Public Consultation: Reform of the General Telecommunications Law in the Dominican Republic
Issuing Organization
The Instituto Dominicano de las Telecomunicaciones (INDOTEL) has released a synoptic table outlining the proposed guidelines for the comprehensive reform of the General Telecommunications Law (LGT) of the Dominican Republic.
Summary of Proposed Changes
The reform seeks to modernize the legal framework to account for technological convergence and the digital economy. Key proposed changes include:
- Expanded Regulatory Scope: Inclusion of Information and Communication Technologies (ICT) and Over-the-Top (OTT) services within the regulatory framework.
- Unified Licensing Model: Transitioning from service-specific concessions to a single, convergent licensing regime to reduce bureaucratic burdens.
- Infrastructure Sharing: Mandatory sharing of passive infrastructure and facilities among operators to facilitate the deployment of next-generation digital networks.
- Spectrum Management: Introduction of dynamic spectrum use, refarming mechanisms, and technological neutrality across licensed bands.
- Critical Infrastructure Regulation: Formal definition and regulation of data centers and critical network elements, including mandatory registration and minimum resilience standards.
- Net and Technological Neutrality: Legal consecration of net neutrality and the right of providers to choose the most appropriate technology for service delivery.
Impact on Manufacturers and Type Approval
Manufacturers of radio devices and telecommunications equipment will be impacted by several proposed shifts in the certification and compliance landscape:
- Revision of Homologation Rules: The reform proposes a review of equipment type approval (homologation) procedures, specifically prioritizing interoperability and digital security.
- Resilience Standards: Manufacturers of infrastructure equipment may need to meet specific resilience certifications (e.g., Tier-type certifications) and energy redundancy requirements.
- Cybersecurity Compliance: New powers granted to INDOTEL will allow for the mandatory adoption of international security standards to protect the integrity of the national telecommunications system.
- Labeling and Technical Parameters: While specific new labeling requirements are not detailed in the synoptic table, the emphasis on "digital security" and "interoperability" suggests that technical parameters for certification will be updated to align with modern international standards.
Permitted Radio Bands and Technical Parameters
The proposal introduces significant changes to how radio frequencies are managed:
- Technological Neutrality: Manufacturers and operators will be permitted to use any technology within assigned frequency bands, provided they comply with the National Frequency Attribution Plan (PNAF).
- Spectrum Refarming: The regulator will have enhanced powers to manage and reorganize spectrum to ensure efficient use, which may affect the deployment of devices in specific bands.
- Management of Critical Resources: INDOTEL will assume direct management over critical digital resources, including IP address blocks and domain names.
Cybersecurity and User Protection
The reform introduces two new chapters focusing on modern digital challenges:
- Cybersecurity: Establishing the obligation for service providers and platforms (including IoT and OTT) to report failures or attacks and to implement standardized security criteria.
- User Protection: Expanding rights to include digital privacy, protection against spam, and specific accessibility requirements for users with disabilities.
Feedback and Deadlines
Stakeholders, including manufacturers and industry associations, are encouraged to review these guidelines as they form the basis for the upcoming legislative drafting. Note: The provided synoptic document outlines the reform items and justifications; stakeholders should refer to INDOTEL’s official public consultation portal for the specific deadline for submitting formal comments and the designated channels for feedback.
