Colombia’s CRC Study Finds No Basis for Charging OTT Platforms for Network Use

The Communications Regulation Commission (CRC) of Colombia has released its “Study of OTT Digital Services Platforms 2024,” concluding that there is no technical evidence to justify charging over-the-top (OTT) platforms for using the country’s telecommunications networks. The study, which analyzed the interaction between users, telecom operators, and digital platforms, found that data traffic growth has decelerated significantly in recent years.

The CRC’s analysis, developed after public consultations with operators, platforms, and academic institutions, determined that the relationship between these three parties is mutually beneficial. Digital platforms drive demand for data, telecom operators provide the necessary connectivity, and users gain access to a wider variety of services and content. The study found no evidence linking the increase in data traffic to unexpected or unplanned investments by operators, considering traffic growth a predictable part of network planning.

The study detailed several key findings regarding digital consumption in Colombia:

• Traffic Growth: The annual growth rate of data traffic in Colombia fell from 103% in 2021 to 10.1% in 2024. This trend contradicts the argument that OTT platforms should be obligated to pay operators for network usage.
• Local Traffic: The majority of fixed and mobile internet traffic now circulates through local peering or cache systems, which may be related to the increased number of data centers deployed by digital ecosystem players.
• Smartphone Use: Smartphone ownership increased from 84% in 2021 to 88% in 2024. Of the surveyed users, 74% use online applications for calls (up from 66% in 2021) and 78% for messaging (up from 69% in 2021). WhatsApp (WhatsApp), owned by Meta Platforms, Inc. (Nasdaq: META), was identified as the most used messaging platform.
• Content Platforms: Approximately 32% of surveyed individuals over 15 years old access audiovisual content platforms. The most used were Netflix (Netflix: NFLX) and Disney+ (The Walt Disney Company: DIS). In the audio sector, 92% of respondents did not have a paid subscription. Among those with a subscription, Spotify (Spotify Technology S.A.: SPOT) was the most used at 47%, followed by YouTube Premium (Alphabet Inc.: GOOGL, GOOG) at 23%.

The report also highlighted that while the use of digital services is increasing, digital infrastructure remains concentrated in major cities, which may limit quality and access in peripheral regions.

Based on its findings, the CRC has outlined four strategic lines of action, some in collaboration with the Ministry of Information and Communications Technologies (MinTIC):

• Regulatory Project: A new regulatory project with a normative impact analysis will be launched to further analyze the relationship between OTT platforms, operators, and users.
• Reporting Adjustments: The CRC plans to adjust information reporting requirements to monitor user traffic by network type and platforms accessed.
• New Study: A new study will be conducted to identify and disseminate tools that help users avoid unsolicited content.
• Child Protection: The CRC will work with MinTIC to promote the safe use of technology and protect children and adolescents, in compliance with Law 2489 of 2025.

Video streaming. Photo credit: Frank_Rietsch from Pixabay.