Acceso al mercado de las telecomunicaciones y ejercicio de la actividad. Revisión de la experiencia de la unión europea y española y su incidencia en las legislaciones colombiana y peruana
The transformation that the telecommunications sector has undergone in recent years, associated with the possibility of having a large number of operators in charge of providing communications services and that competition is a determining factor for the satisfaction of interests collectives, are th...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8510525 |
| Source: | Revista de Derecho Administrativo, ISSN 2074-0956, Nº. 20, 2021, pags. 16-45 |
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| Summary: |
The transformation that the telecommunications sector has undergone in recent years, associated with the possibility of having a large number of operators in charge of providing communications services and that competition is a determining factor for the satisfaction of interests collectives, are the cornerstones on which the Community, Spanish, Colombian and Peruvian legislation has been built, where it has been considered that the liberalization of telecommunications services should be endowed with a series of principles and guarantees associated with a that the freedom of competition is guaranteed and that the entry barriers destined for the operators will be limited and made more flexible, in order to be able to respond to the vertiginous changes derived from the technological convergence. The objective of this short academic dissertation is to analyze why from the community context since 1997, the elimination of permits for the provision of communications services was considered necessary, bringing with it the modification of the current model in terms of concessions and permits, to a model of General Authorizations or Authorizations, in consideration of the existence of a single market, that of the electronic communications market and where it was convenient to resort to other forms of income so that agents could enter the market and that this was the that will determine its permanence or not.This new authorization model, which was transposed by the Spanish legislator, and in accordance with the evolution of the model provided for in the package of Directives issued by the Council and European Parliament in 2002, was not alien to Colombia, and this is how the In the process of construction of the Law for the ICT sector, the figure of general authorization was incorporated, taking Spanish legislation as a reference, expanding this framework and in the most recent reform this figure was extended to the television sector in the reform of the year 2019, taking into account the convergent model that the new Law brought with it, hence the convenience of having this model for entering the ICT and Audiovisual market.The purpose of the article is to determine the importance of having a General Qualification model for the provision of services and the installation or operation of telecommunications networks, as an effective mechanism to achieve the participation of new agents in this market and As the current model in Peru, it can be modified in the face of the transformations that the sector has undergone and the need to eliminate entry barriers associated with concessions and other enabling titles that do not allow the entry of new agents into this sector. |
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