The following announcements were made by public government authorities in May 2017 regarding Mexico's telecommunications sector:
Deployment of Telecom and Broadcasting Infrastructure in Federal Buildings
Mexico's Ministry of Communications and Transportation (SCT) published the agreement establishing the guidelines to allow the deployment of telecom and broadcasting infrastructure in real estate of the Public Federal Administration.
The agreement sets forth the guidelines for the coordination regarding optimizing the use of buildings of the Public Federal Administration; rights of way across the general means of communication; infrastructure related to broadcasting stations, towers of power and broadcasting transmission; poles where power cable and lines are installed; and underground tubes, among others, for contributing to the expansion and deployment of telecomm and broadcasting infrastructure, as well to the development and competition of this sector.
In addition, Mexico's National Property Administration and Appraisal Institute (INDAABIN) published the technical, economical, safety and operation conditions for allowing the deployment and use of telecom and broadcasting infrastructure in federal buildings.
The conditions provide the requirements and the administrative procedures to be complied with by concessionaries, authorized operators and developers of telecom and broadcasting infrastructure that are interested in using available areas within the federal buildings for the deployment of telecom and broadcasting infrastructure.
Frequency Band 57-64 GHz Classified as Free Spectrum
Mexico's Federal Institute of Telecommunications (IFT) published the plenary agreement that classifies the frequency band 57-64 GHz as free spectrum and sets forth the technical operation conditions.
This frequency band is used worldwide for broadband services such as communication between cellular radio base stations, temporary urban networks for coverage of massive events, delivery of high-definition video at home, and connection for smart homes and cities (IoT), as well as synchronizing traffic and stoplight systems.
The frequency band 57-64 GHz is allocated on a primary basis to several services such as fixed and mobile, and the segments 55.78-58.2 GHz, 58.2-59 GHz, and 59-59.3 GHz are allocated on a primary basis to the Earth exploration-satellite service for collecting information regarding Earth's characteristics and natural phenomena, a service that is considered related to safeguarding human life.
National Center for Controlling Communications Intervention in Investigations
The Federal Courts Counsel (CJF) published General Agreement 3/2017, establishing the National Justice Center Specialized in Controlling the Techniques of Investigation, Detention or Arrest, and Communications Intervention.
The agreement provides the organization of this Centre, the authority of Control Judges for knowing and deciding, among other information, about: 1) the intervention of private communications, 2) the request to telecomm concessionaries and operators, as well as providers of applications and contents, regarding the geographical location in real time or the provision of data storage by them, and 3) the authorization for requesting information from concessionaries, operators and resellers of telecomm services and satellite communication services, as well the geographical location of mobile communication equipment in real time.
Amendment to the General Guidelines for Granting Concessions
The IFT has published the plenary agreement approving the amendment of Articles 3 and 8 of the general guidelines for granting the concessions set forth in the fourth title of the Federal Telecommunications and Broadcasting Law.
These guidelines were originally published on July 24, 2015, and the objective of the modification is to facilitate the fulfillment of the applicable format for requesting the concession for social use by splitting the original format into three different formats.
Request for Expression of Interest for Backbone Network Project
Telecomunicaciones de México (Telecomm), a Mexican government agency, published the International Request for Expression of Interest (RFEI) for participating on the Backbone Network, which includes the building and expansion of a national fiber-optic network of high capacity for data transportation.
The purpose of the network is to 1) support the development of regional and national concessionaries and resellers of telecom services that need high capacity and long-distance data transport, 2) promote competition in locations with only one fiber optic operator and 3) promote services in locations where they are not available.
The RFEI will allow Telecomm to assess the possibility of a public tender for a public-private partnership under the Law of Public and Private Partnership, obtain information regarding the capacities and experience of interested individuals and companies, as well as review strategies and recommendations for the network.
The deadline to present an RFEI was June 9, 2017.
IFT Announces Public Consultation for the Draft of Metrics System
The IFT has announced a public consultation period for the Draft of Metrics System and set forth the methodology that will be used by telecom operators for providing information for the statistic heritage of the telecomm sector along with several measures of simplification.
The purposes of the draft are: 1) providing methodology, formats and periods for delivering information; 2) creating the Telecom Metrics System for submitting electronically the information; and 3) adopting administrative measures for simplifying and mitigating the administrative burden regarding to such procedures.
The period of consultation is from May 29, 2017, to July 28, 2017 (60 calendar days).
Mexico Supreme Court: Interconnection Costs Model Can't Be Appealed by Injunction
The Supreme Court of Justice of the Nation ruled that the Interconnection Costs Model issued by the former Federal Telecommunications Commission does not represent a general legal regulation, therefore it cannot be appealed through an injunction (juicio de amparo) as a prominent or noted act. However, it can be appealed in regards to specific disputes and the legal grounds of the resolution. Tesis: PC.XXXIII.CRT. J/11 A (10a.)