Focus on the role of the general counsel beyond normative and regulatory issues

Chile is a country with unique characteristics in terms of its geography, with very marked and distant extremes from each other. While in the north is located the driest desert in the world, in the south there is rainy, and sometimes inaccessible, Patagonia. This diversity, exquisite and admirable for its landscapes, is what also often hinders the provision of basic services in a timely, homogeneous and efficient manner.

During the pandemic in 2020, we witnessed various realities whose common factor was marked by unequal and sometimes non-existent access to telecommunications networks. In Chile, the telecommunications regulator is Subtel, in charge of supervising operators and managing the radio spectrum, so companies such as WOM can provide their service.

The administration of the radio spectrum must be complemented by effective coordination of the other agencies involved in the process of deploying new infrastructure, or that have the management of assets that are owned by the State. For example, it is necessary to coordinate the use of public spaces with the requirements of environmental regulation, communities and local governments. This lack of coordination between different agencies throughout the country has important consequences, which translate into longer deployment times, ultimately affecting the end user of the telecommunications service. Access to connectivity is a right and for this to materialize, all those involved must do our part and contribute to bridging the digital divide.

Moreover, the current proposal for a new constitution addresses part of this issue.

On the one hand, it enunciates the principle of overcoming the access gap, use and participation in the digital space, its devices and infrastructure, while on the other, it is proposed to declare this last point, telecommunications infrastructure, as a matter of public interest. For me, the above statements are a contribution to developing good policies in telecommunications. I hope that this will also serve as a basis for generating Chile’s digital agenda, which includes the long-term panorama of spectrum, its future tenders and that it also pronounces on the necessary and expected coordination between state institutions involved in infrastructure development.

After 12 years as a telecommunications lawyer, I understand that the role of legal management goes far beyond normative and regulatory issues. Thus, having efficient legal management means being able to deliver the appropriate and timely guidelines and tools to the rest of the company, so that we can finally offer access to connectivity quickly, fairly and of quality. Technology evolves faster than legal regulation, so those of us who participate in this market must ensure that our actions are always reflected for the benefit of consumers, respecting and guaranteeing that regulations are complied with. Democratising access to connectivity is our purpose, but it should be that of all institutions and companies that are part of the industry.