Introduction. In the Dominican Republic, the provision of certain telecommunications services requires, as a preliminary step, registration in the Special Registry managed by the Dominican Institute of Telecommunications (INDOTEL). This procedure applies to both individuals and legal entities, whether national or foreign, domiciled in the country, who wish to offer or operate services that, by their nature, do not require a concession but do require compliance with legal, technical, and administrative requirements.
The creation of this registry responds to the need to maintain orderly and transparent control of providers operating within the national territory, ensuring service quality and continuity, user protection, and sector development.
In this context, registration in the Special Registry not only legally enables the provider to operate but also serves as a tool to ensure compliance with the provisions of the General Telecommunications Law No.153-98, as well as the regulations and resolutions that complement it.
Definition of Special Registry: The Special Registry is the official mechanism through which INDOTEL authorizes the operation of certain telecommunications services, which do not require a formal concession but do require supervision and control by the regulatory body.
Services subject to this registration include:
1) Value-added services: Those that, using carrier, end, or broadcast services, add additional features or facilities.
2) Aeronautical mobile services: Used on aircraft for communication in accordance with technical standards and international agreements.
3) Maritime mobile services: Intended for vessels, subject to maritime safety standards.
4) Private radio communication services: For internal communication needs of individuals or companies.
5) Resale services: Commercialization of services acquired from concessionaires.
6) Satellite carrier service: Transmission of signals via satellite to support other services.
7) Passive infrastructure services and related facilities: Towers, masts, and other elements that support networks and equipment.
The registration process includes the submission of general, technical, and legal information, the scope of which varies according to the nature of the applicant and the type of service.
Objective of the Special Registry: The fundamental objective of the Special Registry is to regulate and organize the provision of certain telecommunications services to:
1.- Ensure that operators have the necessary technical, legal, and economic capacity.
2.-Promote fair, effective, and sustainable competition in the market.
3.- Ensure efficient use of the radio spectrum and telecommunications infrastructure.
4.- Ensure that services comply with essential principles such as continuity, generality, equality, neutrality, and transparency, as established in Law No. 153-98.
6.- Enable the State to supervise and oversee providers to prevent anti-competitive practices and ensure user protection.
In summary, the Special Registry is an instrument to harmonize business activity with the public interest and technological development of the country.
Benefits of Registration in the Special Registry: Registration in theSpecial Registry provides benefits to the operator, the sector, and users:
A) For the operator:
Legal certainty: legitimacy to operate under the law.
* Access to networks and essential facilities on equal terms.
* Participation in development projects promoted by INDOTEL.
* Possibility to offer differentiated services and expand the commercial portfolio.
B) For the sector:
* Order and transparency in the telecommunications market.
* Improved quality and continuity of services.
* Increased competition and technological innovation.
C) For users:
* Greater diversity of providers and services.
* Protection against discriminatory or abusive practices.
* Services at competitive prices and with defined technical standards.
Legal Framework of the Special Registry: The legal basis of the Special Registry is mainly found in:
*General Telecommunications Law No. 153-98, which establishes the obligation to register for certain services and defines the guiding principles of the sector.
* Regulation of Authorizations to Provide Telecommunications Services in the Dominican Republic.
* Resolution No. 029-07, which approves the resale of public telecommunications services.
* Resolution of the Board of Directors No. 116-2024, which enacts th Regulation for the Resale of Public Telecommunications Services.
These regulatory instruments are complemented by international agreements and technical provisions issued by INDOTEL foreach type of service.
Special Registry for Resale of Telecommunications Services: The resale figure consists of the public commercialization, under one's own name and responsibility, of a telecommunications service previously contracted with an authorized concessionaire. To legally and transparently carry out this activityi n the Dominican Republic, it is essential to be registered in the SpecialRegistry of Resale (IRE), managed by the Dominican Institute ofTelecommunications (INDOTEL). This registration ensures that the reseller acts within the current regulatory framework, providing greater legal certainty to both users and concessionaire companies.
The regulatory body for the Special Registry is theDominican Institute of Telecommunications (INDOTEL), the decentralized state body with functional, jurisdictional, and financial autonomy, responsible for the regulation, supervision, and control of the sector.
Among its main functions related to the Special Registry are:
- Administer and update the Registry.
- Evaluate and approve registration applications.
- Ensure compliance with technical and legal requirements.
- Supervise the operation of registered services.
-Prevent and sanction practices that affect competition or harm users.
- Coordinate with international telecommunications organizations.
The existence of a strong and autonomous regulatory body like INDOTEL ensures that registration is not merely an administrative procedure, but a true filter to guarantee the quality and legality of services.
Conclusion: Registration in the Special Registry is indispensable for telecommunications operators seeking to provide certain services in the Dominican Republic. It aligns commercial interests with the public good, ensuring providers operate within a robust legal framework while users benefit from reliable, fair, and innovative services. The process, as shaped by Law No. 153-98 and complementary resolutions, is central to the sector’s modernization, balancing investment, competition, and user protection. Ultimately, compliance with registration requirements is both a legal obligation and a strategic advantage for sustainable business development and sector advancement.