Regulatory Sandbox

Through Decree 1448 of 2022, the Ministry of Information and Communication Technologies ("Ministry of ICT") determined the conditions of the Regulatory Sandbox to promote innovation in the provision of communications networks and services.

The Decree applies to Telecommunications Network and Service Providers, Sound Broadcasting Providers, and Postal Service Operators ("Providers") who wish to offer products, services and solutions focused on innovation in any aspect of the provision of communications networks and services.

Under Decree 1448, the Sandbox will be developed in four (4) phases implementation, evaluation, experimentation, and exit.

In the implementation phase, the Ministry of ICT will publish on its website the opening of the public call for bids, indicating the dates, the requirements to be part of the Sandbox, and the process of review and qualification of the Providers.

In the evaluation phase, the Ministry of ICT, according to the number of qualified proposals, will publish a schedule that establishes:

  1. The deadline for the publication of the preliminary evaluation report of the proposals under the criteria for selection established in Decree 1448.
  2. The date of submission of the proposals regarding the information and collection protocols to be applied during the experimentation phase, as well as the corresponding exit plan;
  3. The period the entity will have to review the corrections made to the proposals; the date of publication of the final list with the proposals admitted in the Sandbox;
  4. The submission for the opinion of the competent authority, if required, and the estimated date of issuance of the administrative act authorizing the continuation of the experimentation phase.

The criteria for selection of the proposals established in Decree 1448 are as follows:

  1. Innovation: the proposal must demonstrate that it integrates innovation with respect to the offer available in the market.
  2. Benefits to citizens: the proposal should identify the benefits to citizens.
  3. Demonstrated necessity: the proposal must show why it cannot be implemented under the current regulatory framework.
  4. Experience of the Provider: the proposal must demonstrate that the Provider can implement it adequately.

Additionally, Providers admitted in the evaluation phase must determine the risks derived from the proposal and the safeguards to protect the users involved, as well as the indicators to measure the success of the project.

Once the evaluation phase is completed, the Ministry of ICT will authorize the Providers to start the experimentation phase. In this phase, Providers may start the commercialization or use of their products, services, or solutions according to the conditions previously authorized by the Ministry of ICT.

The duration of the experimentation phase shall be up to twelve (12) months, which may be extended once for up to twelve (12) more months. The initial period will be counted from the communications to the Ministry of ICT, of the beginning of the commercialization or use of the products, services, or solutions by the Provider.

Finally, once the end of the experimentation phase has expired, the exit phase will begin. In this phase, Providers participating in the Sandbox will be able to:

  1. To finalize the project: in this case, the Providers will have four (4) months to close the project, which will be counted once the experimentation phase is completed.
  2. Transition to the general regulatory framework: to continue with the commercialization or use of the products, services, or solutions, Providers may make the necessary adjustments and comply with the current regulatory framework, for which they will have four (4) months, which will be counted once the experimentation phase is over.
For more information contact our team