The IFT Plenary issues regulatory dispositions of the Federal Economic Competition Law in Telecommunications and Broadcasting sectors (Press Release 1/2015)
The IFT Plenary issues regulatory dispositions of the Federal Economic Competition Law in Telecommunications and Broadcasting sectors
• Is fulfilled in time and form the legal mandate that stablishes the publication of this body of law
• The Dispositions offer legal clarity and certainty to Economic Agents about the conceptual framework implementation of the Federal Economic Competition Law (Ley Federal de Competencia Económica, LFCE) for Broadcasting and Telecommunications sectors
• The scopes of the Law are developed and detailed, as well as the mechanisms that will be implemented by the regulatory body for the relief of procedures stablished in the same
In an extraordinary session held yesterday, the Plenary of the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) determined to issue the Regulatory Dispositions of the Federal Economic Competition Law (Ley Federal de Competencia Económica, LFCE) for Broadcasting and Telecommunications sectors that the regulatory body will apply to exercise its attributions in the proceedings that will pursue in economic competition matters.
Consequently, IFT will comply with the legal mandate established on the Sixth Transitional Article of Federal Economic Competition Law Decree that stablishes that in a period of no more than six months from the entry into force of the Decree, the Plenary of the Institute must publish the regulatory provisions referred on article 12, fraction XXII of Federal Economic Competition Law, after a public consultation process has been relieved, which encourages a bigger transparency and promotes citizen participation.
The public consultation of the Regulatory Arrangements Draft was carried on November 27th to December 24th on the Institute's web page, where several comments and proposals were received from industry members and others interested in the subject.
Furthermore, yesterday the report made by the Economic Competition Unit was made public, and was about the received proposals and amendments that contributed to strengthen the Draft.
With the new Regulatory Provisions, legal clarity and certainty is given to Economic Agents about the implementation of the Federal Economic Competition Law conceptual frame, which develops and details this Law scope, as well as the mechanisms that IFT will rouse for the relieve of procedures stablished on the same.
On this regulatory body the timing and intervention actions are defined in the various proceedings derived from the Federal Economic Competition Law, e.g. investigations, verification visits, general orientation requests, as well as from de formal opinion process, among others. Similarly, it is stablished the possibility to embrace the virtue of a dispensation when collaborating on the investigation of a monopolistic practice, among others.
With its publication, the new regulatory frame is integrated and strengthened derived from the 2013 Constitutional Reform in Telecommunications and Economic Competition matters.
