LAW 671 OF 2001

(July 30)

Official Journal No. 44.503 of 30 July 2001

by means of which the "Fourth Protocol annexed to the General Agreement on Trade in Services with the List of Specific Commitments of Colombia Anexa" is approved, made in Geneva on 15 April 1997

COLOMBIA CONGRESS

Having regard to the text of the Fourth Protocol to the General Agreement on Trade in Services with the List of Specific Commitments of Colombia Anexa, made in Geneva on 15 April 1997, which reads:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

" FOURTH PROTOCOL ANNEX TO THE GENERAL AGREEMENT

ABOUT THE SERVICES TRADE

Members of the World Trade Organization (hereinafter referred to as the "WTO") whose Lists of Specific Commitments and Lists of Exemptions from Article II of the General Agreement on Trade in Telecommunications Services Basic figures are annexed to this Protocol (hereinafter referred to as "interested Members"),

Having conducted negotiations in accordance with the Ministerial Decision on the basic telecommunications negotiations adopted in Marrakesh on 15 April 1994,

Taking into account the Annex relating to the Basic Telecommunications Negotiations,

They come in the following:

1. On the date of entry into force of this Protocol, the List of Specific Commitments and the List of Article II exemptions in respect of basic telecommunications annexed to this Protocol relating to a Member shall supplement or amend, in accordance with the conditions specified therein, the List of Specific Commitments and the List of Exemptions in Article II of that Member.

2. This Protocol shall be open to the acceptance of the Members concerned, by signature or formality of another class, until 30 November 1997.

3. This Protocol shall enter into force on 1. January 1998 provided that all the Members concerned have accepted it. Yes for the 1o. In December 1997 the Protocol would not have been accepted by all the Members concerned, the Members who have accepted it by that date may adopt, before 1o. January 1998, a decision on its entry into force.

4. This Protocol shall be deposited with the Director-General of the WTO. It shall promptly forward to each WTO Member an authenticated copy of this Protocol and notifications of the acceptance of the Protocol.

5. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

Made in Geneva on April 15, 1997, in a single copy and in the Spanish, French and English languages, the three texts being equally authentic, unless the contrary is established with respect to the Lists annexed thereto.

COLOMBIA

List of specific commitments

(This list is authentic in Spanish only)

COLOMBIA-LIST OF SPECIFIC COMMITMENTS

VIEW TABLE IN ORIGINAL PRINTED OR FORMAT "PDF"

2. For non-public use, based on the use of facilities. (refers to the private telecommunications network, established by persons, natural or legal for their exclusive and exclusive use, without the provision of services to third parties and without connection to the telecommunications network of the State or other Private telecommunications networks).

Voice phone services.

Transmission of data with packet switching.

Transmission of circuit-switched data.

Circuit lease services for private use.

Pager services.

Trunking services

ANNEX

Reference document

The additional commitments contained in this list apply to the basic telecommunications services for which specific commitments are made.

Scope

The following are definitions and principles relating to the regulatory framework for basic telecommunications services.

Definitions

Users are understood to be service consumers.

Essential installations means any installation of a public telecommunications transport network or service that:

a) Be supplied exclusively or predominantly by a supplier or by a limited number of suppliers; and

b) A replacement for the provision of a service is not feasible economically or technically.

An important supplier is a supplier that has the capacity to significantly affect the conditions of participation (from the price and supply point of view) in a given market of basic telecommunications services such as result of:

a) Control of essential facilities; or

b) The use of their market position.

1. Safeguards of competition

1.1 Prevention of anti-competitive practices in the sphere of telecommunications

Appropriate measures shall be maintained in order to prevent suppliers who, individually or jointly, from being an important supplier to employ or continue to employ anti-competitive practices.

1.2 Safeguards

Anti-competitive practices referred to above shall include in particular the following:

a) Perform anti-competitive cross-subsidy activities1;

b) Use information obtained from competitors with anti-competitive results; and

(c) Not to make technical information on essential facilities and commercially relevant information that they need to provide services at the disposal of other service providers.

2. Pipeline

2.1 This article refers to the link to providers who supply public telecommunications transport networks or services, so that users of a provider can communicate with users of another provider and have access to services provided by another supplier in respect of which specific commitments are made.

2.2 Interconnection to be secured

Interconnection with an important supplier will be ensured at any technically feasible point in the red.2 This interconnection will be facilitated:

(a) In terms and conditions (including technical standards and specifications) and with non-discriminatory tariffs, and shall be of a quality no less favourable than that provided for their own similar services or for similar services of non-affiliated service providers or their subsidiaries or other affiliated companies;

b) In a timely manner, in terms and conditions (including technical standards and specifications) and with cost-based rates that are transparent and reasonable, take into account economic viability, and are sufficiently disaggregated so that the provider does not have to pay for network components or installations that it does not need for the provision of the service; and

c) Upon request, in additional points to the network termination points offered to most users, at a price that reflects the cost of building the necessary additional facilities.

2.3 Public availability of pipeline negotiation procedures

The procedures applicable to interconnection with an important supplier shall be made available to the public.

2.4 Transparency of pipeline agreements

It is ensured that any major supplier will make its interconnection agreements or a reference interconnection offer available to the public.

2.5 Interconnection: Differences Solution

Any service provider requesting interconnection with an important provider may present a resource:

a) At any time, or

(b) After a reasonable period of time that has been publicly disclosed to an independent national body, which may be the regulatory body referred to in paragraph 5 below, to resolve within a reasonable period of time, differences with respect to the appropriate terms, conditions and tariffs for interconnection, provided that these have not been previously established

3. Universal Service

Every member has the right to define the type of universal service obligation that you want to maintain. The obligations of that nature shall not be deemed to be anticompetitive per se, provided that they are administered in a transparent and non-discriminatory manner and with neutrality in competition and are not more burdensome than is necessary for the the universal service type defined by the member.

4. Public availability of licensing criteria

When a license is required, they will be made available to the public:

a) All licensing criteria and the normally required time limits for making a decision regarding a license application, and

b) The terms and conditions of the individual licenses.

At the request of the interested party, the reasons for the refusal of the license will be communicated to you.

5. Independence of the regulatory entity

The decisions of the regulatory body and the procedures applied will be impartial with respect to all market participants.

6. Allocation and use of scarce resources

Any procedure for the allocation and use of resources, such as frequencies, numbers and rights of way, will be implemented in a timely, transparent and non-discriminatory manner. The current status of the assigned frequency bands shall be made available to the public, but the frequencies assigned to specific official uses need not be identified in detail.

Certificate that the text above is a copy of the Fourth Protocol annexed to the General Agreement on Trade in Services, made in Geneva on 15 April 1997, the original text of which is the Director General of the Organization World Trade.

Director General,

Geneva.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 30, 2001

Approved, subject to the consideration of the honorable National Congress for constitutional effects.

(Fdo.) ANDRES PASTRANA ARANGO

The Foreign Minister,

(Fdo.) Guillermo Fernandez de Soto.

DECRETA:

ARTICLE 1o. Approve the Fourth Protocol to the General Agreement on Trade in Services with the List of Specific Commitments of Colombia Anexa, made in Geneva on April 15, 1997.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. From 1944, the Fourth Protocol to the General Agreement on Trade in Services with the List of Specific Commitments of Colombia Anexa, made in Geneva on April 15, 1997, which is approved by the first article of this law, will force the country from the date on which the international link with respect to the same is perfected.

The General Agreement on Trade in Services, which is one of the multilateral agreements annexed to the Agreement establishing the World Trade Organization-WTO-, made at Marakehs on 15 April 1994, was approved by the Law 170 of 1994 and entered into force for Colombia on April 30, 1995.

ARTICLE 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

MARIO URIBE ESCOBAR.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

BASILIO VILLAMIZAR TRUJILLO.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

Dada in Bogotá, D. C., on July 30, 2001.

ANDRES PASTRANA ARANGO

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO.

The Minister of Foreign Trade,

MARTA LUCIA RAMIREZ DE RINCON.

The Minister of Communication,

ANGELA MONTOYA HOLGUIN.