Ministry of Communication and Digital Affairs Prepares Amendments to Telecommunications Law to Accommodate Modern Technologies

The Ministry of Communication and Digital Affairs (“Komdigi”) has confirmed plans to amend Law No. 36 of 1999 on Telecommunications (“Law 36/1999”). Director General of Digital Infrastructure at Komdigi, Wayan Toni Supriyanto, explained that this deregulation initiative in the national telecommunications industry aims to ensure that the regulatory framework remains adaptable to modern technological developments, such as 5G, cloud computing, and the GovTech ecosystem.

“The process of formulating this regulatory reform will be carried out gradually through public consultations involving industry players and relevant stakeholders,” Wayan told Hukumonline.

Furthermore, the government will promote the build once, share together principle through the shared use of telecommunications towers and poles, the development of integrated utility corridors, affordable open access, and the standardization of regional levy benchmarks. These measures are intended to address the widespread overlap of regional regulations concerning site permits and rights of way.

The government is also considering quality-of-service-based Public-Private Partnership (Kerja Sama Pemerintah dan Badan Usaha – “KPBU”) schemes, incentives for radio frequency Usage Fees (Biaya Hak Penggunaan – “BHP”) in underdeveloped, frontier, and outermost (Tertinggal, Terdepan, dan Terluar – “3T”) regions, and demand assurance arrangements under which the government would act as an anchor tenant for internet services provided to schools, community health centers, and village offices. “We aim to begin discussions on the regulatory framework in the near future,” he added.