1341 OF 2009

(July 30)

Official Journal No. 47.426 of 30 July 2009

10, 11, 12, 13, 14, 15, 36, 68 with the exception of its 1o. >

CONGRESS OF THE REPUBLIC

By which principles and concepts are defined on the information society and the organization of Information and Communications Technologies-ICT-, the National Spectrum Agency is created and others are dictated provisions.

COLOMBIA CONGRESS

DECRETA:

TITLE I.

GENERAL PROVISIONS.

CHAPTER I.

GENERAL PRINCIPLES.

ARTICLE 1o. OBJECT. This law lays down the general framework for the formulation of public policies which will govern the Information and Communications Technologies sector, its general system, the competition regime, the protection of the user, as well as the coverage, quality of service, promotion of investment in the sector and development of these technologies, efficient use of networks and radio spectrum, as well as state powers in relationship to planning, management, adequate and efficient management of resources, regulation, control and surveillance of the same and facilitating the free access and non-discrimination of the inhabitants of the national territory to the Information Society.

PARAGRAFO. The television service and postal service will continue to be governed by the relevant special rules, with the specific exceptions contained in this law.

Without prejudice to the application of the general principles of law.

ARTICLE 2o. GUIDING PRINCIPLES. Research, promotion, promotion and development of Information and Communications Technologies are a policy of State involving all sectors and levels of public administration and society, to contribute to educational, cultural, economic, social and political development and to increase productivity, competitiveness, respect for inherent human rights and social inclusion.

Information and Communications Technologies should serve the general interest and it is the duty of the State to promote its efficient and equal access to all inhabitants of the national territory.

These are guiding principles of this law:

1. Priority to access and use Information and Communications Technologies. The State and, in general, all the actors in the Information and Communications Technologies sector, must collaborate, within the framework of their obligations, to prioritize access and use to Information and Information Technologies. Communications in the production of goods and services, in non-discriminatory conditions in connectivity, education, content and competitiveness.

2. Free competition. The State will provide scenarios of free and fair competition that encourage current and future investment in the ICT sector and allow competition to the market, with observance of the competition regime, under market prices and in conditions of equality. Without prejudice to the foregoing, the State may not set different conditions or privileges in favour of competitors in situations similar to those of others and shall encourage healthy competition.

3. Efficient use of infrastructure and scarce resources. The State will encourage the deployment and efficient use of the infrastructure for the provision of telecommunications networks and the services they can provide, and will promote the optimal use of scarce resources in the spirit of to generate competition, quality and efficiency, for the benefit of the users, as long as this infrastructure is remunerated at the cost of opportunity, is technically feasible, does not degrade the quality of service that the owner of the network comes providing its users and third parties not to affect the provision of their own services and to be counted with sufficient infrastructure, taking into account the technical feasibility and the remuneration at efficient costs of access to such infrastructure. For this purpose, within the scope of their powers, national and territorial authorities are obliged to take all measures necessary to facilitate and ensure the development of the required infrastructure, establishing the necessary safeguards and measures that contribute to the prevention, care and conservation so that the public heritage and the general interest are not impaired.

4. Protection of the rights of users. The State shall ensure the adequate protection of the rights of users of Information and Communications Technologies, as well as the rights and duties derived from the Habeas Data, associated with the provision of of the service. For this purpose, direct suppliers and/or operators shall provide their services at market prices and reasonable utility, at the quality levels set out in the enabling securities or, failing that, within the ranges they certify the competent and appropriate entities in the field and with clear, transparent, necessary, truthful and prior information, simultaneously and in all appropriate ways for users to make their decisions.

5. Promotion of Investment. All providers of telecommunications networks and services will have equal opportunities to access spectrum use and will contribute to the Information and Communications Technologies Fund.

6. Technological Neutrality. The State shall ensure the free adoption of technologies, taking into account the recommendations, concepts and regulations of the competent and appropriate international bodies in the field, which will enable the efficient delivery of services to be encouraged, content and applications that use Information and Communications Technologies and ensure free and fair competition, and that their adoption is harmonious with sustainable environmental development.

7. The right to communication, information and education and the basic services of ICT. Under the development of Articles 20 and 67 of the National Constitution, the State will encourage all Colombians to access the Information and basic communications technologies, enabling the full exercise of the following rights: Freedom of expression and dissemination of its thoughts and opinions, information and information, and fair and impartial information, education and access to knowledge, science, technology, and other goods and values of the culture. In addition, the State will establish programs for the population of the strata to develop programs so that the population of the less favored strata and the rural population have access to and use the communication platforms, especially Internet and content and comprehensive education.

8. Mass of Government Online. In order to achieve the delivery of efficient services to citizens, public entities must take all necessary measures to ensure the maximum use of Information and Communications Technologies in Europe. the development of their functions. The National Government will fix the mechanisms and conditions to ensure the development of this principle. And in the relevant regulations it will establish the deadlines, terms and requirements, not only for the installation of the indicated and necessary infrastructures, but also to keep updated and with the complete information the means and technological instruments.

ARTICLE 3o. INFORMATION AND KNOWLEDGE SOCIETY. The State recognizes that the access and use of Information and Communications Technologies, the deployment and efficient use of the infrastructure, the development of content and applications, the protection for users, the training of human talent in these technologies and their transversal character, are pillars for the consolidation of information and knowledge societies.

ARTICLE 4. STATE INTERVENTION IN THE FIELD OF INFORMATION AND COMMUNICATIONS TECHNOLOGIES. In the development of the principles of intervention contained in the Political Constitution, the State will intervene in the field of the Information and Communications to achieve the following purposes:

1. Protect the rights of users, ensuring the quality, efficiency and adequate provision of services.

2. Promote access to Information and Communications Technologies, with the ultimate goal of universal service.

3. To promote the development of content and applications, the provision of services using Information and Communications Technologies and the mass of Government online.

4. Promote the provision of greater capacity in the connection, transport and security of service to the end user, encouraging actions to prevent fraud in the network.

5. Promote and ensure free and fair competition and avoid abuse of the dominant position and restrictive practices of competition.

6. Ensuring the deployment and efficient use of infrastructure and equal opportunities in access to scarce resources will be sought for expansion and coverage for areas of difficult access, especially benefiting populations. vulnerable.

7. Ensure the proper use of radio spectrum, as well as the reorganisation of radio spectrum, respecting the principle of investment protection, associated with spectrum use. Providers of telecommunications networks and services shall be legally and economically liable for damage to infrastructure.

8. Promote the extension of service coverage.

9. To ensure the interconnection and interoperability of telecommunications networks, as well as access to the elements of essential telecommunications networks and installations necessary to promote the provision and marketing of services, content and applications using Information and Communications Technologies.

10. To impose on providers of telecommunications networks and services obligations to provide services and use of their infrastructure, for reasons of national defense, attention and prevention of emergency situations and public safety.

11. To promote the security of computer and network security to develop Information and Communications Technologies.

12. Encourage and promote the development of the information and communications technology industry to contribute to economic growth, competitiveness, employment generation and exports.

13. To promote the construction, operation and maintenance of information and communications technology infrastructures for the protection of the environment and public health.

PARAGRAFO. The National Government will regulate what is relevant to the fulfilment of the above purposes, taking into account the needs of the population and the advancement of information and communications technologies, as well. as the state of development of the information society in the country, for which, the participation of all the actors of the process, especially the users, will be taken into account. The sound broadcasting service is exempted from the application of numerals 4 and 9 of this Article.

ARTICLE 5o. ENTITIES OF NATIONAL AND TERRITORIAL ORDER AND INFORMATION AND COMMUNICATIONS TECHNOLOGIES, ICT. National and territorial entities will promote, coordinate and implement plans, programs and projects to ensure the access and use of the population, businesses and public entities to the Information and Communications Technologies. To this end, these authorities will encourage the development of infrastructure, content and applications, as well as the strategic location of terminals and equipment that will allow citizens to access technological applications that benefit citizens, especially the vulnerable and marginalized areas of the country.

PARAGRAFO 1o. National and territorial entities will increase the services provided to citizens through the use of Information and Communications Technologies. The Government will regulate the conditions in which access to information will be guaranteed online, in an open, uninterrupted and up-to-date manner, in order to advance procedures against public entities, including in the development of recruitment and exercise of the right to vote.

ARTICLE 6o. ICT DEFINITION. Information and Communications Technologies (ICT), are the set of resources, tools, equipment, software, applications, networks and media, which allow compilation, processing, storage, transmission of information such as voice, data, text, video and images.

The Ministry of Information and Communications Technologies together with the CRC will have to issue the glossary of definitions in line with the UIT and other international organizations with which Colombia is a signatory. protocols relating to these matters.

ARTICLE 7o. CRITERIA FOR INTERPRETATION OF THE LAW. This law shall be interpreted in the manner that best guarantees the development of the guiding principles established therein, with an emphasis on the promotion and guarantee of free and fair competition and protection. of the rights of users.

ARTICLE 8o. TELECOMMUNICATIONS IN CASES OF EMERGENCY, SHOCK OR CALAMITY AND PREVENTION FOR SUCH EVENTS. In cases of emergency care, internal and external shock, disasters, or public calamity, network and service providers Telecommunications must be made available to the authorities in a free and timely manner, the networks and services and shall give priority to those authorities in the transmission of the communications they require. In any case, the transmissions related to the protection of human life shall be given absolute priority. They shall also give priority to the authorities in the transmission of free and timely communications for the purposes of disaster prevention, where such communications are deemed indispensable.

Telecommunications network and service providers shall provide the competent authorities, at no cost, with the available identification and location information of the user that the requesting entity considers useful and relevant to ensure efficient care at the events described in this article.

PARAGRAFO 1o. 1 of Decree 4829 of 2010. The new text is as follows: > In order to address the needs related to the emergency declaration grounds referred to in Decree 4580 of 2010 and in particular to ensure the continuity in the provision of telecommunications services and networks, all providers of telecommunications networks and services are obliged to allow the access and use of their networks and infrastructures to the operator who so requests immediate. Similarly, any public service operator or service provider that has infrastructure will be obliged to allow access and use of the infrastructure immediately.

The Communications Regulatory Commission may, at the request of a party or in an informal manner, impose an interim easement immediately to ensure the use of the networks and infrastructure in the face of the refusal of the respective provider.

In the event that the supplier to whom the access and use referred to in this article is requested, he refuses to grant it immediately, the Executive Director of the Communications Regulatory Commission, after approval of the Committee of Commissioners of the Commission on the Regulatory of Communications, on its own initiative or at the request of a party and without the need for the exhaustion of the stage of direct negotiation provided for in article 42 of Law 1341 2009 shall lay down the economic, technical and legal conditions under which such access and use should be given, within three (3) days following the application, conditions that will govern exclusively during the period of the economic, social and ecological state of emergency that the Decree 4580 deals with in 2010.

The interim easement must be executed immediately. In the event of non-compliance, the Ministry of Information and Communications Technologies may impose successive fines equivalent to fifty (50) smlmv daily.

Reconciliations of accounts for access and use imposed by provisional easement shall be made within sixty (60) days following the date of termination of the imposed easement. Such reconciliations shall take into account the charges for the access and use of the networks and infrastructure agreed by the operators or otherwise shall be determined by the Communications Regulatory Commission.

PARAGRAFO 2o. 1 of Decree 4829 of 2010. The new text is as follows: > In order to address the needs related to the emergency declaration grounds referred to in Decree 4580 of 2010 and in particular to ensure the continuity in the provision of telecommunications services and networks, the provision of telecommunications networks and services is declared to be of public utility. The premises shall bear all legal easements which are necessary to ensure the provision and continuity of the provision of public telecommunications services.

It is understood that the easement of occupation of land will comprise the right to build the necessary infrastructure and to install all the works and own services for the construction and installation of the telecommunications networks and the exercise of the other easements required.

For the imposition of easements the procedure provided for in Law 1274 of 2009 will be followed. In any case, occupations may not be permanent. The judicial authorities shall take into account the fact that the information requirements referred to in that law shall apply to the ICT sector, in accordance with the applicable regulations.

PARAGRAFO 3o. 1 of Decree 4829 of 2010. The new text is as follows: > National and territorial entities will have to guarantee the deployment of infrastructure for which they will have to give priority to the issuance of the permits for telecommunications facilities. style="text-decoration: line-through; ">. To this end, the authorization of the respective Municipal or District Planning Secretariat or the national order authority will suffice according to their respective competence, without the need to provide technical, construction license, security studies, among others, that are related to the attention of the economic, social and ecological emergency situation in which Decree 4580 of 2010 is concerned.

ARTICLE 9o. THE INFORMATION AND COMMUNICATIONS TECHNOLOGIES SECTOR. The Information and Communications Technologies sector is composed of manufacturing, commercial and service industries whose products collect, process, create, and create, transmit or display data and information electronically.

For manufacturing industries, products must be designed to comply with the information and communication processing function, including transmission and presentation, and must use electronic processing for detect, measure and/or record physical phenomena or to control a physical process.

For service industries, the products of this industry must be designed to enable the processing of information and communication by electronic means, without adversely affecting the environment.

TITLE II.

PROVISION OF NETWORKS AND SERVICES AND ACCESS TO SCARCE RESOURCES.

ARTICLE 10. GENERAL ENABLEMENT. As of the validity of this law, the provision of telecommunications networks and services, which is a public service under the State's ownership, is generally enabled, and will cause a consideration (i) regular support for the Information and Communications Technologies Fund. This rating includes, in turn, the authorisation for the installation, extension, modification, operation and operation of telecommunications networks, whether or not they are supplied to the public. The enablement referred to in this Article does not include the right to use of radio spectrum.

ARTICLE 11. ACCESS TO THE USE OF RADIO SPECTRUM. The use of radio spectrum requires prior permission, expressed and granted by the Ministry of Information and Communications Technologies.

Spectrum use permission will respect neutrality in technology as long as it is coordinated with the policies of the Ministry of Communications, does not generate interference over other services, is compatible with trends International markets, do not affect national security, and contribute to sustainable development. The Ministry of Information and Communications Technologies will advance objective selection mechanisms, upon public call, for the granting of permission for the use of radio spectrum and will require guarantees corresponding. In those cases, where the level of occupancy of the band and the sufficiency of the resource will allow as when you press service continuity or extending coverage, the Ministry will be able to grant spectrum usage permissions direct.

In the allocation of the necessary frequencies for national defense and security, the Ministry of Information and Communications Technologies will take into account the needs of the State security agencies. The processing, result and information regarding the assignment of this type of frequencies has a reserved character. The National Government may establish free-use frequency bands in accordance with the recommendations of the ITU, and bands exempt from the payment of consideration among others for State Social Programs.

PARAGRAFO 1o. For the purposes of the application of this article, it must be understood that technological neutrality implies the freedom that the providers of networks and services have to use the technologies for the delivery of all services without restriction other than potential harmful interference and the efficient use of scarce resources.

PARAGRAFO 2o. The permits for the use of radio spectrum may be transferred, subject to the authorization of the Ministry of Information and Communications Technologies, in terms that it determines without any improvement. the requirements, quality and guarantees of the use, access and common benefit of the spectrum.

ARTICLE 12. DEADLINE AND RENEWAL OF PERMITS FOR THE USE OF RADIO SPECTRUM. 1 of Law 1753 of 2015. The new text is as follows: > The permission for the use of radio spectrum will have an initial defined period of up to ten (10) years, which may be renewed at the request of part for periods of up to ten (10) years. In order to determine the renewal period, the competent authority shall take into account, inter alia, reasons of public interest, the national re-ordering of radio spectrum, or compliance with the privileges and provisions International frequencies, the determination shall be carried out by means of a reasoned administrative act.

ARTICLE 13. ECONOMIC CONSIDERATION FOR THE USE OF RADIO SPECTRUM. The use of radio spectrum by telecommunications network and service providers shall result in an economic consideration in favour of the Radio Spectrum Fund. Information and Communications Technologies. The amount of this consideration shall be determined by resolution by the Minister for Information and Communications Technologies, with the basis, among others, in the following aspects: allocated bandwidth, number of potential users, availability of the service, expansion and coverage plans, spectrum demand and availability and any other technical parameters that serve as an indicator of the price to be received by the State for the use of radio spectrum.

The economic consideration of this article shall be paid by the respective telecommunications network or service provider on the occasion of the granting or renewal of the permit for the use of the radio spectrum.

ARTICLE 14. INABILITY TO ACCESS PERMITS FOR USE OF RADIO SPECTRUM. They may not obtain permits for the use of radio spectrum:

1. Those who have been declared the expiration of the concession contract to provide any telecommunications service.

2. Those for whom the license to provide services or telecommunications activities, as well as permission to use the radio spectrum, have been cancelled for any reason.

3. Natural persons who have been legal representatives, members of boards or boards of directors and members of legal persons who have been declared to be on expiry of the concession contract to provide any service telecommunications and/or cancelled the license to provide services or telecommunications activities, as well as permission to make use of radio spectrum.

4. Those persons who have been sentenced to custodial sentences, except in the case of political or criminal offences.

5. Those natural or legal persons, their legal representatives, board members or Boards and partners, who do not meet with the Ministry of Information and Communications Technologies or the Technology Fund Information and Communications, by way of their obligations.

PARAGRAFO. The inabilities referred to in numerals 1, 2 and 3 of this article shall be extended by the term of five (5) years, counted from the execution of the administrative act which declared the expiry of the contract, the cancellation of the licence, or the licence. In any case with reasons and charges previously justified and without violation of due process and the right of defense.

ARTICLE 15. REGISTRY OF TELECOMMUNICATIONS NETWORK AND SERVICE PROVIDERS. Creating the ICT registry. The Ministry of Information and Communications Technologies will keep the record of relevant information from networks, ratings, authorizations and permits as determined by the regulation. Network and service providers, permit holders for the use of scarce resources, indicating their partners must be enrolled and incorporated in the Register; they must comply with this obligation by including and updating the information periodically.

In the case of limited liability companies, only their legal representative and the members of their board of directors will be indicated. This registration shall be public and online, without prejudice to constitutional and legal reservations.

With the record that this is dealt with, the enablement referred to in article 10 of this law will be formally understood.

Non-enrollment in the registry carries the penalties for the place.

PARAGRAFO 1o. All suppliers and operators must register in the registry within ninety (90) working days from the date of the regulations issued, without prejudice to their compliance with their obligations. obligations in their capacity as suppliers and holders, in particular for the payment of consideration.

In any case, new suppliers and operators must register prior to the start of operations.

PARAGRAFO 2o. The Ministry of Information and Communications Technologies, will create a comprehensive information system, with relevant data, variables and indicators, on the Information and Communications, which facilitates the setting of goals, strategies, programs and projects for their development.

TITLE III.

INSTITUTIONAL ORGANIZATION.

CHAPTER I.

DEFINITION OF POLICY, REGULATION, SURVEILLANCE, AND CONTROL OF INFORMATION AND COMMUNICATIONS TECHNOLOGIES.

ARTICLE 16. MINISTRY OF INFORMATION AND COMMUNICATIONS TECHNOLOGIES. The Ministry of Communications shall be referred to as the Ministry of Information and Communications Technologies.

ARTICLE 17. MINISTRY OBJECTIVES. The objectives of the Ministry of Information and Communications Technologies:

1. Design, formulate, adopt and promote the policies, plans, programs and projects of the Information and Communications Technologies sector, in accordance with the Political Constitution and the law, in order to contribute to the development of the economic, social and political of the nation, and to increase the welfare of the Colombians.

2. To promote the use and appropriation of Information and Communications Technologies among citizens, businesses, government and other national authorities in support of the nation's social, economic and political development.

3. To promote the development and strengthening of the Information and Communications Technologies sector, to promote research and innovation by seeking its competitiveness and technological advancement according to the national and international environment.

4. Define policy and exercise management, planning and administration of radio spectrum and postal and related services, with the exception of the provisions of article 76 of the Political Constitution.

ARTICLE 18. FUNCTIONS OF THE MINISTRY OF COMMUNICATIONS. The Ministry of Information and Communications Technologies will have, in addition to the functions that determine the Political Constitution, and Law 489 of 1998, the following:

1. Design, adopt and promote the policies, plans, programs and projects of the Information and Communications Technologies sector.

2. Define, adopt and promote policies, plans and programs aimed at increasing and facilitating the access of all inhabitants of the national territory, to information and communications technologies and to their benefits, for which must:

a) Designing, formulating and proposing policies, plans and programmes that guarantee access to and implementation of Information and Communications Technologies, in order to encourage their use as growth support and increase in the competitiveness of the country in the various sectors;

b) Formulate policies, plans and programs that guarantee through the use of Information and Communications Technologies: the improvement of the quality of life of the community, access to markets for the productive sector, and access to equitable opportunities for education, work, health, justice, culture and recreation, among others;

c) Support the State in the access and use of Information and Communications Technologies to facilitate and optimize the management of government agencies and transparent and efficient administrative procurement, and to provide better services to citizens;

d) Support the State in the formulation of the general guidelines for the dissemination of information generated by the Ministries, Administrative Departments and Public Establishments and make the recommendations that it considers indicated for achieve this in an agile and timely manner;

e) Plan, formulate, structure, manage, monitor and track the Ministry's programs and projects;

f) Design and develop massive strategies that explain to citizens the benefits and potential of ICT.

3. Promote the establishment of a culture of Information and Communications Technologies in the country, through programs and projects that favor the appropriation and mass of technologies, as instruments that facilitate the welfare and personal and social development.

4. Coordinate with the actors involved, the advancement of the vertical and transversal axes of the ICT, and the corresponding national plan, providing support and advice at the territorial level.

5. Manage international cooperation in support of the development of the ICT sector in Colombia.

6. 8 of Decree 4169 of 2011 >

7. 8 of Decree 4169 of 2011 >

8. Administer the system of consideration and other administrative actions that involve the payment of rights, through the development of settlement operations, collection and collection, in accordance with current legislation.

9. To exercise the international representation of Colombia in the field of information and communications technologies, especially to the international organizations of the sector, in coordination with the Ministry of Foreign Affairs and under the address of the President of the Republic.

10. Implement the treaties and conventions on information and communications technologies ratified by the country, especially on issues related to radio spectrum and postal services.

11. To govern in accordance with the law the functions of surveillance and control in the field of Information and Communications Technologies.

12. Monitor the full exercise of the rights of information and communication, as well as the fulfilment of the social responsibility of the media, which must contribute to the social, economic, cultural and political development of the country and the different social groups that make up the Colombian nation, without prejudice to the powers of the article 76 of the Political Constitution.

13. To assess the penetration, use and behaviour of information and communications technologies in the national socio-economic environment, as well as their impact on plans and programmes that it implements or supports.

14. To promote the use of ICT to improve the country's competitiveness.

15. To promote, in coordination with the competent entities, the regulation of the paid virtual work, as an alternative of employment for the enterprises and opportunity of generating income of the citizens, of all the social strata.

16. Seek to provide a modern connectivity and communications infrastructure, in support of thought production centers, as well as the monitoring of experts, in the use of ICT, capable of directing and orienting their application of strategic way

17. Raise and keep up to date, the registration of all ICT initiatives at the national level, which can be consulted virtually.

18. Formulate and implement policies for the dissemination and permanent promotion of the services and programs of the Information and Communications Technologies sector, promoting the use and social benefit of communications and access to the knowledge, for all inhabitants of the national territory.

19. Prepare and issue administrative acts, for the purposes listed below:

(a) To exercise State intervention in the information and communications technology sector, within the limits and for the purposes provided for by law, with the exception of the provisions of Article 76 of the Political Constitution;

b) Establish general conditions for the operation and commercial exploitation of networks and services that support information and communications technologies and that are not assigned by law to other entities.

(c) Exorder in accordance with the law, regulations, conditions and requirements for the granting of licenses, permits and registrations for the use or exploitation of the State's rights over the radio spectrum and services of the sector information and communications technologies.

d) Exorder and administer the consideration that corresponds to it by law.

20. Fix the administration, maintenance and development policies of the Internet domain name under the country code for Colombia-.co-.

21. Regulate the participation, social control, functions and financing of the activities of the social control vowels of the network providers and communications services that this law is dealing with.

22. The others assigned to you in the law.

ARTICLE 19. CREATION, NATURE AND SUBJECT MATTER OF THE COMMUNICATIONS REGULATORY COMMISSION. The Telecommunications Regulatory Commission (CRT), which deals with Law 142 of 1994, will be called the Commission for Regulatory Communications (CRC), Special Administrative Unit, with administrative, technical and patrimonial independence, without legal status attached to the Ministry of Information and Communications Technologies.

The Communications Regulatory Commission is the body charged with promoting competition, avoiding abuse of a dominant position and regulating the markets of communications networks and services; in order to provide services is economically efficient, and reflects high levels of quality.

For these purposes, the Communications Regulatory Commission will adopt a regulation that encourages the construction of a competitive market that develops the guiding principles of this law.

ARTICLE 20. COMPOSITION OF THE COMMUNICATIONS REGION COMMISSION. 207 of Law 1753 of 2015. The new text is as follows: > For the performance of their duties, the Communications Regulatory Commission will have the following composition:

The Minister of Information and Communications Technologies, or the Deputy Minister-General as its delegate, the Director of the National Planning Department or the Deputy Director as its delegate, and three (3) exclusive dedication commissioners for periods of four (4) years, not subject to the provisions governing the administrative career. The commissioners shall be appointed by the President of the Republic, who may be lawyers, electronic or telecommunications engineers or economists. In any case, at least one commissioner must be an engineer.

The commissioners must be Colombian citizens over the age of 30, with undergraduate and master's degree or related doctorate degrees, and with a minimum related experience of eight (8) years in the professional exercise.

One of the commissioners, on a rotating basis, shall exercise the functions of the Executive Director in accordance with the rules of procedure, adopted by the same Commission.

PARAGRAFO 1o. The Chair of the CRC Session will be exercised by whom the members of the Commission designate, and the Chair will be able to hold and decide with the simple majority of its members.

PARAGRAFO 2o. The CRC will additionally have an Executive Coordination. The Executive Directorate and the Executive Coordination shall perform their duties with the support of internal working groups as defined in their rules of procedure.

ARTICLE 21. INABILITY TO BE COMMISSIONED. They will not be able to be commissioned experts:

1. Board members or boards, legal representatives, officials or employees in management and trust positions of communications network and service providers, and those who have been within the year prior to the date of designation.

2. Natural persons who are involved in providers of communications networks and services or in companies that have an economic link with them.

3. The spouse, companion or permanent partner, or those who are in the third degree of consaguinity, second of affinity or first civil of any of the persons covered by the causals provided for in the previous literals.

4. Commissioners and officials or employees in management and trust positions of the Communications Regulatory Commission may not, within the year following the dejation of the position, be shareholders or partners in a percentage higher than fifteen (15) percent of companies providing communications networks and services, nor being board members or boards of directors, nor legal representatives, nor officials or employees in management and trust positions of network and service providers communications.

ARTICLE 22. FUNCTIONS OF THE COMMUNICATIONS REGULATORY COMMISSION. The following are functions of the Communications Regulatory Commission:

1. Establish the regulatory regime that maximises the social welfare of users.

2. To promote and regulate free competition for the provision of telecommunications networks and services, and to prevent unfair conduct and restrictive business practices, by means of general regulations or special measures, and may propose differential behavior rules according to the position of the suppliers, previously determined the existence of a market failure.

3. To issue all general and special rules on matters relating to the competition regime, the technical and economic aspects relating to the interconnection obligation and the access and use of essential facilities, physical resources and logical supports necessary for interconnection; as well as remuneration for the access and use of networks and infrastructure, wholesale prices, billing and collection conditions; the system of access and use of networks; quality parameters of the services; the efficiency of the sector and the measurement of indicators (a) sectoral measures to advance the information society; and in the area of dispute settlement between providers of communications networks and services.

4. Regulate the access and use of all networks and access to the telecommunications services markets, with the exception of networks primarily intended for television services Effective Case-law