By Which Principles And Concepts Of The Information Society And The Organization Of Information Technology And Communications -Ict- Defined, The National Spectrum Agency Is Created And Other Provisions

Original Language Title: Por la cual se definen principios y conceptos sobre la sociedad de la información y la organización de las Tecnologías de la Información y las Comunicaciones -TIC-, se crea la Agencia Nacional de Espectro y se dictan otras disposiciones

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ACT 1341 2009
(July 30)
Official Gazette No. 47426 of July 30, 2009
CONGRESS OF THE REPUBLIC

By which principles and concepts of the information society and the organization of Information Technology and Communications -ICT- defined, the National Spectrum Agency is created and dictate other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:

TITLE I. GENERAL PROVISIONS.

CHAPTER I. GENERAL PRINCIPLES.

ARTICLE 1o. OBJECT. This law determines the general framework for the formulation of public policies governing the sector of Information Technology and Communications, overall system, the system of competition, user protection and respect to coverage, service quality, promotion of investment in the sector and the development of these technologies, efficient use of network and radio spectrum, as well as the powers of the State in relation to the planning, management, proper management and efficient use of resources, regulation, control and supervise them and facilitating access without discrimination of the inhabitants of the country to the Information Society.
PARÁGRAFO. TV service and postal service continue to be governed by the relevant special rules, with specific exceptions that contains this law. Effective Jurisprudence


Without prejudice to the application of the general principles of law.
Article 2.
. GUIDING PRINCIPLES. Research, development, promotion and development of Information Technology and Communications are a state policy that involves all sectors and levels of government and society, to contribute to the educational, cultural, economic, social and political and increase productivity, competitiveness, respect for the inherent human rights and social inclusion.
The Information Technology and Communications must serve the general interest and duty of the State to promote efficient and equal access opportunities to all inhabitants of the country.
Are guiding principles of this law:
1. Priority access to and use of Information Technology and Communications. The State and in general all actors of information technology and communications sector should collaborate, within the framework of its obligations to prioritize access to and use of Information Technology and Communications in the production of goods and services, non-discriminatory connectivity, education, content and competitiveness.
2. Competition. The State shall promote scenarios free and fair competition to encourage current and future investment in the ICT sector and allow the audience to market, with observance of the competitive, low market prices and equal. Notwithstanding the foregoing, the State can not set different conditions or privileges for some competitors similar to those of other situations and facilitate healthy competition.
3. efficient use of infrastructure and scarce resources. The State shall promote the deployment and efficient use of the infrastructure for the provision of telecommunications networks and services on them to lend, and promote the optimal use of scarce resources with the aim of generating competition, quality and efficiency, benefit users, provided that such infrastructure opportunity costs remunerated, technically feasible and not degrade the quality of service that the network owner has been providing its users and third parties does not affect the provision of its own services and it has sufficient infrastructure, taking into account the technical feasibility and cost-efficient remuneration access to such infrastructure. For this purpose entities national and territorial levels are within the scope of its powers, obliged to take all necessary measures to facilitate and ensure the development of the required infrastructure, establishing guarantees and necessary measures to contribute to the prevention , care and conservation to public property and the public interest is not impaired.

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4. Protecting the rights of users. The State shall ensure adequate protection of the rights of users of Information Technology and Communications, as well as compliance with the rights and obligations deriving from Habeas Data, associated with the service. To this end, suppliers and / or direct operators should provide their services at market prices and utility reasonable in quality levels established in the authorization certificates or, failing that, within the ranges certifying competent and appropriate entities in the field and with clear, transparent, necessary, truthful and above, simultaneous and timely all ways for users to make their decisions.

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5. Investment Promotion. All providers of telecommunications networks and services have equal opportunities to access spectrum use and contribute to the Fund of Information Technologies and Communications.
6. Technological Neutrality. The State shall guarantee the free adoption of technologies, taking into account recommendations concepts and regulations of relevant and appropriate international organizations in the field, which will pave the efficient delivery of services, content and applications using Information Technologies and Communications and ensure free and fair competition, and its adoption is harmonious with sustainable environmental development.
7. The right to communication, information and education and basic ICT services. In the application of Articles 20 and 67 of the Constitution the State shall encourage all Colombian right to access to information technology and basic communications, which allow the full exercise of the following rights: Freedom of expression and dissemination their thoughts and opinions, to transmit and receive truthful and impartial information, education and access to knowledge, science, technology, and other goods and values ​​of culture. Additionally, the State shall establish programs for the population strata develop programs for the disadvantaged population strata and rural population have access to and use of communication platforms, especially Internet and computer contents and integral education.

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8. Massification of Government Online. In order to achieve efficient delivery of services to citizens, public authorities must take all measures necessary to ensure maximum use of Information Technology and Communications in the development of its functions. The National Government shall establish the mechanisms and conditions to ensure the development of this principle. And in the corresponding regulations establish deadlines, terms and requirements, not only for the installation of the indicated and necessary infrastructure, but also to maintain updated and complete information media and technological tools.

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ARTICLE 3. Knowledge society. The State recognizes that access to and use of Information Technology and Communications, deployment and efficient use of infrastructure, development of content and applications, protecting users, training of human resources in these technologies and their transversal nature, are pillars for the consolidation of information societies and knowledge.

ARTICLE 4. STATE INTERVENTION IN THE FIELD OF INFORMATION TECHNOLOGY AND COMMUNICATIONS. Developing the principles of intervention contained in the Constitution, the State will intervene in the sector of Information Technology 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 the Information Technology and Communications, with the ultimate aim of universal service.
3. Promote the development of content and applications, providing services using Information Technologies and Communications and the massification of Government Online.

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4. Promote offering greater capabilities in the connection, safe transport and service to the end user, encouraging actions to prevent fraud on the network.
5. Promote and ensure free and fair competition and prevent abuse of dominant position and restrictive practices of competition.

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

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7. Ensure proper use of the radio spectrum, as well as the reorganization of the same, respecting the principle of investment protection associated with the use of the spectrum. Providers of telecommunications networks and services legally and economically liable for damage caused to infrastructure.
8. Promote the expansion of service coverage.
9. Ensure interconnection and interoperability of telecommunications networks and access to network elements and essential telecommunications facilities necessary to promote the provision and marketing of services, content and applications using Information Technology and Communications.
10. Imposing providers of telecommunications networks and services obligations of service provision and use of infrastructure, for reasons of national defense, care and prevention of emergency situations and public safety.

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11. Promote computer security and networking to develop Information Technology and Communications.
12. Encourage and promote the development of the industry of information technology and communications to contribute to economic growth, competitiveness, job creation and exports.
13. Tend construction, operation and maintenance of infrastructure of information technology and communications environmental protection and public health.
PARÁGRAFO. The National Government will regulate as appropriate to fulfill the above purposes, taking into account the needs of the population and the advancement of information technology and communications, as well as the state of development of information society in the country, for which it will take into account the participation of all stakeholders in the process, especially to users. It exempted from the application of paragraphs 4 and 9 of this article sound broadcasting service. Effective Jurisprudence


The 5th ITEM. THE ORDER AND NATIONAL INSTITUTIONS AND TERRITORIAL INFORMATION TECHNOLOGY AND COMMUNICATION, ICT. Entities national and territorial promote, coordinate and implement plans, programs and projects to ensure access to and use of the population, companies and public entities to Information Technology and Communications. To this end, they will encourage the development of infrastructure, content and applications, as well as the strategic location of terminals and equipment that actually allow citizens access to technological applications that benefit citizens, especially the vulnerable and areas marginalized in the country. PARAGRAPH 1.
. Institutions national and territorial increase the services provided to citizens through the use of Information Technology and Communications. The Government shall regulate the conditions under which access to information online, open, uninterrupted and updated to further proceedings against public entities, including the development of procurement processes and the exercise of the right to vote is guaranteed.

ARTICLE 6o. DEFINITION OF ICT. The Information Technology and Communications (TICs) are the set of resources, tools, equipment, software, applications, networks and media, enabling the collection, processing, storage, transmission of information such as voice, data, text, video and images.
The Ministry of Information Technology and Communications together with the CRC should issue the glossary of definitions in accordance with the principles of the ITU and other international organizations with which Colombia is signatory to protocols relating to these matters.

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


Article 8. TELECOMMUNICATIONS IN EMERGENCIES, shock or calamity AND PREVENTION FOR SUCH EVENTS. In cases of emergency care, internal and external shocks, disasters or public calamity, network providers and telecommunication services shall make available to the authorities of free and timely manner, networks and services and give priority to those authorities in transmission of communications necessary thereto. absolute will to transfers related to the protection of human life priority in any case. They also give priority to the authorities in the transmission of free and timely communications for disaster prevention purposes, when considered necessary.
Network providers and telecommunications services shall provide to the competent authorities, at no cost, available information identification and user location to the requesting entity deems useful and relevant to ensure efficient care in the events described in this Article. PARAGRAPH 1.
. In order to meet the needs related to the grounds of emergency declaration to that Decree 4580 of 2010 refers in particular to ensure continuity in the provision of services and telecommunication networks, all network providers and services telecommunications are obliged to allow access and use of their networks and infrastructure operator who requests immediately. Similarly, any operator or public service provider having infrastructure is obliged to allow access and use of it immediately.
The Commission for Communications Regulation at the request of a party or informally, you may impose a provisional bonded immediately to ensure the use of networks and infrastructure at the refusal of the respective supplier.
In the event that the supplier who access and use referred to in this article requested, refuses to grant it immediately, the Executive Director of the Commission for Communications Regulation after approval by the Committee Commissioners of the Commission for Communications Regulation, on its own initiative or upon request and without the exhaustion stage of direct negotiations provided for in Article 42 of Law 1341 of 2009 is necessary, fix the economic and legal conditions, techniques to be given such access and use, within three (3) days following the request, conditions that governed solely during the period of the state of economic, social and ecological emergency that is Decree 4580 of 2010.
the provisional easement must be executed immediately. In case of default, the Ministry of Information Technologies and Communications may impose successive fines equivalent to fifty (50) smlmv day.
The reconciliations of accounts for access and use by provisional tax easement must be made within sixty (60) days following the date of termination of serfdom imposed days. In such reconciliations charges for access and use of networks and infrastructure operators agreed or otherwise taken into account, the Commission will determine the Communications Regulation. Effective Notes

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PARAGRAPH 2.
. In order to meet the needs related to the grounds of emergency declaration to respect the Decree 4580 of 2010 and in particular to ensure continuity in the provision of services and telecommunications networks, the provision of networks and services telecommunications is declared as a public utility. The land shall bear all legal easements necessary to ensure the provision and continuity in the provision of public telecommunications services.
It is understood that the occupation of land easement include the right to build the necessary infrastructure and install all construction work and services for the construction and installation of telecommunications networks and the exercise of other easements as required.
For the imposition of easements proceedings under the 1274 Act, 2009. In any case it will continue, the occupations may not be permanent. The judicial authorities shall take into account the information requirements that the law refers to are those that apply to the ICT sector in accordance with current regulations. Effective Notes

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PARAGRAPH 3.
. Entities national and territorial shall ensure the deployment of infrastructure for which they must give priority to the issue of permits telecommunications facilities. To do this, simply authorized by the respective Ministry of Municipal or District Planning or the authority of the national order of their respective competence, without the need to provide technical studies, construction license, safety studies, among others, that are related to the care of the situation of economic, social and ecological emergency of dealing Decree 4580 of 2010. Effective Notes

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Article 9. THE FIELD OF INFORMATION TECHNOLOGY AND COMMUNICATIONS. The sector of Information Technology and Communications is comprised of manufacturing, trade and service industries whose products collect, process, create, transmit or display data and information electronically.
For manufacturing industries, products should be designed to fulfill the function of information processing and communication including transmission and display, and must use electronic processing to 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 function of information processing and communication by electronic means, without adversely affecting the environment.
TITLE II.
PROVISION OF NETWORKS AND SERVICES AND ACCESS TO DISADVANTAGED.

ARTICLE 10. GENERAL EMPOWERMENT. From the effective date of this law, the provision of networks and telecommunications services, which is a public service under the ownership of the state, is enabled in general, and will cause periodic consideration in favor of the Fund Technologies information and Communications. This authorization includes, in turn, the authorization for the installation, expansion, modification, operation and exploitation of telecommunications networks, provided or not to the public. Enabling referred to in this Article does not include the right to use the radio spectrum. Editor's Notes



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ARTICLE 11. ACCESS TO USE SPECTRUM. The radio spectrum use requires prior, express permission granted by the Ministry of Information Technology and Communications.
Permission to use spectrum respect the neutrality always technology and when coordinated with the policies of the Ministry of Communications, do not generate interference on other services, are compatible with international market trends, do not affect national security, and contribute to sustainable development. The Ministry of Information Technology and Communications will advance objective selection mechanisms, following a public call for granting permission for the use of radio spectrum and require appropriate guarantees. In those cases, where the load factor of the band and the adequacy of resources allow, and when prime service continuity or expansion of coverage, the Ministry may grant permission to use spectrum directly . Effective Jurisprudence


In the allocation of the necessary for national defense and security frequencies, the Ministry of Information Technology and Communications will take into account the needs of state security agencies. The process, result and information on the allocation of such frequencies is confidential. The Government may establish frequency bands free use in accordance with the recommendations of the ITU, and exempt bands payment of consideration among other State for Social Programs. PARAGRAPH 1.
. For purposes of the application of this Article, it should be understood that technological neutrality implies freedom with network providers and services using technologies for the provision of all services without other restriction on the possible harmful interference and efficient use of scarce resources. PARAGRAPH 2.
. Permits for the use of radio spectrum may be transferred, prior authorization from the Ministry of Information Technologies and Communications under the terms of this determined without deterioration of the requirements, guarantees quality and use, access and common benefit of the spectrum.

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ARTICLE 12. TERM AND RENEWAL OF PERMITS FOR USE OF THE SPECTRUM. Permission for the use of radio spectrum defined will have an initial term of up to ten (10) years, which may be renewed upon application for periods of up to ten (10) years. To determine the renewal period, the competent authority shall take into account, among other criteria, public interest, national reordering of radio spectrum, or compliance with the powers and international frequency arrangements, the determination must be made by administrative act motivated . Effective Notes

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ARTICLE 13. ECONOMIC USE OF CONSIDERATION FOR SPECTRUM. The use of radio spectrum for providers of telecommunications networks and services will result in a payment to the Fund of Information Technologies and Communications. The amount of this compensation shall be fixed by order of the Minister of Information Technologies and Communications, based inter alia on the following aspects: allocated bandwidth, number of potential users, service availability, expansion plans and coverage, demand for spectrum and its availability and other technical parameter that serves as an indicator of the price that must receive the state for the use of radio spectrum.
The financial consideration referred to in this Article shall be paid by the respective service provider networks or telecommunications connection with the granting or renewal of permission for the use of radio spectrum. Editor's Notes



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DISABILITIES TO ACCESS PERMITS FOR USE OF THE SPECTRUM. They can not obtain permits for the use of radio spectrum:
1. Those who have been declared them the expiry of the concession contract to provide any telecommunications service.
2. Those who by any cause has been canceled them the license to provide telecommunications services or activities, as well as permission to use the radio spectrum.
3. Those natural persons who have been legal representatives, members of boards or boards of directors and partners of legal persons who have been declared them the expiry of the concession contract to provide any telecommunications service and / or canceled the license to provide services or activities telecommunications, as well as permission to use the radio spectrum.
4. Those who have been sentenced to deprivation of liberty except in the case of political or intentional crimes.
5. Those natural or legal persons, their legal representatives, board members or executives and partners Councils, which are not updated with the Ministry of Information Technology and Communications or the Fund of Information Technologies and Communications, on account of its obligations.
PARÁGRAFO. The disqualifications referred to in paragraphs 1, 2 and 3 of this Article, be extended for a period of five (5) years from the administrative act that declared the expiration of the contract, cancellation of license , or permit. In any case with previously justified reasons and charges and no violation of due process and the right of defense. Editor's Notes


ARTICLE 15. REGISTRATION OF SUPPLIERS OF NETWORKS AND TELECOMMUNICATIONS SERVICES. ICT record creation. The Ministry of Information Technology and Communications will keep track of relevant information network, ratings, authorizations and permissions as determined by the regulations. Must register and be included in the registry network providers and services, holders of permits for the use of scarce resources, indicating their partners; they must fulfill this obligation including and updating information regularly.
In the case of corporations only legal representative and members of the board shall be indicated. This register shall be public and online, without prejudice to the reservations constitutional and legal order.
With the registration at issue here, it means enabling formally stocked in Article 10 of this law refers to.
The non-registration carries penalties that may apply.
PARAGRAPH 1.
. All suppliers and holders must register in the register within ninety (90) business days from the effective date of the regulations to be issued, subject to compliance with their obligations as providers and holders, including payment of consideration.
In any case new suppliers and owners must sign up prior to the commencement of operations. PARAGRAPH 2.
. The Ministry of Information Technology and Communications, will create a comprehensive information system with data, variables and relevant indicators on the sector of Information Technology and Communications, which facilitates setting goals, strategies, programs and projects for development. Editor's Notes


TITLE III.
INSTITUTIONAL ORGANIZATION.


CHAPTER I. DEFINITION OF POLICY, REGULATION, MONITORING AND CONTROL OF INFORMATION TECHNOLOGY AND COMMUNICATIONS.

ARTICLE 16. MINISTRY OF INFORMATION TECHNOLOGY AND COMMUNICATIONS. The Ministry of Communications is hereinafter referred to Ministry of Information Technologies and Communications.

ARTICLE 17. OBJECTIVES OF THE MINISTRY. The objectives of the Ministry of Information Technology and Communications:
1. Design, formulate, adopt and promote policies, plans, programs and projects Technology sector Information and Communication, in line with the Constitution and law, in order to contribute to economic, social and political development of the nation and improve the welfare of Colombians.
2. Promote the use and appropriation of Information Technology and Communication between citizens, businesses, government and other national bodies such as the social, economic and political development of the Nation support.
3. Promote the development and strengthening of the Information Technology and Communications industry, promote research and innovation seeking their competitiveness and technological progress under national and international environment.
4. Define the policy and practice management, planning and administration of the radio spectrum and postal and related services, except for the provisions of Article 76 of the Constitution.

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ARTICLE 18. FUNCTIONS OF THE MINISTRY OF COMMUNICATIONS. The Ministry of Information Technology and Communications will, in addition to the functions that determine the Constitution and Law 489 of 1998, as follows:
1. Design, adopt and promote policies, plans, programs and projects in the sector of Information Technology and Communications.
2. Define, adopt and promote policies, plans and programs to increase and facilitate access of all inhabitants of the country, to information technology and communications and their benefits, which should:
a) Design formulate and propose policies, plans and programs to ensure access to and implementation of Information Technology and Communications, in order to encourage its use as a support for growth and increased competitiveness in different sectors;
B) Develop policies, plans and programs to ensure through the use of Information Technology and Communication: improving the quality of life of the community, access to markets for the productive sector, and equitable access to opportunities for education, work, health, justice, culture and recreation, among others;
C) Support the State in access to and use of Information Technologies and Communications to facilitate and optimize the management of government agencies and government procurement transparent and efficient, and 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 recommendations as indicated to achieve this is in a flexible and timely;
E) To plan, develop, organize, direct, control and monitoring programs and projects of the Ministry;
F) Design and develop massive strategies to explain to citizens the profits and potential of ICT.
3. Promote the establishment of a culture of Information Technology and Communications in the country, through programs and projects that favor the appropriation and popularization of technologies as tools that facilitate the well-being and personal and social development.

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4. Coordinate with stakeholders, the advance of the vertical and transverse axes of ICT, and the corresponding national plan, providing support and advice to territorial level.
5. Manage international cooperation in support of the development of the ICT sector in Colombia.
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8. Manage regime offs and other administrative actions involving the payment of fees, by developing the liquidation operations, billing and collection, in accordance with current legislation.
9. Exercise international representation of Colombia in the field of information technology and communications, particularly in international organizations in the sector, in coordination with the Ministry of Foreign Affairs and under the leadership of President of the Republic.
10. Run treaties and agreements on information technology and communications ratified by the country, especially on issues related to radio spectrum and postal services.
11. Govern in correspondence with the law the monitoring and control functions in the field of Information Technology and Communications.
12. Ensure full exercise of the rights of information and communication, as well as the fulfillment of social responsibility of the media, which should contribute to the social, economic, cultural and political development of the country and different social groups They make up the Colombian nation, without prejudice to the powers of which Article 76 of the Constitution.
13. Assess the penetration, use and performance of information technology and communications in national socio-economic environment and its impact on the plans and programs to implement or support.
14. Tend the use of ICT to enhance the country's competitiveness.
15. Promote, in coordination with relevant entities, regulation of virtual work paid, as an alternative employment opportunity for companies and income generation of citizens from all social strata.
16. Seek to provide a modern infrastructure and communications connectivity, support for production centers of thought and accompanying experts in the use of ICT, able to direct and guide their implementation strategically
17. Raise and maintain updated records of all ICT initiatives at the national level, which may be consulted virtually.
18. Formulate and implement policies outreach and ongoing promotion of the services and programs of Information Technology and Communications industry, promoting the use and benefit of social communications and access to knowledge for all inhabitants of the country.
19. Prepare and issue administrative acts, for the purposes listed below:
a) Exercise state intervention in the sector of information technology and communications, within the limits and for the purposes intended by the law, except as provided by Article 76 of the Constitution;
B) Establish general operating conditions and commercial exploitation of networks and services that support the information technology and communications that are not assigned by law to other entities.
C) To issue in accordance with the law, regulations, conditions and requirements for licensing, permits and registrations for the use or exploitation of the rights of the State on radio spectrum and technology services sector information and communications.

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D) Issue and manage tradeoffs that correspond by law.
20. Setting policy management, maintenance and development of Internet domain name under the country code corresponding to Colombia -.co-.
21. Regulate participation, social control, functions and financing of the activities of the members of social control network providers and communications services covered by this law.
22. The other functions are assigned by law.

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ARTICLE 19. CREATION, NATURE AND PURPOSE OF THE COMMUNICATIONS COMMISSION REGULATION. Regulatory Commission of Telecommunications (CRT), referred to Law 142 of 1994, Commission for Communications Regulation (CRC), Special Administrative Unit with administrative independence, technical and heritage, Unincorporated under the Ministry of Technology will be called Information and Communications.
The Communications Regulation Commission is the body responsible for promoting competition, prevent abuse of dominant position and regulate markets for networks and communications services; so that the provision of services is economically efficient, and reflect high levels of quality.
For this purpose the Communications Regulation Commission adopted a regulation that encourages the construction of a competitive market to develop the guiding principles of this law.

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ARTICLE 20. COMPOSITION OF COMMUNICATIONS COMMISSION REGULATION. To fulfill its functions, the Commission for Communications Regulation will have the following composition:
The Minister of Information Technology and Communications, or General Deputy Minister as his deputy, the Director of the National Planning Department or the Assistant as his deputy, and three (3) full-time 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 which may be lawyers, engineers or telecommunications electronic or economists. In any case, at least one commissioner should be an engineer.
The commissioners must be over 30 years of Colombian citizens with undergraduate degree and master's or doctoral related, and with minimal related experience of eight (8) years in professional practice.
One of the commissioners, on a rotating basis, shall perform the duties of Executive Director in accordance with rules adopted by the Commission itself. PARAGRAPH 1.
. The Presidency of the CRC session shall be exercised by the person who appointed members of the Commission, and the same may meet and decide with a simple majority of its members. PARAGRAPH 2.
. The CRC additionally have an Executive Coordination. The Executive Board and the Executive Coordination, shall perform their functions with the support of internal working groups, as defined in its rules of procedure. Effective Notes

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ARTICLE 21.
DISABILITIES TO BE COMMISSIONER. They may not be experts commissioned:
1. Members of boards or boards of directors, legal representatives, officers or employees in management positions and trusted providers of communications networks and services, and those who have been so within the year preceding the date of appointment.
2. Natural persons who are participating in network providers and communications services or companies which have economic links with them.
3. Spouse, boyfriend or girlfriend permanent, or who are in the third degree of consanguinity, affinity or first civil of any of the persons covered by the grounds set forth in the preceding paragraphs.
4. The commissioners and officials or employees in managerial positions and confidence of the Commission for Communications Regulation may not, within the year following the abdication of office, be shareholders or partners in a greater than fifteen percent (15) percent of suppliers networking and communications services, or members of boards or boards of directors or legal representatives, or officials or employees in managerial positions and confidence of network providers and communications services.

ARTICLE 22. FUNCTIONS OF COMMUNICATIONS COMMISSION REGULATION. The functions of the Commission for Communications Regulation the following:
1. Establish the regulatory regime that maximizes social welfare of consumers.
2. Promote and regulate free competition for the provision of networks and telecommunications services, and prevent unfair behavior and restrictive business practices through regulations of general or specific measures, may propose rules of differential behavior according to the position of suppliers, previously has determined the existence of a market failure.

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3. Issue all regulations of general and particular character on matters relating to the competition regime, the technical and economic aspects related to the obligation of interconnection and access and use of essential facilities, physical resources and software necessary for interconnection; as well as fees for access and use of networks and infrastructure, wholesale prices, conditions billing and collection; the regime of access and use of networks; parameters of quality of services; the criteria for efficiency measurement sector and sectoral indicators to advance the information society; and for the settlement of disputes between suppliers of communications networks and services.
4. Regulate access and use of all networks and access to markets for telecommunications services, except networks intended primarily for television broadcast services and radio broadcasting, to regulation by markets. Effective Jurisprudence



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5. Define the conditions under which they may be used networks infrastructure and other services in providing telecommunications services, under a scheme of efficient costs.

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6. Define essential facilities.
7. Propose to the National Government approval of plans and technical standards applicable to the Technology sector Information and Communications, in the best interests of the country, according to the standards and recommendations of international bodies and administer such plans.
8. Determine standards and certificates of international and national approval of equipment, terminals, equipment and other necessary technical elements for the establishment of networks and the provision of acceptable telecommunications in the country and noted entities or national laboratories authorized to approve goods this nature.
9. Resolve disputes within the framework of its powers, arising between network providers and telecommunications services. No agreement between suppliers may impair, restrict or affect the ability of regulatory intervention and dispute resolution of the Commission for Communications Regulation, and the principle of free competition. Effective Jurisprudence



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10. Impose its own initiative or upon request, rights of access, use and interconnection and conditions of access and use of essential facilities, physical resources and software necessary for interconnection, and identify the party responsible for canceling the costs and set its own initiative or upon request conditions of access, use and interconnection. Also, determine the interoperability of platforms and interoperability of services and / or applications.
11. Report conditions wholesale supply and provision of unbundled network elements, taking into account the policy guidelines of the Ministry of Information Technology and Communications, guaranteeing compensation cost efficient infrastructure and appropriate investment incentives as well as the development of an efficient tradability of telecommunications networks and services.
12. Regulate and manage the resources of identification used in the provision of telecommunications networks and services and any other resources that are currently or in the future identify networks and users.
13. Manage the use of numbering resources, identification of telecommunications networks and other scarce resources used in telecommunications, different radio spectrum.
14. Define by general information that suppliers must provide at no cost to its users or the public and, where there is disagreement between the applicant and the respective supplier, noting in particular the values ​​to be paid by way of special information, all without subject to the information classified as reserved by law as privileged or strategic.
15. Establish its internal rules, and the rules and procedures for the operation of the Commission.
16. Manage and dispose of its assets in accordance with applicable laws and regulations and manage the equipment and resources assigned to it, those who get in the performance of their duties, and any other applicable right.
17. Opinion on the legality issue of supplier contracts with users.
18. Resolve appeals against acts of any authority relating to the construction, installation or operation of telecommunications networks. Effective Jurisprudence



19. Require to carry out their duties wide, accurate, reliable and timely suppliers of communications networks and services to which this law refers information. Those who do not provide the above to the CRC information may be subject to imposition of daily fines by the CRC for up to 250 minimum monthly wages for each day that engage in this behavior, depending on the seriousness of the offense and recidivism in the commission.
20. Other duties assigned by law.
21. Define the conditions under which communications operators, marketers and distributors should ensure bands of mobile terminals are unlocked so that the user can enable them at any network and define the conditions and characteristics of databases, both positive and negative, containing identification information of mobile terminal devices, and to establish the obligations of suppliers of networks and communication services, retailers, distributors or dealer of mobile terminal equipment, and on the report of the identification information such equipment to the CRC and the provision of this information to users. The databases referred to in this paragraph shall be implemented and administrative centrally through a third party, by network providers and communications services and the information contained in these databases will be public, without prejudice to the information containing personal data, which will be protected in accordance with the provisions of the law. Effective Notes



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22. Hear and decide to prevention regarding administrative actions imposition of easements on land, at the request of provider networks and telecommunications services, and the terms of Articles 56, 57 and Chapter III of Title VII of Law 142 1994. This to ensure the provision of telecommunications services without prejudice to the provider networks and services to promote the process of imposing servitude to the Law 56 of 1981.
it refers to advance processes bondage administrative act by the Commission for Communications Regulation will continue the provisions on this subject in Chapter II of Title II of Law 56 of 1981. Effective Notes



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ARTICLE 23. REGULATION OF PRICES OF TELECOMMUNICATION SERVICES. Providers of telecommunications networks and services may freely set prices for users. The Commission for Communications Regulation can only regulate these prices when there is not enough competition, present a market failure or when the quality of services offered does not meet the required standards, the above by complying with the procedures established by the this law.
PARÁGRAFO. The CRC will focus on the regulation of wholesale markets.

ARTICLE 24. CONTRIBUTION TO THE CRC. In order to recover the costs of service activities regulation to provide the Commission for Communications Regulation, all suppliers subject to regulation by the Commission, are subject to payment of an annual contribution to one per thousand (0, 1%) of its gross income from the provision of their telecommunications networks and services, excluding terminals. Effective Notes



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CHAPTER II.
AGENCY NATIONAL SPECTRUM.

ARTICLE 25. CREATION, NATURE AND PURPOSE OF THE NATIONAL AGENCY SPECTRUM. Create the National Spectrum Agency -ANE- as a Special Administrative Unit of the National Order under the Ministry of Information Technology and Communications, without legal, technical, administrative and financial autonomy.
The object of the National Spectrum Agency is providing technical support for management and planning, monitoring and control of the radio spectrum, in coordination with the various authorities that have functions or activities related thereto. Effective Notes



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ARTICLE 26. FUNCTIONS OF THE NATIONAL AGENCY SPECTRUM. The National Spectrum Agency shall, inter alia, the following functions:
1. Advise the Ministry of Information Technology and Communications in the design and formulation of policies, plans and spectrum-related programs.

2. Design and formulate policies, plans and programs related to spectrum monitoring and control, in accordance with national and sectoral policies and proposals by the competent international bodies, where the case programs.
3. Study and propose, in line with industry trends and technological developments, optimal schemes surveillance and control of the radio spectrum, including satellite, except as provided in Article 76 of the Constitution and in accordance with current regulations.
4. Exercise supervision and control of the radio spectrum, except for the provisions of Article 76 of the Constitution.
5. Make the technical management of radio spectrum.
6. Investigate and identify new national and international trends in management, monitoring and control of the spectrum.
7. Study and propose the valuation parameters for the right to use radio spectrum and structure considerations.
8. Report to international bodies detected by interference signals originating in other countries, in coordination with the Ministry of Information Technology and Communications.
9. Support the Ministry of Information Technology and Communications in establishing strategies for participation in various specialized conferences and study groups of the International Telecommunication Union and other international organizations.
10. Further investigations that may take place, for possible breaches of the spectrum defined by the Ministry of Information Technology and Communications regime and to impose sanctions, except as provided in Article 76 of the Constitution.
11. Order the cessation of unauthorized network operations, the provisional and final confiscation of equipment and other goods used for the purpose, and have their destiny in accordance with the law, without prejudice to the competences that the military authorities and police for the seizure of equipment.
12. Update, maintain and ensure the safety and reliability of the information generated administrative acts within its competence.
13. Others which by their nature may be assigned or you by law.

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. The allocation and assignment of radio spectrum will remain power of the Ministry of Information Technology and Communications. PARAGRAPH 2.
. To exercise the functions of monitoring and control, the National Spectrum Agency may have fixed and mobile stations for measuring Monitoras technical parameters; verification of the occupation of the radio spectrum; and technical visits in order to establish the improper or illegal use of the spectrum in coordination and support of the Ministry of Information Technology and Communications.

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ARTICLE 27. Steering AGENCY NATIONAL SPECTRUM. The National Spectrum Agency will have a Board of Directors, as the highest instance to guide their actions and to monitor compliance with its purposes. This Council will be composed of the Minister of Information Technologies and Communications, who will preside, by the Deputy Minister, and the Fund Coordinator Information Technology and Communications, or his substitute. They will part with voice but no vote, the Directors of the National Spectrum Agency and the Department of Communications, Ministry of Information Technology and Communications. The Board will meet ordinarily six (6) times a year and extraordinarily when you quote your President.
The National Spectrum Agency will have a Director General who legally represent it. The Director General of the Agency shall in turn the Secretary of the Board.
The Board of Directors will act as a second instance decisions and administrative acts issued by the National Spectrum Agency. Effective Notes



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ARTICLE 28. THE DIRECTOR OF THE NATIONAL AGENCY SPECTRUM AND FUNCTIONS. The National Spectrum Agency will be represented, managed and administered by a Director General who shall be appointed by the Minister of Information Technologies and Communications, for a period of four (4) years, re-elected once. The National Government through the Ministry of Information Technology and Communications will regulate the matter.

The Director of the National Spectrum Agency should be greater Colombian citizen of 30 years, with undergraduate degree and master's or doctoral related, and with minimal related experience of eight (8) years in professional practice. Effective Jurisprudence


The first term of the Director of the ANE, will run until 31 October 2010. From this date, the 4-year period referred to by this Article shall start.
The functions of the Director General of the National Spectrum Agency, the following:
1. Take all administrative decisions with the full requirements established by law, inherent in their duties.
2. Manage effectively and efficiently the financial, administrative and personnel resources for the proper functioning of the Agency.
3. Subject to budget, and rules governing the matter, ensure budget execution and the collection and management of Agency resources.
4. Appoint and remove, as well as approving the administrative status of the plant assigned to the staff of the National Spectrum Agency, in accordance with current legal regulations officials.
5. Submit for approval to the Board, the Specific Manual of Functions and Requirements jobs the staffing of the Agency and ensure compliance.
6. Create internal working groups needed to meet the specific needs and functions of the National Spectrum Agency, in accordance with the guidelines stipulated by the National Government for the Civil Service.
7. Subscribe law reports requested by competent authorities, on the functions of the Agency.
8. Guarantee the exercise of internal control and monitor their effectiveness and compliance with its recommendations, subject to the provisions of Law 87 of 1993, and those rules that modify or repeal.
9. Guarantee the exercise of the Discipline Inspection subject to the provisions of Law 734 of 2002, and those rules that modify or repeal.
10. Establish policies and procedures for the care of requests, inquiries, complaints, complaints, suggestions and receiving information that citizens make in connection with the mission and performance of the Agency.
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12. Report to international bodies, after coordination with the Ministry of Information Technology and Communications, interference detected by signals originating in other countries.
13. Advise and assist the Ministry of Information Technology and Communications in international negotiations, as required.
14. Update, maintain and ensure the safety and reliability of the information generated administrative acts within its competence.
15. All others are assigned inherent in the nature of dependence.

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ARTICLE 29. DESIGNATION OF THE ACTS. Effective Notes

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ARTICLE 30. OFFICIALS OF THE MINISTRY OF INFORMATION TECHNOLOGY AND COMMUNICATIONS AGENCY MOVED TO NATIONAL SPECTRUM. The rules current public servants of the Ministry of Information Technology and Communications that are linked and / or transferred to the National Spectrum Agency apply to them, shall be as follows:
1. The length of service of public employees who have a working relationship with the Ministry of Information Technology and Communications at the date of enactment of this Act, shall be computed for all legal purposes to be linked and / or transferred the National Spectrum Agency and, therefore, this relationship is without solution of continuity with the time worked prior to the issuance of this law.
2. The shift linkage and / or transfer to the National Spectrum Agency of Ministry of Information Technology and Communications will not affect the existing wage and benefits conditions. Similarly, the same officials who now have the Supplementary Health Plan, continue to enjoy this benefit.
The rights of workers in the Ministry of Information Technology and Communications will be fully respected in cases of merger, transformation, restructuring or relocation.

ARTICLE 31. RESOURCES AGENCY NATIONAL SPECTRUM. The resources of the National Spectrum Agency shall consist of:
1. The resources allocated by the national budget.

2. The movable and immovable property that the Agency purchase any title and that will be transferred or assigned by the Ministry of Information Technologies and Communications.
3. The product of external or internal borrowing the national government contract for the development, administration and management of the National Spectrum Agency.
4. The funds received by national and international technical cooperation of the Ministry of Information Technology and Communications for use by the Agency and received from the national government.
5. The resources that the Fund Information Technology and Communications intended for development related to the fulfillment of the functions assigned to the National Spectrum Agency or projects that develop activities. Effective Notes


ARTICLE 32. RESOURCES MANAGEMENT AGENCY NATIONAL SPECTRUM. To manage the resources of the National Spectrum Agency, they may be held trust deeds, in compliance with the legal requirements governing this contract. In this case, the trust will manage resources from the national budget and others entering the Agency. The Director General of the Agency shall coordinate the development and implementation of the trust agreement, through which will take the actions applicable to it.

ITEM 33. ADOPTION OF THE STRUCTURE AND PLANT PERSONNEL AGENCY NATIONAL SPECTRUM. The National Government through the Ministry of Information Technologies and Communications shall adopt the structure and the staffing of the National Spectrum Agency, within six months from the enactment of this law.
PARÁGRAFO. Until the structure and the staffing of the National Spectrum Agency, the Ministry of Information Technology and Communications will fulfill the duties assigned to that body in this law is adopted.
TITLE IV.
PROMOTION TO ACCESS AND USE OF INFORMATION AND TECNOLOGIASDE COMMUNICATIONS.

ARTICLE 34. NATURE AND PURPOSE OF FUND INFORMATION TECHNOLOGY AND COMMUNICATIONS. The Communications Fund that is Decree 129 of 1976, hereinafter Fund Information Technology and Communications shall be known as a Special Administrative Unit of national, having legal personality and its own, under the Ministry of Technology Information and Communications.
The purpose of the Fund is to finance plans, programs and projects for priority universal access and universal service when appropriate to do so, all the inhabitants of the country to the Information Technology and Communications, and and support the activities of the Ministry and the National Spectrum Agency, and improving administrative capacity, technical and operational for the performance of their duties.

ARTICLE 35. FUNCTIONS OF FUND INFORMATION TECHNOLOGY AND COMMUNICATIONS. Fund Information Technology and Communications will have the following features:
1. Finance plans, programs and projects to primarily promote universal access and universal service when appropriate to do so, the Information Technology and Communications in the segments of low-income population.
2. Finance plans, programs and projects to promote research, development and innovation of Information Technology and Communications prioritizing content development.
3. Finance plans, programs and projects to promote citizen access to services, content and applications using Information Technologies and Communications and the massification of Government Online.
4. Finance and establish plans, programs and projects to expand the use and appropriation of Information Technology and Communications.
5. financially support the activities of the Ministry of Information Technologies and Communications and the National Spectrum Agency, in improving its administrative, technical and operational capacity to carry out its functions.
6. Finance plans, programs and projects to promote access of citizens with physical Technologies Information and Communication limitations.
7. Render technical and statistical reports on the matters within its competence.
8. Conduct audits and impact studies of Information Technology and Communications in the communities, to verify the efficient use of resources allocated.

Fund Information Technology and Communications allocate resources to their plans, programs and projects competitively and ensuring efficient cost criteria, so that compliance with the targets set in the development plans are implemented . Effective Notes



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ARTICLE 36. CONSIDERATION FOR REGULAR FUND INFORMATION TECHNOLOGY AND COMMUNICATIONS. All network providers and telecommunication services pay the periodic consideration stipulated in Article 10 of this Law Fund Information Technology and Communications on equal terms for the fulfillment of its purposes.
The value of the consideration to be provided by suppliers, shall be as the same percentage of their gross income from the provision of their networks and services, excluding terminals.
PARÁGRAFO. The Ministry of Information Technology and Communications will regulate as appropriate, after conducting a study, within a maximum period of six (6) months from the enactment of this Act. Effective Jurisprudence

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ARTICLE 37. OTHER RESOURCES FUND INFORMATION TECHNOLOGY AND COMMUNICATIONS. In addition to what is stated in the previous article, they are Fund resources Information Technology and Communications:
1. The economic consideration for the use of radio spectrum, and their respective renewals, modifications and other actions by the Ministry of Information Technology and Communications.
2. Fines and other financial penalties imposed by the Ministry of Information Technologies and Communications and the National Spectrum Agency to providers of communications networks and services.
3. The amount of interest on obligations in their favor.
4. Financial returns obtained as a result of investments with its own resources, in accordance with the laws and regulations on the subject.
5. Other income received in any capacity, as well as the product or result of their goods.
6. Those intended in the national budget, which must be increased to ensure universal access to ICT.
7. The sums received by the State as a result of direct or indirect exploitation of ccTLD.co
8. The other duties assigned by law.
ARTICLE 38.
massification of ICT USE AND CLOSING THE DIGITAL DIVIDE. The Ministry of Information Technology and Communications, review, study and implement strategies for the massification of connectivity, seeking systems to reach the most remote regions of the country and encourage all citizens to make use of ICT.
PARÁGRAFO. Territorial authorities will implement the mechanisms at their disposal to manage resources at national and international level, to support the massification of ICT in their respective jurisdictions.

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ARTICLE 39. JOINT PLAN ICT. The Ministry of Information Technology and Communications will coordinate joint ICT Plan, the Education Plan and other sectoral plans to facilitate concatenation of actions, efficient use of resources and move towards the same goals .
It supports the Ministry of National Education:
1. Foster entrepreneurship in ICT, from educational institutions, high in innovation.
2. Implement a national system of digital literacy.
3. ICT training to teachers at all levels.
4. Include the chair of ICT throughout the education system, since childhood.
5. Exercise greater control over Internet cafes for child safety.
ARTICLE 40.
TELEHEALTH. The Ministry of Information Technology and Communications, will support the development of telehealth in Colombia, with resources from ICT and bringing connectivity to strategic sites for the provision of services by this method, to the territories separated from Colombia .

TITLE V. DISPUTE SETTLEMENT RULES ON INTERCONNECTION.

ARTICLE 41. APPLICATION. The rules of this chapter shall apply to administrative proceedings dispute settlement, setting conditions for access, use and interconnection, and imposition of easement access, use and advanced interconnect office or upon request to the Commission Regulation Communications.

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ARTICLE 42. TERM OF DEALING DIRECTLY. The telecommunications service providers have a period of thirty (30) calendar days from the date of filing of the application with the requirements of the regulation on the matter issued by the CRC, to reach a direct agreement.

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