The decree amending certain articles of the Federal Telecommunications and Broadcasting Law to contemplate the creation and implementation of the National Registry of Mobile Telephone Users (the “Users Registry”) under the responsibility of the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, “IFT») was published on April 16, in the Official Gazette of the Federation (Diario Oficial de la Federación). The Users Registry will be a database with information on individuals and legal entities who own a mobile telephone line. Its purpose is to collaborate with the competent authorities for security and justice matters, in order for said authorities to have more elements to identify the commission of crimes through mobile cell phones.

The Users Registry will contain, among others, information regarding (i) the telephone line, including the telecommunications concessionaire that provides the service, the contracting plan, the telephone number, and the activation date; (ii) user’s identifiers, such as name or corporate name, nationality, and official identification; and, the most relevant matter, (iii) biometric data, which will be determined by the general administrative provisions to be issued afterwards by the IFT.

One of the new obligations for telecommunications concessionaires and for those authorized to commercialize these types of services will be to collect and enter the aforementioned information as well as to provide it to the Users Registry. Likewise, they will have to register the information related to registrations, cancellations and other movements associated with the mobile telephone line, which will allow them to keep the registry updated and, therefore, order the immediate blocking of mobile communication lines that operate under any contracting plan reported by the holders or owners as stolen or lost.

For the registration of mobile telephone lines in any of its modalities acquired prior to the entry into force of this reform, the telecommunications concessionaires and the authorized entities to commercialize these types of services will have a term of two years from its publication to comply with the registration obligations. For the registration of new lines, they will have a term of six months.

The IFT must issue the general administrative provisions for the proper operation of the Users Registry within one hundred and eighty calendar days following the issuance of the decree. Concessionaires and authorized entities that do not carry out the registry or that carry it out untimely will be subject to the corresponding penalties.