Transformación Institutional and New Regulatory Framework
On Saturday, the Mexican Senate approved, with 77 votes in favor and 30 against, the draft that proposes to expedite a new Telecommunications and Broadcasting Law. The project outlines a profound restructuring in the institutional, regulatory, and operational framework of the sector as part of organizational simplification reforms.
Among the most significant changes is the disappearance of the Federal Institute of Telecommunications (IFT), an autonomous body that will be replaced by the Digital Transformation and Telecommunications Agency (ATDT), a new state secretariat. This agency will assume the regulatory, supervisory, and policy-formulation functions of the sector with the aim of simplifying processes and strengthening inter-institutional coordination.
Additionally, the Commission for Telecommunications Regulation will be created as a decentralized body of the ATDT, with technical and operational independence, responsible for issuing regulatory resolutions. Its Plenum will be composed of five commissioned members.
Public Services of General Interest
The law recognizes telecommunications and broadcasting as public services of general interest and pillars for ensuring fundamental rights such as education, health, information, and freedom of expression.
It also establishes a multicultural and human rights focus, strengthening public, community, indigenous, and Afro-Mexican media.
Spectrum, Concessions, and Social Coverage
The draft defines new mechanisms for the allocation and use of radioelectric spectrum, including sharing schemes, technological trials, smart networks, and high-altitude platforms.
Public and social use concessions will be granted through direct allocation and will be exempt from paying contributions.
To promote social coverage, tax discounts will be provided to concessionaires offering services in hard-to-reach areas. Moreover, small operators will also benefit from exemptions or reductions in their payments, according to the provisions issued by the new Regulatory Commission.
Audiences’ Rights and Non-Discrimination
The draft strengthens audience protection mechanisms, establishing that each concessionaire must have a defender. The possibility of blocking platforms, as originally planned in Article 109 of the initiative, is eliminated, and the foreign propaganda scheme is suppressed, allowing only cultural, sports, and tourism content.
Furthermore, measures are integrated to ensure non-discriminatory access for people with disabilities, and editorial guidelines are promoted to guarantee the independence of public media.
Bridging the Digital Divide
The state will have three mechanisms to contribute to bridging the digital divide, including active participation from the Federal Electricity Commission (CFE) through its public company dedicated to internet and telecommunications provision.
The legislative proposal establishes a new institutional and operational architecture that aims to consolidate a more efficient, inclusive, and digitally adapted model for the country.
Key Questions and Answers
- What is the main change in this new law? The most significant change is the disappearance of the Federal Institute of Telecommunications (IFT) and its replacement with the Digital Transformation and Telecommunications Agency (ATDT), a new state secretariat responsible for regulatory, supervisory, and policy-formulation functions.
- How does this law support public services of general interest? The law recognizes telecommunications and broadcasting as public services essential for ensuring fundamental rights such as education, health, information, and freedom of expression. It also strengthens public, community, indigenous, and Afro-Mexican media.
- What new mechanisms does the law introduce for spectrum allocation? The draft defines new mechanisms for radioelectric spectrum allocation, including sharing schemes, technological trials, smart networks, and high-altitude platforms.
- How does this law protect audiences’ rights and ensure non-discrimination? The draft strengthens audience protection mechanisms, eliminates the possibility of blocking platforms, suppresses foreign propaganda schemes, and ensures non-discriminatory access for people with disabilities.
- What measures does the law propose to bridge the digital divide? The state will have three mechanisms to contribute to bridging the digital divide, including active participation from the Federal Electricity Commission (CFE) through its public company dedicated to internet and telecommunications provision.
