Comisión Reguladora de Telecomunicaciones

IFT Plenary puts an end to the procedures initiated by Axtel and Avantel to resolve interconnection disagreements with Telefónica

• With this, the disputes initiated in 2008 between the companies, after they reported that signed amendment agreements where the terms and rates agreed to interconnect their networks are concluded
• Multiprogramming access to seven IPN TV stations, one for Channel 21 of the Federal District and one for the Public Broadcasting System of the Mexican State it is authorized
• The report of the recommendations issued by the Advisory Council and agreed that the relevant areas of analyze and develop the appropriate response was received

At an extraordinary meeting held on May 29 this year, the Plenary of the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) decided to terminate the proceedings initiated in 2008 by Axtel and Avantel, respectively, to resolve interconnection conditions not agreed with Pegaso PCS, S.A. de C.V. (Telefónica).

In the case of Avantel with Pegasus, the Plenary ordered the closure of the respective records by virtue of the amendment agreements concluded by the parties to establish the terms, conditions and rates of fixed and mobile termination not agreed for the years 2005-2010 in the mode "local calling party pays".

Regarding disagreements between Axtel and Pegasus, the Plenary ruled that because both companies said they had reached an agreement on termination rates for fixed and mobile and other terms and conditions of interconnection for the years 2005-2011, in the mode "local calling party pays" through the signing of agreements Amending the Framework Agreements Servicing interconnection, is without effect the provisions of the resolution of October 20, 2012 in which it had determined the conditions and interconnection rates for the period from 2008 to 2011.

In this sense, the will of the parties expressed in the amendment agreement was privileged, as established by the Interconnection Law.

Moreover, in an ordinary session, held on June, Tuesday 3^rd, the Institute authorized the Instituto Politécnico Nacional the access for 7 multiprogramming television stations for the locations of Cuernavaca, Morelos; Durango, Durango; San Luis Potosi, San Luis Potosi; Tijuana, Baja California; Valle de Bravo, State of Mexico; and Culiacan, Sinaloa.

The Institute authorized the access to multiprogramming to the Public Broadcasting System of the Mexican State for the transmission of the signal of the Canal del Congreso TV channel; as well as for the Government of the Federal District regarding the sign of the Legislative Assembly of the Federal District, both for the City of Mexico.

Multiprogramming is the distribution of more than one channel of programming on the same frequency of the station. With these regulatory actions major program content through the same spectrum resource are promoted and contributes to the diversity and plurality in favor of the population.

In other business, at the same meeting, the plenary decided to impose sanctions and the loss of state assets for the benefit of the nation, derived from the administrative procedure initiated against an individual who used the frequency 163.5100 MHz in the Federal District and Metropolitan area, without the prior grant, permit, or authorization.

Similarly, the report of the recommendations issued to date by the Advisory Council of IFT, on various topics of the regulatory agenda received: Proposed Draft Guidelines cooperation in security and justice, broadcasting permit holders whose are applicable for the Community and indigenous social concession, Guidelines for transition grants for permission to broadcast, Programming and child audience and response to expressions of interest for the Wholesaler Shared Networking project.

In this regard, the Plenary agreed that the relevant areas analyze and develop the appropriate response, such that the Commissioners know when put to its consideration on issues to deal.