5G regulation and law in Colombia

1. What is the state of 5G deployment in your country?

The 5G Deployment Plan is under way. In December 2022, the Ministry of Information Technologies and Communications (“MINTIC”) issued Resolution 4543 (available only in Spanish here) inviting all parties to state which specific band or bands in they would be interested in. These include the “medium” 3.5 GHz (3.3 to 3.7 GHz) and “high” 26 GHz (24.25 to 27.5 GHz) spectrum bands, which have been set aside for 5G.

The 2022 5G Deployment Plan included a study by the National Spectrum Agency (“ANE”) (available only in Spanish here) deciding that the 3.5 GHz and 26 GHz spectrum bands. 

There is at least 400 MHz of the 3.5 GHz spectrum band available, in blocks of up to of 100 MHz per provider according to Resolution 984 of 2022 (available only in Spanish here). In the 26 GHz spectrum band, there is 2.8 GHz available, although limits per provider have not yet been established.

According to the Objective Selection Process Plan for the Deployment of 5G Networks in Colombia (available only in Spanish here), the next steps will be: (i) structuring of the objective selection process by the first quarter of 2023; (ii) publication and opening-for-comments of the draft resolution containing the objective selection process by the second quarter of 2023; (iii) publication of the definite resolution containing the objective selection process; (iv) undergoing the objective selection process by the third quarter of 2023.

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

This is yet to be determined as 5G networks have yet to be deployed.

3. Has 5G been launched for industrial purposes? For which sectors?

No. 5G networks have not yet been deployed.

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

For now, any interested party (large or small) in using the 3.5 GHz and 26 GHz frequency bands for 5G must submit a letter to the MINTIC expressing which specific band or bands interest them. 

Different blocks ranging from 40 MHz to 100 MHz will be made available, in order to meet the needs of both small and large operators.

5. What public tenders have awarded spectrum licences? 

No licences have been awarded yet. 

According to the Objective Selection Process Plan for the Deployment of 5G Networks in Colombia (available only in Spanish here), a draft version will be made available for public review by the second quarter of 2023. After this, the 5G licences will be awarded for the 3.5 GHz and 26 GHz spectrum bands.

5.1 What were the criteria for awarding each of the tenders?

The criteria for the 3.5 GHz and 26 GHz spectrum bands licences have yet to be determined, so we include previous criteria for awarding domestic spectrum licences.

Previous tenders have included the following general criteria:

  • Demonstrate four years of experience as a telecom network and service provider; 
  • Register with the ICT Fund;
  • Guarantee a domestic presence for at least the same period of time as the duration of the licence (20 years) plus two years.

5.2 What are the conditions of the spectrum licence? 

3.5. MHz and 26 GHz bands will be awarded under the following conditions:

  • Up to 400 MHz of the 3.5 MHz band in blocks that range from 40 MHz to 100 MHz per provider
  • Up to 2.8 GHz of the 26 GHz band. Maximum blocks per provider have not yet been established.

Previous conditions of the spectrum licence have included:

  • The spectrum licence will last 20 years, starting from the moment MINTIC issues the licence.
  • Spectrum exploitation will be carried out by the assignees themselves and at their own risk. 
  • Assignees must pay a certain amount to use the spectrum. 
  • To follow Law No. 1978 of 2019 (available only in Spanish here), Law No. 1341 of 2009 (available only in Spanish here) of the Communications Regulation Commission (“CRC”), providers must: (a) contribute to the ICT Fund; (b) not cause any interferences; (c) enable third parties to connect to essential roaming services; among others. 
  • Assignees must also: (a) update mobile networks to achieve high-speed data connectivity as required by article 23 of MINTIC’s Resolution No. 3078 of 2019 (available only in Spanish here). 
  • New telecom entrants for the lower frequencies will only have to pay 10% of the total fee (in the local currency, COP) for spectrum for any new point-to-point connections they deploy. In this case, there was no minimum bid starting price, but there was a reserve value for this spectrum. It does not necessarily represent a starting point, as the bids had to be higher than a confidential threshold set in the reserve index.

5.3 What is the price and how is it calculated?

For previous licences, each operator paid EUR 350m for a 50 MHz frequency block. Later, an auction awarded eleven 10 MHz frequency blocks with a starting price of EUR 70m each. After 17 rounds (29 September - 1 October 2020), the four operators won additional blocks, on top of their respective 50 MHz blocks.

6. Is there a long-term spectrum plan or announcements for future tenders? 

For now, the 5G Deployment Plan has only provided for the tender of 3.5. GHz and 26 GHz spectrum bands in 2023. However, the government expects that 5G networks will compromise half of the market by 2030, meaning we would expect further deployments and tender plans should.

7. If 5G specific rules are drafted, what do they say?

No specific rules regarding 5G have been drafted or published. These can be expected later this year once the objective selection process is under way. 

8. What focused 5G network or spectrum sharing regulation exists?

None yet. 5G has not yet been deployed.

9. Are 5G network sharing or spectrum sharing agreements in place? 

No focused 5G network or spectrum sharing regulations exist yet.

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

No focused 5G network or spectrum sharing agreements are in place.

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

There are no rules yet, nor have any been announced regarding accessing competitors’ 5G networks.

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

No comments have yet been made regarding 5G cyber-security or possible use of Chinese technology, and there is no such regulation.

Portrait ofLorenzo Villegas-Carrasquilla
Lorenzo Villegas-Carrasquilla
Partner
Bogotá
María Camila Piedrahita
Martín Téllez