Understanding the New Telecom Law in Mexico and Its Impact on Social Radio Stations
The recently enacted Ley de Telecomunicaciones y Radiodifusión (LMTR) in Mexico has introduced a clause that could potentially disrupt the operations of social radio and television stations. According to Article 98, the validity of a radio or television social concession will terminate when the concession holder, who is an individual, passes away.
Who are the Social Radio Stations?
Social radio and television stations in Mexico are unique entities that serve the community’s interests rather than pursuing commercial gains. There are currently 70 such radio and television stations operating under individual concessionaires, with two of these individuals managing four social stations. The concern arises as four of these concessionaires exceed 74 years of age, putting their stations at risk.
Key Concession Holders and Their Ages
- XHCANQ-FM (Cancún): The concession holder is 92 years old.
- XHAAL-FM (Saltillo): The concession holder is 87 years old.
- XHYAM-FM and XRTO-FM (Felipe Carrillo Puerto): Both concession holders are 74 years old.
- XEARZ-AM (Mexico City): The concession holder is 76 years old and also operates XHARZ-FM (Aguascalientes), XHJRZ-FM (Jerez), and the social television channel XHZER-TDT (Aguascalientes).
Implications of the New Law
This new clause in the LMTR has sparked concern within the social radio community. As it stands, if an individual concession holder passes away, their station’s concession will terminate immediately. This raises questions about the future of these stations and the communities they serve.
Potential Consequences
- Organizational Changes: Social radio stations will likely need to establish civil organizations to hold the concessions, ensuring their survival even if the original concession holder passes away.
- New Opportunities: The law may open doors for new interested parties to acquire frequencies previously held by social entities due to concession holder-related issues.
- Commercial Radiodifusions: There’s a possibility that some commercial radiodifusions might create organizations with a veneer of civil society to secure these concessions for their operations.
Expert Opinions
Agustín Ramírez, a law professor at the Universidad Anáhuac, believes that the current wording of Article 98 should have been included as a transitional regime in the new law. He highlights that this oversight could be due to a legislative error or confusion during the drafting process.
Key Questions and Answers
- Q: What does the new Mexican telecom law state about social radio station concessions?
A: The new law, LMTR, stipulates that the validity of a radio or television social concession will terminate when the individual concession holder passes away. - Q: How many social radio and television stations are at risk?
A: There are currently 70 social radio and television stations operating under individual concessionaires in Mexico, with four of these concessionaires exceeding 74 years of age. - Q: What are the potential consequences of this new law for social radio stations?
A: Social radio stations may need to form civil organizations to hold concessions, and there could be opportunities for new parties to acquire frequencies previously held by social entities.
