During its first year of activities, the Federal Telecommunications Institute issues several provisions in favor of developing improved services (Press Release 40/2014)
During its first year of activities, the Federal Telecommunications Institute issues several provisions in favor of developing improved services
- It modified the operative standards of numerical portability to expedite this process for users
- It performed an exhaustive review process of all telecommunications and broadcasting concession titles in force
- Created the Public Concessions Registry to integrate and update all concessions’ information
- It began the bidding of two geostationary orbital positions to provide satellite capacity for fixed satellite services
During its first year of activities, the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) carried out specific actions in favor of the telecommunications sector and the users of these services: it modified numerical portability operational standards, reviewed the concession permits in force, created the Public Concession Registry and began the tendering process of two orbital geostationary positions to provide satellite capacity for fixed satellite services, among others.
Numerical Portability
With the purpose of ensuring access to the numerical portability right, which is the right of users to preserve their telephone number regardless of the service operator they choose, the Plenary of the IFT approved modifications in the operational specifications of this process in order to make them faster and more transparent for users.
- It is indispensable for prepaid mobile telephony subscribers that users requesting a change of company (mobile carrier) have a confirmation PIN (Personal Identification Number) generated by the Database Administrator (Administrador de Base de Datos, ABD). This PIN must be sent via a text message to the corresponding number upon request of the selected telephone company.
- A numeral was added for the obligation of concessionaires to deliver the invoice of the services acquired at least 10 natural days before the payment deadline.
The amendments approved by the Plenary derive from the agreements unanimously reached by the Portability Technical Committee; a forum presided and coordinated by the IFT, with the participation of telecommunication services providers who have an assigned number.
The purpose of these measures is to provide the users elements to simplify the process to of porting their telephone number if they want, reduce the potential obstacles to carry out the required process, and provide more clarity, certainty and transparency to the implementation of portability.
Public Concessions Registry
As part of the 180 Days Agenda and in compliance of the mandates included in fractions V and VI of the Eighth transitory article of the telecommunications Constitutional Reform Decree, the IFT created the Public Concessions Registry in March.
The Public Concessions Registry was established after reviewing a total of 3,852 telecommunications and broadcasting concessions files in force and expired. This is a database that contains and updates all the information of the current concessions providing services in telecommunications and broadcasting markets.
This Registry, designed in a digital platform that can be consulted on line for free, displays all the relevant information of the telecommunications and broadcasting concessions (name of the concessionary, issuance date, duration, coverage, authorized services and, if applicable, frequency bands, orbital positions and/or related satellite systems, among other data).
Concession Permits Review
On the other hand, the Supervision & Verification Unit and the Radio & Television Systems Unit reviewed all the files integrated of concessionaires, a total of 3,323 telecommunications and broadcasting concession permits in force. With this action, the IFT was able to generate updated information on their compliance status and integrate the documentation reception and classification process as a structural part of its supervision actions.
Once the review of the concession permits was completed, the Institute issued information requirements for operators who had incomplete files.
Concession titles to offer public telecommunications and broadcasting services allow users to know the options they have and the obligations of concessionaires.
Bidding of geostationary orbital positions
In December 11th 2013, the Plenary of the IFT approved the Bidding Program of two geostationary orbital positions for the provision of satellite capacity for fixed satellite services: 113° West and 116.8° West and their related extended C and Ku bands, countrywide. The Bidding Call and Basis for it were approved on July 16th 2014.
This is the first orbital positions assignment in the country since 2005; therefore, with this process the IFT promotes the participation of a larger number of competitors in the satellite market, which will generate more investments, technological development and improved quality and cost levels in the provision of these services.
According to the Calendar included in the Basis, next September 25th and 26th, the interested parties shall submit the responsibility pledge, a favorable economic status opinion, the economic offers and the occupation guarantee for the geostationary orbital position along with its frequency band of related frequencies. The economic offer envelopes opening session will be carried out in November 25th of the present year and the IFT will notify its resolution on December 11th.
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The Federal Telecommunications Institute (IFT) oversees and promotes competition in the telecommunications and broadcasting sectors (Press Release 39/2014)
The Federal Telecommunications Institute (IFT) oversees and promotes competition in the telecommunications and broadcasting sectors
- The IFT establishes procedures to impose economic sanctions for anti-competitive practices
- It has started to conduct investigations on monopolistic practices related to telecommunications and broadcasted TV.
- The IFT has found a substantial market power in four telecommunications markets concerning dedicated links
- It has authorized several requests for the concentration and assignment of rights among companies
In compliance with its obligation to ensure that all telecommunications and broadcasting services are provided under fair competition conditions, and thus creating more diversity in offers and better prices to the benefit of end users, in its first year of operations, the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) issued resolutions to sanction anti-competitive practices, started a series of investigations for some monopolistic practices, closed some actions filed by the now extinct Federal Commission of Competition, and authorized a number of concentration requests, among other procedures.
Regarding the control of concentrations, the IFT has examined and issued resolutions on 52 cases involving the transfer of ownership interests, rights, or assets in general among economic agents and the requests to obtain permits or concessions for using the radio spectrum.
Therefore, regarding sanctions, the Plenary of the IFT determined that Grupo Televisa and Grupo Megacable, through their affiliates Cablevisión and Megacable, respectively incurred in an absolute monopolistic practice provided in section III, Article 9 of the Federal Economic Competition Law (Ley Federal de Competencia Económica, LFCE) consisting of establishing agreements as competitors to divide, distribute, allocate or impose portions or segments of the production, distribution and commercialization markets of the fixed telephone, restricted television and Internet access services to end consumers in several municipalities of the state of Mexico between 2010 and 2012. As a result of this, the IFT decided to impose a fine on Cablevisión in amount of $8 million 733 thousand 746 pesos, and another one on Megacable for $33 million 576 thousand 102 pesos. In addition to this economic sanction, the IFT ordered Grupo Televisa and Grupo Megacable to stop the proven monopolistic practice and submit mechanisms with terms and deadlines to ensure such measures. It is then, Plenary ruling on these matters.
In another file, on August 2014, the Plenary of the IFT also decided to impose an economic sanction of $53 million 838 thousand pesos on Corporativo Vasco de Quiroga, a Televisa affiliate, as such company did not comply with the conditions set forth at the time when it was authorized to buy stock from Televisión Internacional (TVI), related to the participation of members of their Boards of Directors in other telecommunications services companies.
Also, in December 2013, the appeal lodged by Teléfonos de Mexico was resolved, S.A.B. de C.V., against the decision issued on 25th June 2009 in which it was determined that the company and Telephone West, SA de C.V. wield substantial power in the localities in which they provide relevant services in 97 markets for wholesale leased premises dedicated links, for national long distance, international long distance and interconnection. The Plenary of the IFT confirmed that both companies hold such substantial power in the abovementioned four markets. Both companies filed writs of amparo1 (constitutional proceedings) against such decision which are pending resolution by the Federal Judicial Power.
Moreover, the IFT has initiated several investigations on some practices allegedly violating the LFCE. The IFT started the investigation on the associated monopolistic practices provided in sections VII, IX, X, and XI of Article 10 of the Federal Economic Competition Law in the trading markets for telecommunications services in Mexico, providing Internet services in the national territory, as well as those related to the acquisition, distribution and commercialization of content transmitted in Mexico over the Internet and the restricted television.
Likewise, on March 2014, the IFT began investigating the related monopolistic practices under section XI, Article 10 of the LFCE, in supply market of restricted television in some cities of the state of Sinaloa.
As a result of a complaint that was filed, on April 2014, the IFT began investigating several monopolistic practices under sections V, VI, X, and XI, Article 10 of the Federal Economic Competition Law, regarding the sale of advertising over the broadcasted television in the national territory.
1Editor's note: Legal protection
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The Federal Telecommunications Institute (IFT) undertakes actions and issues regulations to promote competitiveness in the broadcasting sector (Press Release 38/2014)
The Federal Telecommunications Institute (IFT) undertakes actions and issues regulations to promote competitiveness in the broadcasting sector
- With these provisions, a better offer and quality in these services is being promoted
- The bidding process for two broadcast digital television national networks was launched
- The new transition policy towards Digital Terrestrial Television (DTT) was issued
- The IFT provided the guidelines for retransmission of broadcasted television signals over pay television (pay TV).
A year after it was formed, the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) issued several provisions designed to promote greater range of services and improve quality in the field of broadcasting, in compliance with the provisions of the Constitutional Reform in telecommunication matters.
Thus, the IFT started a process for bidding two broadcast TV networks; being the first time this is done in the country, and which will be completed by the 2015 first quarter with the granting and execution of the respective concession titles.
The Decree of the Constitutional Reform in its Eighth Transitory Article, section II establishes that IFT, in order to comply with the “Bidding and Awarding of Digital Broadcast Television Frequencies Program", had to publish the conditions and calls for the bidding of new grouped broadcast television frequencies concessions no later than 180 calendar days as from its effective date, in order to create at least two new television networks with national coverage.
On December 20th, 2013 the Plenary of the IFT published in the Official Gazette of the Federation (Diario Oficial de la Federación, DOF), the Bidding Program with the frequencies and coverage of the broadcast television stations in the country by which two national networks will be created. Later, on January 30th, the Program was modified addressing eight documents with some comments on these matters, as established in Article 17-A of the Federal Law on Radio and Television, effective at such date.
The Call for Bids was published in the DOF on March 7th of 2014 (March 7, 2014), and the Conditions for Bids (Bid No. IFT-1) were made available to the interested parties through the Internet portal of the IFT on March 8, 2014. On June 12th the Plenary amended the call for bids and the calendar established in the Conditions, pending the publication of the secondary legislation derived from the
Constitutional Reform Decree in Telecommunications and Broadcasting matters.
The Call for Bids describes the stations, with the frequencies, coverage, and overall characteristics of the bidding process, while the Conditions for Bids and its appendices provide, among other things, the requirements to be met by bidders, the concession title agreement and the terms in which the process will unfold.
The Conditions for Bids set the timetable for the process and detail the criteria to determine that the awarded party/parties of the Call for Bids will not be purely economic, as the technical, legal and financial capacity of the bidders, the congruence of business plans with constitutional and Bidding Program purposes, as well as aspects related to the limitation, the accumulation of radio spectrum and maximizing coverage, this resulting in the direct benefit of population.
On September 2nd and 3rd of the present year, the parties interested in this bidding process submitted their opinion request on economic competition. The presentation of each of the subsequent stages is specified in the published calendar.
Digital Terrestrial Television (Televisión Digital Terrestre, TDT)
During its first year of operations, the IFT approved the new Policy for the Transition to Digital Terrestrial Television (DTT), which establishes the guidelines to be followed by concessionaires and permit holders to complete the transmission of analog television signals no later than on December 31st of 2015.
This document incorporates comments and reviews submitted by participants in the public consultation held from July 18th to August 8th of this year, and it conforms to the provisions of the new legal framework.
Under the new transition policies, all television stations shall have DTT broadcasting on air no later than on August 15th of 2015.
DTT benefits include multiprogramming, a system which allows transmission of more than one channel of programming on the same transmission channel. The new DTT Policy sets that concessionaires and permit holders shall satisfy the provisions of the Federal Telecommunications and Broadcasting Law, as well as with the guidelines issued by the IFT for such purpose.
The IFT will carry out the actions required to keep the population properly informed about the transition to DTT, specifying the date and time of the termination of analogue transmissions, a task which may be coordinated with agencies of the Pubic Administration to be performed. The concessionaires and permit holders of this service will also be required to carry out campaigns to inform their viewers in a timely manner about this process.
Retransmission of broadcast signals
Moreover, on February 27th this year, the IFT published in the DOF the general guidelines on the retransmission of broadcast signals. This document, which used the information obtained from a public consultation carried out on November 20th and December 19th of 2013, established the technical criteria to duly enforce the obligations set forth in the Constitution for open and restricted television concessionaires in supply and retransmission of broadcast signals.
With this Agreement, the Plenary established that the restricted television concessionaires have the obligation to carry out the retransmission of broadcast television signals in the same geographic coverage area, without having any manifestation of will on the part of the concessionaire of the broadcast television.
Likewise, this resolution establishes that broadcast television and/or restricted television concessionaires that have been declared with substantial power in any of the markets for telecommunications or broadcasting or preponderant economic agents shall have no right to the gratuity rule, which should not impact as an additional cost in the services contracted by subscribers and users.
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The Federal Telecommunications Institute is monitoring the Preponderant Economic Agents comply with the measures provided for the benefit of end consumers and competitors (Press Release 37/2014)
The Federal Telecommunications Institute is monitoring the Preponderant Economic Agents comply with the measures provided for the benefit of end consumers and competitors
- It is the first time that firms with the largest stake in the telecommunications and broadcasting sectors are subject to the measures referred through which protection is provided to consumers, preventing free competition from being affected in service provision
- Its application will allow use of service under the best conditions
Within the first year of operations, the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) has issued regulating provisions of great consequence for the development of the telecommunications and broadcasting sectors, having direct impact on behalf of consumers.
For the first time in the history of telecommunications and broadcasting, companies with the largest stake in this sector will be subject to diverse measures. Its application is surveyed rigorously to provide protection to consumers and to prevent free competition that could affect them.
On March 6th, 2014, the Federal Telecommunications Institute (IFT), in compliance with the Constitutional Reform in Telecommunications matters, issued the resolutions determining the preponderant economic agents in the telecommunications and broadcasting sectors.
Resolutions, celebrated within the first 180 day period after the Plenary was constituted, in agreement with the Constitutional mandate, through which an environment of competition is promoted among service providers and on behalf of consumers.
Telecommunications
Through Agreement P/IFT/EXT/060314/76, the economic interest group (stakeholders) was determined by the Plenary of IFT, being Telmex, Telnor, Telcel, América Móvil, Grupo Carso and Grupo Inbursa, as part of it as PEA of the telecommunications sector. The necessary measures were imposed to prevent free competition from being affected.
The following outstand:
- Wholesale roaming services (national roaming), allowing other mobile companies to provide their services in areas without coverage; hence, consumers can receive and make phone calls though the best possible coverage available.
− Commercialization and resale of services offered to operators lacking of infrastructure (MVNOs, Mobile Virtual Network Operators).
− Service provision of dedicated links, quality conditions to be met by the prevailing economic agent (PEA), (Agente Económico Preponderante, AEP); such as, due delivery periods, fault repairs, minimum quality standards, non-compliance penalties, and all those that allow concessionaires to effectively provide their services through utilization of contracted links.
− Rate control system applicable to prices for fixed end-users, via a price cap approach that includes a basket composed of voice and data services.
− Effective interconnection between mobile operators, fix operators and PEA, and determination of prices in respect to corresponding asymmetric rates.
− Access and sharing of passive infrastructure, via public offers approved by IFT. Free negotiation amongst the parties is privileged and, in case of disagreements, the institute shall decide the rates and conditions apply.
− Consumer protection by prohibiting conditional sales and telecommunications service interruption for non-payment of other goods and services as well as the obligation to provide clear and accurate information about services and fees, as well as unlocking terminals and eliminating roaming charges (roaming) for services rendered within the same network AEP, among others.
− Separation of accounts. Data provision in compliance with methodology established by IFT that will identify the presence of cross-subsidies.
− PEA shall not be able to acquire exclusive transmission rights of relevant audiovisual content determined by the institute or to engage in conducts of similar effects.
− Prohibitions on telecommunications AEP participation in social capital (stake), management or control of AEP in broadcasting were established.
Obligations allowing unbundling of the telecommunication local network were also established:
Provide the necessary information to carry out the unbundling of the local loop and meet all different unbundling types of unbundling set by IFT.
− Participate in a technical committee that will be coordinated by the institute, with the collaboration of the industry, in order to technically implement the unbundling service.
− Provide a reference offer for the unbundling services of the local network with service levels of availability, fault repairing terms, among others.
− Make available to concessionaires, a management plan of the unbundling of frequency spectrum to ensure the deployment of signals of different types in the local loop, so that interference is minimized and the use of the frequency spectrum is optimized.
− Implement applicable tariffs and rates to unbundling services, determined by IFT.
On March 26th, 2014, the Plenary determined the asymmetric rates to be charged by PEA in the telecommunications sector, for the interconnections services to their network. Approved interconnection rates will be effective from the coming into force of the measures imposed by the PEA in the telecommunications sectors and until December, 31, 2014.
Broadcasting
On the other hand, on March 6th 2014, the Plenary of IFT issued a resolution through which the group of stakeholders integrated by Grupo Televisa S.A.B. and diverse related companies was determined, as the PEA in the broadcasting sector. Applicable measures were imposed, outstanding the following:
− Access and sharing of passive infrastructure, via public offers approved by IFT. Free negotiation between the parties is favored and, in case of disagreements, the institute shall decide the rates and id conditions apply.
− PEA shall not be able to acquire exclusive transmission rights of relevant audiovisual content determined by the institute or to engage in conducts of similar effects. Should any of its channels of programming be offered by the PEA to their affiliated companies, subsidiaries, related companies or third parties through any technological platform different from television broadcast, these have to be provided to any other requiring individual under the same terms and conditions. Whenever two or more program channels are offered in package form, these shall likewise be offered unbundled.
− PEA is bound to publish and deliver to the IFT the information regarding advertising services offered on broadcast television, as well as the prohibition on conditioning or apply discriminatory treatment in relation to advertising spaces offered through their diverse technological platforms.
− Procedures as the prohibition on participating in buying clubs without the permission of IFT and establishing prohibitions on AEP participation in broadcasting in the social capital, management or control of AEP in telecommunications, were defined.
Hence, on May 30th, the Plenary of the IFT determined the audiovisual content that cannot be contracted by the PEA to be broadcasted on an exclusive basis:
a) Matches of the Mexican Soccer Team (Men’s main team)
b) Opening and closing sessions of the Summer Olympic Games organized by the International Olympic Committee
c) Opening and closing sessions, opening matches, quarter final, semifinal and final rounds of the World Championship of International Federation of Association Football (Fédération Internationale de Football Association, FIFA), taking place every four years, commonly known as World Cup or Soccer World Cup.
d) Final match of the first division League Cup, organized by the Mexican Soccer Federation, commonly known as MX League.
Both PEA have furnished the IFT with their reference offers for wholesale service provision.
Documentation in reference was reviewed by the institute and handed back past August, including the remarks and requirements necessary to authorize the referred service provision under fair competition conditions. Hence, concessionaires shall file the new proposal meeting the demands requested to the Institute.
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Hacemos referencia al proceso legislativo que se lleva a cabo ante esa Cámara de Senadores, respecto de la legilación secundaria en materia de telecomunicaciones, con motivo del Decreto de reformas a Constitución Política de los Estados Unidos mexicanos, publicado en el Diario Oficial de la federación el 11 de Junio del 2013. Como órgano constitucional autónomo que comparte según la Suprema Corte de Justicia de la Nación las características de los poderes públicos, el Instituto Federal de
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The Plenary of Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) approves new policy for the transition to Digital Terrestrial Television (Televisión Digital Terrestre, TDT) (Press Release 36/2014)
The Plenary of Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) approves new policy for the transition to Digital Terrestrial Television (Televisión Digital Terrestre, TDT)
- It defines the guidelines to be followed by concessionaires and permit holders to terminate the transmission of analogue signals by 31st December 2015, at the latest
- The document issued includes comments and opinions set forth by those who participated in the public consultation carried out on July 18th of the present year
- It adjusts to the provisions contained in the new legal framework
- The Federal Telecommunications Institute (IFT) rejects the proposal of Commissioners Estavillo and Labardini to promote a constitutional dispute against the Federal Telecommunications and Broadcasting Law
- It imposes an asset loss sanction and declaratory in favor of the Nation against three users of radio spectrum, who do not have a concession or permit.
With the purpose of making the corresponding adjustments based on the provisions of the constitutional reform of June 2013 and the Federal Telecommunications and Broadcasting Law, the Plenary of Federal Telecommunications Institute (IFT) issued today the new policy for the transition to Digital Terrestrial Television (DTT), which established the guidelines to be followed by the concessionaires and permit holders of this service to terminate the transmission of the analogue television signals by December 31st 2015, at the latest.
The document, approved during the ordinary meeting of the Plenary today, incorporates comments and opinions received during the public consultation process carried out by this Institute from July 18th to August 8th of the present year, receiving 57 contributions on the contents of the project.
Therefore, the new DTT Policy establishes the requirements for the IFT to order the analogical outage, including the one achieved at receptors and decoders penetration level, capable of receiving digital transmissions in 90% or more of the low-income households defined by the Ministry of Social Development (Secretaría de Desarrollo Social, SEDESOL) in every coverage area, that is to say, in the total service areas of every television station of the country and their shadow zones complementary equipment where analogical transmissions take place.
Likewise, the DTT Policy defines the mechanisms and the coordination between the Federal Telecommunications Institute (IFT) and the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) – in charge of implementing the programs and related actions to the delivery of digital receptors— so the Ministry can provide the Institute the information of the low-income households specified by SEDESOL, such as:
a) Number of households by analogical transmission coverage area,
b) Number of households capable of receiving digital transmissions by coverage area where analogical transmissions are performed, and
c) The penetration percentage of digital receptors and decoders in households in every coverage area where analogical transmissions are performed.
Given the situation, and in order to offer legal certainty and security to concessionaires and permit holders of broadcasted television, the DTT Policy establishes that when the Institute determines the compliance of the abovementioned requirements, this regulating body shall agree on the analogical outage date and the resolution shall be notified through the Federal Official Gazette (Diario Oficial de la Federación, DOF).
As for multiprogramming, the systems allowing the transmission of more than one channel in the same transmission station, the DTT Policy states that concessionaires and permit holders who want to use it shall comply with the provisions of the Federal Telecommunications and Broadcasting Law and the relevant guidelines set by the Institute.
According to the constitutional mandate, broadcasted television concessionaires and permit holders shall return to the State the channels (frequencies) where they transmitted analogically as soon as the digitalization process is completed.
With the purpose of ensuring the continuity of television services, concessionaires and permit holders are obliged to replicate with their DTT transmissions their analogical signal coverage area using complementary shadow zone equipment.
The Federal Telecommunications Institute (IFT) shall perform the necessary actions to properly inform the population about the transition to DTT, specifying the date and time the analogical transmission will end in coordination with Government Agencies. Likewise, service concessionaires and permit holders will also be obliged to implement campaigns to inform their corresponding audiences about the process in a timely manner.
The Institute shall survey the fulfillment of the obligations derived from the DTT transition and shall sanction, according to the terms of the Federal Telecommunications and Broadcasting Law , the concessionaires and permit holders of broadcasted television who do not fully comply with the obligations.
By issuing this Policy, the Agreement to adopt the Digital Terrestrial Television Technological Standard is repealed in favor of the Policy for the Transition to Digital Terrestrial Television in Mexico, published in the DOF on July 2nd 2004, and its last modification was published on May 7th 2014.
On the other hand, in the session held today, the Plenary of Federal Telecommunications Institute (IFT), rejected with five votes the proposal set forth by Commissioners Maria Elena Estavillo and Adriana Labardini to submit a constitutional dispute against some articles of the Federal Telecommunications and Broadcasting Law and the Federal Metrology and Standardization Law.
Regarding other issues, as a result of the verification and supervision activities performed by the Institute to ensure the proper use of the radio spectrum, three cases were identified for using frequencies of the radio spectrum without previous concession or license. The Institute decided to impose a sanction and declare the loss of the equipment and assets in favor of the Nation.
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The Plenary issued the new Organic Statute of the Federal Telecommunications Institute (Press Release 35/2014)
The Plenary issued the new Organic Statute of the Federal Telecommunications Institute
- The new Organic Statue presents new model of organization with a multidisciplinary approach that deals with the powers and mandates that contemplates the implementation of Federal Telecommunications and Broadcasting Law and the Federal Antitrust Law
- To comply in due time and form with the Fourth Transitional Article of the Federal Telecommunications and Broadcasting Law which establishes the adequacy of the Regulation within the legal framework
- It incorporates a new convergent administrative order that responds to international best practices
On September 20, 2013 the Plenary of the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) approved the first Organic Statute which responded to the need of having an administrative structure with specific powers so that this regulatory body is able to exercise its functions and to comply with constitutional mandates, providing for the issuance of a new regulation once the secondary legislation comes into force issued by the reform to the Constitution in the field of telecommunications.
In this respect, in compliance with the provisions of the Fourth Transitional article of the Federal Telecommunications and Broadcasting Law, today, in extraordinary session, IFT Plenary approved the issue of the Organic Statute, in order to adapt it to the mandates set out in the new legal framework.
The new Organic Statute incorporates a converging organizational model which lays down administrative units of competence to exercise their functions with a multidisciplinary approach that deals with the powers and mandates that contemplates the implementation of Federal Telecommunications and Broadcasting Law and the Federal Antitrust Law.
This converged structure includes the integration of substantive areas by specialized functions in which each will serve the corresponding issues of both telecommunications and broadcasting.
For the design and creation of the Organic Statute international best practices were taken into account, based on a compared survey between over 10 regulators from various parts of the world, which is an administrative ordering oriented to the efficiency in the implementation of the procedures carried out by the Institute.
It highlights the creation of the IFT Center for Studies, which will develop research, studies and analyses in the fields of telecommunications, broadcasting and economic competition in these sectors, to contribute to the performance of the functions of the Plenary and generate documents that are useful to industry, academia, and society in general.
Before the important task of protecting the rights of the users of telecommunications services, the General Coordination of User Policy is created, whose objective is to design and implement policies and guidelines to ensure protection of the population that receives and hires various services, among others.
On another note, to comply with legal mandates in the field of media and audiovisual policy, the approved General Regulation incorporates the Media and Audiovisual Content Unit, which will be in charge of designing and planning such policies to promote free access to diverse information, freedom of expression and the protection of the rights of audiences, among others.
Furthermore, the Radio Spectrum Unit main function will be the management of this resource, while the design of regulatory policy will remain with the Regulatory Policy Unit.
In response to the IFT objective to have greater participation and advocacy at the international level, the new organizational model will have a General Coordination of International Affairs that will act as the Institute liaison with authorities and international agencies for the execution of projects and follow-up to cooperation agreements, among others.
The General Coordination of Strategic Planning and Regulatory Improvement are also created to give full compliance to the obligations set out in the Federal Telecommunications and Broadcasting Law.
With the issue of the General Regulation, not only compliance in due time and form is provided to the obligation of harmonizing this system with the new legal provisions, but also creates a new institutional design which will allow this body to regulate the telecommunications and broadcasting sectors in a modern and efficient manner, as well as the protection of the rights of users of services and stakeholders.
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The Plenary resolves on the terms and conditions of the first infrastructure public offering of the Preponderant Economic Agent members in the broadcasting sector (Press Release 34/2014)
The Plenary resolves on the terms and conditions of the first infrastructure public offering of the preponderant economic agent members in the broadcasting sector
- In a period of 15 calendar days after being notified, the companies must submit an Offer that complies with the requirements established in the measures imposed for infrastructure matters
- IFT issued three Technical Provisions which contain the minimum specifications for the installation and operation of broadcasting services (AM, FM and television), which will avoid falling into a regulatory vacuum with the loss of validity of the corresponding official Mexican Standards in the next few days
- The Institute will initiate a public consultation within the following 90 calendar days, in order to conduct a comprehensive review of technical provisions that regulate the different broadcasting services
On March 6th of this year, the Plenary of the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) adopted the resolution by means of which it determined the economic interest group headed by Grupo Televisa. S.A.B., as preponderant economic agent in the broadcasting sector, and imposed specific measures, in accordance with the provisions of the Eighth transitory article of the decree of constitutional reform in the telecommunications field.
As part of these measures, it was established that the Preponderant Economic Agent must submit for the Institute's approval the first Public Offer of Infrastructure (POI), i.e., the set of conditions and information which obligates to allow access to and use of passive infrastructure to broadcast television service concessionaires who request it.
The passive infrastructure refers to non-electronic items at the service of transmitting plants, and Television Broadcasting Concession Service networks that include, among others, the right of way, conduits, masts, trenches, towers, poles, equipment facilities and related feeds, security, auxiliary equipment, sites, properties, physical spaces (except studios), ducts and pipes, as well as energy sources and air conditioning systems.
After the Institute conducted an analysis of the information submitted by the Preponderant Economic Agent in the broadcasting sector, the IFT Plenary ruled, in an extraordinary session held yesterday, the terms and conditions which shall contain the POI of each of the members of the Preponderant Economic Agent.
In this respect, considered that the information received does not provide all the elements that these companies should include in the POI, they were required to, within a period of 15 calendar days after being notified, to submit to the Institute's consideration an offer that meets the requirements of infrastructure issues.
On another note, the Plenary issued three Technical Provisions which contain the specifications for the installation and operation of broadcasting services:
a) Technical Provision IFT-001-2014: Specifications and Minimum Requirements for the Installation and Operation of Sound Broadcast Stations in Amplitude Modulation, which shall enter into force on August 29th this year.
b) Technical Provision IFT-002-2014: Specifications and Minimum Requirements for the Installation and Operation of Sound Broadcast Stations in Frequency Modulation, which shall enter into force on September 1st this year.
c) Technical Provision IFT-003-2014: Specifications and Minimum Requirements for the Installation and Operation of Analog Television Broadcast Stations (VHF and UHF bands), which shall enter into force on September 2nd this year.
Notwithstanding that the Federal Telecommunications and Broadcasting Law establishes it is the IFT obligation to carry out public consultations for the issuance and amendment of rules, guidelines or administrative provisions of a general nature, due to the proximity of the conclusion of the entry into force of the Official Mexican Standards (NOM-01-SCT1-1993; NOM-02-SCT1-1993; Nom-03-SCT1-1993), which establish the technical specifications for the installation and operation of stations for the three broadcasting services mentioned in equal order, the issuance of these Technical Provisions is required and thus to avoid a regulatory vacuum that would cause negative effects on users and the industry.
Thus the IFT Plenary, in use of its powers to issue general administrative enforcement to regulate technical aspects regarding the installation and operation of radio stations, in accordance with articles 6 and 28 of the Political Constitution of the United Mexican States and articles 1, 2, 7 and 15 of the Federal Telecommunications and Broadcasting Law, determined the issuance of those provisions which shall remain in force for one year from the following day of their entry into force.
However, in accordance with the principles of transparency and citizen participation, the Institute will start a public consultation in the following 90 calendar days in order to make a deep and comprehensive revision of the Technical Provisions that will be applied at the time instead of the approved ones today that are only considered specifications and minimum requirements for the installation and operation of broadcasting stations.
