Thinking of the internet as a utility-type service is increasingly common, but policymakers need to be mindful of the industry’s need to innovate
A new right to have an internet connection installed: The Colombian Parliament approved an amendment to the country’s ICT law (Law 1341/2009) which makes internet access an essential public service in the same way as water, electricity, and gas. The previous versions of the law already included a more generic right to “basic ICT services” as part of the right to communication, information, and education, however the amendment introduces more detailed rights for citizens, and more specific provisions for telecoms operators. Consumers will be given the right to accessible and competitive tariffs, regardless of where they are in the country. Crucially, they will have a guaranteed right to the installation of an internet service, the maintenance of the network, and the deployment of the necessary infrastructure. The law doesn't establish a minimum speed, nor does it stipulate technology. However, in 2017 the country adopted a definition of ‘broadband’ that mirrors the one of the US (25Mbps in download, 5Mbps in upload).
A law partly inspired by the circumstances around COVID-19: Many of the provisions of the new law are designed to respond to emergencies like COVID-19, and closely follow the measures adopted by operators in many countries. During similar emergencies, operators will be required to guarantee continuous provision of the service for everyone. They will not be able to suspend installation or maintenance work. There will be safeguards for customers to stay connected even when they are in arrears with the payment of their bills. Educational, healthcare and Government websites will be zero-rated for subscribers on low-value plans. To expand internet coverage in remote areas, incentives are set out for smaller providers.
Policymakers should refrain from treating all broadband services as dumb pipes: Colombia may have taken all this a bit too far, but is certainly not alone in recognising the internet as an essential service – even Joe Biden has touted broadband “as the new electricity.” COVID-19 may have exposed the paradox of telecoms services – vital for innovation and economic growth, yet for the same reason at high risk of being regulated prescriptively and treated like a dumb pipe. Policymakers will need to tread carefully if they do not want to stifle innovation, and will need to leave operators the freedom to develop new revenue streams so that they can deliver connectivity to as many as possible.
