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LAW No. 164
LAW OF AUGUST 8, 2011
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF
BOLIVIA

Inasmuch as, the Plurinational Legislative Assembly has enacted the following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECREE:
GENERAL LAW OF TELECOMMUNICATIONS,
INFORMATION AND COMMUNICATION TECHNOLOGIES

TITLE I
GENERAL DISPOSITION
Article 1. (OBJECT). The purpose of this Law is to establish the regime
general telecommunications and information and communication technologies, service
postal system and the regulation system, in order to live well, guaranteeing the human right
individual and collective communication, with respect to economic, social plurality,
legal, political and cultural of all Bolivian women and men, the nations and
native indigenous peasant peoples, and intercultural and Afro-Bolivian communities
of the Plurinational State of Bolivia.
Article 2. (OBJECTIVES). The present Law aims to:
1. Guarantee the equitable distribution and efficient use of the natural resource and
limited radio spectrum.
2. Ensure the exercise of the right to universal and equitable access to
telecommunications services, information technologies and
communication, as well as the postal service.
3. Guarantee the development and convergence of telecommunications networks and
Information and Communication Technologies.
4. Precaute the conservation of the environment through
responsible and planned use of the radioelectric spectrum,
adequate installation of infrastructure for the well-being of generations
current and future.
5. Promote the use of information and communication technologies to
improve the living conditions of Bolivian women and men.

Article 3. (CONSTITUTIONAL FRAMEWORK).

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I.

The electromagnetic spectrum is a natural resource, of a strategic nature,
limited and of public interest, of which the radioelectric spectrum is part, therefore
that at all times the Bolivian people will maintain ownership and control
on it and the State will administer it at its central level.

II.

The State is responsible, at all levels of government, for the provision of
telecommunications services and information and communication technologies, as well
as well as the postal service, through public entities, mixed, cooperatives,
community and in the case of telecommunications also through companies
private, through authorizations or contracts within the framework of the Constitution
State policy.
Article 4. (SCOPE OF APPLICATION). This Law applies to:

I.

Natural or legal persons, public or private, national or foreign,
cooperatives and communities that carry out activities and provide
telecommunications and information and communication technologies, originated, in
transit or terminated in the territory, as well as the postal service in the State
Plurinational of Bolivia.

II.

Autonomous departmental, municipal and indigenous territorial entities
original peasant.

Article 5. (PRINCIPLES). The telecommunications and technologies sector
Information and communication and the postal service will be governed by the following principles:
1. Universal access. The State, at all levels of government, will promote the
right to universal access to telecommunications and communication technologies
information and communication, as well as the postal service, for all
the inhabitants of the Plurinational State of Bolivia, in exercise of their
rights, mainly related to communication, education, the
access to knowledge, science, technology and culture.
2. Affordability. Telecommunications services and technologies
information and communication as well as the postal service, must be
provided at affordable prices to all the inhabitants of the State
Plurinational of Bolivia.
3. Quality. Telecommunications services and information technologies
and communication, as well as the postal service, must respond to indicators
of quality defined in national and international standards.
4. Continuity. Telecommunications services and technologies
Information and communication, as well as the postal service, must be provided in
permanently and without interruptions, except in cases provided for by law.
5. Inviolability. Conversations or private communications made to
through the use of telecommunications and information technologies and
communication, as well as the postal service, are inviolable and secret, not
They can be intercepted, interfered with, obstructed, altered, diverted,
used, published or disclosed, except in cases determined by
Law.

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6. Technological innovation. The State will promote the development of technology
own in the area of ​telecommunications and information technologies and
communication.
7. Technological neutrality. The State will promote the free adoption of
technologies, within the framework of national sovereignty and taking into account
recommendations, concepts and regulations of international organizations
competent and suitable in the matter.
8. Plurinationality. The State is made up of all the
Bolivians and Bolivians, the nations and indigenous indigenous peoples
peasants, and intercultural and Afro-Bolivian communities that in
together they constitute the Bolivian people.
9. Protection of the Environment. The development and exploitation of
telecommunications and information technology services and
communication, must be carried out in harmony with the environment,
operators and suppliers must comply with environmental legislation
and with the rights of Mother Earth.
10. Solidarity. The provision of telecommunications services and technologies
of information and communication, as well as the postal service will promote
adoption of mechanisms to achieve access to sector services
with lower income and groups with special needs, seeking
quality and affordable prices.
Article 6. (DEFINITIONS).
I.

For the purposes of this Law, the following main definitions are adopted,
without prejudice to the specific technical definitions contemplated.

II.

Regarding telecommunications and information and communication technologies:
1. Fixed wireless access. They are wireless access applications in which
the locations of the connection point of the user or end user and the point of
access to the network that will connect with the user or end user are fixed and
uses frequencies established in the National Frequency Plan to
fixed applications. Likewise, the user or end user may have coverage
restricted to the minimum network coverage limit (radio base or cell) that
corresponds to the place where the user terminal will be installed and it does not
it must work with more than one radio base station.
2. Mobile wireless access. They are wireless access applications in the
that the place of the connection point of the user or end user is mobile and
uses frequencies established in the National Frequency Plan to
mobile apps.
3. Authorization. It is the administrative act that enables the operator or provider
for network operation, the provision of services and the use of frequencies
electromagnetic, when it meets the established requirements and responds to
the plans approved by the Ministry of the sector.

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4. Technological convergence. Technological development that tends to agglutinate
various or all telecommunications services and technologies
information and communication through a single medium, team or
instrument of reception and, where appropriate, transmission .
5. Radio spectrum. It is the set of frequencies of the spectrum
electromagnetic services used for broadcasting services,
telecommunications and information and communication technologies.
6. Space station. It is a satellite equipped to provide services of
telecommunications between land points. Space stations can
be geostationary or non-geostationary.
7. Earth stations. They are land equipment equipped to receive, process
and transmit signals through a space station.
8. Receiving ground stations. They are stations that only receive
signals from space stations, but they cannot transmit.
9. Harmful interference. It is the emission, radiation or induction of
electromagnetic frequency that specifically degrades, obstructs or
interrupts the provision of an authorized service or the operation of a network
authorized.
10. Operator. It is the natural or legal person, public or private, cooperative or
community, which manages, controls, operates and maintains a network of
telecommunications and information and communication technologies with the
respective authorization.
11. Service provider. It is the natural or legal person, public or private,
cooperative or community, authorized to provide services of
telecommunications and information and communication technologies, to the
users and users.
12. Amateur radio. It is the natural person, authorized to carry out activities
non-profit radio communication across bands and frequencies
authorized, according to the definition adopted by the International Union of
Telecommunications - ITU.
13. Spectrum Orbit Resource - ROE. It is the natural resource constituted by the
orbit of geostationary satellites or other satellite orbits and the
radio frequency spectrum allocated or allocated to services
satellite radio communications by the International Union of
Telecommunications - ITU.
14. Network. These are the facilities that together establish connections or
communications between two or more points to conduct symbols, signals,
texts, images, voice, sounds, data, information of any nature or
other types of electronic signals, through physical lines, waves
electromagnetic, optical media or other type of connection. The teams and

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programs are part of the network. The networks may be: public network, private network
or others.
15. Departmental network. It is that telecommunications network and technologies of
information and communication, authorized to operate exclusively in a
Department.
16. National network. It is that telecommunications network and technologies of
information and communication, authorized to operate throughout the territory
national or in more than one department.
17. Private network. It is a telecommunications infrastructure operated by a
or several individual or collective persons for their exclusive use, without end
commercial, with the purpose of connecting or communicating facilities of
owned or controlled. This network is not interconnected with a network
public within the national territory or abroad.
18. Public network. It is the one used to provide services of
telecommunications and information and communication technologies to the public
in general, to which the terminal equipment of the users and the
users through certain endpoints.
19. Space segment. It is the ability to communicate in one or more
communications satellites, monitoring facilities and equipment,
telemetry, remote control, control, verification and other necessary related
for the operation of said satellites corresponding to the stations
control and monitoring.
20. Ground segment. It is made up of all the ground facilities
necessary for the provision of telecommunications services and
satellite information and communication technologies.
21. Telecommunications services. Are those whose provision and provision
the State guarantees the inhabitants for the exercise of the right to access
universal to telecommunications and information technologies and
communication.
22. Internet access service. It is the service to the public of access to the network
internet that is provided to users and users connected to the public network
by means of fixed or mobile terminal equipment, using physical line or frequencies
electromagnetic.
23. Space station service. It is the provision or operation of channels of a
satellite transponder to provide telecommunications services to
any point or points in the authorized service area.
24. Earth station service. It is the provision of communication channels
from an earth station to transmit signals to a satellite or receive signals
from a satellite or space station.

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25. Public voice over internet service. It is the service that allows
provision of voice communication through the internet network to and from the
public telephone network and another service network of the same type.
26. Universal telecommunications service. The defined set of
telecommunications services, information technologies and
communication whose provision is guaranteed for all users and
end users regardless of their geographical location, with a
determined quality and at an affordable price.
27. Rural service. It is a service provided to the public to perform
communications through fixed terminal equipment, domiciliary or access to the
public, within a rural area or between the rural area and any point within
of the national territory.
28. Telecommunications services to the public. Are those services
provided directly to the public by an operator or provider, including
reselling.
29. Local service. It is the telephone service to the public that is provided between
users and users connected to the public network, through terminal equipment
fixed or restricted coverage and located within a geographic area
defined, using physical line or specific electromagnetic frequencies
for this service.
30. Mobile service. It is the service to the public that is provided using frequencies
specific electromagnetic signals, through terrestrial radio base stations
distributed in cellular or microcell configuration and by means of equipment
mobile or portable terminals connected to these, whose service area
covers the entire Bolivian territory. Includes complementary services.
31. National long distance service. It is the telephone service to the public
borrowed between different urban or rural areas, or between different areas of
service, within Bolivian territory.
32. International long distance service. It is the telephone service to
public loan between an area located within Bolivian territory and another
located abroad.
33. Public access service. It is the service to the public provided through
public telephones, public booths, phone booths, telecentres,
infocentres, or others, by means of terminal devices that may include
traditional telephones, facsimile machines, computers or any
type of terminal equipment, used with coins, tokens, cards, or for payment
cash.
34. Signal distribution service. It is the service to the public that is
provided by subscription only through stations whose
broadcasts are distributed to be received by female and male users
determined. These services include the distribution of programming
television and / or audio.

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35. Broadcasting service. They are the services whose emissions are destined to
be received directly by the entire public without restriction other than
that of having a receiving device. These services include radio and
TV.
36. Resale service. It is the service to the public, switched or transmission,
that is provided by a provider that does not operate a public network, but that
uses the circuit and / or exchange infrastructure of a public network
operated by another owner.
37. Value-added service. It is the service to the public that uses
specific applications and do not use their own transmission circuits,
unless provided by an operator. These applications have effect
in the format, content, code, protocol, storage or similar aspects
of the information transmitted by the user and the user or provide
additional, different or restructured information, or allow you interaction
with stored information. They do not include real-time voice services or
internet access.
38. Information and Communication Technologies - ICT. It includes the
set of resources, tools, equipment, software,
applications, networks and media, which allow the compilation, processing,
storage, transmission and reception of information, voice, data, text,
video and images. Its components are considered hardware,
software and services.
39. Telecommunications. It includes the transmission, emission and reception, of
signals, symbols, texts, images, video, voice, sounds, data or
information of any nature or applications that provide them,
cable or physical line, radioelectricity, hertzian waves, optical media or
other radioelectric systems of any kind or species, through a
public or private network.

III.

40. User or user. It is the natural or legal person that uses the services
telecommunications and information and communication technologies, such as
final recipient. For the purposes of this Law, the partners of the
telecommunications cooperatives as users or users.
Regarding the postal service:
1. Recipient. It is the natural or legal person, public or private, to whom
directs a postal correspondence on behalf of the sender.
2. Entrust. It is postal delivery, with individual identification and control
whose unit weight should not exceed twenty kilograms.
3. International shipments. They are postal shipments imposed in the State
Plurinational company of Bolivia addressed to an address or recipient located
outside its territory, or vice versa, subject to customs control.
4. Postal delivery. It is all correspondence to be processed for delivery to the
address indicated by the sender or sender, which must be admitted,

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transported and distributed. Letters, postcards,
bank statements, receipts of all kinds, printed matter, advertising mailings,
books, catalogs, newspapers, periodicals, cecograms,
parcels, postal packages containing goods with or without
commercial value.
5. Messaging. It is the non-basic postal service that is performed locally or
national in larger volumes (bulk), issued by a sender
addressed to several recipients, who necessarily have values
aggregates.
6. Postal operator. It is the natural or legal person, public, mixed,
cooperative, community and private that has the respective license
to provide basic or non-basic postal service.
7. Designated public operator. It is the operator that the State has
entrusted with the provision of the Universal Postal Service in the
permanent and continuous, the provision of basic postal services, not
basic and others established for the postal service.
8. Sender. It is the user or user who sends postal correspondence to a
local, national or international recipient.
9. Express service. It is a non-basic postal service that has a
priority treatment, which requires the application and adoption of characteristics
special for admission, collection, classification, transport and delivery
of postal items, which necessarily have added values.
10. Postal service. It is the set of postal services, available to all
inhabitants of the national territory at all times, in any place and at a
affordable value, consisting of admission, classification, expedition,
transportation, distribution and delivery of postal items.
11. Basic postal service. It is the traditional correspondence that is
consisting of letters, postcards, prints recorded or made by
any other technical procedure, issued in an open, closed or
uncovered, that you have for the sender, recipient or for any of
them the character of current and personal correspondence, priority and not
priority of up to two kilograms in letters and postcards, printed and
packages up to two kilograms, cecograms up to seven kilograms,
special "M" bags containing books, newspapers and others up to thirty
kilograms and parcels weighing less than or equal to twenty kilograms.
12. Non-basic postal service. It is different from traditional mail that
must necessarily have the following added values: speed and
certain and guaranteed delivery time; individual identification by sending to
through the registration number; proof of individual acceptance;
availability of proof of delivery; track and trace; collection to
address and optional insurance.
13. Universal postal service . It is the sending and receiving of correspondence that
constitutes the minimum offer of the basic service, the provision of which is

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responsibility of the State and that is regulated in accordance with regulations
universally agreed.
14. Transportation of letter post. It is the non-basic postal service,
that land, air and river transport carry out as an activity
secondary, and necessarily have added values.
IV.

Regarding the signature and digital documents:
1. Digital certificate. It is a digital document digitally signed by a
Authorized certifying entity that links verification data of
signs a signatory and confirms their identity. The digital certificate is valid
only within the validity period, indicated in the digital certificate.
2. Electronic commerce. It is any relationship of a commercial nature, whether or not
contractual, with the intervention or from the use of one or more
digital communications.
3. Email . It is a network service that allows users and
users send and receive messages and files, through
electronic communication.
4. Digital document. It is any digital representation of acts, facts or data
legally relevant, regardless of the support used for your
fixation, storage or archiving.
5. Digital signature. It is the electronic signature that uniquely identifies its owner,
created by methods that are under the absolute and exclusive control
of its owner, susceptible of verification and is linked to the data of the
digital document in such a way that any modification of them
bring out your alteration.
TITLE II
COMPETENCES AND POWERS OF THE CENTRAL LEVEL OF THE STATE
AND THE AUTONOMOUS TERRITORIAL ENTITIES
SINGLE CHAPTER
COMPETENCES AND POWERS OF THE CENTRAL LEVEL OF THE STATE
AND THE AUTONOMOUS TERRITORIAL ENTITIES

Article 7. (COMPETENTIAL SCOPE IN TELECOMMUNICATIONS
AND INFORMATION AND COMMUNICATION TECHNOLOGIES).
I.

In accordance with the provisions of the Political Constitution of the State and Article 85
of Law No. 031, Framework of Autonomies and Decentralization, of July 19,
2010, corresponds to the central level of the State, through the Ministry in charge
of the telecommunications sector defined by regulations, exercise from
its exclusive powers the following attributions:

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1. Formulate policies, plans and programs that guarantee through the use of the
telecommunications and information and communication technologies,
improvement of the quality of life of Bolivian women and men and the
equitable access to educational, health and cultural opportunities, among others.
2. Formulate, approve and execute the governing policies of the
telecommunications and information and communication technologies,
radioelectric spectrum and the postal service, as well as the regulations,
regulations and plans needed throughout the country.
3. Formulate the policy to promote that the information and
communication, interconnected via the internet, are accessible to all
inhabitants of the country maintaining the availability, integrity and
confidentiality in the use of information technologies and
communication.
4. Promote and negotiate international treaties and conventions regarding
telecommunications and information and communication technologies and
Postal Service.
5. Know and resolve in a well-founded manner the hierarchical appeals filed
against the resolutions issued by the Regulatory Authority and
Telecommunications and Transportation Inspection.
6. Promote technological and services convergence in coordination with
the competent public entities.
7. Supervise, supervise and monitor the management and compliance with policies of the
telecommunications and information and communication technologies sector,
as well as the postal service, to the Regulation and Inspection Authority
of Telecommunications and Transportation.
8. Coordinate the construction of the society of knowledge and information and
development of telecommunications and information technologies and
communication with government entities of the State at its level
national and autonomous territorial entities.
9. Design, coordinate, propose standards in the field of telecommunications and
information and communication technologies, broadcasting and postal,
interconnection, rates and prices applicable throughout the national territory,
promoting comprehensive development and universal access to services
basic aspects of the sector within the framework of the sovereignty of the Plurinational State.
10. Promote the provision of services in telecommunications and technologies of
information and communication and postal within the framework of the principles of
universal access, continuity, quality and solidarity.
11. Formulate, propose or modify the National Frequency Plan, the Plan
National Telecommunications and Information Technologies and
Communication, and other applicable plans throughout the territory of the State
Plurinational.

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12. Promote and coordinate the participation of organized civil society for the
design of public policies and make effective social control of the quality of
public telecommunications and information technology services and
communication, as well as the postal service.
13. Exercise the international representation of Bolivia in the field of
telecommunications and information and communication technologies before
international organizations of the sector.
14. Coordinate the generation of specialized technical information on the sector to
their consideration in national censuses, specialized surveys and others.
15. Define for the entire national territory the frequency bands for use
exclusive and direct related to the security and defense of the State.
16. It is the exclusive competence of the central level of the State, all other competence
that is not contemplated in the Political Constitution of the State or in this
Law, which may be transferred or delegated by Law.
II.

In accordance with the provisions of the Political Constitution of the State and Article 85
of Law No. 031, corresponds to the central level of the State and the entities
territorial autonomous communities, exercise from concurrent jurisdiction the
following attributions:
From the central level of the State:
1. Manage, authorize and supervise the use of frequencies
electromagnetic networks in telecommunications, broadcasting and other networks, in
the national territory.
2. Supervise the use of electromagnetic frequencies of international scope,
in accordance with the international conventions and instruments signed by the
country.
3. Prepare and approve the National Frequency Plan, applicable throughout the
territory of the Plurinational State.
The Autonomous Departmental Governments :
Supervise the use of departmental electromagnetic frequencies,
according to the National Frequency Plan.

III.

This Law constitutes the basic legislation of shared competence
established in the Political Constitution of the State and Article 85 of Law No.
031:
1. Corresponding to the central level of the State to legislate, regulate and execute
the mobile phone and telecommunications service for its coverage
national, to safeguard the right to universal and equitable access to
according to Article 20 and compliance with the established powers

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in Article 298 paragraph I numeral 12 and paragraph II numerals 2 and 4 of
the Political Constitution of the State.
2. It corresponds to the central level of the State to legislate, regulate and execute the
fixed telephony services, private networks and broadcasting with greater reach
to an apartment.
3. The legislation for the development, regulation and execution of fixed telephony,
private networks and broadcasting, in accordance with the policies and plans
from the central level according to the following distribution to:

The Autonomous Departmental Governments:
1. Formulate and approve the regime and departmental policies of
telecommunications for fixed telephony, private networks and broadcasting,
in accordance with the general regime established in this Law and the policies
of the country's telecommunications established by the central level.
2. Regulate fixed telephony services, private networks and broadcasting
with departmental scope in accordance with the general regime established in the
this Law and the telecommunications services policies of the country
established by the central level.
The Autonomous Municipal Governments:
Authorize the installation of towers and antenna supports and networks, understanding
the latter as the implementation of the underground and aerial infrastructure in
the scope of its jurisdiction.
The Autonomous Peasant Native Indigenous Governments:
Authorize the operation of community radios in their jurisdiction, respecting
the norms and policies approved by the central level of the State.

TITLE III
TELECOMMUNICATIONS

FIRST CHAPTER
RADIOELECTRIC SPECTRUM

Article 8. (NATIONAL FREQUENCY PLAN).
I.

The National Frequency Plan will regulate the equitable and efficient use of the
radioelectric spectrum at the national level, considering, among others, the aspects
economic, security, educational, scientific, public interest and technical
in accordance with State policies, national interests and commitments

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international approved standards, in order to optimize their use and avoid
harmful interference.
II.

The administration, assignment, authorization, control, supervision and supervision
the use of electromagnetic frequencies in telecommunications networks,
broadcasting and others in the national territory corresponds to the central level of the
State through the Authority for the Regulation and Inspection of
Telecommunications and Transportation, according to the National Frequency Plan.
Article 9. (USE OF THE RADIOELECTRIC SPECTRUM).

I.

The rights of use of the radioelectric spectrum derived from a license of
broadcasting may not be assigned, leased, sold, transferred or pledged,
except in special and specific cases established in regulations,
duly approved by the Authority for the Regulation and Inspection of
Telecommunications and Transportation.

II.

A license is required to use spectrum frequencies
radioelectric, except for those frequencies that occur as a result of
emissions from the use of industrial, scientific and medical equipment that
use the radio spectrum; nor for the operation of radiators
involuntary; nor for the operation of voluntary radiators with very high power
low, according to what is established in the regulations.

III.

The National Frequency Plan may establish frequency bands for use
free, considering recommendations of the International Union of
Telecommunications - ITU.

Article 10. (FREQUENCY DISTRIBUTION FOR
BROADCASTING).
I.

The distribution of the total channels of the frequency band for the service of
FM broadcasting and analog television nationwide
where there is availability, it will be subject to the following:
1. State, up to thirty-three percent.
2. Commercial, up to thirty-three percent.
3. Community social, up to seventeen percent.
4. Peasant native indigenous peoples, and intercultural communities and
Afro-Bolivian women up to seventeen percent.
The assignment of frequencies will be carried out as follows:
1. The frequencies destined to the State will be defined by the Executive Organ
from the central level.
2. The frequencies destined to the commercial sector will be assigned by tender.
public.

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3. The frequencies destined to the community social sector and the towns
native indigenous peasants, and intercultural communities and
Afro-Bolivian women, will be assigned through a project contest, and their
Qualification will be carried out using objective indicators.
II.

Technical and regulatory details, such as the public tender procedure
and that of project competition, will be established by regulation.

III.

The distribution of frequency bands for the broadcasting service
digital television will be established in the respective implementation plan
approved by supreme decree.

IV.

The assignment of amplitude modulated and short wave bands for the service of
broadcasting, will respond to regulations.
Article 11. (ASSIGNMENT OF FREQUENCIES FOR STATE USE).

I.

For the operation of the transmitting stations used in the service of
state broadcasting, as well as services for security and defense
of the State, the assignment of electromagnetic frequencies will be directly.

II.

The information related to the assignment of frequencies for the services of
security and defense of the State, is reserved.

Article 12. (INTERFERENCE). Harmful Spectrum Interference
radioelectric should be avoided, the Authority for the Regulation and Inspection of
Telecommunications and Transportation will impose technical standards to control said
interference and may impose appropriate penalties on the operator of the offending device,
according to regulation.
Article 13. (ILLEGAL EMISSIONS).
I.

Emissions or transmissions of electromagnetic waves shall be considered illegal
that have not been duly authorized or are carried out outside the parameters
technicians fixed in the granting of the license.

II.

The Telecommunications and Transportation Regulation and Supervision Authority
may order the confiscation of the signal generation equipment and antennas of
used without a license, or if the broadcast causes undue interference
in coverage areas established for other emissions, or if the same
compromised air traffic, aircraft safety, security services,
civil defense, security or defense, according to administrative process.

CHAPTER TWO
REGULATORY AND SUPERVISORY AUTHORITY
OF TELECOMMUNICATIONS AND TRANSPORT

Article 14. (OF THE REGULATORY AUTHORITY AND
TELECOMMUNICATION AND TRANSPORT CONTROL). The

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Authority for the Regulation and Supervision of Telecommunications and Transportation, in what is
refers to telecommunications, information and communication technology and postal service,
has the following powers:
1. Comply with and enforce this Law and its regulations, ensuring the
correct application of its principles, policies and objectives.
2. Authorize, regulate and supervise the services of fixed and mobile telephony and all
telecommunications and information technology networks and services and
communication, as well as the postal service nationwide.
3. Regulate the general system of rates and prices, for the services of
fixed telephony, mobile, long distance, telecommunications and
information provided throughout the national territory, regardless of
your coverage, as well as the postal service.
4. Publish, control and supervise, prices and rates in accordance with the
regulations and the general regime.
5. Regulate, control, supervise and supervise the correct provision of the
services and activities by operators or providers of
telecommunications and information and communication technologies,
postal service and authorized certifying entities and compliance
of its legal and contractual obligations.
6. Grant, modify and renew authorizations and provide for the expiration or
revocation of the same, within the framework of the Law and regulations
corresponding.
7. Regulate, authorize, control, supervise and coordinate the use of the spectrum
radioelectric and carry out the technical check of the emissions
electromagnetic in the territory of the Plurinational State.
8. Supervise and control the means and equipment through which they are issued
electromagnetic waves and protect them from any harmful interference,
irregularity and disturbance to telecommunications systems and
Information and Communication Technologies.
9. Standardize telecommunications and information technology equipment and
communication throughout the country.
10. Regulate, control, supervise and authorize the interconnection of networks of
telecommunications and information and communication technologies that
provide telecommunications services (landline, mobile and others) with
departmental and national scope, and approve the basic offers of
interconnection and interconnection agreements.
11. Know and resolve, in a substantiated manner, in the first instance the
Appeals for revocation that are presented by administrative means.
12. Prepare and maintain the fundamental technical plans defined by the
International Telecommunication Union - ITU, and establish the standard

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technical necessary to operate and improve telecommunications services,
those that will be applicable throughout the country.
13. Intervene to operators or suppliers and entities under their attribution
auditor and designate the auditors with administrative powers,
when there are grounds established in this Law and the
regulations.
14. Approve the model contracts, terms and conditions between the supplier
services or the postal operator and the users, according to
regulation.
15. Prepare, update and modify manuals, instructions, circulars and
procedures to be applied in the sector.
16. Cover the financial obligations that correspond to your participation in
national and international organizations of the telecommunications sector to
those that belong and the obligations of the Plurinational State of Bolivia
with the International Telecommunications Union - ITU.
17. Regulate and manage the identification resources used in the
provision of telecommunications networks and services and any other
resource that currently or in the future identifies networks and users.
18. Carry out technical audits of the radioelectric spectrum and of the
certification at the national level.
19. Coordinate with the stakeholders involved, the advancement, development of
information and communication technologies, providing support and advice
technical at the territorial and sectoral level.
20. Submit to the Ministry of the sector reports on the development of services,
reflecting their actions, observations and suggestions to promote the
development of telecommunications and information technologies and
communication and postal service.
21. Coordinate the implementation of prevention policies in the areas
communication, information and dissemination against racism and all forms of
discrimination and carry out sanctioning processes.
22. Others derived from this Law or by express regulation.
Article 15. (SECTOR INFORMATION SYSTEM). The Authority of
Regulation and Supervision of Telecommunications and Transportation will create, maintain,
will update and publish online via the internet, a sector information system with data
statistics, variables and relevant indicators of the telecommunications sector and
information and communication technologies, as well as the postal service. The system
Information will contribute to the development of services, the fulfillment of goals, strategies,
sector programs and projects, as well as the transparency of sector information.
CHAPTER THREE
SATELLITE COMMUNICATION

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Article 16. (SATELLITE NETWORKS). It is the responsibility of the Authority of
Regulation and Supervision of Telecommunications and Transportation the assignment, control,
control, supervision and administration of the radioelectric spectrum associated with networks
satellite, which covers the geographical area of ​the Plurinational State. These resources will be
assigned according to the provisions contained in this Law and its regulations.
Article 17. (ORBIT RESOURCE - SPECTRUM - ROE).
I.

The natural resource Orbit - Spectrum and associated frequencies registered in the name
of the Plurinational State of Bolivia, in accordance with the Regulations of
Radiocommunications of the International Telecommunications Union - ITU, is
will assign to the Bolivian Space Agency - ABE, for use in satellite networks
Bolivian women, primarily in the Tupak Communications Satellite Program
Katari, being exempt from the payment of the Tax and Regulation fee, the right to
allocation and use of frequencies and contributions to the financing of
telecommunications aimed at universal access to telecommunications and
Information and Communication Technologies.

II.

The Telecommunications and Transportation Regulation and Supervision Authority
will grant the respective authorization in accordance with the provisions of paragraph
above, to the Bolivian Space Agency - ABE.

III.

In the event that the Bolivian Space Agency - ABE, does not use the resources
available from Orbit - Spectrum and its associated frequencies, its use will be
defined according to the comprehensive policies of the Telecommunications and
Information and Communication Technologies.

Article 18. (COORDINATION WITH ADMINISTRATIONS OF
EXTERNAL SATELLITES).
I.

The processes of coordination of national satellites with administrations of
external satellites must be carried out by the Executive Branch at the head of the
Ministry of Public Works, Services and Housing, as representative entity
of the Plurinational State before the International Telecommunications Union ITU, applying the principles set forth in the Regulations for
Radiocommunications and respecting the priorities of the Spectrum Orbit Resource
- ROE, assigned to the country.

II.

The Authority for the Regulation and Supervision of Telecommunications and
Transport, will grant the same rights for the operation and exploitation of a
foreign satellite over its territory, than those granted by third countries to
Bolivian satellites, in application of the principle of reciprocity established in the
Radio Regulations of the International Union of
Telecommunications - ITU.
Article 19. (RECEIVING GROUND STATIONS).

I.

Receiving earth stations that do not provide services to the public do not
they require a license and are not protected from harmful interference.

II.

The receiving earth stations of the operator or service provider to the public
must register their operations with the Regulation and Inspection Authority
of Telecommunications and Transportation in accordance with the requirements established in
the rules.

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CHAPTER FOUR
TELECOMMUNICATIONS INFRASTRUCTURE
Article 20. (INSTALLATION OF ANTENNAS).
I.

The installation of transmitting antennas requires a license to use frequencies
prior, of the Authority for the Regulation and Supervision of Telecommunications and
Transportation.

II.

The installation of antennas for the reception of satellite signals, national or
foreign, by users or end users, without redistribution purposes
commercial, it is a free activity, not subject to license.

III.

The request for the installation of towers and antenna supports to be made by the
telecommunications network operators before autonomous governments
municipalities, will require the prior license for the use of frequencies, from the
Regulation and Supervision of Telecommunications and Transportation.

IV.

The request in case the municipal autonomous government did not issue
corresponding resolution within a period of forty-five business days, the
will be authorized.
Article 21. (ACCESS AND SHARED USE).

I.

It is the obligation of the operators to grant access and shared use of
infrastructure in its telecommunications networks, including co-location to
another operator or provider that requests, according to regulations
correspondent.

II.

The conditions required by an operator for the access and shared use of
infrastructure in their telecommunications networks, they cannot be less
advantageous than those required of other operators or third parties under the same or
equivalents. Said operator will be entitled to receive a consideration
reasonable, cost-oriented, the same that will be established by the
Regulation and Supervision of Telecommunications and Transportation.

Article 22. (MODALITIES OF ACCESS AND SHARED USE OF
INFRASTRUCTURE).
I.

Access and sharing of infrastructure in your telecommunications networks
It can be done in two ways:
1. By agreement between the parties, through a written contract, establishing
a negotiation period according to regulations.
2. By resolution of the Authority for the Regulation and Inspection of
Telecommunications and Transportation, responding to the public interest, once

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that the negotiation period has expired, and the parties have not arrived
an agreement.
II .

In both modalities the technical, commercial,
economic and legal, as well as the grounds for its resolution, having to
adopt the necessary mechanisms to safeguard the rights of users
and users of the services involved.
Article 23. (SERVANTS).

I.

At the request of the authorized operator, the Regulation and Inspection Authority
Telecommunications and Transportation, may establish easements for the
laying of public telecommunications networks, construction of works and other
public facilities of the sector. The procedures will be established in the
regulation.

II.

When the easement has to be imposed on private property, the
compensation or compensatory amount will be established in direct negotiation between
the operator and owner of the property. In case they could not reach a
agreement within the term established by regulation, said amount will be determined by
the Telecommunications and Transportation Regulation and Supervision Authority.
The simple aerial passage of public network cables does not give the right to payment
countervailing.

Article 24. (OBLIGATION TO INSTALL FIBER OPTICS OR DUCTS
AND CAMERAS).
I.

Infrastructure projects that provide electric power services,
hydrocarbons and transportation must incorporate the installation of fiber optics or
ducts and chambers, subject to the terms and conditions to be established in
regulations and plans approved by the Ministry of Public Works, Services
and Housing, aimed at living well for all Bolivians.

II.

The Telecommunications and Transportation Regulation and Supervision Authority
in coordination with the electric power, hydrocarbons and transport sectors
establish, if applicable, the necessary mechanisms for the recognition of
the investments made, in compliance with the provisions of this Law.

III.

Investments in telecommunications infrastructure may be made in
the framework of concurrent financing, especially between the central level
of the State, autonomous departmental governments and autonomous governments
municipal.

CHAPTER FIVE
AUTHORIZATIONS AND CONTRACTS FOR THE PROVISION
OF TELECOMMUNICATIONS SERVICES
AND INFORMATION AND COMMUNICATION TECHNOLOGIES

Article 25. (OPERATION OF NETWORKS AND PROVISION OF SERVICES).

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I.

The State through the Authority for the Regulation and Inspection of
Telecommunications and Transportation will grant authorizations for the operation of
networks and provision of services through licenses and contracts under the terms of the
present Law.

II.

The provision of telecommunications and information technology services
and communication, will be carried out through public entities, mixed, cooperatives,
community and private companies.
Article 26. (OF THE CONTRACT).

I.

For the provision of services and operation of telecommunications networks and
information and communication technologies operators or suppliers
require a single license or broadcasting license and must subscribe a
contract with the Telecommunications Regulation and Supervision Authority and
Transportation, according to the terms indicated in this Law.

II.

The general conditions of the contract must be aimed at guaranteeing:
1. The fulfillment of the requirements for an adequate operation and provision
of the telecommunications and information technology service and network and
communication.
2. Suitable mechanisms for the information and protection of the rights of
users and users.
3. Adequate access to services for people in a situation of
disability.
4. The rights and obligations regarding the interconnection of networks and the
interoperability of networks, user rights, rates,
network expansion and development, scarce resources, billing, emergency and
other
5. The quality of the service.
6. The protection of people's data.
7. Subjection to current national legislation.

Article 27. (CONTENT OF THE CONTRACT). The contract in addition to the
general requirements established by law, it must contain the following minimally:
1. Purpose, term.
2. The operations and services of telecommunications and technologies of
information and communication that are authorized.
3. Regime of the quality of the service.
4. The service areas and the schedule for the start of operations in each
service and area.

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5. Duties and fees.
6. Forms of termination of the contract.
7. Bonds and other performance guarantees.
Article 28. (LICENSES).
I.

For the provision of services and operation of telecommunications networks and
information and communication technologies, the licenses are:
1. Single license.
2. Specific authorization.
3. Broadcasting license.
4. License for the use of frequencies.
5. License for private networks.
6. License for value-added services.
7. License for the provision of satellite services.

II.

The licenses will be granted to natural or legal persons domiciled in the
country, will be subject to the jurisdiction, laws and Bolivian authorities, not
being able to invoke a situation of exception, or appeal to claims
diplomats to obtain more favorable treatment.

III.

Broadcasting licenses will not be granted to natural or legal persons
foreign; In the case of companies, the participation of foreign investment does not
may exceed twenty-five percent, except as determined by the State to
through International Agreements and Treaties.

IV.

The information of a technical and economic nature that is presented by the
Applicant, to obtain licenses, will be considered confidential.
Article 29. (SINGLE LICENSE).

I.

The Telecommunications and Transportation Regulation and Supervision Authority
will grant the sole license, to public, mixed, cooperative, community entities
and private company for the operation of networks or the provision of
telecommunications and information and communication technologies, throughout the
national territory, with departmental or national scope through a contract
signed between the Telecommunications Regulation and Supervision Authority
and Transport and the operator or supplier.

II .

The single license will be granted after presentation, review, acceptance of the
legal, technical and economic requirements to be established in regulations.

III.

When the service requires the use of frequencies, the license for its use
It will be granted through an independent process, in accordance with this Law.

IV.

The Authority for the Regulation and Supervision of Telecommunications and
Transportes, will grant the requested licenses avoiding the duplication of
infrastructure, within the framework of the policies and plans approved by the
Ministry of Public Works, Services and Housing.

V.

The validity of the Single License will be fifteen years, and may be renewed by
only once for the same period, provided that the owner has complied with the
provisions provided for in this Law and its regulations.

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Article 30. (BROADCASTING LICENSE).
I.

The Telecommunications and Transportation Regulation and Supervision Authority
will grant the broadcasting license for the operation of networks and provision of
radio and television services, to applicants who wish to operate a network or
provide the service with national or departmental scope, after obtaining the
frequency license and presentation of the established requirements and when
determined by the plans approved by the Ministry of Public Works, Services
and Housing, aimed at living well for all Bolivians, through
of a contract signed between the Authority for the Regulation and Inspection of
Telecommunications and Transportation and the operator or provider.

II.

The validity of the broadcasting licenses will be fifteen years, and may be
renewed only once for the same period, provided that the owner has
complied with the provisions set forth in this Law, its regulations and the
respective license. The unemployed operator may participate in the tender for the
granting of a new license.

III.

No natural or legal person, by himself or through an intermediary person, may obtain
broadcasting license in the same service area, for more than one station
of radio in the same frequency band. On open television, you will not be able to
obtain a broadcasting license in the same service area for more than one
analog or digital television station. This same restriction operates with
relationship to the shareholders of a company that has a license for such
services.

IV.

The restrictions established in the previous paragraph do not apply to
allocations to the State.

V.

To access the broadcasting license, the natural or legal person, owner or
majority shareholder of companies that have no relationship with the
communications and information, must guarantee compliance with the
principles established in Article 21 numerals 2, 3, 5 and 6 and Articles 106 and
107 of the Political Constitution of the State.
Article 31. (SPECIFIC HABILITATION).

I. Operators and suppliers that have a single license, which enables
provide various services, to enable a service that had not been implemented
at the time of granting the single license, they will require the Authority of

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Regulation and Supervision of Telecommunications and Transport, an authorization
specific.
II.

The authorization authorizes the provision of a specific service, granting rights and
obligations inherent to the service or activity for which the
operator or provider.
Article 32. (LICENSE FOR THE USE OF FREQUENCIES).

I.

The Telecommunications and Transportation Regulation and Supervision Authority
Through Administrative Resolution it will grant the license for the activities of
telecommunications that make use of frequencies, as long as they comply with the
established requirements and when so determined by the plans approved by the
Ministry of Public Works, Services and Housing. By party request
interested party, it may be granted in the case of private networks or radio links
required for networks in operation, subject to compliance with the requirements
established and if the frequencies are defined for the use requested in the Plan
National Frequencies.

II.

The license does not grant any ownership rights and is limited to the right of use
of the frequency (s) from the date of grant for a limited period.

III.

The Telecommunications and Transportation Regulation and Supervision Authority
may modify the user license without affecting the services provided to the public
frequencies and the assigned bandwidth, without the right to remuneration or
any compensation, in the following cases:
1. For reasons of State security.
2. For the introduction of new technologies and services.
3. To troubleshoot interference.
4. To comply with the modifications of the National Plan of
Frequencies.

IV.

According to the availability of frequencies, the Regulatory Authority and

IV.

According to the availability of frequencies, the Regulatory Authority and
Telecommunications and Transportation Inspection may authorize the use of
new frequencies for the cases foreseen in the previous numerals.

V.

The Telecommunications and Transportation Regulation and Supervision Authority
Based on the National Frequency Plan, it will establish the maximum width limit of
band that can be authorized to the same owner in order to ensure its use
efficient.

VI .

Licenses for the use of point-to-point frequencies by
private telecommunications network operators may be granted directly, to
party request and in accordance with the provisions of the National Plan for
Frequencies.

VII.

The term of the licenses will be fifteen years, which may be renewed by
only once for the same period, provided that the owner has complied with the
provisions provided for in this Law and its regulations.

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Article 33. (PRIVATE NETWORK LICENSE).
I.

The Telecommunications and Transportation Regulation and Supervision Authority
Through Administrative Resolution, it will grant a license for the operation or use of
private networks that extend outside the property of the owner of the same and
radio amateurs, according to regulations.

II.

The license will be valid for five years, renewable for a similar period,
provided that its owner has complied with the provisions set forth in this Law and
in its regulations.
Article 34. ( VALUE ADDED LICENSE).

I.

The Authority for the Regulation and Supervision of Telecommunications and
Transportation, through an Administrative Resolution, will grant a license for the
provision of value-added services.

II.

The license will be valid for five years, renewable for a similar period,
provided that its owner has complied with the provisions set forth in this Law and
in its regulations.

III.

An operator that has a license to operate a public network is left
authorized to provide value-added services without requiring a license
previous.

Article 35. (LICENSE FOR THE PROVISION OF THE SERVICE
SATELLITE).
I.

The Telecommunications and Transportation Regulation and Supervision Authority
will grant the license for the provision of satellite services, upon presentation
of the requirements according to regulation.

II.

The validity of the license for the provision of satellite services through
space stations will be fifteen years renewable one time, equally
period, based on a procedure to be established by regulation.

III.

The validity of the license for the provision of satellite services through
earth stations will be fifteen years renewable one time, equally
period, provided that it has complied with the provisions set forth in this Law and
in its regulations.

IV.

The licenses will be registered in the national registry, in charge of the Authority of
Regulation and Supervision of Telecommunications and Transportation.

V.

No individual or collective person subject to the laws of the Plurinational State
de Bolivia will provide, resell or assist in the provision of station services
space or earth station in Bolivia, without prior license granted by the
Telecommunications and Transportation Regulation and Supervision Authority.

Page 25

Article 36. (GRANTING OF LICENSES IN THE RURAL AREA).
I.

For the operation of public networks and provision of services
telecommunications and information and communication technologies in rural areas,
A license may be obtained under the direct granting procedure, in accordance with
regulation.

II.

Any individual or collective person, legally established in the country,
interested in operating networks and providing telecommunications services and
information and communication technologies in rural areas, you must present a
request to the Telecommunications Regulation and Supervision Authority and
Transportation, accompanying the requirements and minimum information according to
established in regulation.

III.

Due to its social nature, the operation of public networks and the provision of
telecommunications in rural areas, are exempt from the payment of taxes and rights of
allocation and use of frequencies and contributions to the financing of the
telecommunications projects aimed at universal access to
telecommunications and information and communication technologies.

Article 37. (AUTHORIZATIONS FOR PUBLIC COMPANIES
STRATEGIC). Strategic public companies defined by the central level of the
State, in the telecommunications and information and communication technologies sector,
recognized as such by Supreme Decree and telecommunications companies
with majority state participation will obtain from the Regulatory Authority and
Supervision of Telecommunications and Transport licenses directly, prior
presentation of the requirements, technical and economic conditions, assignment payment and
others, to be determined in regulations.
Article 38. (SINGLE REGISTRY OF LICENSES). The Authority of
Regulation and Supervision of Telecommunications and Transportation, will create and administer the
single registry of licenses granted to operators and providers of networks and services
telecommunications and information and communication technologies, which must be
periodically updated and available online.
Article 39. (PROHIBITIONS FOR THE GRANTING OF
LICENSES). No licenses will be granted to:
1. The dignitaries of the Executive, Legislative, Judicial, Electoral,
active military and police personnel and Executive Director of the Authority
of Regulation and Supervision of Telecommunications and Transportation, either
personal title or as members of a society. In case said
character is supervening to the authorization, it will not generate incompatibility.
2. Those people who are related up to the first degree
of consanguinity or affinity with dignitaries of the Executive Bodies,
Legislative, Judicial, Electoral, the Minister of Public Works, Services and
Housing, the Vice Minister of Telecommunications, the Authorities of the
Telecommunications Regulation and Supervision Authority and
Transportation.

Page 26

3. Those natural or legal persons, members of boards or councils
directors and partners of legal persons who, for any reason, are
has revoked their license to operate a network and provide services of
telecommunications and information and communication technologies or
revoked the license to make use of the radioelectric spectrum.
4. Those people who have an enforceable statement of charge, sentence
final conviction in criminal matters, pending compliance.

CHAPTER SIX
REVOCATION AND TRANSFER
Article 40. (REVOCATION). The Regulatory and Supervisory Authority of
Telecommunications and Transportation, will revoke the licenses and terminate the contracts, according to
corresponds for the following reasons:
1. When the operator transfers, assigns, leases or performs any act of
provision of a license, except in special and specific cases
established in regulations, duly approved by the Authority of
Regulation and Supervision of Telecommunications and Transportation.
2. By express request of the operator or provider.
3. When a declaration of bankruptcy is issued against the operator and the same
be declared enforceable according to Law.
4. When the operator has not started the operation of the network or the provision of
telecommunications and information technology services and
communication to the public during the twelve months after the award
of the single license and license for the use of frequencies.
5. When the operator has not started the operation of services of
broadcasting to the public during the six months after the granting of
the broadcasting license and license for the use of frequencies.
6. When the operator provides a different service or modifies the object for the
which obtained the license without prior authorization from the
Regulation and Supervision of Telecommunications and Transportation.
7. When the operator, after having received a notification from the
Telecommunications Regulation and Supervision Authority and
Transport, on the breach of contractual provisions, legal
and regulations, do not correct or remedy them within the deadlines indicated by the
contract or applicable regulations.
8. In the event that an operator or provider fails to pay the right of use
of frequencies by two managements.
9. For any other cause established in the respective contracts.
Article 41. (REVOCATION DECLARATION).

Page 27

I.

For the reasons indicated in the preceding Article, the Regulatory Authority and
Telecommunications and Transportation Inspection will declare the revocation of the
license by means of a duly substantiated Administrative Resolution.
The Resolution will not be effective as long as administrative appeals are pending.
of revocation or hierarchical and the corresponding jurisdictional route. In the cases
established in the regulations and in order to guarantee the continuity of the service
Telecommunications and Transportation Regulation and Supervision Authority,
may order the intervention while proceeding to grant the corresponding
licenses in favor of a new operator.

II.

Article 42. (RENEWAL OR TRANSFER TO THE NEW
OPERATOR). Upon expiration of the term of the contracts signed between the former
Superintendency of Telecommunications - SITTEL, the former Supervisory Authority and
Social Control of Telecommunications and Transport - ATT or the Authority for Regulation and
Supervision of Telecommunications and Transportation and the operators or suppliers or, the
declaration of expiration of the contract, you can choose to:
1. The renewal of the contract (s) and licenses according to the plans
prepared by the Ministry of Public Works, Services and Housing, if
corresponds.
2. The public tender to grant the corresponding licenses in favor of
a new operator under the following provisions:
to. Grant the right to use the frequency, with more facilities,
equipment and works directly related to the operation of the network and
provision of the service, through a new contract, which requires the
new operator to pay the unemployed operator of the facilities,
equipment and works of the unemployed operator, taking as reference the
book value, deducting the expenses incurred in the process of
tender, fines and other pending payments.
b. In the event of expiration of the term, the unemployed operator may participate
in the tender for the granting of a new license.
c. The provisions established in this Article do not apply to
broadcasting services and private networks.

CHAPTER SEVEN
TARIFF REGIME

Article 43. (TARIFF POLICY).
I.

The central level of the State through the Regulation and Supervision Authority
of Telecommunications and Transportation, will regulate the general rate and
prices for telecommunications and information technology services and
communication, provided throughout the national territory, regardless of their
coverage, according to conditions and methodologies established in the regulations
of this Law.

II.

The rate and price structure for all telecommunications services and
information and communication technologies and postal service provided to the
public, must comply with the following general precepts:

Page 28

1. The rate and price structure will reflect the costs demanded by the
efficient provision of each service.
2. In telecommunications and information technology services and
communication, the rate structure will meet the principles of solidarity and
affordability, so that pricing options are included for female users or
lower income users.
3. The rate structure will be designed to promote the efficient use of the
services and will not include anti-competitive aspects.
4. Cross subsidies between services provided in
different networks.
5. No service provider may discriminate against users who
are in similar circumstances, in relation to rates and prices.
III.

Volume discounts will be allowed as long as they are supported by reduction
of costs, discounted rates are made public and applied in a manner not
discriminatory to users or users who are in circumstances
Similar.

IV.

Operators may establish the start of their billing cycles, always
that are regular and comply with current billing provisions,
collection and court.

V.

In telecommunications services, time slots will be established for
fees charged for communication time. The services to which they will apply
the time slots will be established in regulations.
Article 44. (PUBLICATION OF RATES).

I.

The Authority for the Regulation and Supervision of Telecommunications and
Transport, will establish formats and basic conditions for the publication of rates
to service providers and publish them on its website, so that the
user or the user has complete, comparable and timely information.

II.

Operators must publish on the internet, written means of circulation
national or regional and broadcasting as applicable, their rates and prices with
prior to the effective date of any change to them. A copy of the
Publication must be sent to the Authority for the Regulation and Inspection of
Telecommunications and Transportation.
CHAPTER EIGHT

Page 29

INTERCONNECTION AND ACCESS

Article 45. (MANDATORY INTERCONNECTION AND ACCESS).
Public telecommunications networks must be interconnected,
under the following conditions:
1. Interoperability of telecommunications networks.
2. Access to the elements of the networks and essential facilities of
telecommunications necessary to promote the provision and
commercialization of services, content and applications.
3. Timely attention to all interconnection requests.
4. Provide interconnection of the same type, quality and functionality to the
operators that request it, according to the requirements established by
regulation.
5. Functionally compatible networks must be interconnected,
direct or indirect way, respecting non-discrimination,
proportionality, reciprocity, transparency of terms and conditions
access and interconnection.
6. Provide true and reliable information to the Regulatory Authority and
Inspection of Telecommunications and Transportation on costs
related to interconnection that affect the determination of the
rates for users or end users.
7. Mandatory nature of the separation of accounts related to activities at the
interconnection and access.
8. Others established in regulations.
Article 46. (LIMITATION AND INTERRUPTION OF THE
INTERCONNECTION).
I.

The Telecommunications and Transportation Regulation and Supervision Authority
may limit the obligation to interconnect in case the networks are not
technically or functionally compatible, are used for purposes that are not
authorized or the proposed interconnection represents substantial danger to
facilities, networks and equipment of the requested operator or threatens life or
security of the users of any of the networks and other cases that
point out the regulation.

II.

The interconnection may not be interrupted, totally or partially, without prior
written authorization of the Authority for the Regulation and Inspection of
Telecommunications and Transportation in the cases and conditions provided in
regulation.
Article 47. (INTERCONNECTION MECHANISMS).

Page 30

I.

The interconnection can be done through:
1. Adherence to the basic interconnection offer of the operator with whom the
wishes to establish the interconnection with the approval of the
Regulation and Supervision of Telecommunications and Transportation.
2. By interconnection agreement negotiated and defined between the parties, with the
approval of the Authority for the Regulation and Inspection of
Telecommunications and Transportation.
3. By interconnection agreement or adhesion to the basic interconnection offer
of a third operator, interconnected to the operator with whom you want
establish interconnection.
4. Failure to comply with the interconnection according to the conditions
established in any of the interconnection mechanisms, the Authority
Regulation and Supervision of Telecommunications and Transportation may
intervene and order its compliance.

II.

The Telecommunications and Transportation Regulation and Supervision Authority
will intervene in cases of interconnection conflicts between operators.

Article 48. (INTERCONNECTION CHARGES AND PRICES OF
DISAGGREGATED ELEMENTS AND SUPPORT SERVICES).
I.

Maximum prices for interconnection charges and item prices
disaggregated and support services of an operator, will be established by the
Telecommunications and Transportation Regulation and Supervision Authority,
based on the methodology established in the regulation.

II.

The prices of interconnection charges will be applied by the operators and
suppliers in national currency, with fractionation to the second and by time
effective communication for each operator.

III.

In the interconnection, time slots may be established for the charges of
interconnection.
Article 49. (ITINERANCE OR ROAMING IN RURAL AREAS).

I.

To guarantee national coverage to users, all operators of
mobile service will have the obligation to provide the roaming support service or
roaming at least for telephone communications to users
from another operator that does not have mobile coverage in rural areas, according to
to regulation.

II.

Mobile service operators will guarantee the compatibility of their networks in
any geographic area in such a way that they behave as a single network of
national coverage and its use is transparent to any user.

III.

The Telecommunications and Transportation Regulation and Supervision Authority
is in charge of supervising, controlling, supervising the implementation of the

Page 31

roaming or roaming service in rural areas, as well as determining the
rates in case the operators do not reach an agreement.
Article 50. (INTERCONNECTION BETWEEN SUPPLIERS OF
INTERNET). Internet providers must compulsorily establish and accept
interconnections with each other, within the national territory, through an exchange point
traffic, in order to carry internet traffic, according to the established conditions
by regulation.

CHAPTER NINE
PUBLIC SERVICES ON THE INTERNET
Article 51. (PUBLIC SERVICES ON THE INTERNET).
I.

The operators of public services on the Internet, with authorizations from the
Telecommunications and Transportation Regulation and Supervision Authority,
they will be able to structure their networks freely in order to obtain the most
efficiency of them and provide an adequate quality of service in accordance with
its technical characteristics, complying with the legal provisions,
regulatory and technical telecommunications, which correspond according to
this Law, the regulation, its license and the applicable regulations, according to its
nature.

II.

The regulations to this Law must establish the conditions and characteristics
of the public voice over internet service, understood as the service that allows
the communications that are made between users of this service and
users or users of the public telephone network or another network of an operator or
public service provider of the same type, or vice versa, for which it requires
count, among other aspects, with interconnection and numbering.
CHAPTER TEN
NUMERATION
Article 52. (LIMITED RESOURCE NUMBERING).

I.

The numbering used in telecommunications services and communication technologies
information and communication is a limited resource and it is your
administration, control and supervision of the Regulatory Authority and
Supervision of Telecommunications and Transportation throughout the territory of the State
Plurinational, in accordance with the provisions of the Fundamental Technical Plan of
Numeration.

II.

In the Fundamental Technical Plan of Numbering it is established, the numbers and series
of adequate numbers for all telecommunications services and
Information and Communication Technologies.

III.

The numbering resources are granted objectively, transparently and not
discriminatory.

IV.

The numbering attributes that are granted in accordance with this Law,
will have a merely instrumental character, consequently, their granting will not

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confers rights to operators and service providers of
telecommunications and information and communication technologies, so that the
modification or deletion in the event that they are not used, does not generate
right to compensation.
V.

It will be established by express rule that the users of the services
can keep the numbers assigned to them by the operator
initial.

SAW.

Numbering resources may not be transferred to another provider, in the form
direct or indirect, the transfer will imply the immediate reversion of this
limited recourse, unless authorized by express regulation.

Article 53. (SELECTION OF OPERATOR OR LONG-TERM SUPPLIER
DISTANCE). For the use of long distance telephony services, the
Selection of the operator or provider by the user or the end user is carried out
using the dial-in selection method on each call, through a call code
selection assigned by the Telecommunications Regulation and Supervision Authority
and Transportation.

CHAPTER ELEVEN
RIGHTS AND OBLIGATIONS OF USERS AND USERS
Article 54. (RIGHTS OF USERS AND USERS). The users
o users of telecommunications and information technology services and
communication have the right to:
1. Access under conditions of equality, equity, affordability, quality, of
uninterruptedly to telecommunications services and technologies of
Information and communication.
2. Choose and freely change the operator or provider of the services and
access plans to them, except for the agreed conditions
freely in the contract, which must be explicit, clear and
previously informed to users and users.
3. Access clear, precise, true, complete, timely and free information
about telecommunications services and information technologies
and communication, to be provided by the operators or providers of
services.
4. Free access to telecommunications services and technologies
of information and communication in cases of emergency, which determines the
Telecommunications Regulation and Supervision Authority and
Transportation.
5. Receive the monthly invoice in a timely, understandable and truthful manner
broken down of all the charges and services of which you are a user, in the form and
by the means in which your privacy is guaranteed.

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6. Demand respect for privacy and inviolability of your communications, except
those cases expressly indicated by the Political Constitution of the
State and Law.
7. Know the quality indicators for the provision of services to the public
of telecommunications and information technology providers and
communication.
8. Free access to telephone directories nationwide and a service
free national voice information on its contents.
9. Request the exclusion, at no cost, of the user guides or users
available to the public, whether in print or electronic. The users or
Users will be able to decide which personal data is included, as well as
check, correct or delete them.
10. Sign contracts for telecommunications services and technologies
information and communication according to the contract models,
terms and conditions, previously approved by the Authority of
Regulation and Supervision of Telecommunications and Transportation.
11. Be informed by the supplier in a timely manner, when there is a
change in prices, rates or plans previously contracted.
12. Receive the reimbursement or refund of amounts that are in your favor by
billing errors, deficiencies or service outage.
13. Be informed about the validity periods of the offers and promotions of
services.
14. Obtain an effective response to requests made to the supplier.
15. Be informed in a timely manner of the disconnection or scheduled shutdown of the
services.
16. Claim before service providers and go before the authorities
competent in those cases that the user considers violated
their rights, deserving timely attention.
17. Receive protection from the service provider on personal data
against unauthorized advertising by the user, within the framework of the
Political Constitution of the State and this Law.
18. To have, as a user or user in a situation of disability and person of
the elderly ease of access to telecommunications services and
information and communication technologies, determined in regulations.
19. Demand the protection of children, adolescents and youth in the provision of
services.
20. Receive services that do not cause harm to health and the environment,
in accordance with established standards.

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21. Participate in the mechanisms of social control.
22. Others that derive from the application of the Political Constitution of the State,
International Treaties, laws and other applicable regulations.
Article 55. (OBLIGATIONS OF THE USERS AND USERS). They are
obligations of users and users:
1. Pay your bills for the services received, in accordance with the
established prices or rates.
2. Respond for the use of services by all people
who have access to it, at its facilities or who make use of the
service under your supervision or control.
3. Not to cause damage to the facilities, networks and equipment of the operators and
suppliers.
4. Comply with the instructions and plans issued by the Authority of
Regulation and Supervision of Telecommunications and Transportation in cases
emergency and state security.
5. Do not cause harmful interference to operations properly
authorized.
6. Others that derive from the application of the Political Constitution of the State,
laws and other applicable regulations.
Article 56. (INVIOLABILITY AND SECRET OF THE
COMMUNICATIONS). Within the framework of what is established in the Political Constitution of the
State, public network operators and telecommunications service providers
and information and communication technologies, must guarantee the inviolability and secrecy
of communications, as well as the protection of personal data and the privacy of
users or users, except those contemplated in telephone directories, invoices and other
established by standard.
Article 57. (RULE OF INTERPRETATION). In case of doubt in the
application of sector regulations between a user or a user and a provider,
The rule that favors the user will apply.

CHAPTER TWELVE
RIGHTS AND OBLIGATIONS OF OPERATORS AND SUPPLIERS
Article 58. (RIGHTS OF OPERATORS AND SUPPLIERS).
1. Receive timely payment for the services provided, in accordance with
with the established prices or rates.
2. Cut the service provided due to non-payment by the users or
users, prior communication, in accordance with what is established by regulation.

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3. Receive protection against harmful interference to operations
duly authorized.
4. Others that derive from the application of the Political Constitution of the State,
this Law and other applicable regulations.
Article 59. (OBLIGATIONS OF OPERATORS AND
SUPPLIERS).
1. Submit to the jurisdiction and competence of the Regulatory Authority and
Telecommunications and Transportation Inspection.
2. Provide in conditions of equality, equity, affordability, quality, of
uninterruptedly, telecommunications services and technologies of
Information and communication.
3. Provide clear, precise, true, complete, timely and
free about telecommunications services and technologies
information and communication, to the users.
4. Provide clear, precise, true, complete and timely information to the
Telecommunications Regulation and Supervision Authority and
Transportation.
5. Provide free telecommunications services and technologies of
information and communication in cases of emergency, which determines the
Telecommunications Regulation and Supervision Authority and
Transportation.
6. Deliver in post-paid services in a timely manner,
understandable and truthful, the itemized monthly bill of all charges and
services of which it is a provider, in the form and by the means in which it is
guarantee the privacy of the user and facilitate the means of
payment for services rendered. In prepaid services or at
counted, deliver the invoice as appropriate.
7. Deliver free of charge and annually to the users of
telephone services, printed or electronic telephone directories and a service
free voice information, on its content, as well as, exclude without
any cost, to users or users who request it.
8. Sign contracts for telecommunications services and technologies of
information and communication according to the contract models,
terms and conditions, previously approved by the Authority of
Regulation and Supervision of Telecommunications and Transportation.
9. Make the reimbursement or refund of amounts that result in favor of the
users or users due to billing errors, deficiencies or cut of the
service, with the respective legal interests.

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10. Inform in a timely manner about the validity periods of the offers and
promotions of services.
11. Respond to requests and claims made by users or
users.
12. Report in a timely manner the scheduled disconnection or outages of the
services.
13. Provide protection of personal data avoiding disclosure not
authorized by the users, within the framework of the Constitution
State Policy and this Law.
14. Facilitate users with disabilities and people with disabilities
the elderly, access to telecommunications services and
information and communication technologies, determined in regulations.
15. Provide services that do not cause harm to health and the environment.
16. Comply with the instructions and plans issued in cases of emergency and
state security.
17. Periodically update its technological platform and the processes of
attention to users and users.
18. Others that derive from the application of the Political Constitution of the State,
International Treaties, laws and other applicable regulations.
Article 60. (QUALITY GOALS). Service providers
telecommunications and information and communication technologies, must present
monthly the results of the measurement of the quality goals for each service, before
the Telecommunications and Transportation Regulation and Supervision Authority and
publish them on a website, they must be verifiable, comparable and accessible
public. The Telecommunications and Transportation Regulation and Supervision Authority
it will approve the specific technical standards for its application.
Article 61. (PROHIBITIONS FOR OPERATORS AND
SUPPLIERS).
I.

The following are prohibitions for operators and providers:
1. Anti-competitive practices such as joint, direct or indirect fixation
of prices, the establishment of limitations, control or distribution of the
market, and others that are qualified by regulation.
2. Unfair practices such as the performance of any kind of acts
commercial or dissemination of false, incomplete or misleading information that
directly or indirectly harms users or users,
competitors or the operation of the plural economy in general, such as the
induction to the user or the user to error regarding the characteristics of the
service, the discredit of another operator or provider, information

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incomplete services of own or a competitor, and others that are
qualified by regulation.
3. Economic concentration operations, the purpose of which is to limit,
restrict, suppress or distort the exercise of competition or that
seek control or exclusivity in the provision of the services of
telecommunications and information and communication technologies, through
of the takeover of one or more suppliers or operators, through
mergers or takeovers, acquisition of property or any right over
shares or capital participations, which give the buyer control
about another provider or operator or an ability to influence their
decisions; or who are linked through directors or directors, or
councilors or common councilors.
4. The formation of monopolies or oligopolies directly or indirectly that
imply the concentration of frequencies of the radioelectric spectrum, in the
broadcasting services, in accordance with what is established by regulation.
II.

To promote the development of the plural economy, the Regulation and
Telecommunications and Transportation Inspection, will be in charge of ensuring
for the fulfillment of this Article.

CHAPTER THIRTEENTH
ECONOMIC OBLIGATIONS OF OPERATORS AND SUPPLIERS
Article 62. (PAYMENTS FOR ASSIGNMENT AND USE OF SPECTRUM
RADIOELECTRIC).
I.

Licensed operators and providers will pay for the
allocation of frequencies and by use of frequencies of the radioelectric spectrum.
These payments are independent of the established control and regulation rate.
in this Law.

II.

The payment for the frequency assignment right will be made before the broadcast.
of the Administrative Resolution for the assignment of frequencies and the right for use
frequencies will be paid annually in advance until January 31,
every year.

III.

The amounts collected by the Authority for the Regulation and Inspection of
Telecommunications and Transport, for the concept of payments for rights of
allocation and use of frequencies, will be deposited in a bank account of the
National Telecommunications Program for Social Inclusion - PRONTIS,
after deduction of the payment of obligations to the International Union of
Telecommunications - ITU.
Article 63. (AUDIT AND REGULATION RATE).

I.

The oversight and regulation activities of the Regulatory Authority and
Supervision of Telecommunications and Transportation, as well as the aliquot part
that corresponds to the activities of formulating norms and regulation of the
telecommunications and information and communication technologies sector, will be

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covered by the tax and regulation tax. The amounts and forms of
Payment of these fees will be established through regulations, depending on the
following:
1. For licensees, who are not operators or providers of
services or do not provide value-added services, one percent per year
of the estimated market value of the equipment used that is not of
owned by a third party. Radio amateurs are excluded from the
application of this rate.
2. For operators or suppliers that provide valuable services or services
aggregate, one percent of your gross operating income for the year
above, obtained by the provision of the service.
3. For television broadcasting or signal distribution services, the
one percent of gross operating income for the previous year.
4. For sound broadcasting services, half a percent of the
Gross operating income for the previous year.
5. Broadcasting services provided by the community social sectors
and the native indigenous peasant peoples and nations, and communities
intercultural and Afro-Bolivian women outside the rural area, half percent of
your gross income.
II.

The resources of the inspection and regulation fee may not be used for
purposes other than those established in this Article.

III.

Autonomous territorial entities may not create taxes, rates of
inspection and regulation, rights to assign and use frequencies,
contributions or other taxes to telecommunications activities and
information and communication technologies.
Article 64. (EXEMPTION) .

I.

They are exempt from the payment of fees and rights for frequency use, always
that use frequencies established in the national frequency plan and comply with
with the technical aspects related to its use:
1. Telecommunications related to security, sovereignty and defense of the
State established by the Executive Branch of the central level of the State, as well
such as those of a social nature, related to education, health and
emergencies.
2. The broadcasting services declared as official by Decree
Supreme, established by the Executive Branch of the central level of the State.
3. The activity of radio amateurs.

II.

Broadcasting services provided by indigenous peoples and nations
native farmers, and intercultural and Afro-Bolivian communities, are
exempt from the payment of the use of frequencies and the right of assignment provided that

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use frequencies established in the National Frequency Plan and comply with
with the technical aspects related to its use.
III.

The broadcasting services provided by the community social sectors in the
urban area will pay, the regulation fee and the right of allocation,
Except for the right to use frequency.

CHAPTER FOURTEENTH
TELECOMMUNICATIONS OF SOCIAL INCLUSION
Article 65. (NATIONAL TELECOMMUNICATIONS PROGRAM OF
SOCIAL INCLUSION).
I.

The National Telecommunications Program for Social Inclusion is created PRONTIS, dependent on the Ministry of Public Works, Services and Housing,
destined to the financing of programs and projects of telecommunications and
information and communication technologies that allow the expansion of networks
telecommunications and content and application development, to achieve the
universal access in rural areas and areas of social interest.

II.

The Executive Branch shall regulate the operation, control and mechanisms of
administration of the National Telecommunications Program for Social Inclusion
- PRONTIS.

III.

The resources of the National Telecommunications Program for Social Inclusion PRONTIS may not be used for purposes other than those established in the
this Article.

Article 66. (FINANCING OF ACCESS PROJECTS
UNIVERSAL TO TELECOMMUNICATIONS TECHNOLOGIES OF
INFORMATION AND COMMUNICATION).
I.

Financing telecommunications projects for social inclusion
oriented towards universal access to telecommunications and
information and communication, will have the following sources of financing:
1. The amount for the assignment and use of frequencies, fines, the amounts of
tenders, auction of assets seized definitively, resources of the
sale of sheets, execution of guarantee tickets, surplus
transfers to new holders and other resources will be deposited by the
Telecommunications Regulation and Supervision Authority and
Transportation, after deduction of the payment of the corresponding obligations
to the International Telecommunication Union - ITU for the concept of
annual contributions, directly into a Program bank account
National Telecommunications of Social Inclusion - PRONTIS,
destined to materialize the financing of universal access projects
to telecommunications and information and communication technologies.
2. External resources, donations and international cooperation.

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3. Operators and providers of telecommunications networks and services and
information and communication technologies with the exception of
providers of broadcasting services, will compulsorily provide the
one to two percent of its gross income emerging from the
provision of the services provided. The way to calculate the percentage
should consider the amount of income of operators and providers,
according to regulation. This obligation will supersede the goals of
expansion in the rural area of ​local service, national long distance and
international and public telephony.
II.

The networks that are benefited from the financing of projects to
telecommunications for social inclusion, must be accessible to others
operators and according to the cost determined in the basic interconnection offer
or as established by the Authority for the Regulation and Inspection of
Telecommunications and Transportation.

III.

The Ministry in charge of the telecommunications sector will prepare plans and
projects to expand the telecommunications infrastructure for the provision
of universal access to broadband internet service until 2015, which
allow to reduce the costs of international departure. The administration and
use of said infrastructure, voice services, internet bandwidth and
other services will be established by regulation.

Article 67. (EXECUTION). The execution of the National Program of
Social Inclusion Telecommunications - PRONTIS, will be in charge of the Unit of
Execution of PRONTIS Projects. The Ministry of Public Works, Services and
Housing will sign contracts for the execution of telecommunications projects of
social inclusion with telecommunications companies with majority state participation.
If these companies could not carry out the inclusion telecommunications projects
social, the Ministry may tender projects among service operators
established in the country.
Article 68. ( ARTICULATION). The Ministry of Public Works, Services and
Housing will coordinate the articulation of the Information Technology Plan and
Communication with health plans, education, cultures, communication and other plans
sectoral, which allow the optimization of resources, promoting the development of
applications and connectivity throughout the territory of the State.

CHAPTER FIFTEEN
ADMINISTRATION AND REGISTRATION OF THE DOMAIN NAMES '.bo'
Article 69. (DOMAIN .bo). The internet domain name under the code
The country code corresponding to Bolivia is '.bo', which is a resource of the
telecommunications and information and communication technologies, of public interest and whose
provision, administration, maintenance and development will be under planning,
regulation and control of the State, for its use by users.
Article 70. (ADMINISTRATOR). Within the framework of technological convergence
and efficiency of the telecommunications and information and communication technologies sector,
preserving the integrality of its development and reduction of the digital divide is established
that the administration of the '.bo' domain, including its planning, provision, maintenance

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and development, must be carried out by the Agency for the Development of the Society of the
Information in Bolivia - ADSIB.

TITLE IV
CONTENT AND APPLICATION DEVELOPMENT
OF INFORMATION AND COMMUNICATION TECHNOLOGIES
FIRST CHAPTER
INFORMATION TECHNOLOGIES
AND COMMUNICATION IN THE PLURINATIONAL STATE

Article 71. (NATIONAL PRIORITY). The national priority is declared
promotion of the use of information and communication technologies to ensure living
good of all Bolivians and Bolivians.
Article 72. (ROLE OF THE STATE).
I.

The State at all levels, will promote the access, use and social appropriation of
information and communication technologies, the deployment and use of
infrastructure, content and application development, protection of
users, computer and network security, as mechanisms of
democratization of opportunities for all sectors of society and
especially for those with lower income and with special needs.

II.

Public entities must adopt all the necessary measures to
guarantee the maximum use of information technologies and
communication in the development of their functions.

III.

The State will promote the development of content as a priority,
applications and services of information and communication technologies in the
following areas:
1. In education, as a means for the creation and dissemination of knowledge of the
Bolivians and Bolivians in a universal and equitable way.
2. In health, as a mechanism to develop the early warning system,
health resource management bases and platforms for access to
information and inquiries from the sector.
3. In government management, as a mechanism to optimize systems
existing and create new ones to meet social demand, facilitate access
and intensive use of these systems within each unit
government, between government entities, between citizens and
citizens with government entities.
4. In production, as a mechanism to optimize, make efficient and reduce
the costs of the plural economy, having to develop applications of
information and communication technologies.

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5. In communication and information, as a mechanism to guarantee
the rights to free expression, to diversity of speech and to
active, plural and informed participation of Bolivian women and men.
Article 73. (PLURINATIONAL COMMITTEE OF TECHNOLOGIES OF
INFORMATION AND COMMUNICATION - COPLUTIC).
I.

The Plurinational Committee for Information and Communication Technologies is created COPLUTIC, in order to propose national policies and plans for
development of the information and communication technologies sector, coordinate
projects and lines of action among all the actors involved, define the
mechanisms for execution and monitoring of results.

II.

The Plurinational Committee for Information and Communication Technologies COPLUTIC, will be integrated by the Ministry of Public Works, Services and
Housing that presides over it, the Ministry of Communications, Ministry of
Education, Ministry of Development Planning and the Development Agency
for the Information Society in Bolivia - ADSIB.

III.

The operation of the Plurinational Committee on Information Technologies and
Communication - COPLUTIC will be established in regulations.

Article 74. (SECTORIAL COUNCIL OF TELECOMMUNICATIONS AND
INFORMATION AND COMMUNICATION TECHNOLOGIES).
I.

The Sectorial Council of Telecommunications and Technologies of
Information and Communication - COSTETIC, as an advisory body for
proposal and agreement between the central level of the State and the governments
autonomous, for the coordination of sectoral matters.

II.

The Sectorial Council of Telecommunications and Information Technologies and
Communication - COSTETIC, will be chaired by the Minister head of the sector, his
composition and operation will be determined by express standard of the level
Central of the State in accordance with Article 132 of Law No. 031.

CHAPTER TWO
ELECTRONIC GOVERNMENT AND FREE SOFTWARE

Article 75. (ELECTRONIC GOVERNMENT).
I.

The central level of the State promotes the incorporation of the Electronic Government to the
government procedures, the provision of their services and the dissemination of
information, through a strategy focused on serving the population.

II.

The Executive Branch of the central level of the State shall prepare the guidelines for the
incorporation of the Electronic Government.

Article 76. (SCOPE). The State will establish the mechanisms and conditions that
Public entities will apply to guarantee the maximum use of the technologies of
information and communication, which allow to achieve the provision of efficient services.

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Article 77. (FREE SOFTWARE).
I.

The Executive, Legislative, Judicial and Electoral Bodies at all levels,
promote and prioritize the use of free software and open standards, in
the framework of sovereignty and national security.

II.

The Executive Branch of the central level of the State will prepare the
implementation of free software and open standards in coordination with the
other organs of the State and entities of the public administration.

CHAPTER THREE
DOCUMENTS AND DIGITAL SIGNATURES

Article 78. (LEGAL VALIDITY). They have legal and evidentiary validity:
1. The act or legal business carried out by a natural or legal person in
digital document and approved by the parties through digital signature,
celebrated by electronic means or other means of greater technological advancement.
2. The electronic data message.
3. The digital signature.
Article 79. (EXCLUSIONS). The following acts and events are excepted
legal of its celebration by electronic means:
1. Acts of family law.
2. The acts in which the Law requires the physical personal concurrence of any of the
the parts.
3. The legal acts or businesses indicated in the Law that, for their validity or
production of certain effects, require a physical document or by
express agreement of parties.

Article 80. (CERTIFICATES ISSUED BY ENTITIES
FOREIGNERS). Digital certificates issued by certifying entities
foreigners have the same validity and legal effectiveness recognized in this Law,
as long as such certificates are recognized by a certifying entity
national authority that guarantees, in the same way that it does with its own
certificates, compliance with the requirements, the procedure, as well as the validity and
validity of the certificate.
Article 81. (AUTHORITY AND ATTRIBUTIONS). The Regulatory Authority
and Telecommunications and Transportation Inspection is in charge of authorizing, regulating,
supervise, supervise and control the certifying entities in accordance with the provisions of
this Law and its regulations.

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Article 82. (CERTIFICATION ENTITY). They can be constituted and operate
as certifying entities, legal entities of public or private law in the
provision of digital certification services, which must comply with technical requirements,
economic and legal established in this Law and its regulations.
Article 83. (DIGITAL CERTIFICATES FOR THE SECTOR
PUBLIC). The Agency for the Development of the Information Society in Bolivia ADSIB, will provide the certification service for the public sector and the general population
at the national level, in accordance with the rules contained in this Law, and will ensure the
authenticity, integrity and non-repudiation between the parties.
Article 84. (REGULATION). The regulation referring to signatures and
digital certificates will include:
1. The requirements, functions, procedures, agreement of parties, obligations,
cessation of the authorized certifying entity, responsibility of the entities
certifiers authorized before third parties, sanctions, resolution of
controversies and others.
2. The publicity, security and integrity in the use of the digital signature.
3. The definitions, principles and procedures related to the treatment of
personal information.
CHAPTER FOUR
ELECTRONIC COMMERCE
Article 85. (THE ELECTRONIC OFFERING OF GOODS AND SERVICES). The
offer of goods and services by digital means, that comply with the conditions
general and specific that the Law imposes, must be carried out in an environment technically
reliable and in the conditions established by the Commercial Code.
Article 86. (VALIDITY OF ELECTRONIC CONTRACTS).
I.

The parties may carry out commercial transactions by means of a digital document
under the conditions indicated in the Law.

II.

The provisions of this chapter will not be applicable to those contracts in which
which the Law or the same contract expressly excludes the validity of the
digital documents.
Article 87. (ASSESSMENT).

I.

Digital documents lacking digital signature will be admissible as
principle of evidence or evidence.

II.

The reliability of the way it was generated will be taken into account,
archived and communicated the digital document, the way it has been
preserved the integrity of the information, and the way in which it is identified
its initiator and any other pertinent factors.

Page 45

Article 88. (DISPUTES). In case of disputes, the parties will
They will submit to the jurisdiction stipulated in the contract, in the absence of this, they will be subject to the
Bolivian administrative authority if applicable and, where appropriate, to the ordinary jurisdiction.

CHAPTER FIVE
EMAIL
Article 89. (PERSONAL EMAIL). For the purposes of this
Law personal email is equated to postal correspondence, being within
of the scope of inviolability established in the Political Constitution of the State. The
Protection of personal email encompasses its creation, transmission, receipt and
storage.
Article 90. (WORK EMAIL). When an account of
email is provided by the employing entity to the dependent as a means of
communication, depending on an employment relationship, it will be understood that the ownership of the
It corresponds to the employer, regardless of the username and password
access that are necessary for its use, and must expressly communicate the
conditions of use and access of the work email to the employee.
Article 91. (ADVERTISING COMMERCIAL COMMUNICATIONS
BY EMAIL OR ELECTRONIC MEANS). Through
regulations will be established, the conditions of commercial advertising communications
made by email or any other electronic means, without prejudice
of the application, where appropriate, of current regulations on commercial matters
on advertising and protection to users.
TITLE V
INFRINGEMENTS AND SANCTIONS
Article 92. (INFRACTIONS). They constitute infractions within the framework
regulatory violations of the provisions contained in this Law and its
regulations, contracts and other standards applicable to the telecommunications sector and
Information and Communication Technologies.
Article 93. (CRITERIA). The sanctions will be determined taking into account
counts the following criteria:
1.

Nature and gravity of the fact.

two.

Extent and magnitude of the danger or damage caused.

3.

Delinquency or fault in the commission of the offense.

Four.

Existence of aggravating and mitigating factors in the commission of the offense.

Article 94. (SANCTIONS).
I.

Without prejudice to the corresponding criminal action, the Regulatory Authority and
Telecommunications and Transportation Inspection, will apply to the offenders the

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sanctions of warning, kidnapping or seizure of equipment and material, fines and
temporary disqualification to carry out telecommunications activities and
Information and Communication Technologies.
II.

Compliance with the sanctions imposed according to the previous paragraph, does not
validates the irregular activity that gave rise to the sanction, the offender owing
cease irregular acts within the period established by the Regulatory Authority and
Telecommunications and Transportation Inspection.

III.

The offender, regardless of the sanction imposed, is obliged to
compensation for damages caused that may be established
judicially for the commission of the wrongful act.

IV.

The application of sanctions does not exempt the operator or service provider from the
responsibility for compliance with their obligations in providing the service to
the user or user, as long as they do not involve reasons for expiration,
revocation or cancellation.

V.

The graduation, amounts and form of payment for the sanctions will be established in
regulation. The amount from the payment of these penalties will be deposited in the
bank account corresponding to the National Telecommunications Program of
Social Inclusion - PRONTIS.

SAW.

The sanctions will only be executed, when the resolution that imposes them causes status

or does not admit further appeal.
Article 95. (APPEARANCE). The warning sanction consists of
a written call for attention, in which the wrongful act is pointed out and orders to proceed
according to law, within the period set for that purpose, taking into account the criteria of
determination noted.
Article 96. (KIDNAPPING OF EQUIPMENT, COMPONENTS, PARTS AND
MATERIALS). The seizure of equipment, components, parts and materials from operators
non-legal, will have the following scopes:
1. Kidnapping as a precautionary measure will be applied in cases expressly
indicated in the regulation.
2. The seizure in the precautionary way or in the sanction of susceptible goods
of deterioration, perishing, obsolescence or difficult or burdensome custody
may be the object of advance sale in public auction arranged through
motivated resolution, according to regulations.
3. If the precautionary seizure imports goods in accordance with the preceding paragraph, it may
request substitution of the kidnapped, in which case, the Authority of
Regulation and Supervision of Telecommunications and Transportation will provide
whatever is convenient. If there is no express request for substitution, and
in case the kidnapping is not consolidated as a sanction, the good or goods
kidnapped will be returned at the value obtained from the advance sale in
public auction.

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4. Kidnapping as a sanction will be applied to offenses expressly
indicated in regulations and the loss of equipment ownership will be imported,
components, parts and materials.
5. For reasons of social interest, kidnapping will not be provided as a sanction if
equipment, components, parts and materials are affected by the
provision of telecommunications services or activities legally
granted, authorized or granted.
6. In any act of kidnapping, a notarized inventory of the assets will be made.
kidnapped, stating their nature and state of conservation.
Article 97. (FINE). The fine sanction consists of the imposition of payment
of an amount of money that will be determined between one and five hundred days fine, according to the
service to which it corresponds and according to regulations.

Article 98. (TEMPORARY INHABILITATION). The disqualification sanction
temporary consists of the prohibition to carry out telecommunications activities
related to the business line of operators that do not provide telecommunications services
to the public, for a minimum period of five days and a maximum of three hundred and sixty days
calendar.
Article 99. (CLASSIFICATION).
I.

The offenses, taking into account their purpose, are classified as
infractions:
1. For illegal provision of the service, illegal exercise of activities of
telecommunications and information and communication technologies and by
improper use of the radio spectrum.
2. Against the telecommunications system.
3. Against the rights of users and users.
4. Against the rights of operators and suppliers.
5. Against the powers of the supervisory authority.
6. Other infractions.

II.

The sanctions will be applied taking into account the seriousness of the infractions.

III.

The classification or individualization of the infractions will be established in
regulation.
Article 100. (PREVENTIVE INTERVENTION).

I.

In case the continuity in the provision of services of
telecommunications, the Authority for the Regulation and Inspection of

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Telecommunications and Transportation, will designate by Resolution
Administrative duly substantiated and prior notification to the operator or
supplier, an auditor for a period of ninety days, according to the
procedure established in regulations, the respective licenses and contracts. The
The term of the intervention may be renewed for a similar period, after
approval of the Ministry of Public Works, Services and Housing.
II.

The Authority for the Regulation and Supervision of Telecommunications and
Transport, will determine the declaration of expiration for the established causes
in express regulation or where appropriate, the measures that the operator or supplier of
telecommunications services must adopt to avoid said declaration,
before the end of this period, based on the report presented by the
auditor designated for this purpose.

TITLE VI
POSTAL SERVICE
FIRST CHAPTER
POSTAL SERVICE

Article 101. (CLASSIFICATION OF POSTAL SERVICES). The
Postal services are classified into:
1. Basic postal services.
2. Non-basic postal services.
3. Other services to be defined in regulations.
Article 102. (PROVISION OF POSTAL SERVICE).
I.

The State at its central level will authorize the provision of postal services
basic to a public, mixed, cooperative or community entity, under the terms of the
present Law and its regulations.

II.

The State at its central level will authorize the provision of postal services not
basic to natural or legal person, private, public, mixed, cooperative or
community, in the terms of this Law and its regulations.

CHAPTER TWO
UNIVERSAL POSTAL SERVICE
Article 103. (UNIVERSAL POSTAL SERVICE). The State at its level
central through the designated public operator, will provide the universal postal service,
guaranteeing all the inhabitants permanently, with a predefined frequency, with
determined quality, at affordable prices, the provision of minimum supply services, which
They will be established in regulations.

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Article 104. (NATIONAL POSTAL SERVICE PROGRAM
UNIVERSAL - PNSPU).
I.

The National Program of the Universal Postal Service - PNSPU is created,
dependent on the Ministry of Public Works, Services and Housing, intended for the
financing of the postal network and the operability of the universal postal service, in
the rural area or of social interest.

II.

The Executive Branch of the central level shall regulate the operation, control and
administrative mechanisms of the National Postal Service Program
Universal - PNSPU.

III.

The resources of the National Program of the Universal Postal Service - PNSPU do not
They may be used for purposes other than those established in this Article.

IV.

The public operator designated for the use of resources from the
National Program of the Universal Postal Service - PNSPU, will present projects
to the Ministry of Public Works, Services and Housing, for the implementation of the
universal postal service.

V.

The Program will be financed with the following resources:
1. The annual contribution of three percent of the gross income for the year
above of the postal operators, with the exception of the public operator
designated.
2. The annual contribution of three percent of the gross income for the year
above, corresponding to the postal service provided by the operators of the
air, land and river transport service.
3. External resources, donations and others.

CHAPTER THREE
DESIGNATED PUBLIC OPERATOR, LICENSE AND REGULATION
Article 105. (DESIGNATED PUBLIC OPERATOR).
I.

The Executive Branch of the central level, by express regulation, will appoint the
designated public operator.

II.

The designated public operator is responsible for providing and developing the
universal postal service throughout the national territory, whose authorization will be
exempt from payment.

III.

For the provision of basic, non-basic and other postal services to be
defined in regulations, the Authority for the Regulation and Inspection of
Telecommunications and Transportation, will directly grant the license that will be
exempt from payment, after compliance with the requirements established through
regulation.
Article 106. (LICENSE).

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I.

Public, cooperative and community entities must obtain the license
for the provision of basic postal services by presenting the documentation
legal, technical and economic, paying for the granting of the license according to
categorization.

II. Natural or legal persons, public or private, cooperatives and
community, must obtain the license for the provision of postal services
non-basic, presenting the legal, technical and economic documentation, paying
for the granting of the license according to categorization.
III.

Postal operators must obtain the annual certificate of operations,
paying in advance, the corresponding amount according to the
categorization.

IV.

The licenses will be granted to natural or legal persons domiciled in the
country, will be subject to the jurisdiction, laws and Bolivian authorities, not
being able to invoke a situation of exception, or appeal to claims
diplomats to obtain more favorable treatment.

V.

The procedures, requirements, validity, categorization and registration for the
obtaining the license and the annual certificate of operations, will be established
by regulation.
Article 107. (REGULATION OF THE POSTAL SECTOR).

I.

The Authority for the Regulation and Supervision of Telecommunications and
Transport, will create a postal regulation unit, which will be in charge of
regulate, supervise, control, inspect, authorize, establish the general regime of
rates and quality levels of postal services.

II.

The regulation and supervision will be financed with the following resources:
1. One percent of the operators' gross income for the previous year
postcards.
2. One percent of the gross income of the previous year from services
postal services provided by air and land transport service operators
and fluvial, for which they must maintain separate accounts of their activity
principal.
3. One percent of the Operator's gross income for the previous year
Designated Public, deducting the collections corresponding to the
universal postal service.
4. Payment of fines.
5. Income from the granting of the license and the annual certificate of operations.

CHAPTER FOUR
INFRINGEMENTS AND SANCTIONS

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Article 108. (INFRACTIONS AND SANCTIONS).
I.

Administrative offenses are transgressions of the provisions
contained in this Law, its regulations, contracts and other norms
applicable to the postal sector.

II.

Without prejudice to the corresponding criminal actions, the Authority of
Regulation and Supervision of Telecommunications and Transportation, will apply to
violators the sanctions of closure, fines and revocation of the license to
exercise postal activities.

III.

Compliance with the sanctions imposed according to the previous paragraph, does not
validates the irregular activity that gave rise to the sanction, the offender owing
cease irregular acts within the period established by the Regulatory Authority
and Telecommunications and Transportation Inspection.

IV.

The offender, regardless of the sanction imposed, is obliged to
compensation for damages caused that may be established
judicially for the commission of the wrongful act.

V.

The application of sanctions does not exempt the postal service operator from the
liability arising from the breach of its obligations in the
provision of the service to the user.

SAW.

The graduation, amounts and form of payment for the sanctions, will be established in
regulation. The amount from the payment of these fines will be deposited in a
bank account of the Authority for the Regulation and Supervision of
Telecommunications and Transportation.

VII.

The classification or individualization will be established in regulations.

CHAPTER FIVE
RIGHTS OF USERS AND USERS OF THE POSTAL SERVICE
Article 109. (RIGHTS OF USERS AND USERS OF THE
POSTAL SERVICE). Users of the postal service have the following
Rights:
1. To the secrecy and inviolability of postal correspondence.
2. Respect for the privacy of users.
3. To the confidentiality of the data.
4. To provide a quality postal service.
5. To equal treatment for users of the postal service who are
under analogous conditions.
6. To reliable information on the characteristics of the postal service.

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7. To the claim.
8. Ownership of postal items.

TITLE VII
PARTICIPATION AND SOCIAL CONTROL IN TELECOMMUNICATIONS,
INFORMATION AND COMMUNICATION TECHNOLOGIES AND POSTAL SERVICE
Article 110. (SCOPE).
I.

Organized civil society will participate in the design of public policies for
telecommunications, information and communication technologies and services
postal, exercising social control at all levels of the State to the quality of
public services.

II.

The Ministry of Public Works, Services and Housing, and the Authority of
Regulation and Supervision of Telecommunications and Transportation, will guarantee the
creation of permanent spaces for participation and social control, access to
information and the holding of public hearings.

III.

The Autonomous Departmental Governments will guarantee the creation of spaces
permanent participation and social control, in the formulation of policies
telecommunications departments in fixed telephony, private networks and
broadcasting, as in the monitoring and evaluation of the quality of services.

IV.

The Autonomous Municipal Governments and native indigenous peasants,
will guarantee the creation of permanent spaces for participation and social control,
for monitoring and evaluating the quality of public services in
telecommunications and information and communication technologies, as well as
postal service, through the Authority for the Regulation and Inspection of
Telecommunications and Transportation.

V.

Participation and social control will be governed by the provisions of the Constitution
State Policy and the Law linked to its exercise, without prejudice to the application
of other mechanisms of accountability, supervision and control.

SAW.

Social control will not delay, prevent or suspend, the execution or continuity
of plans, programs, projects and administrative acts of public services
telecommunications and information and communication technologies, as well as
of the postal service, unless evident and potential damage to the State is demonstrated,
to collective, specific and concrete interests or rights. The potential harm
It will be determined by the competent authority.

TITLE VIII
OTHER PROVISIONS
Article 111. (CASES OF EMERGENCY AND STATE SECURITY).

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I.

In cases of danger to the security of the State, external threat, shock
internal or disaster, telecommunications operators and providers and
information and communication technologies, will be obliged to cooperate and put
at the disposal of the legitimate and legally constituted public authorities, of
free and timely manner, the networks and services, as well as the emission, transmission
and reception of telecommunications and information technologies and
communication that are required.

II.

In cases of disaster or declared emergency, the Regulatory and
Telecommunications and Transportation Inspection and operators and
suppliers, will coordinate in a timely and efficient manner with the
National System for Risk Reduction and Attention to Disasters and
Emergencies - SISRADE.

Article 112. (OFFICIAL PRESIDENTIAL MESSAGES). The
broadcasting operators of audio and video signals (radio and open television) and
distribution of audio and video signals, they are obliged to carry out two transmissions in
chain per year, without any payment, of the official messages of the President of the
Plurinational State directed to all the people of the country.
Article 113. (ILLEGAL TELEPHONE CONNECTIONS). The State in its
central level will take the necessary actions and measures to prevent traffic fraud
incoming international voice telephone, known as bypass or illegal connection, through
of the administrative or jurisdictional instances.

TRANSITORY DISPOSITIONS
First.
I.

Network operators, telecommunications service providers and
broadcasting, in compliance with this Law, must migrate their
special transitory authorizations, licenses, authorizations and registrations, in a
maximum term of twelve months from the effective date of this Law, in the
framework of the migration schedule prepared by the Regulatory and
Telecommunications and Transportation Inspection.

II.

In compliance with the Eighth Transitory Provision of the Political Constitution
of the State, migration to the new legal regime established in this Law,
in no case will it imply the ignorance of the acquired rights, which are
They are in force and have been granted in accordance with the norm.

III.

The experimental licenses granted by the Regulatory Authority and
Telecommunications and Transportation Inspection will not be subject to migration.

IV.

The state broadcasting service operators will present the
technical documentation to obtain the corresponding license according to
regulation.

Second. Special transitory authorizations, licenses, registrations and
authorizations granted under the previous regime, will be migrated to the new system of
authorizations and formalized through contracts, according to the following:

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1. Special temporary authorizations to operate a public network of
telecommunications or to provide telecommunications services to
public will migrate to a single license.
2. Licenses for the use of electromagnetic frequencies will migrate to
license for the use of radio frequencies.
3. Records to provide value-added services that are not for
provide internet services, they will migrate to a value service license
aggregate.
4. Registrations to provide Internet value-added services will migrate to
single license.
5. Registries and licenses to operate private telecommunications networks
they will migrate to a private network license and frequency use license
radio stations, respectively.
6. The authorizations and licenses for the use of frequency to operate stations
space stations or earth stations in national territory, will migrate to license
for the provision of satellite service.
7. Registrations and licenses for radio amateurs will migrate to a license for
ham.
Third.
I.

On a temporary basis until the quality regulation is approved for each one
of services, current quality goals remain in effect. Non-compliance
of the aforementioned goals will be sanctioned according to the procedures and
fines established in the respective contracts.

II .

The expansion goals will be replaced by the mandatory contribution to the Program
National Telecommunications of Social Inclusion - PRONTIS, established in the
this Law, as of January 1, 2012.

III.

Interconnection agreements, conditions established by authorities
national and the basic interconnection offers in force to date, will be
compulsorily reviewed within a maximum period of six months, from the date of
validity of this Law.

Quarter. They are transferred to the National Inclusion Telecommunications Program
Social - PRONTIS, the balances of the amounts that were deposited in the National Fund
of Regional Development - FNDR, in application of Article 28 of the Law of
Telecommunications Nº 1632 of July 5, 1995 and its modifications.
Fifth.
I.

The express service, courier and transport companies of shipments of
correspondence, which are currently operating legally,
In accordance with the previous legal regime, they must adapt their authorizations, in a

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period of six calendar months from the effective date of this Law, for the
obtaining the corresponding license, for this purpose, the Authority of
Regulation and Supervision of Telecommunications and Transportation will establish the
adequacy schedule as well as its mechanisms.
II.

The express service, courier and transport companies of shipments of
correspondence that currently provide such services, must comply with their
obligations under the previous legal regime, until its adaptation according to
regulation.

III.

The procedure for adapting the postal service will be established in
regulation.

Sixth. All aspects that are required for the application of this Law,
will be regulated by the Executive Body and regulated by the Regulatory Authority and
Telecommunications and Transportation Inspection, within a maximum period of one hundred and twenty
business days from the enactment of the same.
Seventh. This Law shall enter into force on the date of its publication, with
progressive application according to the approval of its specific regulations; as long as
approved by these, the current telecommunications and postal regulations will be applied in
everything that does not contravene this Law.
Eighth. As long as the relevant provisions on the operator are not issued
designated public, the Bolivian Post Office, will provide the postal service in accordance with
to the provisions of Supreme Decree No. 22616 of October 8, 1990, in everything that
do not contradict the provisions of this Law.
Ninth. The Supervision and Social Control Authority of Telecommunications and
Transportation - ATT will hereinafter be called the Authority for the Regulation and Inspection of
Telecommunications and Transport - ATT and will assume the attributions, competences,
rights and obligations regarding telecommunications and information technology
and communication, transportation and the postal service, under the supervision of the Ministry of Works
Public, Services and Housing.
Tenth. On a temporary basis until the regulation to the present is approved
Law, the operators of the local fixed telephony service are authorized to charge
optionally to its users, the value equivalent to its unit of measurement, a
pulse or one minute, of a local call for calls originating towards the networks of
mobile, long distance and collect service.

ABROGATORY AND REPEAL PROVISION
ONLY.
I.

Law No. 1632 dated July 5, 1995, Law No. 2328 on
February 4, 2002, Law No. 2342 of April 25, 2002 and Law No. 1424 of
January 29, 1993.

II.

Articles 7, 8 and 9 of Supreme Decree No. 22616 are repealed
of October 8, 1990 and all provisions contrary to this Law.

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Refer to the Executive Branch, for constitutional purposes.
It is given in the Hall of Sessions of the Plurinational Legislative Assembly, to the
twenty-eight day of the month of July of the year two thousand eleven.
Signed. René O. Martínez Callahuanca, Flora Aguilar Fernández, Zonia Guardia
Melgar, Carmen García M., Esteban Ramírez Torrico, Angel David Cortés Villegas.
Therefore, I promulgate it so that it is kept and fulfilled as a Law of the
Plurinational State of Bolivia.
Government Palace of the city of La Paz, on the eighth day of the month
August of two thousand eleven years.
FDO. EVO MORALES AYMA, Carlos Gustavo Romero Bonifaz, E. Viviana Caro
Hinojosa, Walter Juvenal Delgadillo Terceros, Roberto Ívan Aguilar Gómez, Julieta Mabel
Monje Villa, Claudia Stacy Peña Claros, Iván Jorge Canelas Alurralde.

