No more. The Indecopi, through the Specialized Chamber for the Elimination of Bureaucratic Barriers, in the second and last administrative instance, it resolved that the prohibition of the sale of chips on public roads for cell phones, issued by Osiptel, does not constitute a bureaucratic barrier, as denounced the telecommunications company Claro.
Due to this failure, Indecopi decided to declare unfounded the complaint filed by América Móvil Perú SAC against Osiptel, because said prohibition does have legal support.
The aforementioned rule establishes that the authorized points of sale of this article, commonly known as chip, must have an address, which must be reported to the regulatory body.
In this sense, the Chamber decided that the operators that offer their telephony services have the obligation to carry out the biometric verification of the identity of the buyers, only at their authorized service centers or offices, as well as at certified distributors.
Under this opinion, if the sale is carried out on public roads, said verification could not be fulfilled, thereby violating the current legal framework.
This prohibition has legal support. This is stipulated in article 11-D of the Single Ordered Text of the Conditions of Public Telecommunications Services, admitted through Directive Council Resolution 138-2012-CD-OSIPTEL.
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