The easement and the declaration of public utility over the infrastructure for the construction, laying, and operation of networks for the delivery of telecommunication and ICTs public services

Abstract

This article studies the Information and Communication Technologies (ICTs) providers legal status in relation to easements for laying, building, and operating of telecommunications network. The text covers two fundamental concepts; the first one is the Declaration of Public Utility over the infrastructure for laying, building, and operating of telecommunications network; the second one, is about the existence of legal norms to regulate the easement onto real properties that are affected by any public service project. Thus, this research study is deductively stratified, applying the comparative method. It starts with a constitutional analysis and descends into a legal review. Then, the long-haul infrastructure is explained. Moreover, there is a look into the compensation for the landowner. Subsequently, the land titling anomalies problem is exposed. Finally, the developing of some conclusions about introducing legal norms into Colombian juridical system to guarantee the service delivery of Telecommunications , and Information and Communication Technologies public services (ICT).