The Council of State issued a concept stating that the assignment of radio spectrum bands (EREs) above 3GHz, which provides the potential for developing 5G technology, is not within the basis that spectrum can be assigned directly. allows for. , without public bidding.
Thus the Consultative and Civil Services Chamber responded to a concept requested by the Ministry of Information Technology and Communications. The portfolio cautioned that these frequencies have not been subjected to an objective selection process, but their use represents a potential benefit to users. For this reason, he asked whether it was possible to grant temporary permits for commercial exploitation of frequencies through the provision of telecommunication services to third parties.
The court responded that the direct allocation of radio spectrum in frequencies higher than 3GHz is not within the circumstances that, pursuant to 2010 ruling C-403 of the Constitutional Court, exempted the application of the principles of objective selection and allowed direct contract assignment. gives. For the provision of public telecommunications service, for reasons of continuity of service, indicated in Law 1341 of 2009.
The concept makes it clear that, contrary to what has been said by the Court in the above judgment on constitutionality, the allocation of frequencies for the provision of service to third parties is not subject to any purpose with the respective economic exploitation of spectrum. The selection process… Due to this last circumstance, it is not envisaged that this is one of those cases in which the Constitutional Court sees the risk of suspension or paralysis of the service or the impossibility of being able to render it efficiently.
“For the foregoing, without prejudice to the fact that the Ministry of ICT may make this direct allocation on fulfillment of temporary and material conditions”, as proposed by the Supreme Constitutional Court, as conceptualized.
With regard to the granting of these temporary permits, the Chamber pointed out that in these cases the allocation of limits on the use of spectrum established by the bands to telecom networks and providers of services should be applied. He cautioned that this calculation does not include the performance of technical tests and homologation of equipment.