MEXICO Law and Practice Contributed by: Ricardo García Giorgana, Carlos Chavez Alanis and Xavier Careaga Franco, Galicia Abogados
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements TV, Fixed and Wireless Broadband, Voice and Satellite Communications OTT platforms, such as streaming and messag - ing services, are excluded from these regula - tions. While owning or commercialising telecom - munications infrastructure like towers, antennas or fibre optics does not require a licence, only licensed carriers may provide services using such infrastructure. Infrastructure use is regulat - ed as part of the telecommunications network. The IFT, responsible for enforcing telecom - munications and broadcasting regulations, will be dissolved. Its competition and asymmetri - cal regulation functions will transfer to a new competition and markets authority, while some responsibilities may return to the Secretary of Communications and Transportation. Other cases where authorisation from the IFT is required include: • incorporating and operating, or exploiting, a telecommunications service provider without licensee status (resale of services); • installing, operating or exploiting earth sta - tions to transmit satellite signals; • installing telecommunications equipment that crosses national borders; • exploiting the rights of emission and recep - tion of signals and frequency bands associ - ated with foreign satellite systems that cover and can provide services within Mexico (land - ing rights); and • temporarily using spectrum bands for diplo - matic visits.
must either lease the spectrum from licensed holders or acquire their own spectrum licences, which are auctioned and are subject to annual fees. Satellite telecommunications services necessitate a separate orbital slot concession, granted based on international treaty availability and public tender proceedings. Conversely, online audio-visual platforms and over-the-top services (OTTs), such as video- sharing platforms, streaming services and plat - forms featuring user-generated content (UGC), are not classified as telecommunications or broadcasting services. Consequently, they do not require licences to operate in Mexico. To obtain a telecommunications or broadcasting licence, applicants must file with the IFT, sub - mitting technical plans and documents proving their administrative, legal and economic capac - ity to provide the proposed services. The IFT has 60 calendar days to evaluate the application, request additional information if needed and, upon satisfaction of all requirements, grant the licence. This process underscores the structured regulatory approach for traditional media while exempting emerging digital platforms from simi - lar obligations. To obtain a telecommunications or broadcasting licence in Mexico, applicants pay approximately USD1,200. Spectrum licences, granted through public tenders for commercial services, require an upfront payment and annual royalties. These licences last up to 20 years and can be renewed for equal terms. The IFT evaluates applications based on economic proposals, service cover - age, quality, innovation, affordability, prevention of market concentration and promotion of com - petition.
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