Background and Key Figures
The Mexican Senate recently approved a new telecommunications law that aims to establish a decentralized regulatory framework, replacing the existing Instituto Federal de Telecomunicaciones (IFT). The legislation was passed with 77 votes in favor from the Morena, PVEM, PT, and MC parties against 30 votes from PAN and PRI. The bill was then sent to the Chamber of Deputies for review and potential approval.
This new law stems from an initiative promoted by Claudia Sheinbaum Pardo, the President of Mexico City. The reform is part of a broader constitutional change aimed at modernizing the telecommunications sector. The decentralized regulator will be governed by a collegiate body with technical independence in management and operations, serving as the primary authority for resolving spectrum concessions and regulating internet, radio, television, and satellite services.
Key Aspects of the New Regulatory Framework
The new regulatory body, known as the Agencia de la Competencia (Antimonopoly Agency), will determine the dominant player in telecommunications and enforce asymmetric regulation without affecting end-users.
- User registration for mobile telephony will be eliminated, with users only identifying themselves to operators when purchasing a SIM card to ensure each line is linked to an individual.
- Consumer rights will be protected, ending abusive practices by operators who changed user modalities or plans without consent.
- The ability to temporarily block platforms, as previously outlined in Article 109 of the presidential original initiative, has been removed to eliminate any suspicion of censorship.
- The amended proposal also addresses concerns regarding foreign governments’ propaganda schemes, ensuring no prior censorship and allowing the unrestricted diffusion of cultural, sports, and tourism content.
Controversy and Criticism
Opposition parties, such as PAN and PRI, have raised concerns about the new law.
- Ricardo Anaya, coordinator of the PAN group, anticipates a “no” vote from his party due to Article 183, which allows the federal government to request telecom companies for real-time geolocation data of mobile phones without a court order.
- Manuel Añorve Baños from PRI criticizes that most expert proposals during Senate consultations were “blatantly ignored.” He warns that the law aims to eliminate freedom of expression and impose digital authoritarianism, with vague, poorly drafted, and potentially unconstitutional provisions designed to maintain government control over the digital, communication, and media ecosystem.
- Añorve also expresses concern over the Comisión Reguladora de Telecomunicaciones’ (CRT) power to order precautionary suspension of transmissions without judicial orders, which he sees as a threat to freedom of expression.
Key Questions and Answers
- What is the main objective of the new telecommunications law? The primary goal is to establish a decentralized regulatory framework for the telecommunications sector, replacing the existing IFT.
- Who will govern the new regulatory body? The Comisión Reguladora de Telecomunicaciones (CRT) will be governed by a Pleno, consisting of five commissioners including a president, appointed through a staggered nomination process by the federal executive.
- What powers will the new regulatory body have? The CRT will be responsible for granting, extending, modifying, and revoking spectrum concessions, authorizations, and licenses. It will also publish the annual spectrum usage program and conduct auctions for frequency bands. Additionally, it can establish interconnection tariffs and essential input delimitations.
- What are the concerns raised by opposition parties? Opposition parties, such as PAN and PRI, are concerned about potential censorship, the erosion of freedom of expression, and the vague, potentially unconstitutional nature of some provisions in the new law.
