Sergio Legorreta Calls for Clarity on Advertising Guidelines for Social and Commercial Radio

Web Editor

August 5, 2025

Who is Sergio Legorreta?

Sergio Legorreta is a Mexican attorney specializing in telecommunications, radio broadcasting, and new technologies at the law firm FisherBroyles. He has extensive experience in handling cases related to international digital brands such as Virgin Mobile, Uber, Facebook, Amazon, Walmart, and Pfizer. Legorreta holds a law degree from the Iberoamericana University and has pursued postgraduate studies in telecommunications at ITAM, as well as master’s degrees in artificial intelligence and Blockchain from the University of Vitoria-Gasteiz, Spain, and Harvard Law School.

The Current Telecommunications Legal Landscape in Mexico

As of August 5, 2025, Mexico will have two telecommunications laws coexisting: one from the Enrique Peña Nieto era and another recently approved under Claudia Sheinbaum’s administration. This dual legal framework has sparked discussions on the implications for various sectors, including radio broadcasting.

Social, Indigenous, and Afro-Mexican Radios Selling Advertising

There have been reports of social radios in Mexico, such as those in Merida, Durango, and Oaxaca, offering radio spots for 100 pesos per 30 seconds. This action is considered risky since the Comisión Reguladora de Telecomunicaciones (CRT), the regulatory body for such matters, has not been formally established.

Legorreta’s Perspective on the New Telecommunications Law

Legorreta believes that replacing the previous telecommunications law with the new one was unnecessary, as there are few novel additions. He points out that the new law introduces regulatory complexity with multiple “windows” or areas of focus, increasing costs for market participants.

Opportunities and Challenges in the New Law

—What opportunities or complications do you see in this new telecommunications law? Is there genuinely more justice added to the sector with this new telecom law, given that there is still an existing law and in a context of a slow-performing PIB, external pressures?

Legorreta argues that the new law does not significantly improve upon the previous one and introduces regulatory complications, especially for telecommunications and radio broadcasting sectors.

Empowering Non-Commercial Radio

The new law aims to make non-commercial radio more sustainable and plural. Legorreta acknowledges that this aspect was previously pending, with the recognition of indigenous and Afro-Mexican communities in the constitutional reforms. However, he emphasizes that the rules of engagement for these new participants are yet to be defined.

Ambiguity in the New Law

—The new telecommunications law, while defining certain criteria, uses very general terms when discussing the possibility of indigenous or social radio commercializing advertising. Such vague language in a sensitive matter like income generation could lead to legal disputes among established operators…

Legorreta points out that the new law’s ambiguous language regarding advertising opportunities for indigenous or social radios might create confusion and potential legal disputes.

Potential Distortions in the Radio Market

—Can a social station genuinely create distortions in a radio frequency market if allowed to sell 40 seconds of advertising per hour?

Legorreta acknowledges that this scenario could indeed lead to market distortions, especially if the social and commercial concessions converge in the same community or region.

Clarity on Local Advertising

—Is it clear in the law what the Legislative meant by permitting non-commercial transmitters to air “local” or “originary” advertising? For instance, can a station sell airtime to Walmart, which is not originally from the locality but offers local services?

Legorreta notes that the new law lacks clarity on defining local advertising, which could lead to ambiguity in determining whether a non-original entity like Walmart can purchase airtime.

The Role of CRT in Providing Guidelines

Legorreta suggests that the establishment of the CRT and the publication of guidelines could bring much-needed clarity to the sector. He believes that the CRT should resolve matters through confirmations of criteria, potentially creating a “secondary law” to address these issues.

Conclusion

The current regulatory environment in Mexico’s telecommunications sector is complex, with overlapping laws and unclear guidelines for social radios. Sergio Legorreta’s insights highlight the need for clarity and collaboration to ensure a thriving, high-quality radio social landscape.