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Licensing and authorisation

Licences/authorisations required

What licences/authorisations are required to provide telecoms services?

The provision of telecoms services requires an information and communications technology (ICT) licence granted by the National Communications Agency. This is a single licence which authorises the provider to offer any kind of ICT service (eg, fixed or mobile, wired or wireless or domestic or international services) with or without its own infrastructure. Each service to be provided must be registered in the registry on the submission of technical and economic information.

ICT licences have a nationwide scope. Further, there are no mandatory investment obligations and providers are free to choose the technology and network architecture that they consider the most appropriate for the efficient provision of services.

An ICT licence does not include the award of a spectrum, which is subject to a separate procedure.

The existing licence regulation (which has been in force since 2000) is in the process of being replaced and updated by a new regime, which is meant to relax further the requirements to obtain a licence.

The transfer of licences and the controlling stock of operators is subject to regulatory approval.

Procedure

What are the eligibility, documentary and procedural requirements to obtain a licence/authorisation?

There are no restrictions for the granting of ICT licences to natural persons or juridical entities. Applications must include the required:

  • personal and corporate documentation;
  • information on the services to be provided; and
  • financial statements.

The National Communications Agency may request that applicants to file further information or clarification if deemed appropriate.

Validity period and renewal

What is the validity period for licences/authorisations and what are the terms of renewal?

ICT licences have no expiry date.

Fees

What fees apply?

Licence applications are subject to an initial administrative fee of Ps5,000 (approximately $285). Once the licence has been granted, operators must pay a monthly control fee, equivalent to 0.5% of the gross revenue accrued for the provision of ICT services, net of tax.

Timeframe

What is the usual timeframe for obtaining a licence/authorisation?

There is no fixed term for obtaining a licence. At present, the estimated timeframe to obtain a licence is four to six months.

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