On July 24, 2015, the General Rules which establish the terms and requirements for granting authorizations on telecommunications established by the Federal Law on Telecommunications and Broadcasting (the "Rules") were published in the Official Gazette of the Federation ("DOF" for its acronym in Spanish). The Rules became effective the day after their publication in DOF, this is, July 25, 2015.
The Rules establish the terms and requirements to be met by those persons interested in obtaining an Authorization to:
- Resell telecommunications services, without being considered a concessionaire.
- Install, operate and exploit transmitting satellite earth stations.
- Install telecommunications equipment and transmission means, that cross the borders of the Mexican Republic.
- Exploit the rights to transmit and to receive signals and frequency bands associated to satellite constellations with coverage within the Mexican Republic, and which are capable of providing services in the Mexican Republic.
- Temporarily use frequency bands for diplomatic visits.
As may be recalled, these are some of the activities that a reseller of telecommunications services may carry out:
- Access wholesale services offered by concessionaires.
- Resell services and capacity previously assigned to a concessionaire of a public telecommunications network (i.e. Mobile Virtual Network Operators).
- Have its own numbering resources or acquire them through concessionaires of public telecommunications networks.
The Federal Telecommunications Institute (the Instituto Federal de Telecomunicaciones, "IFT", for its acronym in Spanish), shall respond to the requests of the interested parties to obtain an Authorization, within 30 (thirty) business days from its filing. If such term elapses and the IFT has not resolved such filing, the Authorization shall be understood as granted (tacit affirmative).
The Authorizations will be granted for a term of up to 10 (ten) years, renewable for equal periods, as long as the interested parties request it in accordance with the terms of the Rules, provided they are in compliance with the obligations of the Authorization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.