5G regulation and law in Colombia

The deployment of 5G technology in Colombia has advanced significantly since its inception in February 2024. This progress has been accompanied by important regulations and procedures that have allowed establishing the conditions for its implementation in the country. 

On October 20, 2023, the Ministry of Information and Communications Technologies (MinTIC) issued Resolution 3947 of 2023, which established the requirements, conditions and procedures to participate in the auction of radio spectrum in the 700 MHz, 1900 MHz, extended AWS, 2500 MHz and 3500 MHz bands. 

Subsequently, on December 20, 2023, the auction of the aforementioned bands was held, with the participation of the operators Claro, Wom, Telecall and the joint venture of Tigo and MOVISTAR. 

Once the auction was concluded, the MinTIC awarded spectrum use permits to the operators. The specific resolutions that were awarded detail the obligations and conditions that each operator must comply with to guarantee the efficient deployment of 5G technology in Colombia. 

According to data from the Communications Regulation Commission (CRC), by December 2024 the country had 1,167 active sites with 5G technology, spread over 22 cities in 13 departments. This represents 3.9% of the total mobile infrastructure in the country, while 4G technology continues to predominate with 90.1% coverage.

Source: CRC - “Data Flash 2024-016 on mobile services network infrastructure as of December 2024” available at: https://www.postdata.gov.co/dataflash/data-flash-2024-016-infraestructura-redes-moviles. 

In terms of coverage, according to public information, Claro leads the deployment with 981 active base stations (84% of the total), followed by Tigo and Movistar, each with 93 sites. On the other hand, WOM has not yet started 5G operations, concentrating on its 4G and 3G networks.

Source: CRC - “Data Flash 2024-016 on mobile services network infrastructure as of December 2024” available at: https://www.postdata.gov.co/dataflash/data-flash-2024-016-infraestructura-redes-moviles. 

In geographic terms, Bogotá has the highest penetration, with Claro covering 30.38% of municipal capitals, followed by Tigo and Movistar with 18.89%. 

In Medellín and its metropolitan area, Claro reports coverage of 23.64% in Medellín, 66.54% in Envigado, 21.98% in Itagüí and 9.64% in Sabaneta. On the other hand, Tigo and MOVISTAR report coverage of 8.18% in Medellín, 0.12% in Envigado and 3.38% in Itagüí. 

In Barranquilla, Claro had 5G coverage of 19.19%, while MOVISTAR and Tigo had 10.94%. In Cartagena, Claro had 5G coverage of 7.14%, while MOVISTAR and Tigo each had 3.56%.

Source: CRC - “Data Flash 2024-016 on mobile services network infrastructure as of December 2024” available at: https://www.postdata.gov.co/dataflash/data-flash-2024-016-infraestructura-redes-moviles. 

Pursuant to Articles 11 and 72 of Law 1341 of 2009, as amended by Articles 8 and 29 of Law 1978 of 2019, the use of the radio electric spectrum requires a frequency use permit granted by the MinTIC, which requires a plural number of interested parties in the corresponding frequency band and, if so, an objective selection process, after a public call, for the granting of respective permits. 

Also, Resolutions ordering the opening of the objective selection processes establish the requirements for applications that must be met by any interested party, whether large or small. 

The MinTIC has implemented measures to ensure that a wide range of operators and industrial companies, from small to large, have access to domestic frequencies necessary for the deployment of 5G technology. 

On December 20, 2023, a radio spectrum auction was held in the 700 MHz, 1900 MHz, 2500 MHz and 3500 MHz bands. Operators such as Claro, Wom, Telecall and the joint venture of Tigo and MOVISTAR participated in this process and obtained licenses to operate 5G technology in the country.

To avoid excessive concentration of spectrum in the hands of a single operator and to promote competition, the MinTIC established limits on the amount of spectrum that each company can acquire. These caps seek to ensure that both incumbent operators and new entrants, as well as and industrial companies of various sizes, have the opportunity to access the frequencies needed to develop 5G services. 

In the case of the spectrum auction for 5G networks, a maximum cap of 100 MHz per operator was determined. However, each operator received an 80 MHz block within the 3500 MHz band, distributed from lowest to highest frequency as follows: COMUNICACIÓN CELULAR S.A. COMCEL S.A. obtained the lowest-frequency block (3300-3380 MHz), followed by TELECALL COLOMBIA S.A.S. (3380-3460 MHz), PARTNERS TELECOM COLOMBIA S.A.S. (3460-3540 MHz) and, finally, the UNIÓN TEMPORAL COLOMBIA MÓVIL S.A. ESP - COLOMBIA TELECOMUNICACIONES S.A. ESP BIC, which received the highest-frequency block (3540-3620 MHz). 

All operators remained within the limit of 80 MHz assigned per block and complied with the equity and efficiency criteria established by the MinTIC. 

On February 22, 2024 the MinTIC minister  issued the Resolutions granting spectrum use permits to the successful bidders of the 5G auction, allowing them to start deploying the networks throughout Colombia. 

Resolution No. 496 of February 22, 2024, granted permission for the use of the radio electric spectrum to COMUNICACIÓN CELULAR S.A. COMCEL S.A., for the term of 20 years, for the access, use and exploitation of a block of 80 MHz of radio electric spectrum, in the frequency range of 3300 MHz to 3380 MHz. 

Resolution No. 497 of February 23, 2024, granted UNION TEMPORAL COLOMBIA MOVIL S.A. ESP - COLOMBIA TELECOMUNICACIONES S.A. ESP BIC a 20-year permit for the access to, use and exploitation of a block of 80 MHz of radioelectric spectrum, in the frequency range from 3540 MHz to 3620 MHz. 

In Resolution No. 498 of February 23, 2024, TELECALL COLOMBIA SAS was granted a permit for the use of the radioelectric spectrum for a term of 20 years, for the access, use and exploitation of a block of 80 MHz of radioelectric spectrum, in the frequency range from 3380 MHz to 3460 MHz. 

Resolution No. 499 of February 23, 2024, granted PARTNERS TELECOM COLOMBIA SAS a permit for the use of the radio electric spectrum for a term of 20 years, for the access, use and exploitation of a block of 80 MHz of radio electric spectrum, in the frequency range of 3460 MHz to 3540 MHz. 

To date, there have been no new public tenders in Colombia concerning 5G. 

MinTIC Resolution 3947 of 2023 establishes the criteria and requirements for the awarding of spectrum in the 5G auction process in Colombia. These criteria are aimed at guaranteeing process transparency, fostering competition and ensuring that the successful bidders can comply with the obligations associated with the implementation of 5G technology. 

According to Article 7 of the Resolution, various entities may participate in the auction process, such as domestic or foreign legal entities, associations 1  and organized connectivity communities 2  in accordance with Decree 1079 of 2023, as well as national or foreign private equity funds. 

Participants may apply individually or through associations permitted by law, but members of an association that participate collectively may not submit applications individually. 

All interested parties must meet several requirements in order to participate in the auction. First, the, entity must have a minimum legal duration of not less than the term of spectrum use permit plus two additional years. In addition, they must include in their corporate purpose, as their main activity, the provision of telecommunications networks and/or services. 

Participants must also be registered or undertake to register in the Single ICT Registry within 15 business days from the auction, in case the participants are awarded the contract. Likewise, they must be up to date with their obligations before the Fondo Único (single fund) of TIC and not be under any constitutional or legal disqualification or prohibition applicable to the entity or its legal representatives, partners or shareholders. 

Another fundamental requirement is to have at least two years experience over the past ten years in the provision of telecommunications networks and/or services. This experience must be the applicant’s own or that of a partner with a minimum participation of 25% in the capital of the interested entity. In addition, participants must demonstrate financial capacity and present guarantees of seriousness in the auction process. 

In the awarding of permits for the use of radio spectrum for 5G in Colombia in 2024, one of the essential requirements is that interested operators participate in the auction process by submitting financial bids. This requirement ensures that only companies with the technical and financial capacity to develop 5G services can access these permits. 

The dynamics of the auction takes place in rounds where operators submit financial bids for the available spectrum blocks. These rounds are usually highly competitive, as spectrum is limited, and blocks are allocated to the operators that offer the highest bids. This process not only takes into account the amount of money, but also the operators’ commitment to complying with the conditions set, such as infrastructure deployment and coverage in specific areas. 

In this sense, spectrum blocks are awarded to the winning operators in the auction. This implies that, in addition to the financial payment, they acquire obligations related to the deployment of technology, coverage in priority areas (such as roads or educational institutions) and compliance with minimum technical standards.

Compliance with these requirements seeks to ensure that participants have the necessary technical and financial resources to deploy the infrastructure required for 5G in Colombia. 

The aforementioned resolution also establishes limits on the amount of spectrum that each operator may acquire (mentioned in question No. 2), in order to promote competition and avoid concentration of spectrum in the hands of a few operators. 

The resolutions recognizing the aforementioned companies as assignees of radio spectrum use permits establish the following general obligations, which reflect the conditions under which such permits are granted:

1. Comply fully with the provisions of the purpose, scope, conditions and obligations described in the Resolution by which it is recognized as assignee.
2. Comply with current regulations and with the legal, statutory and regulatory provisions issued and to be issued in the future by the competent entities.
3. To assume, at its own risk, the exploitation of the radio electric spectrum whose use permit was assigned as a result of the auction, in accordance with the provisions of MinTIC Resolution 3947 of 2023, as amended by Resolutions 4138, 4185 and 4806 of 2023.
4. Provide services at its own risk, continuously, efficiently and in compliance with the minimum service quality requirements described in the standards issued by the CRC.
5. Timely comply with the payment of the economic consideration and the execution of the obligations established and originated by the permit for the use of the radio electric spectrum granted by means of this administrative act.
6. Timely comply with the payment of the periodic consideration and contribution to the CRC to which the Telecommunications Network and Service Provider - PRST is obliged.
7. Comply with the standards and technical parameters for the use of radio spectrum.
8. Guarantee the operation, interconnection and access of its network with other telecommunications networks.
9. Allow interconnection of its networks and access to and use of its essential facilities on non-discriminatory terms, including the National Automatic Roaming (RAN) essential facility, to any other PRST that requests it.
10. Obtain and keep in force all licenses, authorizations and permits, of a national, departmental, district or municipal nature, necessary for the installation of its infrastructure, as well as those that must be obtained for the execution of works.
11. Repair all damages caused by its acts or omissions to the telecommunications network of other PRSTs, and to indemnify the owners of such networks for the damages caused to them.
12. Not cause harmful interference to other networks through the use of the assigned spectrum, and in the event of such interference, to promptly comply with the measures set forth in the resolutions recognizing them as assignees and the requirements issued by the National Spectrum Agency (ANE).
13. To carry out the retune of the assigned frequencies, within the same band, at the time the Ministry so requests, due to the reorganization of the radio spectrum, due to a new assignment process or in order to guarantee radio spectrum assignments in continuous blocks, at its own cost.
14. To carry out technological upgrades to its networks, in order to guarantee the adequate and efficient use of the radio electric spectrum and the provision of a service to users with the conditions and quality standards that comply with international recommendations and with the provisions of the national regulations in force, their updates and modifications, as well as those established by the Communications Regulation Commission (CRC).
15. In the event that methodologies are defined or measurement parameters are established validate the efficient use of the radio electric spectrum, the assignee must strictly comply with such measures.
16. Strictly comply with the conditions set forth in the general rules governing spectrum sharing.
17. Assume all risks derived from possible interferences and, in general, from any alteration that modifies the defined or expected use of the assigned spectrum.
18. Maintain service coverage within the national territory and the new service offered during the term of the permit granted in their respective administrative acts. s) Provide the MinTIC or its designee, as well as other competent entities, with the information required to monitor and supervise the conditions established in the permit. 

The spectrum use permit grantees have several specific obligations established in the Resolution. In relation to roads (Article 4), they must guarantee land mobile service coverage in 4G technology or higher in the assigned roads. This must be done using any authorized spectrum band and complying with the established conditions and deadlines. 

Regarding Educational Institutions (Article 5), operators have two main responsibilities: (i) they must make their fiber optic infrastructure available to other operators, complying with principles of non-discrimination, transparency, and prices based on efficient costs, during the term of the permit; (ii) they must provide Internet access through fiber optics in the educational centers included in the attached list, respecting the conditions and deadlines. 

Regarding minimum technical conditions, Resolution 499 of 2024 establishes that the spectrum in the 3500 MHz band must allow theoretical peak speeds of 1026.4 Mbps for download and 68.6 Mbps for upload, using an 80 MHz block. 

Responsibilities related to protection of the fixed satellite service (Article 9) and the protection of the aeronautical radionavigation service (Article 10) are also specified. 

In Colombia, the price of 5G technology spectrum use permits is determined through an auction process, which is regulated by Resolution 3947 of 2023 and the corresponding resolutions for each successful bidder issued in February 2024. During the auction, participants bid for the different available bands, and the final price paid for each license is based on the highest bid made by each operator for the respective spectrum band. 

The base price of frequencies is established considering several variables, including licensing costs, spectrum availability and the need to promote fair competition among participants. In addition, operators must comply with certain conditions and obligations that may influence the final price to be paid. 

As for the spectrum bands auctioned, prices vary depending on the specific band. For example, in the 700 MHz, 1900 MHz, extended AWS, 2500 MHz and 3500 MHz bands, operators must meet certain infrastructure investment and coverage requirements. The specific conditions of the auction, including base prices and payment terms, are detailed in the corresponding auction resolutions. 

It is important to note that the final price is not only determined by the economic offer, but also by other factors that guarantee compliance with the conditions of the process and the 5G technology deployment obligations, such as geographic coverage and the deadlines established for implementation. 

Now, the economic considerations designated to the assignees of the permits for the use of radio electric spectrum in February 2024 were as follows:

1. Resolution 496 of February 22, 2024 - COMUNICACIÓN CELULAR S.A. COMCEL S.A.: COP 11.384.000.000 (approximately USD 94.618.320 as of January 10^th, 2025).
2. Resolution 497 of February 22, 2024 - UNION TEMPORAL COLOMBIA MOVIL S.A. ESP - COLOMBIA TELECOMUNICACIONES S.A. ESP BIC: COP 318.306.000.000 (approximately USD 73.307.141,05 as of January 10^th, 2025) 
3. Resolution 498 of February 23, 2024 - TELECALL COLOMBIA S.A.S.: COP 318.333.000.000 (approximately USD 73.309.083,42 as of January 10^th, 2025) 
4. Resolution 499 of February 23, 2024 - PARTNERS TELECOM COLOMBIA SAS.: COP 318.340.000.000,00 (approximately USD 73.316.393,57 as of January 10^th, 2025) 

Implementation of 5G projects in Colombia has faced problems that have slowed down operations. One of the main obstacles has been the need to upgrade and expand existing infrastructure to support 5G networks. This involves significant investments in new antennas and base stations, especially in densely populated areas where higher frequency signals may have difficulty penetrating. 

In addition, regulation and allocation of the radio spectrum has required adjustments to adapt to the needs of this new technology, which has meant more time-consuming processes. 

This is evidenced by the fact that some operators have not been able to make significant progress in the implementation of 5G projects, as is the case with WOM and Telecall. 

According to information provided by WOM, the company has not yet started with this deployment and expects to start in the first months of 2025. As for Telecall, the company has not specified when it would start with the official deployment in the country, which would be focused on home internet. 

In relation to any decisions regarding non-compliance with 5G concession obligations, to date, no specific decisions have been reported in Colombia. However, the MinTIC has established mechanisms to ensure compliance with obligations by assignees of spectrum use permits in the 3500 MHz band, which is critical for the deployment of 5G networks. 

While there have been no formal announcements of new spectrum auctions beyond 2024, Colombia's spectrum policies and planning processes provide a solid foundation for adapting to technological advancements and preparing for future bids. The government is expected to continue fostering connectivity, particularly in rural and underserved areas, as part of its broader digital strategy.

Long-term management of the radio spectrum in Colombia is guided by strategic planning documents that aim to ensure efficient allocation and use of this resource. The Spectrum Management Master Plan 2022-2026, developed by the National Spectrum Agency (ANE), serves as a foundational framework. It focuses on optimizing spectrum use, promoting technological innovation, and supporting nationwide connectivity. The plan also anticipates future demands and includes guidelines for the allocation and distribution of spectrum. 

In addition, the Spectrum Policy 2020-2024, established through Resolution 2759 of 2020, aims to maximize social welfare and drive digital transformation by modernizing and digitizing spectrum management. It follows a five-year planning cycle with annual updates, aligning with international standards and Colombia's Law 1978 of 2019. Recently, the MinTIC launched the Objective Selection Process No. 001 of 2024 to grant spectrum usage permits in different band frequencies (such UHF, VHF and microwaves) intending to enhance telecommunications coverage and quality while enabling access to advanced technologies. 

In Colombia, operators deploying 5G networks must comply with a series of standards and requirements set by regulatory authorities such as the MinTIC and the ANE. These standards cover several key areas, including spectrum allocation, infrastructure deployment, implementation timelines, service quality, and financial obligations. 

For instance, operators must acquire licenses for specific bands of the radio spectrum, such as the 3,500 MHz band designated for 5G deployment. This ensures that they have the legal right to use the necessary frequencies for the network. Coverage and infrastructure deployment requirements are also in place, compelling operators to deploy 5G infrastructure in both urban and rural areas. These obligations aim to ensure equitable access to the technology, even in more remote regions. 

There are also strict timelines for the deployment of 5G networks, which operators must adhere to. Failure to meet these deadlines can lead to sanctions. Some companies, like WOM and Telecall, have requested extensions due to challenges in network deployment. Additionally, operators are required to maintain a high quality of service, which includes meeting international standards for speed and latency. This ensures that the 5G network provides a reliable experience for users. 

Financial obligations are another crucial aspect of compliance. Operators must pay fees for spectrum use and other regulatory contributions. Non-compliance in this area, such as failure to make payments, can disrupt operations and affect the company's standing. 

In Colombia, there are currently no provisions regulating the adoption of 5G network or spectrum sharing schemes. However, the CRC established in May 2024 that although there is still no specific regulation in Colombia, there are no provisions that limit or prohibit the adoption of MORAN (Multi-Operator Radio Access Network) or MOCN (Multi-Operator Core Network) schemes by operators in the country. The CRC established that any operator can adopt these sharing schemes, as long as it complies with the rules applicable to the allocation and use of the radio spectrum. 

The current framework (Law 1341 of 2009, amended by Law 1978 of 2019, which regulates access to the use of the radio spectrum) allows operators to enter into sharing agreements under the principles of free competition and efficient use of infrastructure. 

In 2023, the Superintendency of Industry and Commerce (SIC, the national competition authority) authorized a request for a network infrastructure and spectrum usage rights sharing agreement between COLOMBIA MÓVIL S.A. E.S.P. and COLOMBIA TELECOMUNICACIONES S.A. E.S.P., who indicated that they would adopt a MOCN sharing scheme.

It is important to note that sharing agreements in Colombia are not necessarily public, which makes it difficult to know with certainty whether they are currently being carried out. It is likely that some operators are exploring these options, given the favorable regulatory framework. 

The rules for granting access to competitors in the new 5G networks, as well as the steps taken for the implementation of these networks, are governed mainly by the legal framework and the provisions established in the resolutions and regulations of the MinTIC. 

IBM's X-Force Threat Intelligence Index 2024 report revealed that Colombia is the country in Latin America with the second highest incidence of cyberattacks, reaching 17 percent. These attacks involved the impersonation of users and exploitation of technological vulnerabilities in computers and public programmes.

It is important to note that, in Colombia, there are no specific guidelines on cybersecurity in the context of 5G. However, the call documents for objective selection processes raise relevant issues that should be considered in the development of future policies and regulations. The need to conduct impact assessments prior to implementation of 5G networks is crucial to identify potential interference and develop appropriate mitigation strategies. This includes conducting technical studies and consulting with telecommunications and aviation experts.

It is important to note that, in Colombia, Huawei has a stake in the Colombian telecommunications sector, through equipment and infrastructure for the development of 3G and 4G networks. According to Colombia Risk Analysis (2023), 50% of the principal operators, such as the Claro and MOVISTARr networks, and 100% of the Tigo and WOM networks are provided by Huawei. Although there are still no records in Colombia on the use of Chinese technology in the deployment of 5G networks, it is possible to infer that adoption of these new 5G technologies will also rely on the development of Chinese technology. 

Currently, in Colombia there are no specific projects dedicated to the development of 6G technology. The country is in the implementation and expansion phase of the 5G network.