1998 (January 13)
Official Gazette No. 43,216, of January 16, 1998
By which partially amending Law 37 of 1993 and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. The Ministry of Communications will determine how delivery, technology and type of telephone service, different from cellular mobile telephony, for use in expansion plans in special conditions of the municipalities with the highest levels of unsatisfied basic needs, that is Article 4 of Law 37 of 1993. for this purpose, the Ministry of Communications will invest the resources paid by the cellular mobile telephony operators in the implementation of the expansion plan in those directly or indirectly through Telecom municipalities, their teleasociadas and local telephone companies.
The Ministry of Communications will expand the coverage of telephone service to those municipalities that correspond to the fifth and sixth categories referred to in Article 6 of Law 136 of 1994 and other municipalities, one and two strata and their areas rural.
. Service operators cellular mobile telephone may cover more remote or difficult to access areas of the country, acting together through a single network. The Ministry of Communications will give the authorization only when operators demonstrate that such circumstances provide the technical project, access to a greater number of users to the service, and use tariffs and reduced connection. These rates shall in no case exceed 40% of the normal price.
ARTICLE 3o. Under the interconnection operators Basic Switched Local Public Telephony, LSBPT, Basic Switched Local Extended Public Telephony, ELSBPT, Cellular Mobile Telephony, TMC, and Public Telephony Basic Switched Long Distance, TPBCLD are required to connect their networks to allow the exchange of telecommunications between them. The operator on whose network originates communication timely provide service billing and collection of values corresponding to the services provided to users by operators involved in communication in the conditions agreed between them and shall recognize the cost serving, plus a reasonable profit. If there is no agreement on the conditions within 45 calendar days, the Ministry of Communications shall be fixed within 45 calendar days, by reasoned act. If after the administrative act produced by the Ministry of Communications, had agreed between the parties the latter will prevail.
Operator to bill and collect timely operator shall transfer the amounts paid corresponding users for services that had been provided in communication within the terms agreed by the parties or, failing those set by the Ministry of communications.
Operators may agree to provide additional services to billing and collection, prior authorization from the Ministry of Communications.
Users a telecommunications operator that create a communication in which the services of one or more interconnected operators pay must pay all services at the rate set by each or by the competent authorities according to tariff regime applicable to each service.
. In the concession contracts for telecommunications services, the reversal only mean that revert to the State radio frequencies assigned to the service granted. The reversal of frequencies will not require any special administrative act. Effective Jurisprudence
The 5th ARTICLE. The first paragraph of Article 3 of Law 37 of 1993 will read. Private and mixed in societies in this article must be corporations. Private companies must register their shares on domestic and foreign securities.
The National Superintendency of Securities monitor compliance with the provisions of this paragraph. Effective Notes
. ILLEGAL ILLEGAL OR PROVISION OF TELECOMMUNICATIONS SERVICES ACCESS. The accessing or using the cellular mobile telephony or other telecommunications service by copying or unauthorized reproduction signal identification terminal equipment services, referrals, or use of public telephony lines switched basic local, local extended or of unauthorized long-distance, or provides services or telecommunications activities profit was unauthorized liable to imprisonment of four (4) to ten (10) years and a fine of five hundred (500) to one thousand (1,000) minimum monthly wages .
. Editor's Notes
Article 7. WAIVER OF PREFERENCE. The entities attached or linked to the Ministry of Communications and indirect or second degree belonging to the same, to provide telecommunications services entities may waive preemptive rights enshrined in Article 10 of Decree-Law 130 of 1976, after approval of Board Directing Council of the respective entity.
. This law applies from the date of issue.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
The President of the honorable House of Representatives, Carlos Ardila
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.
Ernesto Samper Pizano Minister of Justice and Law,
Almabeatriz Rengifo Lopez.
The Minister of Communications, José Fernando Bautista