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.
