Analysis of the Regulatory Landscape and Impact of OTT (Over-the-Top) Technology Platforms in Colombia

Abstract

The growth of Over-The-Top (OTT) platforms has generated regulatory and economic challenges for the telecommunications ecosystem in Colombia (Bilbil, 2018). These platforms utilize network infrastructure without assuming equivalent responsibilities for its financing, which has increased the pressure on traditional operators (IFT, 2021; Piraján Aranguren & TIC, 2019). Although their role in digital transformation is acknowledged, an equitable regulatory framework remains lacking (CRC, 2024; Piraján Aranguren & TIC, 2019). This study provides a comprehensive analysis of current regulations, their gaps, and the economic impact of OTTs, with the aim of generating useful proposals for the development of public policies (Shruti Das & Dr. Deepshikha Sharma, 2024).

This research is based on studies conducted by the Communications Regulatory Commission (CRC), which since 2018 have documented how OTT services are modifying consumption habits, displacing traditional services such as Short Message Service (SMS), mobile calls, and subscription television (CRC, 2018, 2024). In its latest report, the CRC confirms that Colombians are using these platforms while also maintaining the use of traditional services, which is transforming the balance of the digital ecosystem (CRC, 2022). In 2024, the CRC opened a public consultation to discuss regulatory options, marking a milestone in the institutionalization of the issue (Developing Telecoms, 2024). Internationally, the regulatory models of India (Shruti Das & Dr. Deepshikha Sharma, 2024), Europe (Panda et al., 2021), and Latin America stand out, where countries like Mexico and Panama have also made progress in regulatory proposals (ASEP, 2018; IFT, 2022).
Methodologically, this is a qualitative, descriptive, and non-experimental study based on document review. The target population consists of regulatory studies and documents from 2018 to 2024. Sixteen academic and technical sources were selected as the sample. Comparative analysis matrices, SWOT analysis, and regulatory review were used (Chandavarkar et al., 2023; Saggu & Mohan, 2024).

Methodologically, this is a qualitative, descriptive, and non-experimental study based on document review. Preliminary results highlight the urgent need to establish a regulatory framework that incorporates criteria of equity, infrastructure sustainability, and clarity regarding the obligations of OTT services to the national network (CRC, 2024; Panda et al., 2021). The CRC has also identified the transformation of the competition model in Colombian households and businesses (CRC, 2023). Furthermore, the study by Leventhal Greenspun (2019) emphasizes the need for regulation from an audience perspective, while Pertúz Avilés (2021) delves into the effects of OTT services on public television.

In conclusion, these findings reaffirm that Colombia is at a crucial juncture in defining the relationship between OTT services and the traditional telecommunications system. This research makes an original contribution by identifying critical regulatory gaps, integrating international regulatory experiences, and proposing analytical guidelines that serve as input for the design of fairer, more sustainable, and contextualized public policies (ASEP, 2018; CRC, 2023, 2024; IFT, 2022; Shruti Das & Dr. Deepshikha Sharma, 2024).