Colombia. The President of the Republic, Iván Duque, approved the Law on the Modernization of the Information and Communications Technologies (ICT) sector.
There are 51 articles that, according to the Government, provide the necessary tools to encourage private investment in the sector, generate legal certainty and facilitate the deployment of high-cost infrastructure (last mile).
Specifically, the Law favors the conditions to reach places that do not yet have the social connectivity programs of the entity, such as Sustainable Universal Access and Universal Social Access for rural areas, which will have a solid support to achieve the goals and optimize public resources.
In this way, efforts will be focused on meeting the requirements of the National Development Plan 2018 - 2022 'Pact for Colombia, pact for equity', which indicates that the country must reach 70% of households (11.8 million) connected to the Internet.
In terms of public television and radio, these will be strengthened and will make a leap towards digital thanks to the new financing model, guaranteeing the real increase of their budget each year and encouraging the creation of multiplatform content, thus promoting the preservation of culture and national and regional identity.
"This ICT Modernization Law is a true equity tool that will change lives, as it provides the conditions to connect schools, hospitals and homes in the most remote areas of the country. With this standard, we will be able to reach all those people who historically have not been taken into account, so that they can take advantage of the digital world. In addition, it puts the institutionality of the sector in the international standard and strengthens public television and radio for the benefit of all Colombians," said ICT Minister Sylvia Constaín.
The key points
-The term of the permits for the use of the radio spectrum is extended, going from a limit of up to 10 years to one of up to 20 years, so that private investment is encouraged. This seeks to make the next Spectrum Auction of the 700, 1,900 and 2,500 Mhz bands more effective, and for the country to assume the leadership in mobile connectivity in Latin America.
-As part of the compensation for the use and exploitation of spectrum, the industry will be able to make use of the 'obligations to do' model, that is, the replacement of the payment in money by the deployment of infrastructure or other agreed technical service, which will increase investment, maximize social welfare and provide better rates to the end user.
Long-term investment is focused on the most remote regions of the country, to promote inclusion and accelerate the closing of the digital divide. Likewise, the identification of the real needs of the population will be facilitated to design and execute ICT projects that benefit territorial entities, so that regional capacities are strengthened.
-Creates the single regulator, represented in the new Communications Regulation Commission (CRC) as an autonomous and independent entity, which will be responsible for ordering and ensuring the good provision of the service in the communications sector, including commercial public television. This puts the country's institutionality on the international standard.
-The National Television Agency (ANTV) is liquidated and its functions are divided between the single regulator and minTIC, in order to optimize the sector and make it more efficient.
-The Single ICT Fund is created, as a result of the merger of FonTV and FonTIC. It will guarantee resources for the strengthening and modernization of public television and radio; and will be in charge of financing, promoting and supporting the plans for educational and cultural programming in charge of the State.
-The new financing model of public television establishes a real increase in its budget each year and allocates new resources for the creation of multiplatform content, supported by resources submitted to competition for any Colombian company to participate.
-Sound Broadcasting will be strengthened since the new CRC and the National Spectrum Agency will be given competence to diagnose coverage in different areas of the country, which will allow Colombians anywhere in the territory to be informed through public radio stations.
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