ACT 422 OF 1998

(January 13)

Official Journal No. 43,216 of 16 January 1998

1341, 2009 >

By which Law 37 of 1993 is partially amended, and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. 1341 of 2009 > The Ministry of Communications will determine the form of delivery, technology and class of telephone service, different from cellular mobile phone service, to be used in the expansion plans under special conditions in the municipalities with higher levels of unmet basic needs, which is dealt with in Article 4or Law 37 of 1993. For the purpose, the Ministry of Communications will invest the resources cancelled by cellular mobile operators, in the execution of the expansion plan in these municipalities, directly or indirectly through Telecom, their teleassociates and of local telephone companies.

The Ministry of Communications may extend the coverage of the telephone service to those municipalities corresponding to the fifth and sixth categories referred to in Article 6or Law 136 of 1994 and other municipalities, in strata one and two and their rural areas.

ARTICLE 2o. 1341 of 2009 > Mobile cell phone service operators will be able to cover the most remote or hard-to-reach areas of the country, acting together through a single network. The Ministry of Communications shall give the appropriate authorization only if the operators prove that these circumstances facilitate the technical project, the access of a greater number of users to this service, and the reduced use and connection. In any case, these tariffs may not exceed 40% of the normal price.

ARTICLE 3o. 1341 of 2009 > By virtue of the interconnection the Local Commutated Basic Public Telephony, TPBCL, Extended Local Commutted Basic Public Telephony, TPBCLE, Cell Mobile Telephony, TMC, and Long Distance Switched Basic Public Telephony, TPBCLD, are required to connect their networks to enable the exchange of telecommunications between them. The operator on whose network the communication originates shall provide the billing service in a timely manner and collect the securities corresponding to the services provided to the users by the operators involved in the communication in the conditions to be agreed between them and the cost of serving, plus a reasonable utility, must be acknowledged. If there is no agreement on the terms and conditions within 45 calendar days, the Ministry of Communications shall fix them within 45 calendar days following a reasoned act. If, after the administrative act produced by the Ministry of Communications, the latter has agreed between the parties, the latter shall prevail.

The operator who invoiced and collects must transfer the securities collected to the users in a timely manner to the operator for the services that have been provided in the communication, within the terms agreed by the parties or in the (i) the default of those fixed by the Ministry of Communications.

Operators may agree to the provision of additional services to those of invoicing and collection, subject to the authorization of the Ministry of Communications.

Users of a telecommunications operator who originate a communication providing the services of one or more interconnected operators shall pay the full service at the rate fixed by each of them or by the competent authorities in accordance with the tariff arrangements applicable to each service.

ARTICLE 4o. 1341 of 2009 > In the contracts for the granting of telecommunications services, the reversal will only imply that the radio frequencies allocated for the provision of the service granted. The frequency reversal shall not require any special administrative act.

ARTICLE 5o. 1341 of 2009 > The first paragraph of Article 3or Act 37 of 1993 will remain so. The private and mixed companies that this article deals with must be public limited companies. Private companies must register their shares on the domestic and foreign stock exchanges.

The National Securities Superintendence will monitor compliance with the provisions of this paragraph.

ARTICLE 6o. ILLEGAL ACCESS TO OR ILLEGAL PROVISION OF TELECOMMUNICATIONS SERVICES. 1341 of 2009 > Access to or use cellular mobile phone service or other service telecommunications by the unauthorized copying or reproduction of terminal equipment identification signals from these services, derivations, or use of local, extended or long local switched basic public telephony lines unauthorized distance, or It provides services or telecommunications activities with non-authorized profit, will incur in prison from four (4) to ten (10) years and fine from five hundred (500) to one thousand (1,000) monthly minimum legal wages.

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ARTICLE 7o. WAIVER OF THE RIGHT OF PREFERENCE. 1341 of 2009 > Entities attached to or linked to the Ministry of Communications and indirect or second-grade entities belonging to the Ministry of Communications, which provide telecommunications services, may to waive the right of preference enshrined in Article 10 of Decree-Law 130 of 1976, prior to the favorable concept of the Board or Board of Directors of the respective entity.

ARTICLE 8o. This law governs from the date of your issue.

The President of the honorable Senate of the Republic,

Amylkar Acosta Medina.

The Secretary General of the honorable Senate of the Republic,

Pedro Pumarejo Vega.

The President of the honorable House of Representatives,

Carlos Ardila Ballesteros.

The Secretary General of the honorable House of Representatives,

Diego Vivas Tafur.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogotá, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Minister of Justice and Law,

Almabeatriz Rengifo Lopez.

The Minister of Communications,

Jose Fernando Bautista Quintero.