Background and Context
In a significant development, the newly approved draft of the Telecommunications and Broadcasting Law has created the Comisión Reguladora de Telecomunicaciones (CRT) in response to concerns over excessive power concentration following the 2024 constitutional reform. The previous Instituto Federal de Telecomunicaciones (IFT) was merged into the Agencia de Transformación Digital y Telecomunicaciones (ATDT), raising concerns about potential discretionary and politically influenced decisions. The new CRT aims to address these concerns by introducing a more balanced and institutionally checked regulatory framework.
The Need for CRT
Following five rounds of consultations from May 8 to 22, 2025, and after hearing from 89 experts, the Comisiones Unidas de Radio, Televisión y Cinematografía; Comunicaciones y Transportes, and Estudios Legislativos del Senado incorporated the CRT. This administrative subsidiary of ATDT will operate with technical, operational, and management autonomy to ensure impartiality in decision-making and establish institutional counterbalances.
CRT’s Mandate and Powers
The CRT will have a wide range of responsibilities, including regulating spectrum administration and orbital resources according to international treaties and UIT recommendations. Other powers include granting, extending, modifying, and revoking concessions, authorizations, and licenses; issuing general administrative dispositions like technical plans, guidelines, Normas Oficiales Mexicanas, equipment homologation, and terminal unlocking; supervising compliance with obligations and asymmetric measures for significant or predominant agents; publishing the annual spectrum usage program; conducting and resolving interconnection and shared infrastructure disputes; applying sanctions, including fines and closures; establishing interconnection tariffs and conditions; delineating essential inputs; and fostering mechanisms for fundamental rights (accessibility, gender perspective, digital inclusion) through specific guidelines and programs.
Governance Structure
The CRT will be governed by a Plenum, the highest decision-making body consisting of five commissioners, including the chairperson. The selection process involves staggered appointments by the federal executive, subject to simple majority approval in the Senate or the Permanent Commission within 30 days during recesses. Commissioners will serve seven-year, non-renewable terms, and the Plenum chairperson’s term will be three years, renewable once. If the Senate rejects a candidate twice consecutively, the federal executive may make a definitive appointment without further ratification.
Additional Law Modifications
The new draft addresses multiple shortcomings of the original presidential law proposal, including:
- Radio Amateur Certificates: Replace “registration confirmation” with “licenses” for radio amateurs, test environments for innovation, and trials involving operators and manufacturers.
- Social Coverage Incentives: Offer discounts and tax exemptions for concessionaires expanding coverage in priority areas, along with support for small operators and community/indigenous use concessionaires.
- Government Advertising Allocation: Adjust the 1-10% government advertising allocation for funding public media, ensuring editorial guidelines promoting public media independence.
- Audience and Fundamental Rights Protection: Eliminate preventive censorship, establish audience advocates per concessionaire, and ensure accessibility for people with disabilities.
- Comisión Federal de Electricity: Empower the Comisión Federal de Electricidad as a public company to actively participate in bridging the digital divide by providing telecommunications services in lagging areas through commercial use concessions, public tenders, direct user-focused social coverage service provision, and free internet access in public places.
Key Questions and Answers
- What is the Comisión Reguladora de Telecomunicaciones (CRT)? The CRT is a newly established, autonomous regulatory body under the Agencia de Transformación Digital y Telecomunicaciones (ATDT) designed to ensure balanced and impartial oversight of Mexico’s telecommunications and broadcasting sectors.
- What powers does the CRT have? The CRT has extensive regulatory responsibilities, including spectrum administration, licensing, general administrative dispositions, supervision of compliance, and fostering mechanisms for fundamental rights in digital communications.
- How is the CRT governed? The CRT is governed by a Plenum, the highest decision-making body consisting of five commissioners appointed by the federal executive and subject to approval by the Senate or Permanent Commission.
- What other modifications does the new law include? The new draft addresses multiple shortcomings of the original proposal, including adjustments to radio amateur certificates, social coverage incentives, government advertising allocation, audience and fundamental rights protection, and empowering the Comisión Federal de Electricity.
