Instituto Federal de Telecomunicaciones

The IFT Plenary approves the Public Offering of Passive Infrastructure applicable to the Preponderant Economic Agent in broadcasting lead by Grupo Televisa

• With these measures the IFT ensures that infrastructure sharing services are provided in a fair and equitable manner, preventing the Preponderant Economic Agent (PEA) to incur in anticompetitive practices

• Is included an agreement framework where the conditions are established to guarantee legal certainty among concessionaires

In compliance with the provisions of the measures imposed by the Federal Telecomunications Institute (Instituto Federal de Telecomunicaciones, IFT) to the economic interest group formed by Grupo Televisa S.A.B., as well as its own independent affiliates, in its capacity as the Preponderant Economic Agent (PEA) in the broadcasting sector, the Plenary of the regulatory body authorized the Infrastructure Public Offering (Oferta Pública de Infraestructura, OPI).

This offer provides the set of conditions and information that is required from the broadcasting PEA to allow concessionaires applicants of broadcast television service, the access and use of passive infrastructure. With these measures the IFT prevents the PEA denies or impedes access to and efficient use of existing infrastructure, in order to promote more rapid deployment of new television channels with national coverage.

The OPI gives certainty to concessionaires in providing of sharing services of infrastructure because it contains terms established by the authority through a process of analysis, including the Agreement by which the Plenary of IFT solves the final terms and conditions of the first public offering of infrastructure of members of the Preponderant Economic Agent in the broadcasting sector of August 21 this year on the first public offering of infrastructure of PEA members in the broadcasting sector.

In that agreement it was required from PEA various information for this Institute to rule on the full compliance of the Passive Infrastructure Public Offering.

In view of the above, members of the PEA submitted information and documentation, it was considered insufficient to relieve all the requirements. That is why, taking into account the information provided by the concessionaires and analysis by the Institute, the Plenary of the IFT determined the terms, conditions and other information to be included in the OPI, defining the following:

• Passive Infrastructure will be provided to applicant concessionaires on a non-discriminatory and non-exclusive basis, considering the conditions offered to PEA's own operations.

• Providing services of passive infrastructure sharing is not conditioned to buy, purchase, sell or provide a good or service, additional or different services under the OPI, and not to buy, sell, trade or provide services provided or marketed by a third party.

• Framework Convention where the conditions are established to guarantee legal certainty among concessionaires is included.

• The services provided by the AEP and the procedures and deadlines are delimited to carry out the provision of those services, including access to the detailed information of the elements of passive infrastructure by applicant concessionaires.

The terms and conditions of the OPI were reported to the PEA last December 12, granting five working days for posting on their respective websites. If, within this period, the PEA has not published it, the IFT will do it on its website. The OPI will run for two calendar years from the first of January 2015.

With these measures the IFT ensures that infrastructure sharing services are provided in a fair and equitable manner, preventing the PEA to incur in anticompetitive practices, and contributes to the strengthening and consolidation of the process of competition in the broadcasting sector, as it promotes the deployment of the coverage of new operators in a more efficient manner.