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Public Consultation about “Preliminary Draft: Regulatory Provisions on Satellite Communication”

Objective

Federal Telecommunications Institute (Institute) convinced of the importance and relevance of transparency and citizen participation in the elaboration and application of its regulations, as well as in making decisions on various matters of general interest will receive comments, opinions and contributions from any interested party regarding “Preliminary Draft: Regulatory Provisions on Satellite Communication” (Preliminary Draft), based on Articles 1, 2, 7, 15, Sections I y XL, y 51 of the Federal Telecommunications and Broadcasting Law; 1, 4, Section I, 6, Sections I y XXXVIII, 27 y 28, Section I, of the Organic Statute of the Federal Telecommunications Institute; and Guidelines First, Third, Section II, Seventh, Eighth, Ninth, Eleventh and Twenty First of the Public Consultation and Regulatory Impact Analysis Guidelines of the Federal Telecommunications Institute.

Preliminary Draft aims to update the regulatory framework of Satellite Communication in terms of the Federal Telecommunications and Broadcasting Law. The regulation proposal intends, among other things, to regulate: i) the use, enjoyment and exploitation of satellite communication and satellite orbits and their associated frequency bands; ii) the operation of national satellite systems, and aspects related to the obligations of orbital resources concessionaires; iii) considerations related to the authorization of landing rights and authorizations of transmitting earth stations, and iv) figures not expressly provided in the Federal Telecommunications and Broadcasting Law, but which are an important part of Satellite Communication and must be regulated in order to give certainty to individuals, such as spacecraft, short-duration mission services and ancillary terrestrial component.

By virtue of the foregoing, public consultation seeks to make the regulatory proposal, its regulatory impact analysis, and the reference document entitled “Explanatory document of the articles of the Preliminary Draft: Regulatory Provisions on Satellite Communication”, which is only available in Spanish and it is not properly subject of consultation.

Launching Day

February 26, 2020

Public Consultation Period

From February 27, 2020 to August 03, 2020(30 business days)

Public Consultation Guidelines

Institute will receive the comments, opinions and contributions that are made regarding Preliminary Draft: Regulatory Provisions on Satellite Communication, through the following email address consultasatelital@ift.org.mx or, by written submission in the Correspondence Office of the Institute located in Insurgentes Sur 1143, Nochebuena, territorial demarcation Benito Juárez, Zip Code 03720, Mexico City, Monday through Thursday from 9:00 a.m. to 6:30 p.m. and Fridays from 9:00 a.m. to 3:00 p.m.

Institute makes available to all those interested in participating in this public consultation process the “Format for participating in the Public Consultation”, available for download at the beginning of the right column of this section, so that it can be answered and referred to the Institute as indicated in the preceding paragraph.

The information that the interested parties send to the Institute, according to the terms described in this mechanic, in relation to this public consultation process will not be binding, notwithstanding that the Institute may analyses them in a document that reflects the results of said consultation, which will be made public in this section, prior to the Plenary of the Institute making a determination on this matter.

The opinions, comments, proposals, contributions or other elements of analysis shall be submitted in Spanish or in English with their respective translation into Spanish.

For any questions, comments or concerns about this public consultation process, the Institute makes available to all interested parties the following contact points: Olmo Fabián Ramírez Soberanis, Director of Technical Analysis and Orbital Resources, email: olmo.ramirez@ift.org.mx and telephone number 55 50154000 extension 4003; Gerardo Martínez Nava, Deputy Director of Technical Analysis and Orbital Resources, email: gerardo.martinez@ift.org.mx and telephone number 55 50154000 extension 4174; Marisol Cuevas Tavera, Deputy Director of Regulatory Analysis and Projects, email: marisol.cuevas@ift.org.mx, and telephone number 55 50154000 extension 4872, who will be available at the same business hours as the Correspondence Office of the Institute.

With the purpose of ensuring greater accessibility and inclusion in its public consultation process, the Institute makes available to all interested parties the documents and information subject to this consultation process, in different formats (e.g., .docx and .pdf files) in order to facilitate its handling, reading and decoding by voice. In the case of any discrepancy on the accessibility of this section, please contact us through the following telephone number 800 2000 120, or at the following email addresses atencion@ift.org.mx  or jose.hernandez@ift.org.mx , so that, within no more than 72 hours after receiving your request, the corresponding document and information can be sent to you in accessible format.

Applicable previsions

Once public consultation process is finished, the Institute will not receive any further comments, opinions and contributions.

In the event that the information sent to the Institute about this consultation process is carried out on behalf of another person, whether legal or natural person, a simple copy of the document with which said representation is accredited must be attached electronically. Otherwise, the request will be understood and recorded in this section on behalf of the sender.

Information that is not related to the purpose of this consultation process will not be addressed or published.

2020

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Information, comments, opinions, contributions or any elements of analysis that the Institute receives in relation to Public Consultation will be published entirely on its Internet portal in accordance with the provisions of the Eighth Guideline of the Public Consultation and Analysis of Regulatory Impact Guidelines of the Federal Telecommunications Institute and, they will be invariably considered public except as provided in Federal Transparency and Access to Public Information Law, Transparency and Access to Public Information General Law, as well as General Protection of Personal Data in Possession of Obliged Subjects and General Guidelines for the Protection of Personal Data of Public Sector.

In accordance with the provisions of the “Agreement by means of which the Governing Board of the Federal Telecommunications Institute approves its annual calendar of ordinary sessions and the annual calendar of work for the year 2020 and the beginning of 2021”, activities of the Institute will be suspended on March 16, April 6 to 10, May 1st, and from July 20 to 24 and from 27 to 31, 2020, including Saturdays and Sundays.

By virtue of the foregoing, during the period of suspension of activities of the Institute, you may send your comments, opinions and contributions related to this public consultation, through the email account enabled for such purposes, and these will be received and registered by this autonomous constitutional entity, from the next business day, in accordance with the provisions of Article 29, third paragraph, of the Federal Administrative Procedure Law.

On March 4, 2020, the Governing Board of the Federal Telecommunications Institute approved to extend the term of public consultation for a period of 20 (twenty) business days to the originally planned.

On March 20, 2020, the Governing Board of the Federal Telecommunications Institute approved the “Agreement by which the Governing Board of the Federal Telecommunications Institute, due to force majeure, determines the cases in which the terms of the law are suspended, as well as its exceptions, based on the provisions of articles 28, second and third paragraphs of the Federal Administrative Procedure Law; 115, second paragraph and 121 of the Economic Competition Law, on the occasion of the contingency measures of the so-called coronavirus COVID-19 ”, by means of which the processes are suspended and consequently the legal terms for the procedures, actions will not run, investigations and procedures in the telecommunications and broadcasting sector in order to avoid health risks to all public servants of the Institute or those who come to the Institute´s building. In this sense, the Institute informed the suspension of terms from March 23 to 27, 2020.

Likewise, on March 26, 2020, the Governing Board of the Federal Telecommunications Institute approved the "Agreement by which the Governing Board of the Federal Telecommunications Institute declares the suspension of the work activities due to force majeure, for the purpose of contingency measures of the coronavirus pandemic COVID-19 and determines the essential functions of the Institute, which continuity must be guaranteed to help, within its scope of competence, in the mitigation and control of the health risks implied by the disease caused by the SARS-CoV2 virus (COVID-19) ”, through which work activities are suspended due to force majeure, from March 30 to April 3 and from April 13 to 17, 2020.

On April 2, 2020, the Governing Board of the Federal Telecommunications Institute approved the modification to “Agreement by which the Governing Board of the Federal Telecommunications Institute declares the suspension of the work activities due to force majeure, for the purpose of contingency measures of the coronavirus pandemic COVID-19 and determines the essential functions of the Institute, which continuity must be guaranteed to help, within its scope of competence, in the mitigation and control of the health risks implied by the disease caused by the SARS-CoV2 virus (COVID-19) ”, published in the Official Gazette on March 31, 2020, through which the suspension of work activities is extended to April 30, 2020.

On May 1st, 2020, the Governing Board of the Federal Telecommunications Institute approved the "Agreement by which the Governing Board of the Federal Telecommunications Institute declares the suspension of work activities due to force majeure, for the purpose of contingency measures for the coronavirus pandemic COVID-19, and determines the essential functions of the Institute to guarantee continuity and quality in the provision of telecommunications and broadcasting services” through which work activities are suspended and, consequently, the days from May 1st to May 30, 2020.

On May 29, 2020, the Governing Board of the Federal Telecommunications Institute approved the modification to "Agreement by which the Governing Board of the Federal Telecommunications Institute declares the suspension of work activities due to force majeure, for the purpose of contingency measures for the coronavirus pandemic COVID-19, and determines the essential functions of the Institute to guarantee continuity and quality in the provision of telecommunications and broadcasting services”, through work activities are suspended and days from May 1st to June 30, 2020 are non-working days, resuming the computation of business days from July 1, 2020, which the term of public consultation extends until August 3, 2020.

Therefore, during the period of suspension of processes, you may send your comments, opinions and contributions related to this public consultation, through the email account enabled for such purposes, and these will be received and registered by the Institute, from July 1st, 2020, in accordance with the provisions of article 29, third paragraph, of the Federal Administrative Procedure Law.

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