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By Orlando Rojas Pérez – By a decision of the State Council last week, a complaint filed by RCN and Televisió and Caracol Televisión, a new setback suffered from the Commission Regulatory Communications – CRC-, accompanied by a strong reprimand, in which the State Council, among others, rejects the CRC as capricious. In a few words, the decision suspends the suspension from the entry into force that CRC issued on September 8, 2015 in its resolution 4786.
IN ITS RESOLUTION, FAILURE STATES:
D & ## FIRST: ANSWER the order of February 6, 2017, which rejected the request for temporary suspension of the effects of the Resolution nro. 4786 of 8 September 2015 published by the Nation – Ministry of Information Technologies and Communications and Communications Regulation Commission.
SECOND: SUSPENDING PROVISIONALLY the effects of Resolution no. 4786 of September 8, 2015, "The Effects of the Technical Regulations on Internal Telecommunications Networks are Suspended", Submitted by the Ministry of Information and Communication Technologies and the Commission for the Regulation of Telecommunications communications
ANALYSIS
The State Council by Judgment 11001 0324 000 2016 00295 00 suspended resolution 4786 of 2015 of the Convention on the Rights of the Child. This resolution suspended RITEL's request. In simple terms, the State Council suspended the suspension of the RITEL and that is why, when the award was made, RITEL would come into effect (or in simple arithmetic, less for less gives more).
The RITEL is the regulation for new buildings in order to comply with the internal communication wiring owned and managed by the co-owners of the buildings so that all operators can sell their services without any of them being 39, appropriate these internal networks and do not leave to enter the competition. This is a key regulation for users to buy services at the operator that they like and change operator without problems and without having to open holes and run cables. through the facades or without the chosen operator can not enter as another operator he appropriated the ducts of the buildings and moored them.
Resolution 4786 was issued in September 2015, after the entry into force of RITEL. The decision says that the RITEL has reached a month and a half. That is, the RITEL after the CRC discussed with the entire public sector was applied for a month and a half and then the CRC itself suspended it, there is almost three years. The CRC said in this resolution that the reason for the suspension was the difficult economic situation of the country, but at the time, the Minister of Finance and the President all said that the economy was getting better and better. , so we do not explain why they argued that reason The version of the corridor is that Vice President Vargas Lleras ordered to suspend the settlement because for the free houses that gave everywhere in the country, the costs were increased and the company was damaged for builders because the cost of these homes had a plug that could not be adjusted. What is the real reason? only those who signed the suspension will know …
The initial suspension provided by the CRC has been extended twice and the effective date of the RITEL is currently January 1, 2019. But the State Council has suspended the suspension, the extensions of this suspension will also fall (Or in simple maths by transitive law, the extensions of a resolution overturned by the State Council would also fold); I mean that the RITEL has been suspended and must be enforced through the State Council.
How many new houses do not have adequate networks today for the three years that the RITEL has suspended? According to Camacol, from September 2015 to date, more than 400,000 homes would not have benefited from RITEL. RITEL has forced the Conservatives to demand design with this regulation when applying for a building permit.
The reason for the suspension of the resolution considered by the State Council is that the CRC has not complied with the rules of publication for the comments of anyone wishing to comment on a draft resolution, such as s & # 39; it was about discussing the original settlement and as today, he does to see what he's taking away from him or what he's doing while he's been suspended for almost three years. In other words, the State Council tells the CRC that the suspension of a standard that has already been issued must also go through a process of public discussion. On the one hand, the suspension favored some manufacturers but on the other hand, the RITEL benefited the new operators who want to compete with the incumbents who had colonized the buildings by not allowing them to sell their services, but also to users. which are favored by the possibility of more competition for fixed Internet, telephony and television services.
The request for suspension was filed by the television channels because the RITEL also established the obligation to place and maintain the common antennas for open television so that people can watch free TNT without having to pay for A cable service, that was part of a problem years ago because when cable TV came into the buildings, the common antennas disappeared and the RITEL solved this problem at least for the new homes.
The State Council declares to the CRC that it "failed in its duty to publish the draft Resolution No. 4786 of 8 September 2015 on its website, thirty (30) days before its issuance, reason sufficient to order the provisional suspension of its effects, since it has omitted one of the conditions of existence provided for in the legal system in the form in which it has been demonstrated. "
CRC LORS OF THE PUBLICATION TODAY RESOLUTION 5405 TRY NOT TO ACCEPT THE FAILURE OF THE STATE COUNCIL
Today the CRC has issued a statement, which we have reproduced below and resolution 5405 on the RITEL, with measures that would apply from 1 January 2019. [19659012] Interestingly, when you try to download the full resolution, you can only download the first two pages of the 57 pages. Willful or unintentional error?
https://www.crcom.gov.co/uploads/images/files/resolucion_ritel_julio2.pdf
TEXT PUBLISHED TODAY BY THE CRC
From 2019, new projects housing will have infrastructure to support better communication networks.
Indicate the amendment to the Internal Telecommunication Network Regulations – RITEL.
The Communications Regulatory Commission – CRC, publishes Resolution 5405 of 2018 amending the Regulation of International Telecommunication Networks – RITEL, which is to be applied in construction projects that are designed from July 1, 2019.
Bogotá DC, July 16, 2018. As a result of joint work with the construction sector, providers of telecommunications networks and services and government entities such as the Ministry of Housing, City and Territory, the National Planning Department and the Superintendence of Industry and Commerce, CRC has made the amendment to the Regulations of the International Telecommunications Networks – RITEL
The revision of the RITEL is concentrated on four main axes:
1. Definition of the actors responsible for the deployment of the support network infrastructure and the telecommunication network in the buildings to minimize the impact on the user.
2. Definition of technical conditions that involve the lowest cost and provide sufficient infrastructure so that a user can choose, without any restriction, the operator with whom he wishes to contract his services. fixed services.
3. Identification of the actors responsible for the maintenance of the support infrastructure and the telecommunications network, so that, in case of damage, the lowest unavailability of services for the user occurs.
Definition of a transition regime for the application of RITEL, so that ongoing horizontal housing construction projects are not affected.
The update of the regulations is good news to promote access to fixed telephony, internet and television services in Colombian homes. As of July 1, 2019, all new single – family and multi – family projects, subject to the horizontal ownership regime, will have sufficient infrastructure to allow users to exercise their right of free choice and freedom of choice. hire fixed services with: the operator who offers the most benefits at a lower price, without having to be limited to the first service provider who arrives at his building.
The project stems from the need to promote fixed broadband Internet access as an economic development tool, since in Colombia this service does not exceed 13% of adoption. , while it is 31% in developed countries. This decision aims to boost the penetration of fixed broadband services in the country and facilitate the deployment of fiber optic networks in Colombian households.
"Our goal is to ensure that every day more households in the country have access to Germán Darío Arias, Executive Director of the CRC
To know here the modifications of the Regulations of the International Networks of Telecommunications – RITEL (Resolution CRC 5405 of 2018)
COMPLETE IMAGE OF THE COUNCIL OF THE STATE FAILURE
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See note:
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