Spectrum

Allocation

What rules and procedures govern spectrum allocation?

The acquisition of spectrum via a bid is not the only means for a concession holder to provide telecoms services. The Federal Telecommunications and Broadcasting Law provides two additional alternatives:

  • the leasing of spectrum between concessionaires; and
  • the acquisition of spectrum from a competing carrier.

Both options require the prior approval of the Federal Institute of Telecommunications (IFT) and the acceptance of certain obligations by the lessee or the purchaser of the spectrum – in particular, the joint and several liability of the lessee in connection with obligations provided for in the concession of the leased frequency bands and continuity of service obligations where the purchase of spectrum comes with pre-existing obligations and additional obligations imposed by the IFT. The IFT's decision will include an analysis of the competitive effects of the lease or sale of spectrum.

Fees

What fees apply to spectrum allocation/authorisation?

Federal law provides the applicable fee on a yearly basis.

Transferral

Can spectrum licences be transferred, traded or sub-licensed?

See above.

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