The decree distinguishes between telecommunications activities and telecommunications services. The first ones are assimilated to private services, and consist of the establishment of a telecommunications net for private and exclusive use, which will be granted through a license ; and the services of telecommunications which are those rendered by public or private persons, duly incorporated in Colombia, in order to satisfy specific telecommunications needs for third parties. The possibility of rendering Trunking services will be granted by the Ministry of Communications through a public bid. The Ministry shall elaborate the terms of reference in which the requirements and conditions necessary for the participation in the referred process will be established. The term for the concession will be 10 years, term that could be extended by 10 years more. However, in any case the term of the agreement and its extension cannot exceed a 20 year period.
According to Decree 2343, the Ministry shall establish the concession tariffs, which must include a periodic charge for the exploitation and use of the radioelectric spectrum and a fixed charge for the granting of the concession rights.
Prepared by Gustavo A. Hoyos and Ana Maria Arboleda from Gomez Pinzon y Asociados.
These notes are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
GOMEZ PINZON & ASOCIADOS Carrera 9 No. 73-24 Pisos 1,2,3 y 5 Santafe de Bogota, Colombia Telephone : 571- 3107055/ 5066 Facsimile : 571- 3106646/6657 http://ourworld.compuserve.com/homepages/GOMEZP_LAW
