New Regulation on FM Radio Functionality

On December 23, 2021, MTC - The publication of the Draft Ministerial Resolution establishes the obligation to keep active the reception functionality of the sound radio broadcasting service in the Modulated Frequency (FM) band on cell phones.

It is of great importance and utility that, in emergency or disaster situations, or an eventual fall of the mobile public service networks, in which it is not possible to access those services, the population can access the sound broadcasting service in the Frequency Modulated (FM) band from their cell phones, so they can access the information associated with the emergency; which makes it necessary to approve the norm that provides that the commercialization houses enable and maintain active the functionality of reception of the sound broadcasting service in the FM band in the cell phones that they commercialize to the population.

In the Glossary of terms of the Specific Regulations for the Homologation of Telecommunications Equipment and Devices, approved by Supreme Decree No. 001-2006-MTC, the term "Cellular Telephone" is defined as the portable mobile terminal equipment that allows, at a minimum, to receive and make telephone calls through the mobile telephone network, specifying that the definition includes smartphones and does not include smart watches or other devices determined by the General Directorate of Inspections and Sanctions in Communications via directive resolution.

On the other hand, as a result of the health emergency and the National State of Emergency for the COVID-19 virus, it has become necessary to take advantage of telecommunications services, for example, like the multi-channel distance education service through virtual classes.

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Object and Purpose

• Establish provisions so that the reception functionality of the sound broadcasting service in the Modulated Frequency (FM) band in cell phones that contain the integrated reception mechanism is enabled and remains active for users.
• Allow the population to access the sound broadcasting service in the Modulated Frequency (FM) band on the cell phones that they acquire and have the integrated reception mechanism.
• The companies enable and/or maintain active the reception functionality of the sound broadcasting service in the Modulated Frequency band (FM); it is applicable from the entry of this law; and it reaches the mobile public service concessionaires, through their service centers, authorized agencies, or distributors.

Based on the Government Peru webpage
New link: Regulation Document - https://cdn.www.gob.pe/uploads/document/file/2645089/RM%20N%C2%B0%201328-2021-MTC/01.03.pdf