The Ministry of Information and Communications Technologies ("MinICT") issued Resolution 376 of 2022, which aims to modernize the model for the provision of satellite services and thus, promotes the development of the sector, establishing the procedure for obtaining the permit and changing the parameters for the calculation of the fee for the use of the associated spectrum (which is expected to reduce the current cost). This new regime reflects the national government's commitment to satellite services, considering their efficiency in terms of coverage, particularly in areas of difficult access, and their potential for closing the digital gap. We highlight the following points of the Resolution:
- Establishes the requirements and the procedure for the granting of the permit for the use of the radioelectric spectrum through earth stations associated with the satellite radio communications services, in the segments assigned to the fixed-satellite, mobile satellite, and satellite broadcasting radio electric services (the "Permit") and establishes the fee for such use. It applies to legal entities or individuals that require the use of the radioelectric spectrum through earth stations that communicate with both geostationary and non-geostationary satellites.
- Interested parties must be incorporated in Colombia, not be subject to any inability or incompatibility to access the Permit, have the ICT Registry, have the documentation that proves the agreement with the satellite operator to access the frequencies of the satellite segment, be registered in the Andean Satellite List in the case of satellites in non-geostationary orbits, and provide the information defined by the MinICT (including that corresponding to the ground station), provide the corresponding guarantees, among others.
- The fee for the Permit, which was previously defined based on the bandwidth, is now defined based on the frequency band of operation of the earth station and the maximum equivalent isotropically radiated power of the earth station. The new fee will be effective from March 1st, 2022.
- Once the application for the Permit has been filed, the MinICT has a maximum term of three months to grant it, once the requirements have been fully complied with by the applicant. The term of the permit is a maximum of 20 years, renewable at the request of a party for up to the same period.
- Permit holders must, among other things, ensure continuity of the service under quality conditions under regulatory standards; avoid generating interference with other networks, services, or authorized stations in Colombia and bordering countries; inform the MinICT and the National Spectrum Agency of any interference of which they are aware; and periodically update the information on earth stations when there are changes in the registered information.
- Those who at the effective date of the Resolution have the satellite capacity registration will have until December 31st, 2022, to obtain the Permit. Failure to obtain the permit within such term will result in the termination of the Satellite Capacity Registry without recognition of damages or indemnities.
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