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Transportation & Communication
  • Practice
  • Experience

TRANSPORTATION

In the Transportation sector, we give advice on all legal matters concerning infrastructure, whether it be railroads, roads, airports or ports.

We offer advisory services and counseling on the following matters:

  • Obtaining, renewing or renegotiating concessions and authorizations from the National Government (Ministry of Transportation and Communications, Proinversión or the National Port Authority) or from regional or local governments.
  • Selection processes or private initiatives for public-private partnerships.
  • Representation in disciplinary proceedings; complaints filed by final and intermediate users; fulfillment of regulatory provisions for inspections and the report of information; and use of mechanisms for access to essential facilities.
  • Design of provisions and regulations for lending institutions, regulating institutions or promoters of private investment.
  • Design of legal and contractual structures for the development of transportation infrastructure, such as specific legislation, promotion plans, conditions, public-private partnership agreements, trusts and other financial instruments.
  • Advice on financial closing procedures for concessions or other public-private partnership agreements, including collateralization in favor of permitted creditors or the establishment of trusts or other asset/flow management mechanisms.
  • Evaluation of the application of mechanisms to reestablish the sector’s economic and financial balance and tax benefits, such as the recovery of the general sales tax in advance and its refund.
  • Project risk assessment.
  • Legal Support for the preparation of project feasibility studies.

COMMUNICATIONS

We offer advice on all legal matters concerning the Communications sector.

We give advice and counseling on the following matters:  obtaining concessions and authorizations and the allocation of the radio spectrum band from the Ministry of Transportation and Communications (MTC), in order to provide telecommunication services;  PROINVERSION competitive bidding processes for the concessioning of infrastructure projects and the operation of infrastructure and the provision of telecommunication services promoted by the MTC or the Telecommunications Investment Fund (FITEL); and the renewal of concessions by the MTC and the renegotiating of FITEL financing contracts.

We also provide advice on all matters within the sphere of competence of OSIPTEL, the supervisory body for investment in telecommunications, among them:

  • Representation in disciplinary proceedings and proceedings to resolve disputes among telecommunications operators, including ones that have to do with the technical and legal aspects of the interconnection, as well as possible violations of the free and loyal competition regulations.
  • The preparation and negotiation of interconnection agreements and advisory assistance on disagreements with other operators over the implementation of interconnection mandates and contracts.
  • Counseling in rate regulation (interconnection fees and final user rates) proceedings.
  • Complaints by dissatisfied user companies over the telecommunications services provided.
  • Compliance with regulatory provisions regarding inspections, timely reporting of information, and so forth.

We also give advice on the preparation and design of commercial sales campaigns, contracts and all kinds of agreements with other companies and business models for telecommunication operators and for the preparation of subscriber contracts and user service policies, in order to ensure their compliance with current legislation and also that the services offered incorporate technological solutions and take appropriate advantage of all legal incentives.

Transportation

  • Assessment of the financing risk of the second phase of the Jorge Chávez International Airport concession (for Apoyo Fitch).
  • Assessment of the financing risk of the North Pan American Highway Ancón-Huacho-Pativilca highway concession (Apoyo Fitch).
  • Assessment of the financing risk of the North IIRSA highway concession (for Apoyo Fitch).
  • Metropolitan Lima Transportation Concession.
  • Assessment of the financing risk of the second phase of the Jorge Chávez International Airport concession (for Apoyo Fitch).
  • Assessment of the financing risk of the North Pan American Highway Ancón-Huacho-Pativilca highway concession (Apoyo Fitch).
  • Assessment of the financing risk of the North IIRSA highway concession (for Apoyo Fitch).
  • Integral counseling of Consorcio Perú Masivo in the competitive public bidding for the (Metropolitan) Lima urban transportation service concession.
  • Counseling of Andino Inversiones in the drafting, negotiation and review of the BOOT and EPC agreements for the construction and operation of a Port Terminal for ethanol exports.
  • Counseling of the Mediterranean Shipping Company in the competitive public bidding for the Callao North Terminal concession.
  • Counseling of the Brescia Group and SSA Marine in the competitive public bidding for the Port of Paita concession.
  • Counseling of the company holding the concession to the Mocupe – Cayaltí – Oyotun highway segment on the procurement, financing and construction stages of the concession.
  • Counseling of Deutsche Bank A.G. on the financing operation of the Buenos Aires-Canchaque Project via CRPAOs (Transaction closed at US$ 45,000 M).
  • Counseling of Svitzer y Cosmos Agencia Marítima S.A.C. on structuring and executing the Marine Vessels and Services Agreement to supply towage services in Pampa Melchorita.
  • Counseling of Peruvian investors in the competitive bidding for the San Martín Port concession.
  • Counseling (together with Macroconsult and Typsa) of Peruvian and foreign investors in preparing the Feasibility Study for developing a mining port on the Northern coast of Peru.
  • Proposal, for regulatory agencies coordinated by OSITRAM, of the amendment of the Framework Act for Regulatory Agencies and of the Framework Act for Decentralized Investment, in order to give regulatory agencies more autonomy.
  • Preparation for OSITRAN of a draft integral amendment of the Regulations for Access to Public Transportation Infrastructure (REMA).
  • Counseling of the MTC on the financial closure of Highway Network 4.  Collateralization in favor of permitted creditors.
  • Counseling of the MTC on the application for Reestablishment of the Economic – Financial Balance of the North IIRSA highway concession.
  • Counseling of the MTC on the proposal for speeding up investments and amending the Huacho – Pativilca expressway of the Highway Network No. 5 concession.
  • Counseling of OSITRAN on the legal and financial viability of replacing the guarantees for which the Project supervisors of segments 2, 3 and 4 of the Interoceanic Highway are responsible.
  • Counseling of the National Port Authority on obtaining financing to enlarge the inlet to the Port of Callao from the resources of the South Terminal Trust Fund.
  • Counseling of Deutsche Bank A.G. (structurer) on the financing of Segment 1 of the Interoceanic Highway through the use of CRPAOs.
  • Counseling of PROINVERSION in all stages of the structuring and in the competitive public bidding for Segments 1 and 5 of the Peru–Brazil South Interoceanic Highway project.
  • Counseling of Proinversión and the National Port Authority in the competitive public bidding for the New Container Terminal concession at the South Wharf.
  • Counseling of Proinversión in the Coast-Highlands Program, for the resurfacing of the roads transversal to the Pan American Highway (Estimated investment of US$ 350,000 M).

Communications

  • Report prepared for Americatel on the regulatory measures for guaranteeing the success of multi-carrier systems for mobile long-distance telephone services.
  • Report prepared for Geo Supply on the irrationality of the methods used to calculate the taxes on radio spectrum use by mobile satellite operators.
  • Report prepared for the Ministry of Transportation and Communication on the viability of extending the deadline of the concession agreement as requested by Telefónica del Perú.
  • Negotiation with the Peruvian Telecommunications Fund (FITEL) of a comprehensive amendment to the Telecom Rural Subsidy Agreement for rural broadband services.
  • Proposal to OSIPTEL (Peruvian Telecommunications Regulator) of guidelines for the application of the unfair competition act to the telecommunications industry.
  • Preparation of draft Regulations for Telecom Rural to modify the methods used to calculate the taxes on radio spectrum use by rural telecommunications operators.
  • Preparation for OSIPTEL of draft guidelines for applying the competition act to the telecommunications industry.
  • Preparation of a report for OSIPTEL on regulatory measures to facilitate operator access to the radio broadcasting, cable television and Internet markets.
  • Preparation for the University of  San Martín de Porres’ Economic Research Center of a draft National Telecommunications Plan to be approved by the Ministry of Transportation and Communications.
  • Preparation for the Ministry of Transportation and Communications of an institutional and regulatory design proposal for the postal services market.
  • 2600 series Wireless Telephone and Internet Transmission Concession.
  • Report, in the capacity of national experts, for the United States Agency for International Development– USAID, on the Peruvian telecommunications regulatory framework and, in particular, on network unbundling and radio spectrum allocation measures and the royalty for spectrum use.
  • Preparation of legal opinions for Americatel on the implementation of and impact on competition in the multi-carrier system of mobile long-distance telephone services.
  • Counseling of Geo Supply and TESACOM on procedures for declaring the determination of the royalty for radio spectrum use illegal (procedures for imposing bureaucratic barriers before the Market Access Commission).
  • Preparation of a legal opinion for Geo Supply on the irrationality of the methodology used to calculate the royalty on radio spectrum use.
  • Counseling of wholesale clients on administrative and legal procedures in regard to complaints filed by users of public telecommunication services.
  • Preparation for Telecom Rural of a proposal to modify the methodology for determining the royalty for radio spectrum use by rural telecommunications operators.
  • Counseling of Rural Telecom on the renegotiation of the Rural Subsidy Agreement for rural broadband services with the Peruvian Telecommunications Fund (FITEL).
  • Preparation for ISA Perú of a draft amendment of an electric power transmission company’s Concession Agreement to allow for more efficient use of the transmission infrastructure in providing broadband telecommunication services.
  • Proposal of a National Telecommunications Plan  to the University of San Martín de Porres´ Economic Research Center.
  • Integral counseling of and drafting of legal opinions for PROINVERSIÓN in several different public competitive bids for the award of financing agreements for communications services in rural areas that are preferably of social interest, such as, for example:
  • Integrated Mobile Networks (northern, southern and eastern concessions in rural areas).
  • Broadband networks for the Apurimac and Ene Valleys and communities in the Camisea area.
  • Integrated telecommunications services in the Piura region (Buenos Aires – Canchaque).
  • Information and communications technologies for the Candarave communities.
  • Various legal opinions for the Ministry of Transportation and Communications regarding the procedure for renewing telecommunications concessions.
  • Preparation for OSIPTEL of draft amendments to the Guidelines on Unfair Competition in Telecommunications.
  • Preparation for OSIPTEL of draft amendments to the Guidelines on Free Competition in Telecommunications.
  • Preparation for OSIPTEL of draft regulatory measures to facilitate the access of operators to the cable television and Internet markets.
  • Proposal to the Ministry of Transportation and Communications of the institutional and regulatory design for the postal services market.
© Santivañez Abogados
Lima
República de Colombia 791 Ofc. 602
San isidro Lima 27 Perú
t. +51 (1) 202 8000
f. +51 (1) 202 8017
Piura
Los Tamarindos 274 Urb. 4 de Enero
Piura - Piura
t. +51 (73) 32 6994
f. +51 (73) 31 3192
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