RESTRICTED  WORLD TRADE  
ORGANIZATION  S/C/W/260 
17 August 2005 
 
 (05-3652) 
Council for Trade in Services Original:   Spanish 
  
 
CERTIFICATION 
 
Schedule of Commitments on Basic Telecommunications
 
 
Colombia  
 
  The attached Schedule of Commitments on Basic Telecommunications has been submitted to the WTO Secretariat by the Government of Colombia  with a request to initiate its certification in 
accordance with the "Procedures for the Certification of Rectifications or Improvements to Schedules 
of Specific Commitments" adopted by the Counc il for Trade in Services (document S/L/84).  
  Colombia emphasizes that the attached Sc hedule of Specific Commitments contains a 
rectification
∗ of a purely technical character that does not  alter the scope or the substance of the 
existing commitments. 
  Footnote 1 of the Spanish version of doc ument GATS/SC/20/Suppl.2, which states:  " El 
servicio de telefonía "local extendida" (telefonía departamental o regional) es el prestado por un 
mismo operador o usuarios de un área geográfica continua  conformada por municipios adyacentes, 
siempre y cuando ésta no supere el ám bito de un mismo departamento ", will be amended through the 
certification procedure to read as follows:  " El servicio de telefonía "local extendida" (telefonía 
departamental o regional) es el prestado por un mismo operador a usuarios de un área geográfica 
continua conformada por municipios adyacentes, siempre y cuando ésta no supere el ámbito de un 
mismo departamento ". 
 
 If no objections are communicated to the Secretar iat within 45 days of the date of this 
submission, the certification procedure shall be c onsidered concluded and the attached Schedule of 
Commitments on Basic Telecommunications shall enter into force and be deemed to constitute an 
integral part of Colombia's Schedule of Specific Commitments under the GATS (document 
GATS/SC/20).  
_______________ 
 
 
                                                     
 
∗ Concerns the Spanish version only. S/C/W/260 
Page 2  
 
COLOMBIA
 
 
Schedule of Specific Commitments  
 
Supplement 2  
 
(This is authentic in Spanish only) 
 
_______________ 
 
  This schedule supplements the section on Tel ecommunications Services contained in pages 
28 to 31 of document GATS/SC/20.    
  
  S/C/W/260
 Page 3COLOMBIA - SCHEDULE OF SPECIFIC COMMITMENTS  
 
Modes of supply: (1)    Cross-border supply (2)    Consumption abroad (3)    Commercial presence (4)   Presence of natural pers ons    
Sector or subsector Limitations on market access Limi tations on national treatment Additional commitments  
2.C. TELECOMMUNICATIONS 
 SERVICES     The annexed Reference Paper is 
adopted, with the notes and reservations indicated. 
The commitments in this schedule do not cover radio and television 
broadcasting services. 
 All sectors  
 
 
 The licence or concession for the supply of telecommunications services is only granted to enterprises legally set up in Colombia.     
1. For public use, exclusively 
 facilities-based services  Local and extended local voice telephony
1 (1) None 
 (2) None  (3) Foreign investment is permitted up to a 
maximum of 70% of the capital of the 
enterprise licensed to operate. 
 (4) Unbound, except as indicated by 
horizontal commitments. 
 (1) None 
 (2) None  (3) None 
 
  (4) Unbound, except as indicated by 
horizontal commitments. 
   
National and international long-
distance telephony Long-distance traffic mu st be routed through 
operators licensed to pr ovide a long-distance 
telephone service.  Deliberate inversion of the genuine direction of inte rnational traffic (call-
back) is not allowed.  
 
(1) None   
    
 
(1) None   
                                                      
1 "Extended local" voice telephony (departmental or regional telephony) is the service supplied by the same operator to users in  a continuous geographical area 
consisting of adjacent municipalities, provided the ar ea does not go outside that of the Department.  
 S/C/W/260 
Page 4 Modes of supply: (1)    Cross-border supply (2)    Consumption abroad (3)    Commercial presence (4)   Presence of natural pers ons    
Sector or subsector Limitations on market access Limi tations on national treatment Additional commitments  
 (2) None 
 (2) None 
  
 (3) Foreign investment is permitted up to a 
maximum of 70% of the capital of the enterprise licensed to operate.  National and international long -distance services 
are provided by the National 
Telecommunications Enterprise.  Any 
additional number of operators will be determined by an economic needs test. 
 (4) Unbound, except as indicated by 
horizontal commitments. 
 (3) None 
    
 
   (4) Unbound, except as indicated by 
horizontal commitments. 
  
Carrier services 
Packet-switched data transmission 
services 
Circuit-switched data transmission 
services 
Telex services Telegraph services Carrier services
2 may only be supplied by 
operators duly authorized to engage in such activities or to provide the relevant services in Colombia.  The authorization to supply 
carrier services does not involve a concession 
to supply other telecomm unications services. 
 (1) None  
(2) None 
  
   
 
   (1) None 
 
(2) None   
  (3) Foreign investment is permitted up to a 
maximum of 70% of the capital of the enterprise licensed to operate. 
 (3) None   
                                                      
2 Carrier service is a service providing th e necessary capacity to transmit signals between two or more specific points on the t elecommunications network.  This 
covers services through circuit- or packet-switched networks and through non-switched networks.  
  
  S/C/W/260
 Page 5Modes of supply: (1)    Cross-border supply (2)    Consumption abroad (3)    Commercial presence (4)   Presence of natural pers ons    
Sector or subsector Limitations on market access Limi tations on national treatment Additional commitments  
  (4) Unbound, except  as indicated by 
horizontal commitments. 
 (4) Unbound, except as indicated by 
horizontal commitments.   
Cellular mobile telephone services 
(800 MHz band) (1) None 
 (2) None  (1) None 
 (2) None    
 (3) For the cellular mobile telephone 
service the country was divided into three regions;  in each one the service is supplied by two competing operators, on an exclusive basis until 1 September 1999.  Thereafter, the additional number 
of operators shall be subject to 
technological possibility.
3  Private 
licensed companies must be established as open corporations, in other words, no natural or legal person may, alone or 
through another person, hold more than 
30% of the company share capital and the shares must be listed in a stock exchange in Colombia.  Foreign investment is permitted up to a maximum of 70% of the capital of the 
enterprise licensed to operate. 
 (4) Unbound, except as indicated by 
horizontal commitments. 
 (3) None 
     
 
    
 
    
 
  (4) Unbound, except as indicated by 
horizontal commitments.  
Personal Communications services 
(PCs) (1) None 
 (2) None  (1) None 
 (2) None    
                                                      
3 Technological possibility refers to the relevant clause contai ned in current concession contracts for cellular mobile telephon e services.  
 S/C/W/260 
Page 6 Modes of supply: (1)    Cross-border supply (2)    Consumption abroad (3)    Commercial presence (4)   Presence of natural pers ons    
Sector or subsector Limitations on market access Limi tations on national treatment Additional commitments  
 (3) The Personal Communications service 
will be supplied as from 31 December 1999 by a number of operators determined by an economic needs test.  Foreign investment is permitted up to a 
maximum of 70 per cent of the capital 
of the enterprise licensed to operate. 
 (3) None  
 (4) Unbound, except as indicated by 
horizontal commitments (4) Unbound, except as indicated by 
horizontal commitments.  
Paging services (900 MHz band) (1) Unbound 
 (2) None 
 
(3) The number of operators to supply two-
way paging services will be determined not later than 30 June 1997.  Foreign investment is permitted up to a 
maximum of 70 per cent of the capital 
of the enterprise licensed to operate. 
 (1) None 
 (2) None 
 
(3) None    
  (4) Unbound, except  as indicated by 
horizontal commitments. 
 (4) Unbound, except as indicated by 
horizontal commitments. 
   
Trunking (1) None 
 (2) None  (3) The national trunking service will be 
supplied by four operators selected by 
competitive bidding, not later than 30 June 1997.  Foreign investment is permitted up to a maximum of 70% of the capital of the enterprise licensed to 
operate. (1) None 
 (2) None  (3) None 
 
    
    
  
  S/C/W/260
 Page 7Modes of supply: (1)    Cross-border supply (2)    Consumption abroad (3)    Commercial presence (4)   Presence of natural pers ons    
Sector or subsector Limitations on market access Limi tations on national treatment Additional commitments  
 (4) Unbound, except as indicated by 
horizontal commitments. 
 (4) Unbound, except as indicated by 
horizontal commitments.  
Provision of satellite capacity, 
exclusively by geostationary satellite systems Authorizations to provide satellite capacity 
do not involve a concession to supply other telecommunications services in Colombia or in connections with  foreign countries. 
     
 (1) None 
 (2) None  (3) Foreign investment is permitted up to a 
maximum of 70% of the capital of the 
enterprise licensed to operate. 
 (4) Unbound, except as indicated by 
horizontal commitments. 
 (1) None 
 (2) None  (3) None 
 
  (4) Unbound, except as indicated by 
horizontal commitments.   
2. For non-public use, facilities-
based (Relates to the private telecommunications network, established by natural or legal persons for their private and 
exclusive use, without 
provision of services to third persons and without connection to the State telecommunications network 
or to other private 
telecommunications networks.) 
       
 S/C/W/260 
Page 8 Modes of supply: (1)    Cross-border supply (2)    Consumption abroad (3)    Commercial presence (4)   Presence of natural pers ons    
Sector or subsector Limitations on market access Limi tations on national treatment Additional commitments  
Voice telephone services 
Packet-switched data transmission Circuit-switched data transmission Private leased circuit services Paging services 
Trunking services (1) None 
 (2) None  (3) None 
 
(4) Unbound, except as indicated by 
horizontal commitments. (1) None 
 (2) None  (3) None 
 
(4) Unbound, except as indicated by 
horizontal commitments.   
  S/C/W/260 
 Page 9 
 
 
 ANNEX  
Reference Paper  
 
 
 The additional commitments appearing in this  schedule apply to basic telecommunications 
services where specific commi tments are undertaken. 
 Scope
 
 
 The following are definitions and principl es on the regulatory framework for the basic 
telecommunications services.  Definitions
 
 
 Users  mean service consumers. 
  Essential facilities
 mean facilities of a public telecommunications transport network or service 
that:  
(a) Are exclusively or predominantly provided by a single or limited number of 
suppliers;  and 
(b) cannot feasibly be economically or tec hnically substituted in order to provide a 
service. 
  A major supplier
 is a supplier which has the ability to materially affect the terms of 
participation (having regard to price and supply) in  the relevant market for basic telecommunications 
services as a result of:   (a) Control over essential facilities;  or  
 (b) use of its position in the market. 
 1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to above shall include in particular: 
  (a) Engaging in anti-competitive cross-subsidization;
4 
  (b) using information obtained from comp etitors with anti-competitive results;  and 
 
                                                     
 
4 The Colombian State reserves the right to maintain subsidies among different strata of one and the 
same service. S/C/W/260 
Page 10  
 
 (c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and co mmercially relevant information which 
are necessary for them to provide services. 
 2. Interconnection
 
 
2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anot her supplier, where specific commitments are 
undertaken. 
 
2.2 Interconnection to be ensured  
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.
5  Such connection is provided: 
 
(a) Under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non- affiliated service suppliers or for its 
subsidiaries or other affiliates; 
 
(b) in a timely fashion, on terms, cond itions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed so that the supplier need not pay 
for network components or facilities that it does not require for the service to be provided;  and 
 
(c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary additional facilities. 
 
2.3 Public availability of the pro cedures for interconnection negotiations
 
 
 The procedures applicable for interconnecti on to a major supplier will be made publicly 
available.  2.4 Transparency of interconnection arrangements
 
 
 It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer.  2.5 Interconnection:  dispute settlement
 
 
 A service supplier requesting interconnection with  a major supplier will have recourse, either: 
  (a) At any time;  or  
                                                     
 
5 When a request is made to the major supplier (operator) or any existing telecommunications services 
operator for interconnection at a point different from th e one proposed by them, they shall have the right to 
require the new operator to pay the cost caused by that decision.  In the event of a dispute concerning the point of interconnection, the regulatory body may rule on the dispute and allocate costs in the light of the relevant 
rules and of equitable and objective criteria.  S/C/W/260 
 Page 11 
 
 
  (b) after a reasonable period of time which has been made publicly known 
 to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously.
6 
 
3. Universal service  
  Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.  4. Public availability of licensing criteria
  
 
 Where a licence is required, the following will be made publicly available: 
 
(a) All the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence;  and 
  (b) the terms and conditio ns of individual licences. 
 
 The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
 
 The decisions of and the procedures used by re gulators shall be impartial with respect to all 
market participants.  6. Allocation and use of scarce resources
 
  Any procedures for the allocation and use of s carce resources, including frequencies, numbers 
and rights of way, will be carried out in an objective
7, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency bands will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.  
__________ 
                                                     
 
6 This item is adopted on the understanding that "independent domestic body" refers to the body 
determined by Colombian law. 
7 "Objective" means that allocation and use depend on availability and the national frequency table.