The National Assembly of Nicaragua has approved the General Telecommunications Law, which repeals Law 200 on Telecommunications and Postal Services, in effect since 1995.
This new regulatory framework aims to regulate and oversee the development of telecommunications, as well as plan and control the use of public resources in the radio spectrum and numbering. The goal is to ensure efficient use of telecommunications infrastructure and services.
The law will apply to the following parties:
- Public Telecommunications Service Operators
- Audiovisual Communications Service Providers
- Individuals or entities that use public resources managed by TELCOR
- Users of Public Telecommunications Services and Audiovisual Communications Services
- Owners of satellite systems or fleets that require signal landing in national territory
- Individuals or entities that import telecommunications equipment
The Nicaraguan Institute of Telecommunications and Postal Services (TELCOR) will be responsible for implementing this regulation, equipping itself with regulatory tools to ensure efficiency in the use of infrastructure and services, aligning with the market competition principles established in Nicaragua’s Political Constitution.
This institution will be responsible for granting licenses for public telecommunications services, audiovisual communications services, and the right to use the radio spectrum. Licenses will be valid for 10 to 20 years and may be renewed upon request.
TELCOR may also implement an Experimental Regulation Mechanism (Sandbox), which will facilitate and encourage the introduction and testing of new technologies, innovative products, emerging services, and disruptive business models by public telecommunications service operators and audiovisual communications service providers. This mechanism will be subject to a flexible or exceptional regulatory framework designed to promote innovation in the sector.
User Rights
The new legislation includes significant rights for users, such as:
- Prohibition of charges for unsolicited services: Companies will not be allowed to charge for services that were not requested.
- Number portability: Users will be able to keep their phone number when changing providers.
- Accessibility for people with disabilities: The availability of sign language interpreters and appropriate conditions in service centers will be ensured. Additionally, users will be able to receive their bills with personalized accessibility features according to their needs. Each service center must have the necessary infrastructure to guarantee accessibility for people with disabilities.
The law also establishes the Convergent Telecommunications Development Fund (FODETEC), which will aim to close the digital divide in Nicaragua and support projects promoting digital inclusion and transformation.
Furthermore, the law seeks to attract both domestic and foreign investments in the sector and develop the infrastructure needed to improve service coverage and quality across the country.
The law was published in The Gazette on November 6, 2024, and will come into effect within 12 months. This transition period will provide operators and TELCOR with the necessary time to make the required adjustments and adapt to the new legal framework.
terencio.garcia@garciabodan.com
Regional Managing Partner
García & Bodán
Nicaragua