Relevant aspects of the new satellite regime in Colombia 

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

Resolution 0376 of 2022 of the MinTIC 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 the MinTIC is to generate incentives for investment and ussing 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 radio communications services in Colombia through ground stations. People must be previously incorporated in the ICT Registry as Telecommunications Network and Services Provider (hereinafter PRST).

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

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

• It proposes a satellite radio spectrum management model for the ground segment, abolishing Resolution 106 of 2013, which its model was based on satellite services associated with the space segment.
• It creates an Authorization associated with satellite radio communications services through ground stations granted by the MinTIC, 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 registry is eliminated.
• The satellites must be registered in the Andean Satellite List of the Andean Community of Nations. It does not change the community regime.
• To obtain the authorization, the provider must fill out the spectrum request forms defined by the MinTIC, attaching the pertinent technical information, and choosing the type of authorization required, which is defined according to the topology of the ground station network.
• The authorization application will be resolved within a period not exceeding 3 months, counted from its filing in due form.
• A catalog of obligations and responsibilities is established for the holders of authorization for the use of the radioelectric spectrum associated with satellite radiocommunications services.
• Obtaining the authorization is free of charge.

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

The formula and valuation parameters for calculating the consideration for the use of the radio spectrum are adjusted, moving from a compensation model which 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 authorized Gateway or teleport ground stations, the operating frequency bands 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 anticipatedly during the duration of the authorization. In the case of the first payment for the granting or renewal of the authorization for the use of the radioelectric spectrum, the holder will have a term of 30 calendar days for self-assessment and payment of the consideration corresponding to the anticipated annuity or fraction of the year.

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

Resolution 0376 of 2022 entered into force on February 3, 2022, abolishing resolution 106 of 2013, although the provisions referring to the consideration for the use of the spectrum will come into force on March 1, 2022, in accordance with the regime of transition that stipulates the norm.

Those who are registered as satellite capacity providers have until December 31, 2022, to obtain the authorization for the use of the radio spectrum associated with satellite radio communications services, if they required it. The registration as satellite capacity provider will end when the authorization is granted or with the expiration of this term.

Regarding the considerations 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 was in force before the resolution 0376 of 2022. Payment for the 2023 year will be made anticipately based on the formulas established in article 14 of this resolution before June 30 of that year.

Author: Camilo Millán I [email protected] I TMT