The International Comparative Legal Guide To: Telecommunication Laws And Regulations 2008 - A Practical Insight To Cross-Border Telecommunication Laws And Regulations

1. FRAMEWORK

1.1 What are the overall policies and objectives for the electronic communications industry and have these been published in draft or final form?

Taking into consideration that the Colombian legislation and regulation on electronic communications industry is based on services (see the General and Regulatory Overviews below), the legislation and regulation as well as the Government entities in charge of defining policies and regulation may differ among telecommunication services (see question 1.5). With such initial remarks in mind, we are going first to illustrate how the Colombian telecommunications services are structured by presenting the current organisation of the industry.

Colombian Telecommunications Industry - General Overview:

Fixed Telephony: Local and long distance (national and international).

Mobile Services: Cellular, PCS, trunking, beeper.

Value Added Services: Internet and broadband.

Radio broadcasting services: Public interest, commercial and community.

Television broadcasting services: Free-to air-TV: (i) Public (regional and national), and (ii) private (National and local); and subscription TV: (i) cable, (ii) satellite and (iii) community.

Postal services:* Mail and specialised currier services.*Provided by the National Postal Services (SPN).

In order to keep the terms of the Colombian legislation and for greater certainty, telecommunication services are classified as follows:

Colombian Telecommunications Industry - Regulatory Overview:

Basic Services: Carrier and teleservices (fixed telephony, mobile, telegraphy and telex).

Broadcasting Services: Radio broadcasting services and television broadcasting services.

Telematic and Value Added Services: Telematic (Telefax, teletext, videotext and data fax); Value Added (Internet and broadband).

Auxiliary Services: Emergency and security Services.

Special Services: (Radio ham, experimental, and research)

OVERALL POLICIES AND OBJECTIVES TYPE OF SERVICE

Telecommunications Services

Television Services

The Colombian Constitution sets forth the principles that public services are not only intrinsic to the social purpose of the State and therefore, its duty is to assure the efficient supply of them throughout the entire nation, but also may be provided by the State, directly or indirectly, through organised communities or individuals. With reference to competition, the Colombian Constitution establishes the principle that the economic activity is free within the welfare limits. In addition, free economic competition, which is not absolute - because could be limited by Congress, is also a Constitutional principle placed in order to encourage private initiative.

Guarantee the quality of public utility services with the intention of assuring the improvement of the users' quality of life, including priority attention of basic needs, and continuous and uninterrupted service supply.

Recognise the pre-eminence of the public interest over all others, which entails the social responsibility of mass media and the respect to Constitutional values.

Encourage free competence market to assure its development, avoid restrictive practices and agreements derived from dominant position, and control monopolistic activities.

Idem.

All the Colombians shall be connected and informed by increasing the broadband penetration.

Separation between opinions and information and impartiality of the information.

Consolidation and institutional modernisation are key to build up a strategic sector to the country.

Respect to the politic, religious, social and cultural pluralism.

The information and telecommunication industry ought to be developed to improve competitiveness.

Protection of the family; right to privacy.

Public television and radio broadcasting policies should be targeted to increase quality and competitiveness.*

*Except for regional television services, the Ministry of Communications (the "Ministry") is in charge of the public television services operation.

PUBLICATIONS

Published by Law 142 of 1994, Decree 1900 of 1990, Law 72 of 1989, and by an official presentation of the Ministry on August 25, 2006.

Published by Law 182 of 1995.

In response to the new technological developments, the Ministry recently enacted Decree 2870, 2007 (the "Convergence Decree") the main purpose of which is to implement measures to facilitate the convergence of services and networks with respect to telecommunications services excluding television, radio broadcasting services, and auxiliary and special services.

1.2 Is Colombia a member of the World Trade Organization?

Yes, Colombia has been a member of the WTO since April 30, 1995.

1.3 Has Colombia made commitments under the GATS/GATT regarding telecommunications and has Colombia adopted the WTO Basic Telecommunications Agreement?

Yes, Colombia has made specific commitments under GATS, and has adopted the WTO BTA.

1.4 How is the provision of electronic communications networks or services regulated? Is the provision of electronic communications networks or services open to competition in Colombia?

As stated above, electronic communications are regulated by services and on an ex-ante basis.

With reference to competition, electronic communications are open (see question 1.1). As a result of the Convergence Decree, relevant markets shall be established by the Regulatory Commission of Telecommunications (the "CRT") to determine obligations to significant market power (SMP) operators.

1.5 Which are the regulatory and competition law authorities? How are their roles differentiated?

Regulatory And Competition Law - Authorities:

Fixed Telephony:

Policy: Ministry;

Regulation: CRT; and

Competition: Superintendence of Public Utilities except for mergers or acquisitions approval (Superintendence of Industry and Commerce -SIC-).

Mobile Services:

Policy: Ministry;

Regulation: CRT; and

Competition: SIC.

Value Added Services:

Policy: Ministry;

Regulation: CRT; and

Competition: SIC.

Radio Broadcasting Services

Policy: Ministry;

Regulation: CRT; and

Competition: SIC.

Television Broadcasting Services:

Policy: CNTV;

Regulation: CNTV; and

Competition: CNTV.

Therefore, the roles heavily depend on the regulated service and are differentiated by the Constitution, laws, statues, regulations, etc.

1.6 Are decisions of the national regulatory authority able to be appealed? To which court or body?

As a general rule, decisions of the regulatory Commissions (CRT and CNTV) cannot be appeal to any other governmental body. However, with regard to decisions made by the CNTV's Offices of Internal Control and Competition Policy are able to be appealed to the CNTV's Board of Directors which acts as Second Instance in relation to internal disciplinary processes and particular community television issues. For greater certainty, users may bring legal actions to the administrative jurisdiction (Council of State) against the decisions of both Commissions (CRT and CNTV).

2. LICENSING

2.1 If a license or other authorisation is required to install or operate electronic communications networks or provide services over them, please briefly describe the process and timescales.

License Or Other Authorisation:

Fixed Telephony: Public service utilities law established that the provision of fixed telephony does not require concession, which is certainly an innovation within the international telecommunications regulatory framework. However, the principle of free access stipulated on such law (article 25) specifies the obligation of obtaining concessions only when using radio spectrum or waters. Furthermore, depending on the particular case, in order to operate shall obtain from the authorities only the environmental and health permissions.

Mobile Services: It is subject to concessions granted...