ATTRIBUTES OF TELECOMMUNICATION LICENSES
By Ira S. Vergani
d’Empaire Reyna Bermúdez Abogados
The Venezuelan Telecommunications Law requires that any person intending to render telecommunication services and to establish or exploit a telecommunications network obtains a license with different attributes granted by the Venezuelan National Telecommunications Commission (“Conatel”).
Pursuant to the Telecommunications Law, to render telecommunication services and to establish or exploit telecommunication networks, Conatel shall grant a telecommunications license that would contain different type of attributes depending on the type of service or activity that the holder intends to render or develop. In this regard, the Resolution defines the attributes that could be incorporated to a general or a special telecommunication license.
On June 8, 2001, Conatel’s Resolution Nº 41 containing the attributes of telecommunication licenses entered into force (the “Resolution”). The Resolution, published in the Official Gazette N° 37.215, defines the attributes that could be incorporated to a Telecommunications License, whether general or special.
Fixed Local Telephony: Exchange of voice information within a local area, with mobility restricted to the coverage area of a determined base station in the case of wireless means.
National Long Distance Telephony: Exchange of voice information through base stations or stations located in the space, that communicate with mobile terminal equipments.
International Long Distance Telephony: Exchange of information from and outside Venezuela.
Mobile Telephony: Exchange of voice information, through base stations or stations located in the space, that communicate with mobile terminal equipments.
Internet Services: Internet Access, excluding connection between the Internet Service Provider and its users.
Transport: Transmission of information between agreed access points without modifying it, as well as the transmission of information in an agreed bandwidth and(or) during an agreed period of time, through circuits, maintaining at all times the direct operation of the telecommunications network.
Access to data networks: Transmission of information between agreed access points without modifying it.
Broadcasting by Subscription: Access to a package of previously agreed audiovisual or audio programming.
Establishment and exploitation of telecommunication networks: To install and establish equipments and infrastructure allowing for the transmission, emission or receptions of signs, writs, images, sounds or information of any nature, by wire, radioelectricity, optical means or similar means, currently existing or to be created. This attribute does not include the rendering of telecommunication services.
Terrestrial Mobile Radiocommunications: Exchange of voice or data between mobile terminal equipments using base stations.
Radio Messages: Exchange of information in tone, alphanumeric, numeric, graphic or voice in deferred time formats, between mobile terminal equipments.
Maritime Radiocommunications: Between coastal stations and vessel stations, between vessel stations, between associated on board communication stations or between vessel stations or rescue equipment and radiobeacon stations to locate accidents.
Radio Determination: To determine the position, speed and other characteristics of an object or to obtain information in connection with such parameters.
Aeronautical Radicommunications: Between stations and aircraft stations, between vessel stations or rescue equipment and radiobeacon stations to locate accidents.
Meteorology Assistance: To undertake meteorological observations or studies.
Audio Broadcast in Modulated Amplitude (AM): Radio Broadcast of audio programs to the general public in the AM band.
Audio Broadcast in Modulated Frequency (FM): Radio Broadcast of audio programs to the general public in the
FM band.
Audio
Broadcast by Short Wavelength: Broadcast of audio programs to
the general public in a sector of the band attributed to short wavelength
broadcast services.
UHF
Open Television: Broadcast of audiovisual programs to the
general public in a channel of the short wavelength audio UHF open television
band.
VHF
Open Television: Broadcast of audiovisual programs to the
general public in a channel of the short wavelength audio VHF open television
band.
Each attribute allows its holder to engage in all of the activities necessary to install and establish telecommunication equipments and infrastructure, including connections to render each service.
Community Audio Broadcast: Broadcast of audio information to the general public, as a mean to achieve the free and plural communication of individuals and organized communities within their respective environment.
Community Open Television: Broadcast of audiovisual information to the general public as a mean to achieve the free and plural communication of individuals and organized communities within their respective environment.
Each attribute allows its holder to engage in all of the activities necessary to install and establish telecommunication equipments and infrastructure, including connections to render each service.
Category A Ham Radio Operator: Its object is the instruction of individuals, intercommunication and technical studies of radio techniques of a person that has obtained the Certificate of the Instruction Course dictated by Conatel.
Category B Ham Radio Operator: Its object is the general individual instruction, intercommunication and technical studies of radio techniques of a person that has obtained the category A of Ham Radio Operator and that has fulfilled other requirements set forth by Conatel.
Point to Point Connections: Exchange of information between a fixed station and a mobile station, during no more than 3 continuous calendar days.
Testing of new technologies or equipments: Its object is the research, teaching or verification of the operating and functioning characteristics of new technologies and equipments.