COLOMBIA Trends and Developments Contributed by: Maria Carolina Pardo and Carlos Ignacio Arboleda, Baker McKenzie
Baker & McKenzie Carrera 11 #79-35 Piso 9 Bogotá D.C., 110221 Colombia Tel: +57 601 6341500 Email: Natalia.isaza@bakermckenzie.com Web: www.bakermckenzie.com
Challenges in the Application of Telecommunications Regulations to Internet and Cloud-Based Services Colombian telecommunications regulations pro - vide for a very strict and formalistic approach towards regulated services. The application of these regulations to traditional service models (ie, service suppliers located in the country with local infrastructure) has been fairly straightfor - ward. However, new business models wherein the location of service suppliers and infrastruc - ture is diffuse present an important challenge to both regulators and suppliers. Colombian telecommunications regulations in Article 2.2.6.2.1.2 of Decree 1078 of 2015 define: • the “supply of telecommunications networks” as the supply to third parties of nodes and links, whether physical, optical or digital, which allow the sending, transmitting or receiving of any kind of information; and • the “supply of telecommunications services” as the supply to third parties of services that allow the sending, transmitting or receiving of any kind of information through telecom - munications networks, whether proprietary or owned by a third party.
Suppliers of telecommunications networks or services ( proveedores de redes y servicios de telecomunicaciones ; PRSTs) are subject to a mandatory registration requirement in the infor - mation and communication technologies (ITC) registry managed by the Ministry of Information Technologies and Telecommunications (MinTIC). Registration in the ITC registry serves as a blan - ket licence for the supply of telecommunications networks or services in Colombia and triggers certain regulatory obligations, namely: • payment of a quarterly royalty fee to the Min - TIC’s universal fund, calculated as a percent - age of the company’s gross income derived from the supply of telecommunications networks and/or services; • posting of a yearly performance bond or insurance policy to guarantee the payment of the aforementioned royalty fee; and • payment of a yearly royalty fee to the Tel - ecommunications Regulations Commission ( Comisión de Regulación de Comunicaciones CRC), also calculated as a percentage of the company’s gross income derived from the supply of telecommunications networks and/ or services.
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