Relevant aspects about the new satellite regime in Colombia

(Resolution 0376 of February 3, 2022 Ministry of Information and Communications Technologies – MinTIC)

MinTIC Resolution 0376 of 2022 establishes a new model for the provision of satellite services in Colombia and updates the parameters to calculate the consideration for the use of the spectrum associated with satellite communications. The purpose of this new regulation according to MinTIC is to generate incentives for investment and the use of satellite technology to improve connectivity in the country, especially in its most remote areas.

1.To whom does the new satellite regime apply?

They apply to people who need to use the radio spectrum associated with satellite radiocommunication services in Colombia through earth stations. Persons must be previously incorporated into the Single REGISTRY of ICT as a Provider of Telecommunications Networks and Services (hereinafter PRST).

If the person makes use of frequency uplinks (Earth to Space) he must apply for a permit for the use of the radio spectrum. In contrast, if the person only makes use of downlinks (Space to Earth), that is, only receives, he will not require such permission, unless the person considers that the MinTIC and the National Spectrum Agency (ANE) should know about such reception in the resource management processes.

2.What are the main features of the new satellite regime?

• It proposes a model of management of the satellite radio spectrum of the ground segment, repealing Resolution 106 of 2013 whose model was based on the satellite services associated with the space segment.
• A permit associated with satellite radiocommunication services through earth stations granted by MinTIC is created, which may be obtained if the PRST is authorized by the satellite operator, or a legal entity authorized by it, to access the frequencies of the space segment.
• The satellite capacity provider record is deleted.
• Satellites must be registered on the Andean Satellite List of the Andean Community of Nations. It does not change the Community regime.
• To obtain the permit, the supplier must complete the spectrum application forms defined by MinTIC, attaching the relevant technical information and choosing the type of permit required, which is defined according to the topology of the earth station network.
• The application for the permit will be resolved within a period not exceeding 3 months, counted from its filing in due form.
• A catalogue of obligations and responsibilities for permit holders for the use of radio spectrum associated with satellite radiocommunication services is established.
• Obtaining the permit has no cost.

3.How is the consideration for the use of the radio spectrum associated with satellite radiocommunication services regulated?

The formula and valuation parameters for the calculation of the consideration for the use of the radio spectrum are adjusted, moving from a consideration model whose value was defined based on the bandwidth used in a year, to a model that depends on the technical parameters authorized in the spectrum permits granted to the PRST, such as the number of Gateway earth stations or authorized teleports, the frequency bands of operation and the maximum power radiated by each station, among others.

The self-assessment and the payment of the consideration must be made within the first 3 months of each year in advance during the duration of the permit. In the case of the first payment for the granting or renewal of the permit for the use of the radio spectrum, the holder will have a period of 30 calendar days for the self-assessment and payment of the consideration corresponding to the anticipated annuity or the fraction of the year.

4.how is the entry into force resolution 0376 of 2022?

Resolution 0376 of 2022 entered into force on February 3, 2022, repealing resolution 106 of 2013, although the provisions regarding the consideration for the use of spectrum came into force on March 1, 2022, in accordance with the transitional regime established by the standard.

Those who are registered as satellite capacity providers have until December 31, 2022, to obtain the permit for the use of the radio spectrum associated with satellite radiocommunication services, if required. Registration as a satellite capacity provider will end with the obtaining of the permit or with the expiration of this period.

As for the consideration for those who make use of the space segment during the years 2021 and 2022, the provisions of Resolution 290 of 2010, modified by Resolution 2877 of 2011, will apply, that is, the legislation that governed before resolution 0376 of 2022. The payment of the 2023 term will be made in advance based on the formulas established in article 14 of this resolution before June 30 of that year.

By Camilo Millán , LLOREDA CAMACHO & CO, Colombia, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact colombia@transatlanticlaw.com 

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