Telecoms.com periodically invites third parties to share their views on the industry’s most pressing issues.
In this article Engineer Gerado Mantilla and Lawyer Patricia Falconí Castillo offer a deep dive into the topic of licensing renewal.
Recently, the Inter-American Association of Telecommunications Companies (“ASIET” in Spanish), public a document called “Telecommunications: a strategic ally for Latin America development”, where it made important contributions to telecommunications regulation policy, in special, regarding authorizations issue on spectrum use.
Now, it is worth analyzing these aspects since its genesis, taking much more relevance when considering telecommunications markets openings, especially in Latin America, where in many cases some spectrum licensing for use and telecommunications exploitation have already been renewed.
From these licensing renewals, it has been possible to observe a lack of clear rules and tangible or measurable elements that allow an objective identification of causes that will be evaluated by NRA to make decision to renew or not.
Knowing what licensing are and assuming that, one fundamental pillars for telecommunications development are investments that companies make it, not only at infrastructure level, but also when it participate on radio spectrum assignments; licensing granted must take care of legal security application principle, which “is nothing other than the possibility that the State must give us through the right to foresee the effects and consequences of our actions or the conclusion of contracts to perform them in the terms prescribed in the norm, so that they have the effects that we want or to take the updated measures to avoid the effects that we do not want, and that could take place according to the law”