Mexico: Guidelines For Granting Concessions Of Telecommunications And Broadcasting

On July 24, 2015, the Guidelines for Granting Concessions of Telecommunications and Broadcasting were published in the Official Gazette of the Federation ("DOF" for its acronym in Spanish). The Guidelines became effective the day after their publication in DOF, this is, July 25, 2015.

The Guidelines establish, in a clear and precise manner, the terms and requirements to be met by those persons interested in obtaining from the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, "IFT", for its acronym in Spanish) a concession of the ones established in the Federal Law on Telecommunications and Broadcasting (the "LFTR" for its acronym in Spanish).

As may be recalled, the LFTR regulates the following types of Concessions:

• Sole Concession, which is used to render all kind of public telecommunications and broadcasting services. For its purposes, the Sole Concession is also classified in (i) commercial use; (ii) public use; (iii) private use; (iv) social use; (v) communal social use; and (vi) indigenous social use.
• Concession of radio spectrum, which is granted to use, develop and exploit frequency bands from the radio spectrum for determined use. For its purposes, the Concession of radio spectrum is also classified in (i) commercial use; (ii) public use; (iii) private use; (iv) social use; (v) communal social use; and (vi) indigenous social use.
• Concession of orbital resources, which is granted to use and exploit orbital resources. For its purposes, this Concession is also classified in (i) commercial use; (ii) public use; (iii) private use; (iv) social use; (v) communal social use; and (vi) indigenous social use.

Likewise, the Guidelines establish those requirements to be met by current concessionaires who obtained their corresponding concessions under the federal laws of telecommunications and radio and television (repealed by the LFTR), to move into the new concession regime set forth by the LFTR. By virtue of the aforementioned, the Guidelines establish the new requirements for current concessionaires to transit their concession to the sole concession and to consolidate concessions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.