Resumen

GOMEZ JARAMILLO, Juan Carlos. Who owns the screen?. rev.ing. [online]. 2006, n.23, pp.86-94. ISSN 0121-4993.

Since 1990 Colombian telecommunication law has had significant advances allowing everybody access to telecommunication services in exercise of the fundamental right of information. Technology development permit that the limitation which generated the need of use frequencies, know days is not a valid reason -from a constitutional point of view- to restrict the operation of new telecommunication services and the information diffusion. This technical reality, have to be recognize in the legal order among all the telecommunication services. Colombian constitutional framework, does not has any rule that allow the restriction of telecom services which do not use frequencies under a ("state reserve regime". Legal recognition in this sense, has been made by the legislator, when he established that the local telephony service does not required concession for its operation. In the same sense, massive media operators -including television operators- which do not use frequencies and which can be transmitted by wires, can be freely established observing only the specific service regulation dictated by the telecommunication authority. Legal dispositions that today do not allow the exercise of this constitutional right are illegal.

Palabras clave : Telecommunication services; Liberty for operate massive media companies; Cable televisión.

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