The last three months have seen significant regulatory developments in Latin America (LATAM), affecting in particular: the making available of radio spectrum; the regulation of the retail and wholesale mobile markets; and the recognition of constitutional rights to internet access.

Argentina published the rules to auction 300 MHz in the 3.3–3.6 GHz band to offer 5G mobile services, and directly assigned 100 MHz in the 3.6–3.7 GHz band to the state-owned satellite and fibre operator, Arsat. It also published a call for expressions of interest to provide local broadband services using the 450 MHz band.

Brazil consulted on spectrum usage requirements. The Chilean Supreme Court ruled against the decision of the Chilean telecoms regulator, Subtel, to allow Claro to use its 3.5 GHz concession to provide 5G mobile services. The decision was made on the basis that any 5G frequencies must be assigned through a public tender. Colombia consulted on the rules to auction 5G spectrum in the 700 MHz, 1900 MHz, AWS, 2.6 GHz and 3.5 GHz bands in December 2023.

The agreement eliminating roaming charges between Chile and Brazil came into effect. Colombia consulted on the review of the retail mobile services market. Peru established new rules for the modification of retail offers during a customer’s minimum contract commitment term.

Brazil unconditionally approved Vivo (Telefónica)’s lease of Winity’s 700 MHz spectrum (2x5 MHz) in 1,120 cities. Peru published procedural rules for mandatory national roaming.

Mexico City made free broadband internet access in public spaces a constitutional right, while the Peruvian Constitution recognized the right to internet access. Colombia regulated the self-provision of local fixed internet access services by organised “connectivity communities”.

Other news from the region includes Colombia exempting small unregistered fixed internet service providers (ISPs) from contributing to the ICT Fund, and Peru increasing the maximum thresholds for fines imposed by the telecom regulator, Osiptel.

Cullen International’s latest LATAM Telecoms Update highlights policy developments over the past three months affecting the regulation of radio spectrum, wholesale networks and consumer protection in six markets in the region: Argentina, Brazil, Chile, Colombia, Mexico and Peru.

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