Telecoms and Broadcasting Law: New regulatory burdens and regulated entities

Chapter 1 New regulator

• Telecoms Regulatory Commission (“CRT”): All current IFT powers will be transferred to the CRT, except those related to economic competition and declarations of preponderance.
• CRT Board: The CRT will have a managing board consisting of 5 commissioners with staggered appointments, designated by the President of Mexico and ratified by a simple majority of the Senate. The board will be chaired by the commissioner appointed by the President of Mexico for a three-year term, renewable once.
• IFT Functions: The IFT will continue to operate until the CRT board is fully integrated and the chairperson is appointed.

Chapter 2 Regulation of digital platforms

• Definition of Digital Platforms: Law defines digital platforms as digital services provided by intermediaries via the Internet to, among other purposes, offer, provide, commercialize, or intermediate goods, services, applications, products, or content.
• Ban on Transmission of Advertising and Information from Foreign Governments: Digital platforms with content available in Mexico must not commercialize advertising space for the dissemination of ads, propaganda, or any information from foreign governments. Ads for cultural, sporting, or tourism purposes are permitted. The Ministry of the Interior (SEGOB) will oversee and supervise compliance. In addition to immediate suspension of the banned content, the law establishes fines ranging from 2% to 5% of the digital platform's revenue for violations.
• Broad Inclusion of Digital Platforms: The definition is broad and includes audio, video, videogame, product, service, or content applications, as well as financial and e-commerce platforms.

Chapter 3 New obligations for telecoms licensees and resellers

• User Registration: The CRT will issue guidelines for the identification of mobile service lines within 120 business days following the law's entry into force. Registration will be the responsibility of license and authorization holders. Lines not registered will be suspended, but they must still allow calls to emergency and citizen service numbers.
• Official IDs for Mobile Services: Licensees providing mobile services may only activate and maintain active lines for end users who have provided their official ID (CURP for individuals and RFC for legal entities). Foreign persons must identify with name, country of origin, and passport number. The CRT will issue guidelines on this matter within 120 business days after the law takes effect. The same obligation applies to telecoms resellers operating under authorization. Lines failing to comply will be suspended after the 120-day guideline issuance period.
• Device Unlocking: License and authorization holders must provide unlocked mobile devices for both postpaid and prepaid plans. The CRT will issue guidelines on device unlocking.
• No Exclusivity for Distribution Channels and Devices: Licensees may not enter into exclusivity agreements for points of sale and distribution, including airtime purchase and top-up services. Exclusivity agreements for the purchase of any terminal equipment are also prohibited.
• Services Free of Charge: Licensees must provide free-of-charge end-user services for accessing websites, apps, and platforms operated by the Mexican government and mandated by the CRT. They must also provide free calls to emergency and citizen service numbers.
• Collaboration with Police and Justice Authorities: Obligations established in the current law remain in force.
• User Rights: Users have the right that any changes to the originally contracted conditions must be notified at least 30 days in advance so that udrtd may provide express consent, except when such changes benefit users.
• Rights of Users with Disabilities: New rights are added, such as requiring preloaded applications on mobile devices to be accessible to persons with disabilities. The Federal Consumer Protection Agency (PROFECO) will issue guidelines on accessibility at licensees' and authorized parties' service centers.

Chapter 4 The State will provide internet services

• Internet Provision: As a state-owned company, the Federal Electricity Commission (CFE) may provide internet and telecoms services to end users under a commercial master license.
• Radio Spectrum to be Auctioned: To obtain spectrum for commercial use, the CFE must participate in an auction and pay the corresponding fees.
• Competition Neutrality: Commercial-use licenses will be subject to the principle of competition neutrality.
• Infrastructure Sharing: The CFE will share its infrastructure under terms established by the CRT.

Chapter 5 Changes in broadcasting

• Payment of Spectrum Fees in Annual Installments: Applicable during the first three years of validity of the respective broadcasting licenses.
• Audience Rights: The law revives audience rights to: (i) have elements to distinguish advertising from program content, and (ii) clearly differentiate news information from the presenter´s opinion. The CRT will issue guidelines on codes of ethics and audience ombudsman.
• Extensions: The deadline to request extensions for broadcasting licenses is relaxed, requiring submission six months before license expiration.
• Social Use Broadcasters May Sell Local Advertising: These broadcasters may generate revenue from commercial messages and advertising sales originating from localities, limited to 3% of total transmission time.
• Social Use Broadcasters Must Submit Annual Reports in April: These broadcasters must annually submit information in April verifying that sources and uses of income comply with social purposes.
• Optional Transition for Public Entities: Public entities providing broadcasting services under a commercial license may request a change to a public-use license.
• Regularization for Licenses in Extension: The CRT may issue a regularization program for these licensees, provided they have paid the fee prior to the new law's entry into force.
• Entry of New Associates in Social-Use Broadcasters: Prior CRT approval is required; otherwise, the license will be revoked.
• Registry of Programmers and Signal Operators: The CRT will implement a registry including at least the legal representative and their email address.
• Information on Upcoming Expirations: The CRT will enable a mechanism to inform about upcoming deadlines to request extensions for public-use and social-use broadcasting licenses.

Chapter 6 Radio spectrum

• Obligation to Transition to New Titles: Licenses issued before the current 2014 Federal Telecoms and Broadcasting Law that confer rights over spectrum use must transition to the new regime of license, authorization, or registration certificate within one year following the Law's entry into force. Failure to migrate will result in the expiration of such titles.
• Spectrum Testing for New Technologies and Business Models: The CRT, either independently or in coordination with operators or equipment manufacturers, may conduct tests on spectrum bands for any radiocommunications service.
• Spectrum Fees Discounts: Laws will establish procedures for licensees to access discounts on fees for the use of spectrum bands in exchange for social coverage obligations. Small operators may be exempt or qualify for discounts, as determined by applicable laws, the CRT, and the Digital Agency for Transformation and Telecommunications (“ATDT”).
• Upcoming Spectrum Auction: The CRT will issue a spectrum auction plan for mobile wireless access service within 180 calendar days after the Law's entry into force.
• Environmental Sustainability: The Law includes environmental sustainability as a new general objective in spectrum management.

Chapter 7 Satellite services & space regulation

• Space Sustainability: The Law grants the CRT authority to issue guidelines on orbital resources, space sustainability, and space radiocommunications.
• Communications with High-Altitude Platforms and Space Radiocommunications: These cases will be licensed under the authorization regime.
• Registration Certificates: Rights to transmit and receive signals and bands associated with foreign satellite systems for non-commercial use will be licensed through the new registration certificate regime. Commercial use will be licensed under an authorization.
• Satellite Capacity Reserve: It will be defined by the CRT, either in monetary or in capacity reserve terms. Revenues obtained will be transferred to the CRT. License and authorization holder for social and public use are not obliged to cover this capacity reserve.
• Additional Regulation for Satellite Services: The Law establishes rules regarding satellite deorbiting; failure reporting; total satellite loss; maximum time limits to occupy orbital positions and resume services; contingency and replacement plans. Licensees of orbital resources and authorization holders exploiting transmission and reception rights of foreign satellite signals must submit a contingency plan.
• Space Debris Mitigation Plan: Submission of this plan will be required for the granting of authorization to exploit the transmission and reception rights associated with foreign satellite systems covering or serving Mexico.
• Ground Receiving Stations: Installation and operation do not require CRT authorization. Yet the CRT may designate specific frequency bands requiring either authorization or registration.
• Revocation for Non-Compliance with Replacement Plan: Licensees of orbital resources failing to submit or execute their replacement plan may have their license revoked. The Mexican State may immediately occupy the orbital resources and frequency bands.

Chapter 8 Licensing

• New Registration Certificates: The Law creates new license titles known as registration certificates allowing, among other things, operation of amateur radio, aeronautical systems, cultural, and sporting events.
• New Grounds for Authorizations: The Law expands grounds to request authorization to include: communications with high-altitude platforms (“HAPS”); experimental spectrum use; space radiocommunications; diplomatic missions and embassy communications; secondary use for specific events or industrial facilities; and to meet needs of smart radiocommunication networks in unlicensed spectrum bands.
• Changes Regarding Authorizations: The Law eliminates the constructive approval for granting and extending authorizations and doubles the resolution deadline. In some cases, prior payment of a fee will be required.
• New Authorizations for Temporary Use of Spectrum and Orbital Resources: The CRT may grant temporary spectrum use for emergencies or pandemics; testing and experimentation; to enable dynamic access and shared spectrum use for coexistence of different services in the same band; and for user migration. The CRT may set fees accordingly.
• Smart Radiocommunication Networks: Licensing is contemplated for geographically limited networks to meet specific industry or sector needs. Payment of a fee will be required.
• Waivers of Licenses, Authorizations, and Registration Certificates: Must have prior CRT approval.
• Master Licenses: The law introduces a new application requirement mandating the inclusion of measures that promote gender equality as a condition for granting.

Chapter 9 Infrastructure

• Passive Infrastructure Providers: The CRT will have authority to regulate passive infrastructure providers. The CRT will issue guidelines on the reorganization, removal, or undergrounding of telecoms infrastructure applicable to these providers, licensees, and authorization holders.
• Simplification of Procedures: The ATDT will issue guidelines to standardize and simplify infrastructure deployment procedures across Mexico.

Chapter 10 Asymmetric regulation

• Two Competent Authorities: The preponderance regulation remains. Preponderance declarations and issuance of asymmetric measures will be under the jurisdiction of the new competition authority. Approval of wholesale offers and tariffs will be under the CRT powers.

Chapter 11 Ads and information from foreign governments

• Ban for Digital Platforms, Programmers, Signal Operators, and Radio and Television Licensees (Open and Restricted): They may not commercialize advertising space to disseminate ads, propaganda, or any information from foreign governments. Tourism, cultural, and sports promotion are exempted.
• Suspension of Transmissions: SEGOB may suspend advertising transmission as a preliminary injunction.

Chapter 12 Interconnection

• Limitation of Interconnection Disputes: Licensees already interconnected whose agreements are about to expire must establish conditions, terms, and tariffs set by the CRT and effective at the time the agreement is entered. Disputes among these licensees will be limited to resolution of conditions, terms, or tariffs not previously established by the CRT.
• Minimum Technical Conditions and Tariffs: Publication timing is advanced. The CRT must publish these in the first half of the year prior to being applied. They might be annual or multiannual.
• Interconnection for Non-Commercial Licensees: Public and social-use licensees may request interconnection with commercial networks.
• Licensees Entering into Interconnection Agreements Effective January 1, 2026: Must apply 2025 tariffs and minimum technical conditions.

Chapter 13 Penalties

• New Entities Subject to Sanctions: In addition to license and authorization holders, the Law includes sanctions for holders of registration certificates, passive infrastructure providers, and digital platforms.
• Amounts: Range from 0.01% up to 10% of the infringer's annual revenue. In cases of repeat offenses, fines may be doubled.
• User Rights: PROFECO may impose fines regarding user rights ranging from 0.01% to 3% of the infringer's revenue.

Chapter 14 Device standardization & certification

• Official Mexican Standards (NOMs): The CRT may issue NOMs in addition to or replacing the current technical provisions issued by the IFT.
• Devices Subject to Standardization/Homologation: All devices that use spectrum or connect to public telecoms networks must continue to undergo standardization. Scientific, medical, or industrial equipment or devices must continue to comply with the applicable NOMs and technical regulations issued by the IFT.
• Modification of Certificates: Updates or modifications to the administrative data of homologation certificates will be permitted, provided that the technical characteristics of the equipment are not affected.

Chapter 15 Transitional provisions

• Entry into Force: The new Law will enter into force the day after its publication.
• Matters before the IFT: All matters pending before the IFT shall continue to be processed before the CRT in accordance with the legislation applicable at the time of their filing.
• Suspension of Deadlines: From the entry into force of the Law, all procedures and proceedings shall be suspended for 15 business days. This suspension applies only in favor of the CRT and not in favor of regulated parties, who must comply with their obligations on time. Requests for Standardization Certificates shall be suspended only for 5 business days. Deadlines for compliance with obligations shall not be suspended.
• Acts and Licenses Issued by the IFT: All legal effects shall continue. Licenses and authorizations currently granted shall remain in force under their terms. General guidelines and provisions shall remain valid as long as they do not run afoul of the Law.