Law Federal Of Telecommunications And Broadcasting.

Original Language Title: Ley Federal de Telecomunicaciones y Radiodifusión.

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EXECUTIVE BRANCH

SECRETARY OF COMMUNICATIONS AND TRANSPORTS

DECREE issued by the Federal Law on Telecommunications and Broadcasting, and the Law of the Public Broadcasting System of the Mexican State; and various provisions are amended, added and repealed. telecommunications and broadcasting.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE UNITED STATES MEXICANS, D E C R E T A:

FEDERAL LAW ON TELECOMMUNICATIONS AND BROADCASTING, AND THE LAW OF THE PUBLIC BROADCASTING SYSTEM OF THE MEXICAN STATE ARE ISSUED; AND THEY REFORM, ADD AND REPEAL VARIOUS TELECOMMUNICATIONS AND BROADCASTING PROVISIONS

ARTICLE FIRST.- The Federal Telecommunications and Broadcasting Act is issued.

FEDERAL TELECOMMUNICATIONS AND BROADCASTING LAW

TITLE FIRST

From the Law Enforcement Scope and the

Competition of Authorities

Chapter I

General Provisions

Article 1. This Law is in public order and is intended to regulate the use, exploitation and exploitation of radio spectrum, public telecommunications networks, access to the active and passive infrastructure, orbital resources, satellite communication, the provision of public services of general interest in telecommunications and broadcasting, and the convergence between them, the rights of the users and audiences, and the process of competition and free competition in these sectors, in order to contribute to the purposes and exercise of the rights established in Articles 6o., 7o, 27 and 28 of the Political Constitution of the United Mexican States.

Article 2. Telecommunications and broadcasting are public services of general interest.

In the provision of such services, any discrimination based on ethnic or national origin, gender, age, disability, social status, conditions of employment shall be prohibited. health, religion, opinions, sexual preferences, civil status or any other that is against human dignity and is intended to nullify or undermine the rights and freedoms of persons.

The State, in exercising its authority in the matter, will protect the security and sovereignty of the nation and guarantee the efficient provision of public services of general interest to the telecommunications and broadcasting, and for such purposes it shall establish conditions of effective competition in the provision of such services.

At all times, the State shall maintain the original, inalienable and imprinted domain on the radio spectrum.

The use, use and exploitation of radio spectrum and orbital resources may be permitted in accordance with the modalities and requirements set out in this Law and other applicable provisions.

Article 3. For the purposes of this Law:

I.                 Access to the end user: The physical circuit that connects the terminal connection point of the network at the user's home address to the telephone station or equivalent installation of the local telecommunications public network, from which service is provided to the user;

II.                Agent with substantial power: The economic agent who has substantial power in some relevant market in the broadcasting or telecommunications sectors, as established in the Federal Competition Law Economic;

III.               Open Architecture: A set of technical characteristics of public telecommunications networks that enable them to interconnect with each other, at a physical or virtual, logical and functional level, in such a way that interoperability exists between them;

IV.              Attribution of a frequency band: Act by which a given frequency band is intended for the use of one or more radio communication services, in accordance with the National Frequency Attribution Table;

V.               Broadband: High-capacity access enabling various convergent services to be offered through reliable network infrastructure, regardless of the technologies used, the parameters of which will be updated by the Institute periodically;

VI.              Frequency band: The range of radio spectrum between two specified frequencies;

VII.             Quality: Totality of the characteristics of a telecommunications and broadcasting service that determine its capacity to meet the explicit and implicit needs of the service user, whose parameters will be defined and regularly updated by the Institute;

VIII.            Programming channel: A sequential organisation in the time of audiovisual content, made available to the audience, under the responsibility of the same person and with its own identity and image and which is capable of distribute through a broadcast channel;

IX.              Broadcast transmission channel: indivisible band width for the emission of programming channels in accordance with the transmission standard applicable to radio or television, in terms of the provisions Applicable general rules issued by the Institute;

X.               Universal coverage: Access of the general population to the telecommunications services determined by the Secretariat, under conditions of availability, affordability and accessibility;

XI.              Marketer: Everyone who provides telecommunications services to end users by using the capacity of one or more public telecommunications networks without having the character of a dealer in the terms of this Act;

XII.             Single concession: Administrative act by which the Institute confers the right to provide convergent, all kinds of public telecommunications or broadcasting services. In the event that the concessionaire requires the use of radio spectrum bands or orbital resources, it must be obtained in accordance with the terms and modalities laid down in this Law;

XIII.            Granting of radio spectrum or orbital resources: An administrative act whereby the Institute confers the right to use, exploit or exploit frequency bands of radio spectrum or orbital resources, in the terms and modalities set out in this Act;

XIV.           Concessionaire: Physical or moral person, holder of a concession as provided for in this Law;

XV.            Constitution: Political Constitution of the United Mexican States;

XVI.           National frequency allocation table: The administrative provision indicating the radio communications service or services to which a particular radio spectrum frequency band is assigned, as well as additional information on the use and planning of certain frequency bands;

XVII.          Decree: Decree on the reform and addition of various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Constitution in the field of telecommunications, published in the Official Journal of the Federation on 11 June 2013;

XVIII.         Breakdown: Separation of physical elements, including optical, technical and logical fibre, functions or services of the local public telecommunications network of the leading economic operator in the telecommunications or the an agent that has substantial power in the relevant market for access services to the end user, so that other dealers can effectively access the local public telecommunications network;

XIX.           Federal Executive: Comprises the Federal Public Administration, its dependencies and entities, as appropriate;

XX.            Complementary equipment: Infrastructure for retransmission of the signal from a broadcasting station intended to ensure the reception of such a signal with the quality required by the Institute or by the applicable provisions, within the concessioned coverage zone;

XXI.           Radio spectrum: Space that allows propagation, without artificial guidance, of electromagnetic waves whose frequency bands are conventionally fixed below the 3,000 gigahertz;

XXII.          Ground station: The antenna and equipment associated with it that is used to transmit or receive communication signals via satellite;

XXIII.         Frequency: Number of cycles per second that performs a wave of the radio spectrum, whose unit of measurement is the Hertz;

XXIV.         Approval: Act whereby the Institute officially recognises that the specifications of a product, equipment, device or apparatus for telecommunications or broadcasting satisfies the standards or technical provisions applicable;

XXV.          INDAABIN: Institute of Administration and Avaluos of National Goods;

XXVI.         Active Infrastructure: Elements of the telecommunications or broadcast networks that store, issue, process, receive, or transmit written, images, sounds, signals, signs, or information of any nature;

XXVII.        Passive Infrastructure: Accessories that provide support for the active infrastructure, including racks, underground and air cabling, pipes, builds, pipelines, works, poles, supply and backup systems of electrical energy, air conditioning systems, sites, towers and other attachments, including road rights, which are necessary for the installation and operation of the networks, as well as for the provision of telecommunications services and broadcast;

XXVIII.       Institute: Federal Telecommunications Institute;

XXIX.         Essential inputs: Network elements or services provided by a single dealer or a small number of dealers, whose reproduction is not technically, legally or economically viable and are inputs essential for the provision of telecommunications and broadcasting services. In cases not provided for in this Law, the Institute shall determine the existence and regulation of access to essential inputs in accordance with the provisions of the Federal Economic Competition Act;

XXX.          Interconnection: Physical or virtual, logical and functional connection between public telecommunications networks which allows traffic to be conducted between such networks and/or between telecommunications services provided through the networks, This is the way users of one of the public telecommunications networks can connect and exchange traffic with the users of another public telecommunications network and vice versa, or it allows users of a public network of telecommunications services the use of telecommunications services provided by or through another network Telecommunications public;

XXXI.         Harmful interference: Effect of an unwanted energy due to one or more emissions, radiation, inductions or combinations thereof on reception in a telecommunications or broadcasting system, which may manifest as degradation of quality, distortion or loss of information, which commits, interrupts, repeatedly or prevents the operation of any radio communication service;

XXXII.        Internet: Decentralized set of telecommunications networks around the world, interconnected with each other, providing various communication services and using internationally coordinated protocols and routing for the routing and processing of the data packets for each of the services. These protocols and routing ensure that the physical networks that together make up the Internet function as a single logical network;

XXXIII.       Interoperability: Technical characteristics of the public networks, systems and telecommunications equipment integrated to these that allow for effective interconnection, through which the provision of a service of specific telecommunications in a consistent and predictable manner, in terms of the functional delivery of services between networks;

XXXIV.      Law: Federal Law on Telecommunications and Broadcasting;

XXXV.       Real-time geographic location: This is the approximate location at the time a search for a mobile terminal equipment associated with a particular telephone line is processed;

XXXVI.      Commercial Message: Mention addressed to the public or a segment thereof during programmatic cutting, for the purpose of reporting on the existence or characteristics of a product, service or activity to induce its marketing and sale, in broadcasting stations with commercial concession and restricted television and audio channels. The commercial message does not include the station or channel's own promotional activities, nor the transmissions corresponding to the State's time, and others at the disposal of the Executive Branch, or product and service offering programs;

XXXVII.     Multiprogramming: Distribution of more than one programming channel on the same transmission channel;

XXXVIII.    Neutrality to competition: Obligation of the State not to generate market distortions as a result of public ownership;

XXXIX.      Satellite orbit: Path that runs through a space station around the Earth;

XL.             Sponsorship: The payment in cash or in kind by any natural or moral person to make the mention or visual presentation of the name, social reason, mark or logo of the person who made the payment;

XLI.            Film films: Audiovisual creation composed of images in movement, with or without built-in sonorization, with a duration of sixty minutes or more. They are national films made by Mexican natural or moral persons or those made in the framework of international agreements or co-production agreements signed by the Mexican government, with other countries or organizations. international;

XLII.           Power of Command: The ability to influence in a decisive manner the agreements adopted in the meetings of shareholders or meetings of the board of directors or in the management, conduct and execution of the business of a person who control or in which it has significant influence;

XLIII.          Universal Digital Inclusion Policy: A set of programs and strategies issued by the Federal Executive to provide access to information and communication technologies, including broadband Internet for all the population, with particular emphasis on its most vulnerable sectors, with the aim of closing the existing digital divide between individuals, households, businesses and geographical areas of different socio-economic level, with respect to their access to the technologies referred to and their use;

XLIV.         Portability: The right of users to keep the same phone number when changing a dealership or service provider;

XLV.          Geostationary orbital positions: Locations in a circular orbit located on the equatorial plane, which allow a satellite to maintain a translation period equal to the Earth's rotation period;

XLVI.         Preponderance: Quality determined by the Institute of an economic agent under the terms of Article 262 of this Law;

XLVII.        National production: Content or programming generated by a physical or moral person with majority funding of Mexican origin;

XLVIII.       Independent national producer of audiovisual content: A physical or moral person of Mexican nationality who produces audiovisual works at national, regional or local level, which does not have a telecommunications concession or broadcast, nor is it controlled by a dealership under its command power;

XLIX.         PROFECO: The Federal Attorney's Office;

L.               Product Offering Programming: The purpose of which, in the radio and television service, is to offer or promote the sale of goods or the provision of services and the duration of which is greater than five continuous minutes;

LI.              Independent national programmer: A physical or moral person who is not the subject of control by a broadcasting dealer or by any affiliate, subsidiary or subsidiary of the latter, nor is it controlled by a concessionaire of its power of command, which has the capacity to form a programming channel based on programmatic structure formed mostly by own production and independent national production and whose ownership over the copyright is mostly Mexican;

LII.             Interconnection Point: A physical or virtual point where the interconnection between public telecommunications networks is established for the exchange of interconnection or wholesale traffic traffic;

LIII.            Radio communication: Any telecommunication or broadcasting that is transmitted by radio spectrum waves;

LIV.            Broadcasting: The propagation of electromagnetic waves of audio or audio signals and associated video, making use, exploitation or exploitation of radio spectrum frequency bands, including those associated with resources orbitals, attributed by the Institute to such a service, with which the population can receive direct and free signals from its issuer using the appropriate devices for this purpose;

LV.             Orbital resources: Geostationary orbital positions or satellite orbits with their respective bands of associated frequencies that may be granted;

LVI.            Wholesale shared network: Public telecommunications network intended exclusively for the marketing of wholesale capacity, infrastructure or telecommunications services to other dealers or dealers;

LVII.           Telecommunications network: System integrated by means of transmission, such as channels or circuits using radio spectrum frequency bands, satellite links, wiring, electrical transmission networks or any other means of transmission, as well as, where appropriate, power plants, switching devices or any necessary equipment;

LVIII.          Public telecommunications network: Telecommunications network through which telecommunications services are commercially exploited. The network does not include the telecommunications terminal equipment of the users, nor the telecommunications networks beyond the terminal connection point;

LIX.            Satellite: An object placed in a satellite orbit, provided with a space station with its associated frequencies that allows it to receive, transmit or relay radio signals to or from earth stations or other satellites;

LX.             Secretariat: The Secretariat for Communications and Transport;

LXI.            Visitor User: Service The service through which users of a mobile local service telecommunications network can originate or receive voice or data communications through the access to another public telecommunications network operator of the local mobile service, without the need for any additional procedure, being the users of another local mobile region or being outside its coverage area mobile service provider;

LXII.           Wholesale telecommunications service: Telecommunications service consisting of the provision of access to individual elements, to the capacity of a network or services, including interconnection, which are used by dealers or marketers to provide telecommunications services to end users;

LXIII.          Interconnection services: Those which are provided between telecommunications service dealers, to make the interconnection between their networks and include, inter alia, traffic management, their origination and termination, transmission, signalling, transit, access ports, co-location, sharing of infrastructure for interconnection, invoicing and collection, as well as other ancillary services of the same and access to services;

LXIV.         Restricted audio and television service: The associated audio or audio and video telecommunications service that is provided to subscribers, through public telecommunications networks, through contract and the periodic payment of a pre-set quantity;

LXV.          Public telecommunications and broadcasting services: Services of general interest provided by dealers to the general public for commercial, public or social purposes in accordance with the provisions of this Law and the Law Federal Economic Competition;

LXVI.         Satellite communication system: The one that allows the sending of radio signals through a terrestrial station transmitting to a satellite that receives them, amplifies, processes and sends back to Earth to be captured by a satellite. or multiple receiving earth stations;

LXVII.        Public Site: For the purposes of this Law and provided that they are in charge of federal, state or municipal agencies or entities or under public programs of any of the three government orders, they are considered as such:

a) Schools, universities and, in general, real estate for education;

b) Clinics, hospitals, health centers, and, in general, buildings for health care;

c) Offices of the different governance orders;

d) Community Centers;

e) Open spaces such as squares, parks, sports centers, and public areas of common use for the population in general, whose construction or conservation is carried out by federal, state, municipal or Federal District authorities;

f) Those who participate in a public program, and

g) Others considered public places according to the current legislation;

LXVIII.       Telecommunications: Any emission, transmission or reception of signs, signals, data, writings, images, voice, sounds or information of any kind that is made through threads, radio, optical, physical or other means electromagnetic systems, not including broadcasting;

LXIX.         Traffic: Data, writings, images, voice, sounds, or information of any nature circulating through a telecommunications network;

LXX.          Minimum reference value: Amount expressed in money, which shall be considered as the minimum value to be paid as consideration for the award of the concession, and

LXXI.         End User: A physical or moral person who uses a telecommunications service as the end recipient.

In relation to the principles of non-discrimination, a gender perspective and the higher interest of children, the definitions that for this purpose are established in the laws corresponding.

Article 4. For the purposes of the Act, the radio spectrum, public telecommunications networks, broadcasting stations and radio spectrum are general channels of communication. complementary equipment, as well as satellite communication systems.

Article 5. The general lines of communication, civil work and rights of passage, use or via, associated with public telecommunications networks, broadcasting stations and complementary equipment, as well as the satellite communication systems of the Law and the services provided by them, are of federal jurisdiction.

The installation, operation and maintenance of infrastructure for the service of the public telecommunications networks, the stations of (a) Broadcasting and complementary equipment, which shall be exclusively subject to the federal powers, in their respective fields of responsibility, the state, municipal and Federal District provisions that result applicable in the field of urban development.

No contributions or other additional economic consideration may be imposed on which the dealer has agreed to cover with the owner of a building to install his/her infrastructure.

The Federal Executive, the States, the Municipalities and the Federal District Government in the field of their powers will collaborate and grant facilities for the installation and deployment of infrastructure and provision of public services of general interest in telecommunications and broadcasting. In no case shall the installation of telecommunications and broadcasting infrastructure be restricted for the provision of public services which governs this Law.

The disputes between the dealers and the Federation, the Federative Entities and the Municipalities, related to the provisions of this article, will be resolved by the courts. specialised in the field of economic competition, broadcasting and telecommunications.

Article 6. In the absence of any express provision in this Law or in international treaties, they shall be applied in an additional manner:

I.                 The General Law of National Goods;

II.                The Law of General Communication Vies;

III.               The Federal Consumer Protection Act;

IV.              The Federal Administrative Procedure Act;

V.               The Trade Code;

VI.              The Federal Civil Code;

VII.             The Federal Code of Civil Procedures, and

VIII.            The General Laws on electoral matters.

Matters that do not have a specific procedure under the Federal Economic Competition Act or this Law shall be dealt with in accordance with the provisions of the Federal Administrative Procedure Law.

Chapter II

From the Competition of Authorities

Section I

From The Institute

Article 7. The Institute is a self-governing, independent public body in its decisions and functioning, with its own legal personality and its own heritage, which has the purpose of regulating and promoting the competition and the efficient development of telecommunications and broadcasting in the field of the powers conferred upon it by the Constitution and in the terms set out in this Law and other applicable legal provisions.

The Institute is responsible for the regulation, promotion and supervision of the use, exploitation and exploitation of radio spectrum, orbital resources, satellite services, public networks telecommunications and the provision of broadcasting and telecommunications services, as well as access to the active and passive infrastructure and other essential inputs, without prejudice to the powers conferred on other authorities in the the terms of the relevant legislation.

addition, the Institute is the authority in the field of economic competition in the broadcasting and telecommunications sectors and in these sectors it will exercise exclusively the powers of the Article 28 of the Constitution, this Law and the Federal Law of Economic Competition.

The Institute is the authority on technical guidelines for infrastructure and equipment connected to telecommunications networks, as well as for the type-approval and evaluation of the compliance of such infrastructure and equipment.

Institute officials should be guided by the principles of autonomy, legality, objectivity, impartiality, certainty, efficiency, effectiveness, transparency and accountability. They will perform their function with autonomy and probity.

The Institute may establish delegations and representative offices in the Mexican Republic.

Article 8. The Institute's heritage is integrated by:

I.                 The items assigned to you in the Federation's Budget of expenditures for the corresponding financial year;

II.                The movable and immovable property that is transferred to it for the proper fulfilment of its object, as well as those that it acquires by other means and which may be destined for the same purposes, and

III.               Other assets, resources and rights acquired by any legal title.

The rights for the use, enjoyment, exploitation or exploitation of the radio spectrum and the consideration to be established in accordance with this Law are not part of the patrimony of the Institute. The foregoing, without prejudice to the provisions of Article 253-A of the Federal Law of Rights.

Section II

From the Secretariat

Article 9. Corresponds to the Secretariat:

I.                 Issue non-binding technical opinion to the Institute, within a period of no more than thirty calendar days on the granting, extension, revocation, as well as the authorization of transfers or changes of stock control, ownership or operation of companies related to concessions in the field of telecommunications and broadcasting;

II.                Adopt, as appropriate, the necessary actions and measures to ensure continuity in the provision of telecommunications and broadcasting services when the Institute gives notice of the existence of termination causes by revocation or redemption of concessions, dissolution or bankruptcy of concessionary companies;

III.               Plan, fix, implement, and conduct universal coverage and social coverage policies and programs in accordance with the provisions of this Law;

IV.              Develop the Federal Government's telecommunications and broadcasting policies;

V.               Coordinate with the Institute to promote, in the field of their respective powers, access to information and communication technologies and to broadcasting and telecommunications services, including broadband and telecommunications services. Internet, under conditions of effective competition;

VI.              To carry out the actions aimed at ensuring access to the Internet of broadband in buildings and facilities of the agencies and entities of the Federal Public Administration and contribute to the Federal District governments, State and Municipal for the fulfillment of this objective;

VII.             Establish broadband access programs in public places that identify the number of sites to be connected each year progressively, to reach universal coverage;

VIII.            To carry out with the collaboration of the Institute, ex officio, at the request of interested party or at the request of the Institute, the necessary steps before the competent international agencies, for the obtaining of orbital resources in favor of the Mexican State, in order for them to be concessioned for themselves or for third parties;

IX.              Carry out the procedures for coordinating the orbital resources with the competent international bodies, with the entities of other countries and with the national dealers or foreign operators;

X.               Establish policies that promote the availability of sufficient satellite capacity and services for national security networks, social services and other needs, objectives and purposes of the Federal Government;

XI.              Administer and monitor the efficient use of its own satellite capacity, whether concessionary or acquired or established as a State reserve;

XII.             To ensure the continuity of the satellite services provided by the State, under long-term policies;

XIII.            Declare and execute the requisition of the general communication paths referred to in this Law;

XIV.           Propose to the Secretariat of Foreign Affairs the position of the country and participate, with the support of the Institute, in the negotiation of international treaties and conventions in the field of telecommunications and broadcasting;

XV.            To participate in representation of the Mexican Government, with the support of the Institute, to organizations, international entities and forums in the field of telecommunications and broadcasting, and to establish the position of the Mexican State before them;

XVI.           Acquire, establish and operate, where appropriate, by itself, through or with the participation of third parties, infrastructure, telecommunications networks and satellite systems for the provision of telecommunications and broadcasting services;

XVII.          Promote investment generation in telecommunications, broadcasting and satellite infrastructure and services in the country;

XVIII.         Send to the Institute its opinion, non-binding, on the annual work programme and the quarterly report provided for in Article 28 of the Constitution;

XIX.           Develop, integrate and regularly implement the sectoral, institutional and special programmes, referred to in the Seventh Transitional Article of the Decree;

XX.            Include in the National Development Plan and in the relevant sectoral, institutional and special programmes, the programme referred to in section V of the Seventh Transitional Article of the Decree;

XXI.           Address the provisions of the Digital Strategy issued by the Federal Executive;

XXII.          Interpret this Law in the realm of its competence, and

XXIII.         The others to trust you with this Law and other legal or administrative provisions.

Section III

Of The Evaluation Committee

Article 10. The Evaluation Committee of aspirants to be appointed as commissioners of the Institute, as referred to in Article 28 of the Constitution, will not have a structure or own budget, so that, for the exercise of its powers, it will be assisted by the staff assigned to the institutions from which its members are members and may employ the material and financial resources of these in the terms that, to the effect, agree on the members of the Evaluation Committee.

The legal acts agreed upon by the Evaluation Committee will be formalized through the public servants of the institutions from which its members are members, and the effect of this the Committee itself.

Article 11. For compliance with the privileges provided for in Article 28 of the Constitution, it is for the Evaluation Committee:

I.                 Issue the respective public calls to fill the Institute's commissioner vacancies;

II.                Integrate and send to the Federal Executive the lists of candidates to fill the vacancies referred to in the previous fraction;

III.               Select at least two higher education institutions to issue their opinion for the formulation of the knowledge examination, which will be applied by the Evaluation Committee to applicants and refrain from disclosing to the public. the names of those institutions until they send the Federal Executive the lists referred to in section II;

IV.              Apply, based on the opinion received and best practices, the knowledge exams to the prospective commissioners, once they have verified the fulfilment of the requirements imposed on them by Article 28 of the Constitution, as well as the development of the reagent bank with which such examinations will be integrated;

V.               Establish a mechanism for the registration of applicants interested in taking charge of commissioners and determine the documents and information to prove that they meet the requirements referred to in the previous fraction;

VI.              Issue the basis for its operation and establish the procedures to be followed for the selection of candidates, the integration of the lists that it will send to the Federal Executive, as well as the rules of conduct that the members of the Evaluation Committee shall observe during these procedures;

VII.             In compliance with the constitutional principles on transparency, classify the information received and generate on the basis of its functions, agree the information to be classified as reserved or confidential and the how it should ensure, in any case, the protection of the personal data of applicants;

VIII.            Select applicants to obtain the highest approval ratings in the relevant examination to integrate the lists mentioned in section II of this article;

IX.              appoint the secretary, the prosecretary and two assessors of the Evaluation Committee, who must be public servants of the institutions that represent the members of the Evaluation Committee;

X.               agree on how they will cover the costs that are required for the performance of the tasks of the Evaluation Committee and the development of the assessment procedures;

XI.              Agree and execute the other actions that result from the procedure for the conformation of the lists of aspiring commissioners, and

XII.             Agree and execute the other acts necessary for the realization of its object.

Any act of the Evaluation Committee shall be unassailable, so it shall not proceed with any defense, ordinary or extraordinary, including the judgment of amparo, nor shall it be modified or revoked by any authority.

Article 12. The Evaluation Committee will have the most extensive powers to analyze and resolve the documentation and information that the applicants will present to them, as well as that which the Committee requires.

Article 13. For the fulfilment of its powers, the Evaluation Committee may be assisted by any federal, state and municipal authorities, as well as by the autonomous bodies. (a) Federal or State, which shall be required to provide, in the field of its competence, the assistance necessary for the exercise of the powers of the Evaluation Committee.

Those authorities and the individuals to whom information is required must provide it to the Evaluation Committee, within the time limit set for the purpose of the assessment. refers to Article 11 (VI), in order to verify or verify the information submitted by the applicants and any other information which the Committee considers necessary for the performance of its tasks.

The authorities and the individuals in no case may invoke secrecy or reserve to omit the fulfillment of such requirements.

Article 14. The acts which the Evaluation Committee agrees to give publicity shall be made known through the Official Journal of the Federation, and in the other means which the effect points out.

The information and documentation relating to the examinations and reagents referred to in Article 11, fraction IV of this Law, as well as the methodology of qualification of such examinations and other information on the qualifications obtained by the respective applicants to be commissioned, will be confidential, so the members of the Evaluation Committee, the public servants involved in the processing of such information and documentation and the individuals who, if appropriate, intervene in the formulation of the reagents and examinations described above, in no case may such information be disclosed to any person; except to the competent authorities in the field of audit or investigation.

With respect to each of the applicants, they may only be notified of the qualification they have obtained, without prejudice to the fact that, once the selection process has been completed, the Assessment must publish the qualification that was obtained by the assessment examination, identified only by a portfolio or registry key.

The lists of candidates to fill the positions of commissioners at the Institute that the Evaluation Committee will integrate and send to the Federal Executive will have to be accompanied by the documentation submitted by the applicant to accredit the requirements set out in Article 28 of the Constitutional Treaty, as well as the qualification it obtained in its assessment.

TITLE SECOND

Institute Operation

Chapter I

From The Institute

Section I

From the Institute and its Composition's Privileges

Article 15. For the exercise of their attributions, the Institute shall:

I.                 Issue general administrative provisions, key technical plans, guidelines, cost models, conformity assessment procedures, approval and certification procedures and systems Telecommunications and broadcasting technicians, as well as other provisions for compliance with the provisions of this Law;

II.                Formulate and publish your work programs;

III.               Develop, publish, and keep the National Frequency Attribution Table updated;

IV.              Grant the concessions provided for in this Law and resolve their extension, modification or termination by revocation, redemption or bankruptcy, as well as authorize transfers or changes in the ownership or ownership of companies related to concessions;

V.               To carry out the necessary actions in coordination with the Federal Executive to include in the framework of the National Democratic Planning System, the National Radio Spectrum Program referred to in Article Tenth Seventh Transitional, fraction V of the Decree; as well as its updates;

VI.              Publish the radio spectrum frequency band programs that are derived from the National Radio Spectrum Program referred to in the previous fraction, as well as to occupy and exploit orbital resources with their associated frequency bands, which shall be the subject of public tender;

VII.             Carry out the bidding and allocation of radio spectrum frequency bands in the field of telecommunications and broadcasting, and of orbital resources with their associated frequency bands;

VIII.            To fix both the amount of the consideration for the granting of the concessions, as well as for the authorization of additional services related to these, after the non-binding opinion of the Secretariat of Finance and Public Credit;

IX.              To issue provisions, guidelines or resolutions on interoperability and interconnection of public telecommunications networks, in order to ensure free competition and competition on the market;

X.               Resolve and establish the terms and conditions of interconnection that dealers have not been able to agree with respect to their public telecommunications networks as provided for in this Law;

XI.              Issue general guidelines for access and, where appropriate, shared use of the active and passive infrastructure, in the cases that this Act establishes;

XII.             Resolve the infrastructure sharing disagreements between dealerships, as provided for in this Act;

XIII.            To resolve disagreements between public telecommunications network dealers, between marketers, between dealers and marketers, or between any of them with service providers dealers, related to actions or mechanisms to implement or facilitate the instrumentation and compliance of the determinations issued by the Institute, in accordance with the provisions of this Law;

XIV.           Resolving requests for partial or total interruption, by fortuitous events or causes of force majeure of the general communications and broadcasting channels, of the telecommunications signal traffic between dealers and the provision of telecommunications and broadcasting services to end users;

XV.            Resolve the change or rescue of frequency bands;

XVI.           Provide the Federal Executive with the support it requires for the search for general communications and broadcasting communications;

XVII.          Authorize access to multiprogramming and set the guidelines for it;

XVIII.         Exercise the powers in matters of economic competition in telecommunications and broadcasting, in terms of Article 28 of the Constitution, this Law, the Federal Law of Economic Competition and other applicable provisions;

XIX.           Impose limits on national and regional concentration of frequencies, concession and cross-ownership control of various means of communication and order the disincorporation of assets, rights or parts necessary for ensure compliance with these limits, as provided for in this Law;

XX.            Determine the existence of economic operators with substantial power in the relevant relevant markets, as well as preponderant economic operators in the broadcasting and telecommunications sectors; and necessary to avoid affecting competition and free competition on the markets subject to this Law;

XXI.           Declare the existence or absence of conditions of effective competition in the sector concerned and, where appropriate, the extinction of the obligations imposed on the economic operators preponderant or with substantial power;

XXII.          Establish the measures and impose the specific obligations that permit the effective unbundling of the local network of the preponderant economic operator in the telecommunications or agent sector that has power at national level substantial in the relevant market for access services to the end user, so that other dealers can access the physical, technical and logical means of connection between any terminal point of the public telecommunications network and the local network access point belonging to such agents, among other elements;

XXIII.         Declare the simultaneous extinction of the obligations to offer and relay free of charge the broadcast content where there are conditions of competition in the broadcasting and telecommunications sectors, in accordance with the Fourth paragraph of section I of the Eighth Transitional Article of the Decree;

XXIV.         Authorize, register and publish the rates of telecommunications and broadcasting services in the terms of this Law, and when the concession titles provide for it, as well as when is concerned with established measures preponderant or economic agents with substantial power;

XXV.          Determine the obligations arising from consideration and rights associated with radio spectrum concessions and orbital resources, in accordance with applicable tax provisions and refer them to the Service of Tax administration for recovery;

XXVI.         Authorize third parties to issue certification of conformity assessment and credit experts and verification units in the field of telecommunications and broadcasting;

XXVII.        Monitor compliance with the provisions of concession titles granted in the field of telecommunications and broadcasting and exercise supervisory and verification powers to ensure that the provision of services is carried out in accordance with this Law and with the applicable laws, regulations and administrative provisions, the grant titles and the resolutions issued by the Institute itself;

XXVIII.       Require the subjects regulated by this Law and any person the information and documentation, including that generated by electronic, optical or any other technology, necessary for the exercise of their privileges;

XXIX.         Coordinate with the Federal, Federal, State, and Municipal Government authorities, as well as the autonomous bodies, in order to gather information and documentation necessary for the exercise of their powers;

XXX.          Impose penalties for violations of laws, regulations or administrative provisions; or for non-compliance with the provisions of the concession titles or the resolutions, measures, guidelines or provisions issued by the Institute, issue precautionary measures and declare, where appropriate, the loss of goods, facilities and equipment for the benefit of the Nation;

XXXI.         To take the necessary actions to contribute, in the field of its competence, to the achievement of the objectives of the universal digital inclusion policy and universal coverage established by the Federal Executive; as well as to the objectives and targets set out in the National Development Plan and other programmatic instruments related to the broadcasting and telecommunications sectors;

XXXII.        Collaborate with the Secretariat in the efforts it makes to the competent international agencies, to obtain orbital resources in favor of the Mexican State;

XXXIII.       Collaborate with the Secretariat in the coordination of orbital resources with the competent international agencies, with the entities of other countries and with the national or foreign concessionaires or operators;

XXXIV.      Collaborate with the Federal Executive in the negotiation of international treaties and conventions in the field of telecommunications and broadcasting and monitor their observance in the field of their attributions;

XXXV.       To conclude agreements, coordination bases and collaboration agreements in the field of broadcasting and telecommunications with authorities and agencies, as well as with academic institutions and cultural associations, for the best performance of their attributions;

XXXVI.      Participate in international forums and events in the field of telecommunications and broadcasting, without prejudice to the provisions of Article 9, fractions XIV and XV of this Law;

XXXVII.     To carry out by itself, through or in coordination with the competent agencies and agencies, as well as with academic institutions and private individuals, research and technological development in the field of telecommunications and broadcasting, training and training of human resources in these areas;

XXXVIII.    Establish and operate test laboratories or authorize third parties to do so, in order to strengthen the technical regulatory authority in matters of validation of the test methods of the standards and technical provisions, guidelines for the approval of products intended for telecommunications and broadcasting, as well as support for studies and investigations of regulatory foresight in these matters and others which it determines, in the field of its competence, of compliance with the authorised budgetary availability;

XXXIX.      Conduct studies and research on telecommunications and broadcasting, as well as develop projects to update the relevant legal and administrative provisions;

XL.             Formulate, as necessary for the exercise of its functions, non-binding public consultations, in the matters of its competence;

XLI.            Set the provisions for your regulatory improvement processes;

XLII.           Carry out and keep up to date the Public Telecommunications Registry, which will include information regarding concessions in the terms of this Law;

XLIII.          Establish to dealers the obligations of geographic, population or social coverage, of connectivity in public places and of contribution to universal coverage, in the terms provided for in this Law. For these purposes, the Institute shall consider the proposals of the Secretariat in accordance with the respective plans and programmes;

XLIV.         Perform radio spectrum monitoring for the purpose of verifying their authorized use and carrying out detection and identification of harmful interference;

XLV.          Issue the guidelines for the deployment of the telecommunications and broadcasting infrastructure;

XLVI.         Develop, issue, and keep up to date a national geo-referenced database of telecommunications and broadcasting infrastructure in the country;

XLVII.        Set quality rates for service to which the providers of telecommunications and broadcasting services are to be held, as well as publish quarterly results of the verifications relating to such services. indexes;

XLVIII.       Establish the spectral efficiency metrics that will be mandatory, as well as the measurement methodologies to be quantified;

XLIX.         Establish methodology and metrics to achieve the right conditions for coverage and capacity for the provision of broadband services;

L.               Publish quarterly statistical information and industry metrics on the terms provided for in this Law;

LI.              Establish the mechanisms and criteria to make public access to the information contained in the databases found in their records, in terms of the Federal Law on Transparency and Access to Public Information Government;

LII.             Establish the mechanisms for the procedures of their competence to be substantiated through information and communication technologies;

LIII.            Resolve in the terms set forth in this Law, any disagreement regarding the retransmission of content, with the exception of electoral matters;

LIV.            Set, where appropriate, the amount of consideration that, in the terms set forth in this Law, will have to be paid for access to multiprogramming;

LV.             Establish and administer a professional service system of the Institute's public servants;

LVI.            Approve and issue the general administrative provisions necessary for the proper exercise of the powers and powers of the Institute;

LVII.           Interpret this Law, as well as the administrative provisions in the field of telecommunications and broadcasting, in the field of its attributions;

LVIII.          Monitor and sanction compliance with the maximum times established for the transmission of commercial messages in accordance with the provisions of this Law;

LIX.            Monitor and sanction the obligations of the defence of the hearings in accordance with the provisions of this Law;

LX.             Monitor that programming to the child population respects the values and principles referred to in Article 3. of the Constitution, the health rules and the guidelines established in this Law that regulate advertising based on programming for children, based on the regulatory provisions issued by the authorities. competent;

LXI.            Order the precautionary suspension of transmissions that violate the rules provided for in this Law in the materials referred to in the LIX and LX fractions of this article, prior to warning;

LXII.           Report to the Secretariat of Health and the Secretariat of the Interior, the results of the supervisions carried out in terms of the LX fraction of this article, so that they exercise their powers of sanction, and

LXIII.          The others that this Law and other ordinances entrust to you.

Section II

Of The Full

Article 16. The plenary is the highest governing body and decision of the Institute, composed of seven commissioners with voice and vote, including its president.

Article 17. The exercise of the powers laid down in Article 15 and exclusively and inselectable is originally the responsibility of the Plenary Session:

I.                 Resolve the cases referred to by the fractions: I, II, III, IV, V, VI, VIII, IX, X, XI, XII, XIII, XIV, XV, XVII, XIX, XX, XXI, XXII, XXIII, XXXI, XL, XLI, XLIII, XLV, XLVIII, XLIX, LI, LIII, LIV, LVI, and LXII of that Article.

With regard to the LVIII and LIX fractions, they shall be inselectable only in respect of the imposition of the sanction;

II.                Issue the organic status of the Institute by qualified majority of five votes, in which the organization and distribution of the faculties of its units will be regulated;

III.               Appoint the head of the investigating authority and the technical secretary of the plenary, in accordance with the proposals presented by the President's Commissioner, as well as resolve their removal;

IV.              Designate the officials of the Institute to be determined in the organic statute, on the proposal of the President and to resolve on their removal;

V.               Monitor that officials and employees of the Institute act in accordance with this Law, as well as the provisions of the organic statute and regulations it issues;

VI.              Approve annually the preliminary draft budget of the Institute to be proposed by the President, so that this will be referred, once approved, to the head of the Secretariat of Finance and Public Credit, in order to be included in the Draft Budget of the Federation's Eglings;

VII.             Approve and publish the annual work program of the Institute presented to you by the President's Commissioner;

VIII.            Approve the Institute's quarterly activity reports presented to you by the President's Commissioner;

IX.              Know the reports to be submitted by the holder of the Internal Comptroller of the Institute;

X.               Set the Institute's general policies and programs;

XI.              Name the members of the Advisory Board;

XII.             Submit an application for a dismissal of probable criminal conduct against the consumption and national wealth provided for in Article 254 bis of the Federal Criminal Code;

XIII.            Approve the guidelines for its operation;

XIV.           Constitute a committee made up of three commissioners to order the precautionary suspension referred to in section LXI of article 15 of this Law, and

XV.            Dictate the agreements necessary to make the previous privileges and the others mentioned in this Law effective.

The plenary shall determine in the organic statute or by delegatory agreement published in the Official Journal of the Federation, the direct exercise or by delegation of the privileges provided for in Article 15 of this Law, which are not included in the cases mentioned in the section I of this article.

In the organic statute of the Institute, the powers to be exercised by the various units of the Institute shall be established, which shall be under the command and supervision of the Plenary or the President, as the case may be.

Article 18. The plenary will have a technical secretary who will be appointed in the terms provided for in this Law.

Section III

From The President Commissioner

Article 19. The President will preside over the plenary and the Institute. In case of absence, the highest-seniority commissioner and, at the same age, the oldest commissioner, will meet him.

Article 20. Corresponds to the President's Commissioner:

I.                 Act as a legal representative of the Institute with general and special powers for administrative and domain acts, lawsuits and charges, including those requiring special provision in accordance with the law;

II.                To grant powers in the name of the Institute for acts of dominion, administration, litigation and collection and to be represented before any administrative or judicial authority, before labor courts or individuals. In the case of domain acts on buildings intended for the Institute or to grant powers for such purposes, the prior authorisation of the Plenary Session shall be required. The President's Commissioner shall be empowered to promote, after approval of the plenary, constitutional controversies;

III.               To direct and manage the human, financial and material resources of the Institute and to report to the Plenary on the progress of the administration in terms of determining the organic status;

IV.              To direct, coordinate, evaluate and supervise the various units of the Institute, without prejudice to the functions of the Plenary Assembly and the obligation to separate the investigation and the resolution of the procedures in the form of judgment in the field of economic competition;

V.               Participate in representation of the Institute in forums, meetings, negotiations, events, conventions and congresses that take place with national, international and foreign governments, when referring to issues in the the Institute's field of competence, in accordance with the provisions of this Law or to designate representatives for such purposes, keeping the plenary informed of such activities;

VI.              To convene and conduct the plenary sessions with the help of the plenary's technical secretary, as well as to present the guidelines for their operation for approval;

VII.             Coordinate or order the execution of the agreements and resolutions adopted by the Plenum;

VIII.            Propose to the plenary the appointment of the head of the investigating authority, the technical secretary of the plenary session, and the other officials to point out the organic status;

IX.              Give an account to the Evaluation Committee provided for in Article 28 of the Constitution and to the Chamber of Deputies, of the vacancies to be produced in the Plenary Session of the Institute or the Internal Comptroller of the Institute, as appropriate, of your appointment;

X.               Propose annually to the plenary the preliminary draft budget of the Institute for approval and refer it, once approved, to the Secretariat of Finance and Public Credit, in order to be included in the Draft Budget Decree of the Federation's Eglings;

XI.              Present for the approval of the plenary session, within the month of January each year, the project of the annual work programme of the Institute and quarterly the projects of reports of activities that include: the results, the actions and the criteria that the effect has applied; their contribution to meeting the objectives and targets set in the National Development Plan and other programmatic instruments, related to the broadcasting and telecommunications sectors; impact on the development, progress and competitiveness of the country; Executive and Legislative Powers of the Union;

XII.             To receive from the holder of the Internal Comptroller of the Institute the reports of the reviews and audits that are carried out to verify the correct and legal application of the resources and assets of the Institute and to make them of the knowledge of the Full;

XIII.            Name and remove the staff of the Institute, except for the cases provided for in this Law or the Organic Statute;

XIV.           Subject to the full consideration of any competition from the Institute, and

XV.            The others entrusted to it by this Law, the Organic Statute of the Institute, the Plenary and other applicable provisions.

Section IV

From Commissioners

Article 21. The commissioners shall be appointed as provided for in Article 28 of the Constitution.

Article 22. During your order and concluded the same, the commissioners will be subject to the provisions of the Federal Administrative Responsibilities Act. Public.

Article 23. Corresponds to the commissioners:

I.                 Participate in the sessions and vote on the issues that are presented to the plenary session;

II.                Participate in forums, meetings, negotiations, events, conventions and congresses that are held with national, international and foreign governments, when they address issues in the field of competition Institute and present to the plenary a report of their participation as established by the organic statute;

III.               Appoint and freely remove the advisory and support staff assigned to them;

IV.              Provide the plenary with the information requested in the field of its competence;

V.               Directly or through the technical secretary of the plenary, request information from the appropriate unit, on the state that keeps the procedure of any matter. All commissioners shall have full access to the constances in the files;

VI.              Present the President's budget needs to the President to be considered in the drafting of the Institute's preliminary draft budget;

VII.             To assist with the President's Commissioner in the integration of the annual program and the Institute's quarterly reports;

VIII.            Subject to the full consideration of any competition from the Institute, and

IX.              The others entrusted to them by this Law, the organic statute of the Institute, the Plenary and other applicable provisions.

Article 24. The commissioners will be prevented and must immediately excuse themselves from knowing issues where there is one or more situations that will prevent you from resolving a business case. competence with full independence, professionalism and impartiality. For the purposes of the above, the commissioners will be prevented from hearing a matter in which they have direct or indirect interest.

Direct or indirect interest to be considered when a commissioner:

I.                 Have a straight line parentage without degree limitation, in the collateral for consanguinity to the fourth grade and in the collateral for affinity until the second, with any of the stakeholders or their representatives;

II.                Have personal, family or business interest in the matter, including those that may be of benefit to him, his or her spouse or relatives in the degrees expressed in the section I of this article;

III.               He, his or her spouse or any of his or her relatives in a straight line without limitation of degree, is heir, legary, donor or guarantor of any of the interested parties or their representatives, if those who have accepted the inheritance, the legacy or the donation;

IV.              The case has been expert, witness, proxy, employer or defender in the case in question or has previously managed the case for or against any of the interested parties, and

V.               It has publicly and unequivocally established the meaning of its vote before the plenary resolves the matter.

They may only be invoked as a cause of impediment to know matters that are dealt with by the Institute as listed in this article. Under no circumstances may the recusal of the commissioners be decreed by the expression of a technical opinion, nor by publicly explaining the substantiation and motivation of a resolution dictated by the Institute or by having cast a vote. particular.

The commissioners shall be excused from the knowledge of the matters in which any of the impediments referred to in this article are present as soon as they become aware of their impairment, In particular, by expressing the cause of the failure to act, in which case, the plenary session will qualify as the excuse, without the need to intervene with the regulated agents with interest in the case.

Section V

From the Plenary Technical Secretary

Article 25. On the proposal of the President, the plenary will appoint its technical secretary who will perform, among other functions: to integrate the agenda of the sessions of the Full; forward decision or resolution proposals with their information associated with the commissioners, as well as any information deemed relevant to the best dispatch of the cases; be responsible for the drafting, saving and conservation of the minutes of the sessions; they shall record the proceedings and issue certification of the decisions of the plenary.

The plenary's technical secretary will serve as a liaison to better provide in the communication and collaboration between the Institute's units; and between them with the commissioners and the Commissioner. President of the plenary session.

The plenary's technical secretary will attend the sessions and will assist the plenary, with a voice but without a vote. The other functions of the technical secretary of the plenary shall be laid down in the organic statute of the Institute.

Section VI

From the Investigator Authority

Article 26. The investigating authority will be aware of the investigation stage and will be a party to the procedure followed in the form of a judgment pursuant to the law Federal Economic Competition. In the exercise of its powers, the unit shall be endowed with technical and managerial autonomy to decide on its operation and resolutions. The organic status of the Institute shall establish the structure to which it shall count.

Article 27. The holder of the investigating authority shall be appointed by the plenary on a proposal of the presiding commissioner and may be removed by that collegiate body. In both cases, a qualified majority of five votes would be required.

To be the holder of the investigating authority the following requirements must be met:

I.                 To be a Mexican citizen, in full enjoyment of his civil and political rights;

II.                Have at least thirty-five years completed on the day of designation;

III.               Possess the day of the designation, at least ten years old, professional title issued by authority or institution legally empowered to do so;

IV.              Enjoy a good reputation and have not been convicted of a criminal offence that warrants imprisonment for more than one year;

V.               Not having been Secretary of State, Attorney General of the Federal District, Senator, Federal Deputy, Governor of any State or Head of Government of the Federal District, leader of some party political, nor having been nominated for a popular election position in the four years prior to the appointment itself;

VI.              Count on at least three years of public service experience;

VII.             Not to have occupied any employment, position or function or to have represented in any way the interests of any regulated agent, during the three years prior to his appointment, and

VIII.            Accredit the technical knowledge necessary for the exercise of the position.

Article 28. Corresponds to the investigating authority, in addition to those mentioned in the Federal Economic Competition Act for the investigating authority provided for in that law, next:

I.                 Attend plenary sessions, at the request of the plenary session, with a voice but no vote;

II.                Subject to the knowledge of the plenary, the issues of its competence;

III.               Provide the full and the commissioners with the information requested, as well as the information required by any administrative or judicial authority;

IV.              Report to the plenum of the resolutions that are responsible for it, dictated by the specialized courts in matters of economic competence, broadcasting and telecommunications, and

V.               The others entrusted to it by this Law, the Organic Statute of the Institute, the Plenary and other applicable provisions.

Section VII

From the Obligations of the Commissioners and the Investigative Authority

Article 29. The commissioners and the holder of the investigating authority, in the exercise of their respective functions, shall:

I.                 Reject any type of recommendation that tends to influence the handling or resolution of matters within your jurisdiction for the purpose of unduly benefiting or harming any regulated agent;

II.                Denounce, before the holder of the Internal Comptroller of the Institute, any act that deliberately seeks to violate its autonomy and impartiality;

III.               Do not engage in activities that affect your autonomy;

IV.              Refrain from having the confidential or confidential information with which he is responsible, except for the strict exercise of his duties, and

V.               Refrain from publicly issuing opinions that prejudge on a particular matter that is under consideration.

Failure to comply with these obligations will be a cause of administrative responsibility, without prejudice to those arising from the Constitution and other laws.

The commissioners will be subject to the public servants ' liability regime provided for in Title IV of the Constitution. The Internal Comptroller of the Institute shall be the body empowered to know of the administrative offences and to impose, where appropriate, the penalties applicable in accordance with the provisions of this Law and the Federal Law on Administrative Responsibilities of Public Servers.

Without prejudice to the foregoing, the commissioners in the exercise of their duties shall enjoy the guarantee that the sense of their vote or opinion shall not generate that they are questioned or reagreed under legal proceedings, in order to avoid affecting their legal sphere and the exercise of their functions, except where the commissioners have exercised their duties and are prevented from doing so in accordance with the provisions of Article 24 of this Law.

Article 30. Outside the hearings provided for in the procedures laid down in this Law, the commissioners may deal with matters of their competence with persons representing the interests of the agents regulated by the Institute, only by means of interview.

For this purpose, all commissioners must be convened, but the interview may be conducted with the presence of only one of them.

For each interview, a record will be kept that must contain at least the place, date, start time, and conclusion time of the interview; the full names of all the people who were present in the same and the topics discussed.

This information should be published on the Institute's website.

The interviews will be recorded and stored in electronic, optical or any other technology, remaining as reserved information, except for the other parties in the procedures followed in In the form of a trial, the other commissioners, the Comptroller's Office and the Senate of the Republic in case it is substantiating a procedure for the removal of a commissioner. The recording of each interview must be made available to the other commissioners. Interviews must be conducted at the Institute's premises.

The commissioners will not be able to be challenged by the demonstrations that they hold during the interviews, unless it is noticed that the principle of impartiality is violated. Where appropriate, the recusal shall be qualified by the Plenary.

The provisions of this article will be without prejudice to the participation of commissioners in public forums and events.

The plenary shall establish in the organic statute the rules of contact applicable to the investigating authority and other public servants of the Institute.

Article 31. These are serious and causal faults of the commissioners ' removal:

I.                 The performance of any employment, work or commission, public or private, in contravention of the provisions of the Constitution and this Law;

II.                Use, for the benefit of yourself or third parties, the confidential or reserved information that you have at your disposal, as well as disclose such information in terms other than those authorized by this Act;

III.               Present to the Institute's units, knowingly, false or altered information;

IV.              Participate in partisan acts on behalf of the Institute;

V.               Acquire obligations on behalf of the Institute, without having the delegation of powers to do so;

VI.              Having contact with persons representing the interests of regulated economic agents to deal with matters within their jurisdiction, in contravention of the provisions of this Law;

VII.             Do not excuse yourself from participating in those decision-making in which your personal interests are in conflict, in the terms set forth in this Law;

VIII.            Do not cast your reasoned vote in writing in cases of absence in the terms provided for in this Law;

IX.              Incur serious administrative responsibility in terms of the Federal Public Servants ' Federal Administrative Responsibilities Act, or

X.               You have been convicted of a felony offense that warrants prison time.

Article 32. In case of any updating of the assumptions mentioned in the previous article, the holder of the Internal Comptroller of the Institute, when he/she has knowledge of the facts that update some of the causes of provenance of the removal and consider that there are elements of proof, will immediately notify the president of the Board of Directors of the Chamber of Senators, accompanying the case of the matter founded and motivated, in order for the House to resolve the conduct.

In these cases, the House of Senators will resolve the removal, in accordance with the following procedure:

I.                 The Chamber of Senators will agree to the creation of a Special Commission that will serve as an instructor in the procedure;

II.                The Special Commission will cite the commissioner subject to the removal process to a hearing, notifying him that he will have to appear personally to render his statement on the facts that are attributed to him and which may be cause of liability under the terms of this Act, and other applicable provisions. The notification shall express the place, day and time when the hearing shall be verified, the acts or omissions which are imputed to it and the right of the hearing to appear assisted by a human rights defender.

The notification referred to in this section shall be carried out in a personal manner;

III.               Between the date of the summons and the date of the hearing, the time limit shall be no less than five or more than 15 days;

IV.              Concluded the hearing, the commissioner shall be granted subject to the removal process a period of five days to provide the evidence elements that he considers relevant and which relate to the facts attributed to him, and

V.               Drowned out the evidence that was accepted, the Special Commission within the next forty-five days will submit the opinion with draft resolution to the Chamber of Senators plenary.

The removal will require the vote of two-thirds of the members present in the session. Approved the removal, this will be firm and will be notified to both the infringer and the holder of the Internal Comptroller of the Institute for their immediate compliance.

Article 33. Officials with the command level or equivalent of the Institute shall be subject to the causes of removal for serious misconduct provided for in Article 31, fractions I to VI, IX and X of this Law. The organic status shall establish the respective removal procedure.

Chapter II

The Advisory Council

Article 34. The Institute will have an Advisory Council of fifteen honorary members, including its president, who is in charge of serving as an advisory body on principles set out in Articles 2, 6 or 6. and 7o. of the Constitution.

The members of the Advisory Board must be specialists of recognized prestige in the competence of the Institute. It will be ensured that the Council has at least one person with experience and knowledge in social-use concessions.

The members of the Advisory Council will be appointed by the Institute's plenary session. They will last for a year, which may be extended for similar periods, indefinitely.

The members of the Advisory Council will elect their president by a majority of votes, who will last in their office for one year and will be able to be re-elected.

The organic status will determine the requirements and procedures for appointing the public servant of the Institute that will serve as secretary of the Advisory Council.

The proposals and opinions of the Advisory Council will be communicated to the plenary in terms of the organic status. In no case will they be binding.

The president of the Institute will provide the facilities and essential elements for the development of the Consultative Council meetings.

The participation in the Advisory Council will be very personal and cannot be carried out by representatives.

Chapter III

From the Institute's Internal Comptroller

Article 35. The Internal Comptroller of the Institute is an organ endowed with technical and managerial autonomy to decide on its functioning and resolutions. He shall be responsible for the audit of the Institute's revenue and expenditure, as well as the substantiation of the procedures and, where appropriate, the application of the penalties inherent in the administrative responsibilities of the public servants of the Institute, in accordance with the Federal Law on Administrative Responsibilities of Public Servants and other applicable provisions.

The Internal Comptroller of the Institute, its holder and the staff assigned to it, whatever their level, will be prevented from intervening or interfering in any way in the performance of the faculties and exercise of powers that this Law and the other applicable provisions confer on the public servants of the Institute.

The Internal Comptroller of the Institute shall have the following privileges:

I.                 Establish mechanisms for guidance, counseling and training in matters of their competence, to help the public servants of the Institute to meet their administrative responsibilities properly;

II.                Advise the Institute on processes involving the exercise of budget resources;

III.               Receive and give a timely reply to the consultations and requests for opinions made by the officials of the Institute, in the field of their competence, without any guarantee or co-responsibility by the Internal Comptroller of the Institute;

IV.              Set the criteria for the conduct of the audits, procedures, methods and systems necessary for the review and audit of the resources in charge of the Institute's areas and bodies and carry them out;

V.               Verify progress reports on financial management with respect to the Institute's programs and processes;

VI.              Verify compliance with the objectives and goals set out in the programs and projects contained in the Institute's expenditures budget;

VII.             Verify that the various areas of the Institute that receive, manage, administer or exercise resources do so in accordance with applicable regulations, approved programs, authorized amounts, and corresponding items;

VIII.            Verify that the budgetary operations carried out by the Institute are made in accordance with the legal and administrative provisions applicable to these matters;

IX.              Verify the works, acquired or leased goods and contracted services, to verify that the investments and authorized expenses have been applied legally, to the achievement of the objectives and goals of the approved programs;

X.               Require third parties to have contracted goods or services with the Institute, the information related to the respective supporting documentation and proof, in order to make the necessary compulsas;

XI.              Request and obtain the information necessary for the performance of their duties. As regards the information relating to the operations of any kind provided by the credit institutions, it shall apply to all the public servants of the Internal Comptroller of the Institute, as well as to the professionals contracted for the practice of audits, the obligation to keep the reserve to which the regulatory provisions on transparency and access to public information refer;

XII.             Issue the guidelines, instruct, de-drown and resolve administrative procedures regarding complaints against the public servants of the Institute and keep the register of public servants penalties;

XIII.            Investigate, ex officio or through complaint or complaint, acts or omissions that involve any irregularities or unlawful conduct in the income, discharge, management, custody and application of funds and resources of the Institute by its servers public and to de-drown the procedures to be followed;

XIV.           Make visits to the physical headquarters of the Institute's areas, to request the exhibition of the books and papers indispensable for carrying out their research, subject to the formalities established in the laws applicable;

XV.            Formulate specifications for administrative observations;

XVI.           To determine the damages affecting the Institute's assets and to determine directly the persons responsible, the compensation and the corresponding financial penalties;

XVII.          Finance the responsibilities, impose the penalties and formulate the complaints that correspond, in terms of the applicable regulations;

XVIII.         Present the Institute's annual work programmes to the plenary session;

XIX.           To present to the plenary session of the Institute and to the Chamber of Deputies, the prior and annual reports of results of their management;

XX.            Receive and safeguard the property declarations to be submitted by the public servants of the Institute, from the level of head of department or equivalent, in accordance with the formats and procedures established by the Institute Internal Comptroller of the Institute, as well as follow up the patrimonial situation of these public servants. The rules laid down in the law of the matter shall be applicable as appropriate;

XXI.           Intervene in the delivery-receive processes by the appropriate start or end of the public servers, and

XXII.          Those laid down in the Federal Law on Administrative Responsibilities of Public Servants and other applicable in the field for internal control bodies or equivalent bodies, the exercise of which shall apply only to the Institute.

For the determination of the responsibilities and application of sanctions referred to in this article, the procedure provided for in the Federal Law of Responsibilities should be followed. Administrative of the Public Servants and other applicable provisions.

The resolutions by which the Internal Comptroller of the Institute determines administrative responsibilities and impose sanctions, may be challenged by the public servant before the Court Federal Tax and Administrative Justice.

Article 36. To be the holder of the Internal Comptroller of the Institute, the following requirements are required:

I.                 To be a Mexican citizen in full exercise of his civil and political rights;

II.                Have at least thirty-five years completed on the day of designation;

III.               Enjoy a good reputation and have not been convicted of a criminal offence that warrants prison sentences;

IV.              Not having been Secretary of State, Attorney General of the Federal District or Federal District or Federal District, Senator, Federal Deputy, Governor of any State or Head of Government of the Federal District, leader, member of the governing body or senior executive of a political party, nor has been nominated for a popular election in the four years prior to the appointment itself;

V.               Count upon appointment with an experience of at least five years in the control, management or audit of resources;

VI.              Count on the day of its designation, at least five years old, with a professional title related to the audit activities, issued by a legally empowered authority or institution;

VII.             Count on recognized moral solvency;

VIII.            Do not belong or have belonged in the four years prior to his appointment, to consulting or audit offices that have provided his services to the Institute or to have served as an external consultant or auditor of the Institute in the individual during that period or have provided the services referred to an agent regulated by this Law;

IX.              Not be disabled to perform a job, job or commission in the public service, and

X.               Not to have held any managerial positions or to have represented in any way the interests of any regulated agent during the four years prior to his appointment.

Article 37. The holder of the Internal Comptroller of the Institute shall be appointed by the Chamber of Deputies with the vote of two-thirds of its members present, in the terms to be set by your regulation.

The head of the Institute's Internal Comptroller's Office will last for four years. The Chamber of Deputies may renew the appointment of the holder of the Internal Comptroller of the Institute up to the same time limit for the same time.

Article 38. The holder of the Internal Comptroller of the Institute may be removed by the Chamber of Deputies with the same vote required for his appointment, for the reasons and in accordance with the procedures laid down in Title IV of the Constitution, as well as for the following serious misconduct:

I.                 To perform other employment or assignment in the public or private sectors, except those not paid in scientific, teaching, artistic or charitable associations;

II.                To make the knowledge of third parties or to disseminate in any form confidential or reserved information that the Internal Comptroller of the Institute has in its custody for the exercise of its attributions;

III.               Use for personal or third-party benefits, documentation and confidential or reserved information to which you have access in the terms of this Law and other applicable provisions;

IV.              To be absent from work for more than one week, with the exception of holidays and scheduled permits, without the authorization of the Institute's plenary session;

V.               Refrain from submitting, in the terms of this Act, without justification, the reports of their duties;

VI.              Subtract, destroy, conceal or otherwise misuse, the documentation and information which, by reason of his or her position, has in his or her custody or which exists in the Internal Comptroller of the Institute for the exercise of his or her duties;

VII.             To accept the interference of the agents regulated by the Institute in the exercise of their functions, or for any circumstance to be conducted with bias in the process of review of the Institute and in the procedures of audit and imposition of sanctions;

VIII.            Get an assessment of the unsatisfactory performance of the Board of Deputies ' Surveillance Commission for two consecutive years, and

IX.              To knowingly notify, to the Senate of the Republic, false or altered information regarding a cause of removal of the commissioners.

The Chamber of Deputies will appoint an investigating commission to study the facts and propose a well-founded and motivated decision. The Chamber of Deputies will rule on the existence of the reasons for the removal of the holder of the Internal Comptroller of the Institute for serious causes of administrative responsibility and should give the right of hearing to the affected person. Removal will require the vote of two-thirds of the members present.

Article 39. The holder of the Internal Comptroller of the Institute will be replaced in his absences by the auditors in the order that he points out the organic statute of the Institute.

Article 40. The holder of the Internal Comptroller of the Institute shall be assisted in his duties by the staff who, in effect, point out the organic status of the Institute, with the approved budget. The holder of the Internal Comptroller of the Institute shall be subject to the same rules of contact established in this Law for the commissioners.

Chapter IV

Institute Workers ' Labor Regime

Article 41. Staff who provide their services at the Institute shall be governed by the provisions of Article 123 (B) of the Constitution.

All public servants who make up the Institute's workforce will be considered trusted workers due to the nature of the functions they perform.

Article 42. The legal working relationship is understood to be established between the Institute and the workers at its service, for all purposes.

Article 43. The Institute will have and must establish a professional service system that evaluates, recognizes the capacity, performance, experience of its public servants and will seek equality of gender. This system must be approved by the plenary on a proposal from the President.

Chapter V

Of the Sessions of the Plenary of the Institute, its Resolutions, Transparency and the Confidentiality of Voters

Article 44. Exceptionally, and only when there is urgency, in the social interest and public order, the Federal Executive, through the Secretariat, may request the Commissioner The President of the Institute shall be the President of the Institute who has an interest in the matter, and shall be substantiated and resolved as a matter of priority, without any modification of the time limits provided for in the Law.

Article 45. The plenary shall deliberate in a collegial manner and shall decide matters by a majority of votes, except those under this Law requiring a qualified majority, having the Commissioner President or, in the absence of the obligation to exercise their quality vote in the event of a tie, who is expected to be absent.

The commissioners will not be able to abstain in the votes or to excuse themselves from voting on matters submitted to the plenary session, except for legal impediment. The plenary session will describe the existence of the impediments.

The commissioners will be required to attend the plenary sessions, except for justified reasons. Commissioners who provide for their justified absence must cast their reasoned vote in writing, at least twenty-four hours in advance.

In the cases of absence indicated in the preceding paragraph, the commissioners may choose to attend, participate and cast their reasoned vote in the session, using any means of electronic communication. Distance. The Technical Secretary of the Plenary Session shall ensure that the communication is fully recorded for the integration of the dossier and its subsequent consultation, and shall establish in the minutes of the session such circumstances.

Under no circumstances will the commissioner's supply be possible.

Article 46. The plenum shall order the publication in the Official Journal of the Federation of the general agreements and resolutions of which it is to decide and of those in which it so determines.

Article 47. The Institute's plenary agreements and resolutions shall be public in nature and only the parties containing confidential or reserved information shall be reserved.

Sessions will also be public in character except those that deal with topics with confidential or reserved information.

Regarding the two preceding paragraphs, only confidential information or reserved will be considered as such under the assumptions set forth in the Federal Law on Transparency and Access. to Government Public Information and other applicable provisions.

Article 48. The recordings of the Institute's plenary sessions will be made available in public versions generated in terms of the Federal Law on Transparency and Access to Information. Government Public and will be additionally provided with a stenographic version, which will be available to the public through an easy-to-use tool and access on the Internet portal of the Institute. Plenary sessions will be held for further consultations.

Article 49. When the information relating to one or more cases has been declared confidential or reserved, the plenary shall agree to the discussion of the same in private sessions, justifying publicly the reasons for this determination.

The sense of the votes of each commissioner in the plenary will be public, even in the case of the private sessions that will be made. Votes shall be taken either by a nominal or a show of hands, as laid down in the provisions governing the sittings. The Internet portal of the Institute shall include a section, which may be consulted in public versions, the meaning of the votes of the commissioners in each of the matters submitted to the plenary session, including, where appropriate, the votes These are specific.

Article 50. The minutes of the sessions shall be published on the Institute's website within ten working days from the next day on which it was approved. by the plenary, complying with the provisions of the Federal Law on Transparency and Access to Government Public Information and other applicable laws, regulations and administrative provisions.

Article 51. For the issuance and modification of rules, guidelines or general administrative provisions, as well as in any case determined by the Plenary, the Institute it shall carry out public consultations under the principles of transparency and citizen participation in the terms determined by the plenary, unless the publicity may compromise the effects which are intended to be resolved or prevented in a situation of emergency.

Prior to the issuance of the general rules, guidelines or administrative provisions, the Institute shall carry out and publish a regulatory impact analysis or, in its Case, request the support of the Federal Regulatory Improvement Commission.

The Institute will have a space within its Internet portal specifically aimed at publishing and maintaining updated public consultation processes and a timetable with the consultations to be held, in accordance with the general deadlines and characteristics for these to be determined by the guidelines approved by the plenary. The replies or proposals to be made to the Institute shall not be binding, without prejudice to the Institute's weighting in a document reflecting the results of such consultation.

Article 52. The organic status will determine the mechanisms to which the Institute's units will be subject to preserve the principles of transparency and maximum publicity in the attention of the cases and the lack of the formalities of their competence.

Chapter VI

From Collaboration with the Institute

Article 53. For the exercise of its powers, the Institute may request the collaboration and support of other autonomous constitutional bodies and the of the Union Powers; In particular, the Federal Government's agencies and agencies, as well as the state governments, the Federal District and the municipal governments. The Institute shall, in turn, provide the collaboration requested by the Institute, in the field of its powers, in terms of the collaboration agreements that the effect celebrates.

THIRD TITLE

of Radio Spectrum and Orbital Resources

Single Chapter

From Radio Spectrum

Section I

General Provisions

Article 54. The radio spectrum and orbital resources are the assets of the Nation's public domain, whose ownership and administration correspond to the State.

This administration will be exercised by the Institute in the exercise of its functions as provided by the Constitution, in this Law, in the international treaties and agreements signed by Mexico and, as applicable, following the recommendations of the International Union of Telecommunications and other international organizations.

The administration includes the elaboration and approval of plans and programs of use, the setting of conditions for the attribution of a frequency band, the granting of concessions, monitoring of radio emissions and the application of the sanctions regime, without prejudice to the powers of the Federal Executive.

By managing the spectrum, the Institute will pursue the following general objectives for the benefit of users:

I.                 The security of life;

II.                The promotion of social, regional or territorial cohesion;

III.               Effective competition in the converging markets of the telecommunications and broadcasting sectors;

IV.              The effective use of spectrum and its protection;

V.               The spectrum guarantee necessary for the purposes and functions of the Federal Executive;

VI.              Efficient investment in infrastructure, innovation and development of the converged products and services industry;

VII.             The promotion of technological neutrality, and

VIII.            The compliance with the provisions of Articles 2, 6, 7o. and 28 of the Constitution.

For the attribution of a frequency band and the granting of spectrum and orbital resources, the Institute shall be based on objective, transparent, non-discriminatory and proportional criteria.

Article 55. Radio spectrum frequency bands will be sorted according to the following:

I.                 Specific spectrum: These are the frequency bands that can be used for the services attributed in the National Frequency Attribution Table; through concessions for commercial, social, private and public use, defined in Article 67;

II.                Free Spectrum: These are those free-access frequency bands, which can be used by the general public, under the guidelines or specifications established by the Institute, without the need for grant or authorization;

III.               Protected spectrum: These are the frequency bands attributed worldwide and regionally to radionavigation services and those related to the safety of human life, as well as any other that must be protected in accordance with international treaties and agreements. The Institute shall carry out the necessary actions to ensure the operation of these frequency bands in conditions of safety and free from harmful interference, and

IV.              Reserved Spectrum: This is the one whose use is in the process of planning, and is therefore different from the specific, free, or protected.

Section II

From Radio Spectrum Administration

Article 56. For the appropriate planning, administration and control of the radio spectrum and for its efficient use and use, the Institute shall keep the National Table of Attribution of frequencies based on the general interest. The Institute shall consider technological developments in telecommunications and broadcasting, in particular radio communication and radio communication regulations of the International Telecommunication Union.

The Institute will ensure the availability of radio spectrum frequency bands or network capacity for the Federal Executive for national security, public security, site connectivity public and social coverage and other needs, functions, purposes and objectives. To this end, it will grant, without consideration, with preference to third parties, the necessary public concessions, after evaluation of its consistency with the principles and objectives established by this Law for the radio spectrum management, the national radio spectrum programme and the frequency band programme.

All use, use or exploitation of frequency bands shall be performed in accordance with the National Frequency Attribution Table and other applicable provisions.

Article 57. In the National Frequency Attribution Table the attribution of radio spectrum frequency bands to one or more radio communications services will be established. to the following categories:

I.                 For primary purposes: The use of frequency bands will have harmful interference protection, and

II.                Secondary title: The use of frequency bands should not cause harmful interference to the services provided by frequency bands granted on a primary basis, nor can they claim protection against harmful interference caused by the latter.

Article 58. The use of the frequency bands of a secondary service, will have protection from harmful interference caused by other frequency band dealerships that provide services in these secondary titles.

Article 59. The Institute shall issue, no later than thirty-one December of each year, the frequency band program with the frequencies or bands of spectrum frequencies determined be the subject of a tendering procedure or which may be directly assigned and shall contain at least the services which may be provided through such frequencies or frequency bands, their category, methods of use and geographical coverage.

Article 60. The annual frequency band utilization and utilization program must meet the following criteria:

I.                 Assess the requests for frequency bands, category, modes of use, and geographic coverage that have been submitted to you by stakeholders;

II.                To promote the efficient use of radio spectrum, the benefit of the public, the development of competition and the diversity and introduction of new telecommunications and broadcasting services, and

III.               Promote the convergence of networks and services to achieve efficiency in the use of infrastructure and innovation in application development.

Article 61. Any interested party may request, within thirty working days following the publication of the annual program of use and use of frequency bands, to be included frequency bands and additional or different geographical coverage referred to therein. In such cases, the authority shall resolve the conduct within a period not exceeding 30 working days from the expiry of the previous period.

Article 62. The Institute will be obliged to implement, operate and maintain an updated spectrum management system, as well as to establish mechanisms and criteria for public access to the information contained in the corresponding databases, in terms of the Federal Law on Transparency and Access to Government Public Information.

The system mentioned will include all information regarding the ownership of the concessions including the technology, location and characteristics of the emissions, as well as the deployment relative of the infrastructure installed and used for such purposes.

The dealers are obliged to provide the Institute, within the time limit, format and medium that for this purpose is indicated, the information concerning such use, exploitation or exploitation.

Article 63. The Institute shall be the authority responsible for the supervision and technical control of radio emissions, establish the mechanisms necessary to carry out the verification of radio emissions and shall resolve harmful interference and other irregularities and disturbances which arise between the systems used for the provision of telecommunications and broadcasting services for their correction. All of the above in order to ensure compliance with radio spectrum standards, their efficient use and the proper functioning of services. The dealers will be obliged to comply within the time limit set, the measures which the Institute has to do, as well as to collaborate with their staff, facilitating the inspection, detection, location, identification and elimination of the same.

Article 64. The Institute will seek to avoid harmful interferences between national and international radio communications systems and will dictate appropriate measures to ensure that such systems are operate free from harmful interference in their authorised area of service.

The Institute shall determine the operating parameters in the use of frequency bands for all radio communications services operating in the border areas, when such parameters are not are specified in the international treaties or agreements in force.

Scientific, medical or industrial equipment or apparatus shall comply with the applicable technical standards or regulations in such a way as to avoid causing harmful interference to authorised or protected emissions. Where the operation of such equipment causes harmful interference to authorised or protected emissions, they shall remove any harmful interference within the time limit set by the Institute.

Article 65. In the deployment and operation of wireless infrastructure, compliance with the maximum exposure limits for human beings to electromagnetic radiation should be observed. non-ionising radio frequency which the Institute defines in collaboration with other competent authorities.

TITLE FOURTH

Concession Regime

Chapter I

From Single Concession

Article 66. It will require a single concession to provide all types of public telecommunications and broadcasting services.

Article 67. According to its purposes, the single grant will be:

I.                 For commercial use: Trust the right to natural or moral persons to provide public telecommunications and broadcasting services, for profit through a public telecommunications network;

II.                For public use: Trust the right to the Powers of the Union, the States, the governing bodies of the Federal District, the Municipalities, the autonomous constitutional bodies and the institutions of higher education of a character public to provide telecommunications and broadcasting services for the fulfilment of their purposes and attributions.

Under this type of concessions are included to the concessionaires or permissionaries of public services, other than those of telecommunications or broadcasting, where they are necessary for the operation and security of the service concerned.

In this type of concessions you will not be able to exploit or render for profit telecommunication services, broadcast or network capacity, otherwise they must obtain a concession for commercial use;

III.               For private use: Trust the right for telecommunications services for purposes of private communication, experimentation, technical and economic feasibility verification of developing technologies or temporary tests of equipment for non-commercial exploitation, and

IV.              For social use: I trust the right to provide telecommunications and broadcasting services for cultural, scientific, educational or community purposes, not for profit. Community and indigenous concessions are included in this category, as well as those granted to institutions of higher education of a private nature.

concessions for community social use may be granted to civil society organisations which do not pursue operate for profit and are constituted under the principles of direct citizen participation, social coexistence, equity, gender equality and plurality.

The concessions for indigenous social use can be granted to the indigenous peoples and communities of the country of conformity with the guidelines issued by the Institute and will aim to promote, develop and preserve their languages, their culture, their knowledge by promoting their traditions, internal norms and principles that respect gender equality, allow the integration of indigenous women in the participation of the objectives for the granting and other elements that constitute indigenous cultures and identities.

Article 68. By granting the sole concession referred to in this Law, the Institute shall establish with all accuracy the type of concession concerned: commercial, public, social or private use.

Article 69. A single grant will be required for private use only when it is necessary to use or take advantage of radio spectrum frequency bands that are not of free use or resources For this purpose, the provisions of Chapter III of this Title shall apply.

Article 70. A single grant will be required for public use only when it is necessary to use or take advantage of radio spectrum frequency bands other than for free use or resources. For this purpose, the provisions of Chapter III of this Title shall apply.

Article 71. The sole concession referred to in this Law shall be granted only to natural or moral persons of Mexican nationality.

The participation of foreign investment in concessionary companies will be permitted under the terms of the Constitution and the Foreign Investment Law.

By granting the concessions, the Institute must establish that in the provision of services it is prohibited to establish privileges or distinctions that set up any kind of discrimination and in the case of natural persons, any discrimination based on ethnic or national origin, gender, age, disability, social status, health conditions, religion, opinions, sexual preferences, or civil status or any other state which is against human dignity and has as its object to annul or undermine the rights and freedoms of individuals.

Chapter II

of the Single Concession Grant

Article 72. The single grant shall be granted by the Institute for up to thirty years and may be extended for up to the same time, as provided for in Chapter VI of this Title.

Article 73. Those interested in obtaining a single concession, whatever their use, shall submit to the Institute application containing at least:

I.                 Name and address of the applicant;

II.                The general characteristics of the project in question, and

III.               The documentation and information that accredit your technical, economic, legal and administrative capacity.

The Institute shall analyse and evaluate the documentation presented with the application referred to in this Article within a period of sixty calendar days, within which it may require interested parties to provide additional information, where this is necessary to prove the requirements referred to in this Article.

Once the period referred to in the preceding paragraph has been exhausted and all the requirements stated in the Institute's judgment are met, the Institute shall grant the grant. The respective title will be entered in full in the Public Telecommunications Registry provided for in this Law and will be made available on the Institute's website within the fifteen working days following its award.

The above, without prejudice to the fact that the interested party obtains, in case it intends to exploit bands of frequencies or orbital resources, a concession for such purpose, in the terms of the Chapter III of this Title.

Article 74. The single grant title will contain at least the following:

I.                 The name and address of the dealership;

II.                The use of the concession;

III.               The authorization to provide all technically feasible services. If radio spectrum bands or orbital resources are required, the concessionaire shall obtain them in accordance with the terms and conditions laid down in this Law;

IV.              The period of validity;

V.               The general characteristics of the project;

VI.              The programs and commitments of investment, quality, geographic coverage, population or social, connectivity in public places and contribution to the universal coverage that, if necessary, determine the Institute, for which consider the proposals that the Secretariat makes annually in accordance with the respective plans and programmes, and

VII.             The other rights and obligations of the dealers.

Chapter III

Of Concessions on Radio Spectrum and Orbital Resources

Section I

General Provisions

Article 75. Concessions to use, take advantage of, and exploit frequency bands of the specified use radio spectrum and for the occupation and exploitation of resources They shall be granted by the Institute for up to 20 years and may be extended for up to 20 years in accordance with the provisions of Chapter VI of this Title.

When the operation of the services covered by the radio spectrum concession requires a single concession, the latter shall be granted in the same administrative act, except the dealer already has a concession.

Article 76. According to its purposes, the concessions referred to in this chapter shall be:

I.                 For commercial use: Confiere the right to natural or moral persons to use, exploit and exploit bands of frequencies of the radio spectrum of use determined and for the occupation and exploitation of orbital resources, with for profit;

II.                For public use: Trust the right to the Powers of the Union, the States, the governing bodies of the Federal District, the Municipalities, the autonomous constitutional bodies and the institutions of higher education of a character public to provide telecommunications and broadcasting services for the fulfilment of their purposes and attributions.

Under this type of concessions are included to the concessionaires or public service permits, other than those for telecommunications or broadcasting, where they are necessary for the operation and security of the service concerned.

In this type of concessions you will not be able to use, exploit or exploit for profit, bands of frequencies of the radio spectrum of use determined or for the occupation or exploitation of orbital resources, otherwise they shall obtain a concession for commercial use;

III.               For private use: Trust the right to use and use frequency bands of the specified radio spectrum or for the occupation and exploitation of orbital resources, for purposes of:

a) Private communication, or

b) Experimentation, technical and economic feasibility testing of developing technologies, temporary testing of equipment or radio amateurs, as well as to meet communication needs for embassies or diplomatic missions visiting the country.

This type of concessions does not confer the right to use, exploit and exploit commercially Frequency bands of the radio spectrum of use determined or to occupy and exploit orbital resources, and

IV.              For social use: I trust the right to use and take advantage of certain frequency bands of the radio spectrum of use or orbital resources to provide telecommunications or broadcasting services for cultural purposes, Scientists, education or the community, not for profit. The Community and indigenous media referred to in Article 67, fraction IV, as well as the institutions of higher education of a private nature, are included in this category.

Article 77. The concessions referred to in this chapter shall only be granted to natural or moral persons of Mexican nationality.

The participation of foreign investment in concessionary companies will be permitted under the terms of the Decree and the Foreign Investment Law.

When a concession is requested to provide broadcasting services involving foreign investment participation, the prior and favorable opinion of the National Commission of Foreign Investments, who will verify that the foreign investment limits provided by the Decree and the Foreign Investment Law are met. This opinion must be submitted by the person concerned to the Institute.

Section II

of Concessions on Spectrum

Radioelectric for Commercial or Private Use

Article 78. The concessions for the use, exploitation or exploitation of radio spectrum for commercial or private use, in the latter case for the purposes referred to in Article 76, fraction III, point (a), shall be granted only through a the procedure for public invitation to tender for payment of a consideration, for which the criteria laid down in Articles 6o, 7o, 28 and 134 of the Constitution and as laid down in Section VII of Chapter III of this Regulation shall be observed. Title, as well as the following:

I.                 For the granting of concessions in the field of telecommunications, the Institute may take into account, inter alia, the following factors:

a) The economic proposal;

b) Coverage, quality and innovation;

c) Lower pricing in services to the end user;

d) The prevention of concentration phenomena that would be in the public interest;

e) The possible entry of new competitors into the market, and

f) The consistency with the dealership program.

II.                For the granting of concessions in the field of broadcasting, the Institute shall take account of points (a), (b), (d), (e) and (f). In addition, it should be considered that the programming project is consistent with the purposes for which the concession is requested, that promotes and includes the dissemination of national, regional and local content and complies with the provisions applicable.

Article 79. To carry out the public tender procedure referred to in the previous article, the Institute shall publish on its website and in the Official Journal of the Federation the respective convocation.

Public tender bases will include at least:

I.                 The requirements to be met by the stakeholders to participate in the tender, including:

a) The investment, quality, geographic, population or social programs and commitments of connectivity in public places and contribution to universal coverage, as appropriate, to be determined by the Institute, for which it will consider proposals to be submitted annually by the Secretariat in accordance with the respective plans and programmes;

b) The technical specifications of the projects, and

c) The production and programming project, in the case of broadcast;

II.                The grant title model;

III.               The minimum reference value and the other criteria for selecting the winner, the technical capacity and the weighting of the same;

IV.              The frequency bands to be granted; their mode of use and geographical areas in which they may be used; and the power in the case of broadcasting. Where appropriate, the possibility for the Institute to authorise the secondary use of the frequency band in question in terms of this Law;

V.               The criteria that ensure effective competition and prevent concentration phenomena that are in the public interest;

VI.              The obligation for dealers to present a guarantee of seriousness;

VII.             The validity of the concession, and

VIII.            In no case shall the determining factor be purely economic, without prejudice to the provisions of this Law on consideration.

Article 80. It will be declared deserted and a new call may be issued, when the proposals presented in the public tender do not ensure the best conditions under the public interest, do not comply with the requirements laid down at the basis of the invitation to tender or when the consideration offered in favour of the Federation's Treasury is lower than the minimum reference value.

Article 81. The grant title for use, use or exploit the radio spectrum for commercial use or for private use shall contain at least the following:

I.                 The name and address of the dealership;

II.                The frequency band to be granted, their modes of use, and the geographical area in which they are to be used;

III.               The period of validity;

IV.              The technical specifications of the project;

V.               The programs and commitments of investment, quality, geographic coverage, population or social, connectivity in public places and contribution to the universal coverage that, if necessary, determine the Institute, for which consider proposals to be submitted annually by the Secretariat in accordance with the respective plans and programmes;

VI.              The consideration to be given to the Federation's Treasury for the use, exploitation or exploitation of the radio spectrum, and

VII.             The other rights and obligations of the dealers.

Article 82. The radio spectrum for private use for the purposes provided for in Article 76 (III) (b) shall be directly subject to availability, for up to two years, except in the case of radio amateurs, in which case it may be extended for up to five years as provided for in Chapter VI of this Title. In any event, the concessions referred to in this Article shall be non-transferable.

The guidelines for granting the concession referred to in this article will be established by the Institute, by means of general rules on the basis of the an application in the order in which it was filed and shall include the prior payment of a consideration in favour of the Federal Government in terms of this Law.

Section III

From Concessions on Radio Spectrum for Public or Social Use

Article 83. Radio spectrum concessions for public or social use shall be granted by direct allocation for up to 15 years and may be extended for up to equal periods, as provided for in Chapter VI of this Title. In this form of concessions, it will not be possible to provide services for profit, nor to share the radio spectrum with third parties. The above, without prejudice to the multi-programming of the broadcasting concessions in which capacity may be offered to third parties in accordance with this Law.

The agencies and entities of the Federal Executive Branch will be able to share among them the frequency bands granted for the purposes to which they were granted prior authorization from the Institute. Requests for transfer authorisation related to frequency bands required for security shall be analysed as a matter of priority.

Article 84. Dealers or permissioners of public services other than telecommunications and broadcasting may obtain the direct allocation of the frequency bands for the operation or security of such public services, and the Institute must prove to the Institute the need for the use of these frequency bands.

The dealers or permissionaries referred to in the preceding paragraph shall pay the corresponding consideration in advance as laid down in Section VII of Chapter III of this Regulation. Title itself, which shall be fixed solely in the light of the services provided for public services.

Article 85. For the allocation of concessions to use, take advantage of, or exploit radio spectrum for public or social use, the data subject shall submit to the Institute contains at least the following information:

I.                 Name and address of the applicant;

II.                The services that you want to provide;

III.               Justification for the public or social use of the concession;

IV.              The technical specifications of the project;

V.               The coverage and quality programs and commitments;

VI.              The project to be developed, according to the characteristics of the concession to be obtained, and

VII.             The documentation certifying their technical, economic, legal and administrative capacity, taking into account the nature of the applicant, as well as the source of their financial resources for the development and operation of the project.

In the case of applications for the granting of community social use, it must be established before the Institute that the applicant is constituted in a non-profit civil association.

The Institute will determine by general guidelines the terms in which the requirements provided for in this article must be accredited and, in the case of community and indigenous concessions, will be required to provide technical assistance to facilitate compliance with these requirements, which will be in accordance with the forms of social organization and the rights of indigenous peoples and communities.

Once the above requirements have been met, the Institute will decide how to conduct it within one hundred and twenty business days following the filing of the application.

The Institute will be able to donate to social-use dealers who provide broadcasting services, transmitting equipment that has passed to the Nation as a result of the procedures and expected loss of goods by use of the radio spectrum without being granted.

Section IV

Of Concessions on Radio Spectrum for Public Use and Social Use to Provide Broadcasting Service

Article 86. Those interested in obtaining a concession on the radio spectrum for public use to provide the broadcasting service shall submit a request for compliance with the requirements set out in Article 85 of this Law, within the time limit set out in the annual programme for the use and use of frequency bands.

The mechanisms to ensure editorial independence; autonomy of financial management; guarantees of citizen participation; clear rules for transparency, and accountability; defense of its contents; financing options; full access to technologies and rules for the expression of ideological, ethnic and cultural diversities.

The Institute shall verify that the mechanisms set out in the application are sufficient to ensure these objectives and, otherwise, will prevent the applicant from making the changes. relevant.

Article 87. Those interested in obtaining a concession on the radio spectrum for social use to provide the broadcasting service shall present the requirements established in Article 85 of this Law, within the time limit laid down in the annual programme for the use and use of frequency bands.

Concessions for social use include the Community and the indigenous, which shall be subject, in accordance with their purposes, to the principles laid down in Articles 2, 3., 6o. and 7o. of the Constitution.

The Institute will establish collaboration mechanisms with the National Commission for the Development of Indigenous Peoples or other organizations to:

I.                 Promote the granting of indigenous concessions;

II.                Facilitate the granting of concessions to indigenous peoples where they have a presence and to transmit in their original languages, in particular, in those places where there are no concessions, and

III.               Promote that indigenous social-use concessions contribute to preserving and enriching their languages, knowledge and all elements that constitute their culture and identity.

Article 88. For the fulfilment of its purposes, the operation of public-use broadcasting concessions shall be financed with a public budget to ensure its operation.

Public-use dealerships may have any of the following additional revenue sources:

I.                 Donations in money or in kind made by natural or moral persons of Mexican or foreign nationality, provided that in the latter case they come exclusively from multilateral organizations and cooperation agencies (a) international law recognised by the national legal order, which under no circumstances may participate or influence the content of the transmissions.

In the case of money donations, tax vouchers must be issued which comply with the provisions established by the Secretariat of Finance and Public Credit, while donations in kind will be entered into a contract concluded in accordance with applicable laws;

II.                Sale of products, own contents previously transmitted in accordance with their purpose and object or services, in accordance with their legal and operational capacity without the issuance of commercial messages and advertising sales;

III.               Sponsorships;

IV.              Financing projects and co-investment agreements for the production or dissemination of content related to the objectives of the service, and

V.               Conventions of co-investment with other public agencies for the best performance of their public service purposes.

The absence of profit implies that such dealers will not pursue in their activities the obtaining of profits for purposes of accumulation, so that the The remaining part of its operation may be invested only for the purpose of the concession.

Article 89. Social-use dealerships, in line with their purposes, will be able to obtain revenue from the following sources:

I.                 Donations in money or in kind;

II.                Contributions and quotas or cooperation of the community to which they serve;

III.               Sale of products, own contents previously transmitted in accordance with their purpose and object or services, in accordance with their legal and operational capacity without the issuance of commercial messages and the sale of advertising, with the exception of the provisions of section VII of this

;

IV.              Resources from public entities for the generation of programmatic content other than marketing;

V.               Leasing of studios and editing, audio, and recording services;

VI.              Covenants of co-investment with other social media for the best performance of their public service purposes, and

VII.             Sale of advertising to federal public entities, which will allocate one percent of the amount for social communication services and authorized advertising in their respective budgets to the set of social-use concessions Community and indigenous peoples of the country, which will be distributed equally among the existing concessions. The Federative Entities and Municipalities may authorize up to one percent for that purpose in accordance with their respective budgets.

The provisions of this section will only apply to concessions for Community social use and indigenous.

The absence of profit implies that such dealers will not pursue in their activities the obtaining of profits for purposes of accumulation, so that the The remaining part of the operation may be invested only for the purpose of the concession. In order to receive donations in cash or in kind, the social-use dealers must be authorized in terms of the applicable provisions.

Social-use dealers who provide the broadcasting service must submit annually to the Institute, the necessary information in order to verify that the source and destination of the proceeds are attached to the purposes for which the concession was granted.

Article 90. For the granting of broadcasting concessions for public and social use, the Institute shall take into consideration:

I.                 That the technical project takes advantage of the frequency band's ability to deliver the service;

II.                The granting of this aid to the social function of public service broadcasting and to the exercise of human rights of freedom of expression, information and free access to information technologies and communication;

III.               That is compatible with the object of the applicant, in the terms of Articles 86 and 87 of this Law, and

IV.              Your technical and operational capacity, as well as your sources of income.

Fulfilled the requirements, within a maximum period of ninety working days counted from the presentation, the Institute shall decide on the granting of the concession.

In granting concessions, the Institute will favor diversity and avoid national and regional concentration of frequencies.

Fulfilled the requirements laid down in the Law and those established by the Institute, the applicant shall be granted the grant of radio spectrum of social use intended for indigenous communities and peoples, in accordance with the availability of the corresponding annual programme.

The Institute will have to book for community and indigenous FM radio stations ten percent of the FM's soundtrack, which runs from 88 to 108 MHz. This percentage shall be granted at the high end of the said band.

The Institute will be able to grant concessions for AM, community and indigenous radio stations in the band segment of the extended radio spectrum from 1605 to 1705 KHz. The above, without prejudice to the possibility that the Institute may grant concessions for public, commercial or social use, other than community or indigenous, in the rest of the segment of AM.

The Institute shall issue, and where appropriate, update the technical parameters under which the dealers referred to in this Article shall operate and carry out the actions. necessary for the fulfillment of the intended.

Article 91. Spectrum concessions for public use that provide broadcasting services may only be ceded, taxed or wholly or partially put into public entities. In any event, the commitments and conditions laid down in the concession title shall remain in force.

Section V

of the Concessions for the Occupation and Exploitation of Orbital Resources

Article 92. The concessions to occupy and exploit orbital resources for commercial use or for private use, in the latter case for the purposes provided for in Article 76, Section III (a) shall be granted, after payment of a consideration, by public invitation to tender, except as provided for in Section VI of this Title, for which the criteria laid down in Articles 28 and 134 of the Constitution.

Article 93. To carry out the public tender procedure referred to in the previous article, the Institute shall publish on its website and in the Official Journal of the Federation the respective call for tenders.

Public tender bases will include at least:

I.                 The requirements to be met by the stakeholders to participate in the tender, including:

a) The programs and commitments of coverage and quality of the services to be provided, and

b) The technical specifications of the projects;

II.                The orbital resources that are the subject of the tender;

III.               The criteria that ensure effective competition and prevent concentration phenomena that are in the public interest;

IV.              Where appropriate, the obligation of commercial dealers to attend to the service requests submitted to them by the authorised dealers;

V.               The grant title model;

VI.              The obligation for dealers to present a guarantee of seriousness;

VII.             The period of validity of the concession;

VIII.            The satellite capacity to be reserved for the State;

IX.              The minimum reference value, and

X.               The criteria for selecting the winner, among which the coverage and the capacity offered on the national territory should be privileged. In no case shall the determining factor be purely economic, without prejudice to the provisions of this Law on consideration.

Article 94. The grant title for occupying and exploiting orbital resources for commercial or private use shall contain at least the following:

I.                 The name and address of the dealership;

II.                The orbital resources object of the concession;

III.               The period of validity;

IV.              The services to be provided by the concessionaire;

V.               The technical specifications of the project;

VI.              The satellite capacity that will be reserved for the State;

VII.             Where appropriate, the conditions under which the service requests to be submitted by the marketing companies must be met;

VIII.            The consideration to be given to the Federation's Treasury, and

IX.              The other rights and obligations of the dealers.

Article 95. It will be declared deserted and a new call may be issued, when the proposals presented in the public tender do not ensure the best conditions under the public interest, or do not comply with the requirements laid down at the basis of the invitation to tender, or where the proposals offered are not satisfactory, in the Institute's judgment, or are lower than the minimum reference value.

Section VI

Of the Concessions for the Occupation and Exploitation of Orbital Resources that are obtained at the request of an interested party

Article 96. Any person may express to the Institute their interest in the Federal Government obtaining orbital resources in favor of the Mexican State, for which it shall:

I.                 Submit an application in which you express your interest, backed by an investment project;

II.                Provide the following technical information:

a) The frequency band or bands;

b) Geographic coverage;

c) The geostationary orbital position to be occupied or, where appropriate, the detailed description of the Satellite orbits or orbits, as well as the corresponding satellite system;

d) The technical specifications of the project, including the description of the or the satellites they intend make use of orbital resources, and

e) All the additional technical information that the applicant considers relevant;

III.               The radio communications services that are intended to be offered in each of the bands to be coordinated;

IV.              The documentation certifying the technical, financial, legal and administrative capacity of the applicant, and

V.               A commitment to participate in and contribute to the Federal Government in all efforts, requirements and coordination necessary for obtaining or registering orbital resources in favor of the country.

Article 97. The Institute will analyze and evaluate the relevant documentation and within thirty working days it will accept the application or prevent it for the only time applicant, where one of the requirements set out in the previous article is omitted in writing, giving it an equal time to prevent the prevention of such a situation.

Drowning prevention, the Institute will admit to processing the application within the next fifteen days. After the deadline without the prevention of the prevention or without the requirements set out in the previous article being met, the application shall not be submitted.

The file will be understood as integrated once the information has been presented or the deadline to deliver it.

Integrated the file to the satisfaction of the Institute, it will be forwarded to the Secretariat in company of the estimate of the expenses in which the Institute arrives to incur. The above, in order for the Secretariat to determine the origin of the application.

If the request is made, the Secretariat will notify the Institute, setting the amount of the bond or letter of credit in favor of the Federal Government and the Institute, for ensure the seriousness of the applicant and the costs incurred by the Federal Government and the Institute. Otherwise, the Secretariat shall notify the Institute of the reasons for the failure to respond to the data subject.

Once the security has been granted, the Secretariat will manage the International Telecommunication Union in order to initiate the corresponding coordination procedure.

The Secretariat, with the collaboration of the Institute, will carry out the coordination procedure with the competent international agencies, with the entities of other countries and with the national or foreign dealers or operators.

The data subject will be responsible for providing all the information and documentation required to complete the relevant international coordination process and in this way. ensure the priority of occupancy of orbital resources.

The data subject shall cover, without reimbursement, all expenses incurred by the International Telecommunication Union.

If, as a result of the management, the priority given to the International Telecommunication Union has been obtained in favor of the country to occupy the orbital resources subject to the request, The Institute shall grant the respective grant to the person concerned directly, after payment of the corresponding consideration in terms of the provisions of Section VII of Chapter III of this Title.

In such cases, the Institute shall deduct from the respective consideration the costs which the individual has previously incurred and which would have been contemplated from a start for such purposes. purposes.

Article 98. Dealing with dependencies and entities of the Federal Public Administration, the Institute will grant direct allocation of orbital resource concessions.

The Institute will have to ensure at all times the availability of orbital resources for national security services, public safety, connectivity of public places, social coverage and other needs, functions, purposes and objectives of the Federal Executive. To this end, it shall grant, without consideration, directly, without consideration, for a period of up to 20 years, on an irrevocable basis, to the necessary concessions for public use, subject to an assessment of its consistency with the principles and objectives set out in this Law for the administration of radio spectrum, the national radio spectrum programme and the frequency band programme.

Section VII

Of The Benefits

Article 99. All consideration provided to this Law will require the Secretariat of Finance and Public Credit to be issued without binding opinion, which must be issued in a period not longer than 30 calendar days. After this deadline, the Institute will continue the corresponding procedures.

Article 100. To fix the amount of the consideration for the granting, the extension of the validity or the changes in the services of the concessions, as well as for the authorization of the services related to these concessions on the radio spectrum, the Institute shall consider the following elements:

I.                 The frequency band of the radio spectrum in question;

II.                Quantity of spectrum;

III.               Coverage of the frequency band;

IV.              The validity of the concession;

V.               Frequency band market value references, both domestic and international, and

VI.              The fulfilment of the objectives set out in Articles 6o. and 28 of the Constitution, as well as those established in the National Development Plan and other programmatic instruments.

In the request for an opinion from the Institute to the Secretariat of Finance and Public Credit, it shall include, as applicable, the information referred to in fractions I to VI of this article, as well as the consideration project derived from the analysis of such information.

Article 101. All consideration to this Law shall be in favor of the Federal Government and shall be heard by the Treasury of the Federation.

The above, without prejudice to the payment of the contributions that the laws establish for the use or exploitation of the assets of the nation's public domain.

Article 102. The Institute shall be obliged to make sure that the consideration provided for in this Law is paid, as well as the contributions resulting from the use, exploitation or exploitation of radio spectrum.

The concession titles shall be delivered, once the consideration has been paid to the consideration that the effect has been fixed.

Article 103. The provisions set forth in this section shall be applicable, as appropriate, to consideration for the granting of orbital resources.

Section VIII

of Radio Spectrum Lease

Article 104. The dealers may lease, only bands of concessionary frequencies for commercial or private use, the latter for purposes of private communication, prior to the authorization of the Institute. For this purpose, the following shall be observed:

I.                 That the lessee has a single grant of the same use or that he has applied for it to the Institute;

II.                That the lessee is in solidarity with the concessionaire, in respect of the obligations arising from the granting of the leased frequency band;

III.               That continuity in service delivery is not affected, and

IV.              That no concentration, hoarding, or cross-ownership phenomena are generated.

The Institute will have forty-five working days to resolve the lease authorization request. The requirements for obtaining the authorization of the lease referred to in the preceding paragraph shall be subject to the provisions which the Institute shall issue. The Institute will boost the secondary spectrum market, observing the principles of competition promotion, removal of barriers to entry of new competitors and efficient use of spectrum.

The lease of the frequency bands is extinguished in full right when the concession is completed in any of the assumptions provided for in this Law.

Section IX

From Radio Spectrum Change or Rescue or Orbital Resources

Article 105. The Institute may change or rescue bands of frequencies or orbital resources in any of the following cases:

I.                 When required by the public interest;

II.                For reasons of national security, at the request of the Federal Executive;

III.               For the introduction of new technologies;

IV.              To fix disruptive interference problems;

V.               To comply with international treaties signed by the Mexican State;

VI.              For frequency band reordering, and

VII.             For the continuity of a public service.

In the process of changing frequencies, the Institute may directly grant the concessionaire new frequency bands by which the services originally provided can be offered.

If, as a result of the change of frequencies, the dealer intends to provide additional services, you must request it. The Institute shall evaluate such a request in accordance with the provisions of this Law.

Article 106. The change of frequency bands or orbital resources may be performed either on their own initiative or at the request of an interested party.

When the dealer requests the change referred to in this article, the Institute shall resolve within ninety working days of the filing date of the application, taking in consideration of the efficient planning and management of spectrum, orbital resources, technological advances and the public interest.

Without prejudice to its powers of rescue, the Institute may propose the change of its own motion, for which it shall notify the concessionaire of its determination and the respective conditions. The concessionaire must respond to the proposal within 10 working days. If the dealer does not respond, the change proposal shall be deemed to be rejected.

Dealers may exchange between them a frequency, a set of them, a complete band or various bands of frequencies or orbital resources that have concessionaires, upon request and Authorisation of the Institute. The Institute shall resolve the conduct within forty-five working days from the date the application is filed, and must verify that the requested exchange does not cause alteration to the planning, does not affect the competition and free competition or third parties, do not generate concentration, hoarding or any phenomenon contrary to the competition process and obtain efficient use of the spectrum or orbital resources.

Article 107. In the event of the change of frequencies by any of the assumptions provided for in Article 105, the concessionaire must accept, in advance, the new conditions that establish the Institute.

Once the concessionaire accepts the new conditions, the Institute will make the necessary modifications to the concession and will anticipate what is necessary for its efficient operation. The concessionaire shall be subject to the applicable laws, regulations or administrative provisions.

In no case will the duration of the concession be modified. In the event that the dealer does not accept the change or the conditions established by the Institute, the Institute may proceed to the rescue of the frequency bands.

Under no circumstances of changing a frequency band or orbital resources will indemnify the dealership.

Article 108. For the rescue of a concessionary frequency band or orbital resources, the Institute shall notify the concessionaire of the reasons for its determination, granting it a period of thirty-five working days from the working day following which the notification takes effect, in order to indicate what is appropriate and to provide the evidence which it considers to be relevant.

The Institute shall carry out the analysis of the demonstrations carried out and the proof of proof within 20 working days of the closing of the period referred to in the preceding paragraph. Upon completion of the test, a period of five working days shall be granted for the concessionaire to present his pleadings. Upon completion of this term, with or without pleadings, the Institute shall decide within the next fifty working days. The rescue shall take effect from its declaration by the Institute.

In the event that the Institute resolves to rescue the frequency band or orbital resources, it will be able to request the support of the INDAABIN to determine the corresponding compensation, for which the The concessionaire may provide the arguments and the elements it deems relevant through the Institute within 10 working days.

In order to determine the corresponding compensation, the Institute shall take into account the investment made and duly checked, the goods, equipment and network facilities intended directly for the purposes of the concession and its depreciation. The present value may also be considered as having been covered by the acquisition of the rights to use and exploit the concessionary assets, deducting the elapsed time of the concession. In no case shall it be compensated when among the reasons for the rescue is the failure to comply with the obligations or conditions laid down in the concession or authorization, including the one deriving from contributions or consideration.

If the dealer is in compliance with the amount of the compensation, the amount indicated by this concept will be final. If it is not in conformity, the amount of the compensation shall be determined by the specialised courts in matters of economic competence, broadcasting and telecommunications, at the request of the concessionaire, who shall make it within the time limit of the 15 working days from the date on which you are notified of the decision determining the amount of the compensation. If the concessionaire does not go to the specialised courts in matters of economic competence, broadcasting and telecommunications, the amount of the compensation shall be final. As far as the rescue is concerned, it will be in line with the General Law on National Goods.

Article 109. When the concessionaire cannot continue to provide services due to the rescue, and therefore the concession will be terminated, the Institute will give notice to the Federal Executive at last. (a) to exercise, where appropriate, the necessary powers to ensure continuity in the provision of the service, in which case the Federal Executive may request that one or more dealers temporarily operate the public network of telecommunications, as well as, where appropriate, the spectrum frequencies associated with it, to ensure continuity in the provision of services. To this end, the Institute and the Federal Executive shall carry out the necessary acts to safeguard the provision of services.

Chapter IV

Of Rights Injury

Article 110. Only concessions for commercial or private use, the latter for purposes of private communication, may be transferred prior to the authorization of the Institute under the terms provided for in this Law.

The Institute may authorize within a period of ninety calendar days, counted from the filing of the application, the partial or total cession of the rights and obligations established in the concessions, provided that the transferee undertakes to comply with the obligations that are pending and assumes the conditions that the Institute may establish.

The prior authorization of the transfer referred to in this Article may be requested as long as a period of three years after the granting of the concession has elapsed.

No authorisation shall be required by the Institute in cases of transfer of the concession by merger of undertakings, divisions or corporate restructures, provided that such acts are within the same group. control or economic agent.

To this effect, the operation must be notified to the Institute within thirty calendar days of its completion.

In cases where the transfer is intended to transfer the rights and obligations set out in the concessions to another concessionaire providing similar services in the same geographical area, the Institute may authorise the transfer, subject to any analysis carried out on the effects of such an act, or may have for free competition and competition on the relevant market.

If the assignment updates the obligation to notify a concentration as provided for in the Federal Economic Competition Act, the Institute shall decide within the time limit laid down for such a procedure, adding the considerations outlined in this chapter.

The jurisdictional authorities, in advance of awarding to any person the transmission of the concessionary rights, must request the opinion of the Institute regarding the fulfilment of the requirements that establishes this Law.

Concessions for public or commercial use, the holders of which are the Powers of the Union, the States, the governing bodies of the Federal District, the Municipalities and the autonomous constitutional bodies. may give in to public entities even under public-private partnership schemes, subject to the approval of the Institute.

Article 111. Under no circumstances may it be granted, taxed, made in a garment or trust, mortgaged or wholly or partially enacts the concession, the rights in it, facilities, services auxiliaries, dependencies or accessories and the goods affected by it, to no government or foreign state.

Chapter V

From The Actionary Control

Article 112. The concessionaire, where he is a moral person, shall submit to the Institute, by 30 June of each year, its shareholding or social part structure. in the case of the company, with their respective shares, together with a list of shareholders who hold five per cent or more of the company's share capital, as well as the names of the natural persons involved directly or indirectly with ten per cent or more of the company's share capital, its principal shareholders and their respective percentages of participation, to which it shall accompany the information in the format determined by the Institute.

In any event of subscription or disposal of shares or social parts in an act or succession of acts, representing ten percent or more of the amount of its share capital, and provided that the obligation to notify the operation in accordance with the Federal Economic Competition Act is not updated, the concessionaire shall be obliged to observe the following scheme:

I.                 The dealer must give notice to the Institute of the intention of those interested in the subscription or disposal of the shares or social parts, either directly or indirectly, and must accompany the notice with the detailed information of persons interested in acquiring the shares or social parts;

II.                The Institute shall have a period of ten working days from the submission of the notice to request the opinion of the Secretariat;

III.               The Secretariat shall have a period of 30 calendar days to issue an opinion, and

IV.              The Institute shall have a period of 15 working days from the date of receipt of the opinion of the Secretariat or if no opinion has been issued, as soon as the time limit referred to in the preceding section applies. object to the operation in question with justified reasons. After that period without the operation having been objected to by the Institute, it shall be authorized.

Operations that have not been objected to by the Institute shall be entered in the book of registration of shareholders or members of the moral person, without prejudice to the authorizations that are required from other authorities in accordance with applicable laws, regulations and administrative provisions.

It shall not be required to present the notice referred to in the first paragraph of this Article where the subscription or disposal relates to shares or social parts representative of investment neutral in terms of the Foreign Investment Act or in the case of capital increases that are subscribed to by the same shareholders, provided that the proportion of each of them is not modified in the share capital.

Nor will it be required to present the notice referred to in the section I of this article in the case of merger of companies, divisions or corporate restructures, provided that the changes in the ownership is within the same control group or within the same economic operator. To this end, the operation must be notified to the Institute within 30 calendar days of its completion.

If the person concerned to subscribe or acquire shares or social parts is a moral person, in the notice referred to in the section I of this article, he must present the information necessary for the Institute to know the identity of natural persons who have a property interest greater than ten per cent of the capital of that moral person.

In the event that the obligation to notify a concentration is updated as provided for in the Federal Economic Competition Act, the Institute will be processing the application in accordance with the the provisions for such a procedure in the law of the matter, in addition to the criteria laid down in this Law.

This article should be included in full and expressly in the concessionaire's social statutes, as well as in the titles or certificates issued by the dealer. For the purposes of the foregoing, the concessionaire shall have a period of ninety working days from the date of the concession, in order to present to the Institute the modifications corresponding to its social statutes.

Chapter VI

From Extension of Concessions

Article 113. The single grant may be extended by the Institute, provided that the concessionaire has requested it within the year before the beginning of the last fifth of the the term of validity of the concession, the current in compliance with the obligations laid down in the Law and other applicable provisions, as well as in its title of concession, and accepts, in advance, the new conditions which, if applicable, are established. The Institute shall resolve the conduct within one hundred and eighty working days following the filing of the application.

If the Institute does not resolve within the period referred to in the preceding paragraph, the single concession shall be deemed to be extended.

Article 114. For the granting of extensions of frequency band concessions or orbital resources, it will be necessary for the concessionaire to request it from the Institute within of the year before the beginning of the last fifth part of the term of validity of the concession, the current is found in the fulfilment of the obligations laid down in the Law and other applicable provisions, as well as in its title of concession.

The Institute shall decide within the year following the submission of the application, whether there is a public interest in recovering the radio spectrum or orbital resources, in which case notify the concessionaire of its determination and shall terminate the concession at the end of its validity.

If the Institute determines that there is no public interest in recovering the radio spectrum or orbital resources, it will grant the requested extension within the same period of time. referred to in the previous Article, provided that the concessionaire accepts, in advance, the new conditions laid down by the Institute, including the payment of a consideration.

For the granting of the extensions of the concessions referred to in this Law, the Institute shall notify the Secretariat, prior to its determination, who may issue an opinion. non-binding, within a period not longer than 30 days. After this period of time without the opinion being issued, the Institute will continue the corresponding procedure.

Chapter VII

From the Termination of Concessions and the Requisa

Article 115. Concessions terminate by:

I.                 Expiration of the period of the concession, except extension of the concession;

II.                Renunciation of the concessionaire;

III.               Revocation;

IV.              Rescue, or

V.               Dissolution or bankruptcy of the dealership.

The termination of the concession does not extinguish the obligations incurred by the concessionaire during its lifetime.

Article 116. At the end of the concession shall revert to the Nation the frequency bands or orbital resources that have been affected to the services provided for in the concession.

The Federal Government shall have the right to acquire the facilities, equipment and other goods used directly in the provision of the services subject to the concession, prior to payment of its value fixed by INDAABIN, in accordance with the procedure laid down in Article 108 of this Law.

Article 117. In the event of a natural disaster, war, serious disturbance of public order, or where there is an imminent danger to national security, the internal peace of the country, national economy or to ensure continuity in the provision of public services to which this Law refers, the Federal Executive, through the Secretariat, will be able to make the request of the general channels of communication, as well as the movable and immovable property and rights necessary to operate such tracks and dispose of of all of this as you see fit.

The Institute shall provide the Federal Executive with the technical support required.

The Federal Executive will also be able to use the personnel who are at the service of the route requisitioned when deemed necessary. The requisition will be maintained while the conditions that prompted it remain.

For the use of the tracks, goods and rights that are the object of the requisition, an administrator will be appointed, who will have extensive powers to comply with the purposes of the requisition.

The Federal Executive, except in the case of war, will indemnify the interested parties by paying the damages caused by the requisition. If there is no agreement on the amount of the compensation, the damages shall be fixed by experts appointed by both parties and in the case of damages, the average of the net income in the year preceding the requisition shall be taken as the basis. Each of the parties shall cover half of the costs arising from the assessment. Workers ' rights shall be respected in accordance with the law of the matter.

TITLE FIFTH

of Telecommunications Networks and Services

Chapter I

From the Installation and Operation of Telecom Public Networks

Article 118. Dealers that operate public telecommunications networks must:

I.                 Interconnect directly or indirectly their networks with those of the concessionaires who request it, by means of transit services that provides a third network and refrain from performing acts that are delayed, hindered or that imply that they are not performed efficiently;

II.                Refrain from disrupting traffic between dealers who have interconnected public telecommunications networks, without the prior authorisation of the Institute;

III.               Refrain from making modifications to its network which affect the operation of the equipment of the users or networks with which it is interconnected, without having notified the parties which may be affected and without the prior approval of the Institute;

IV.              Offer and enable the effective portability of numbers in the terms set forth in this Law and by the Institute;

V.               Refrain from performing long-distance national charges to your users for calls to any national destination. Intelligent network services may be continued in their reverse charge modalities and other special services;

VI.              Provide non-discriminatory services to the public, in accordance with what is established by the concession titles;

VII.             To provide on tariff and quality bases the telecommunications services contracted by the users and other conditions established in terms of this Law and the Federal Law on Consumer Protection;

VIII.            Where there is no other concessionaire providing similar services in a given locality, the concessionaire who provides the service in that locality, in accordance with the conditions laid down by its respective grant, may not fail to provide the provision of services, except as a cause of force majeure or which has the express permission of the Institute, and

IX.              Refrain from establishing any contractual or other barriers that prevent other dealers from installing or accessing telecommunications infrastructure in buildings, shopping centres, fractionations, hotels or any other building for shared use.

Article 119. Dealers who have public telecommunications networks that provide mobile services shall freely enter into agreements concerning the visiting user service in which establish the terms and conditions under which the connection between their platforms will be made to originate or receive voice and data communications. The conclusion of such agreements shall be binding on the dominant economic operator in the telecommunications sector or on economic operators with substantial power, who may be required to sign the agreement. (a) within 60 calendar days of the date of the application by the dealer concerned.

The economic agent preponderant or with substantial power, will be obliged to provide the visitor service temporarily and exclusively in those areas in which the concessionaire concerned does not have infrastructure or do not provide the mobile service.

In the event of disagreement, the Institute will resolve the unagreed terms that arise from the visitor service, seeking, at all times, the efficient development of telecommunications. As regards the time limit, the Institute shall establish the time during which it shall be subject to the obligation to provide the visiting user service, so that within that period the concessionaires which do not have infrastructure shall be subject to the obligation to provide the service. same.

Article 120. The Institute shall regulate the terms, conditions and rates of the visitor services to be provided by the leading economic operator in the telecommunications sector or economic operators with substantial power, to the other public telecommunications network dealers. To this end, the Institute will determine the rates based on a cost model that will facilitate effective competition and consider the best international practices and the participation of the dealers in the market. Such charges may in no case be higher than the lower rate which the agent registers, offers, applies or copper to any of its customers in order to promote effective competition in the telecommunications sector. The preponderant economic operator or economic operators with substantial power shall not be able to discriminate in the provision of this service and the quality of the service shall be equal to that received by its customers.

Fixed telecommunications public network dealers who enter into marketing agreements in terms of the provisions of Article 270 of this Law with a different mobile dealer than the one who refers to the preceding paragraph, may request directly in the terms provided for in that paragraph, the visiting user service in order to supplement the services to be marketed. The Institute shall establish mechanisms for the efficient operation of such services.

Article 121. The Institute shall resolve any disagreement arising from the provisions of the foregoing Article within thirty working days and shall be applicable, as appropriate, in the the dispute settlement procedure referred to in this Law.

Article 122. Information transmitted through telecommunications networks and services shall be confidential, except for such information that is by its nature public or when it is ordered to competent judicial authority.

Chapter II

From Numbering, Routing, and Denomination in Telecom Services

Article 123. For publicly available telecommunications services, the rights of use of the public numbering, routing and naming resources that are needed for the public will be granted. allow their effective delivery, taking this into account in the relevant national plans.

The procedures for granting these rights will be defined by the Institute and will be open, pro-competitive, objective, non-discriminatory and transparent.

Chapter III

Access and Interconnection

Article 124. Dealers operating public telecommunications networks must adopt open network architecture designs to ensure interconnection and interoperability of their networks.

To this end, the Institute will develop, update and manage the fundamental technical plans for numbering, switching, signalling, transmission, appraisal, synchronization and interconnection, inter alia, to which the concessionaires operating public telecommunications networks must be subject. Such plans shall consider the interests of the users and the dealers, taking precedence over the interests of the former and may take into account international recommendations and best practices, having the following objectives:

I.                 Promote a broad development of new dealerships, technologies, infrastructures and telecommunications services, through deployment and investment in telecommunications networks and the promotion of innovation;

II.                Give non-discriminatory treatment to dealers except for the asymmetric or specific measures provided by this Law;

III.               Ensure the effective interconnection and interoperability of public telecommunications networks;

IV.              Promote more efficient use of resources;

V.               Encourage conditions of effective competition;

VI.              Define the minimum technical conditions necessary for the interoperability and interconnection of public telecommunications networks to be efficiently implemented, complying with the quality standards to be determined by the Institute;

VII.             Establish flexible mechanisms to enable and encourage the use of new technologies in telecommunications networks, for the benefit of users;

VIII.            Adopt measures to ensure technological neutrality;

IX.              Set conditions for compliance with the obligations arising out of this Act, and

X.               Allow each dealer to identify the interconnection points and terminal connection points of the public telecommunications networks, in order to make them known to dealers and the Institute.

Prior to the adoption of a technology or a change of design in its network, the economic agent preponderant or with substantial power, must communicate it to the Institute in order to authorize the technology or the change proposed, after consulting the other dealers.

Article 125. Dealerships operating public telecommunications networks will be required to interconnect their networks with those of other licensees on non-discriminatory terms, transparent and based on objective criteria and in strict compliance with the plans referred to in the previous article, except as provided for in this Law on Tariffs.

The interconnection of public telecommunications networks, their tariffs, terms and conditions are of public order and social interest.

The terms and conditions for interconnection which a concessionaire offers to another on the occasion of an agreement or a decision of the Institute shall be granted to any other who so requests, from the date of the request.

Article 126. With the exception of the fees referred to in Article 131 of this Law, the telecommunications public network dealers will agree to the conditions under which they will be taken to (a) the interconnection of the same, in accordance with the laws, regulations and regulations laid down in the fundamental technical plans and other applicable rules and methodologies which, where appropriate, the Institute may issue.

Article 127. For the purposes of this Act, inter-connection services shall be considered, inter alia, the following:

I.                 Traffic Driving, which includes its origination and termination, as well as short message calls and services;

II.                Transmission links;

III.               Access ports;

IV.              Signaling;

V.               Transit;

VI.              Colocation;

VII.             Infrastructure Sharing;

VIII.            Related auxiliaries, and

IX.              Billing and Cobranting.

Article 128. Interconnection agreements shall be registered with the Institute in the Public Registry of Telecommunications within thirty working days following their conclusion.

Article 129. Dealers operating public telecommunications networks must interconnect their networks, and to that end, they shall enter into an agreement within a period not exceeding sixty calendar days. counted from any of them asking for it. To this end, the Institute shall establish an electronic system through which the dealers interested in interconnecting their networks shall deal with each other the requests for subscription of the respective conventions.

After that period without the agreement having been concluded, the interested party must ask the Institute to resolve the conditions, terms and rates which it has not been able to agree with the other part, according to the following procedure:

I.                 Any party shall ask the Institute for the resolution of the interconnection disagreement within the forty-five working days from the working day following the end of the period specified in the the first paragraph of this article;

II.                Within the following five working days, the Institute shall decide on the provenance and admission of the application, if deemed necessary, may require the applicant;

III.               Admitted to the application, the Institute shall notify the other party to the effect that it shall state what it deems appropriate and provide the evidence it deems relevant within a period of five working days from the day of the day of the day of the following working party to which he has been notified of the disagreement;

IV.              The time limit referred to in the previous section, the Institute with or without manifestations, shall be concluded, shall agree on the admission of the evidence which has been offered and shall order its discharge within 15 working days;

V.               The Institute shall provide a period of two working days for the parties to make their pleadings;

VI.              Once the probative period has been removed and until before the deadline for resolution, if the parties submit a convention and ratify it before the Institute, the procedure shall be terminated;

VII.             The time limit for making pleadings, the Institute with or without pleadings, shall be completed within a period not exceeding thirty working days;

VIII.            Issued the resolution, the Institute shall notify the parties within ten working days of the following, and

IX.              The resolution issued by the Institute shall be entered in the Public Telecommunications Registry within 10 working days of its notification and the effective interconnection between networks and the exchange of traffic shall be start at the latest within 30 calendar days from the day following the notification of the decision or, where appropriate, the conclusion of the respective agreement.

The application for a resolution on interconnection conditions, terms and charges which have not been agreed may be requested from the Institute before the end of the period referred to in the paragraph first of this article if requested by both parties.

In the case of dealers whose public telecommunications networks are interconnected and in order to terminate the validity of their agreements, they can agree to new conditions of The parties shall submit to the Institute their request for a resolution on the disagreement of interconnection by 15 July of each year, in order to resolve, in accordance with the procedure laid down in the The administrative provisions of this Article shall be without prejudice to between dealers, including tariffs, before December 15 for new interconnection conditions to begin on January 1 of the following year.

The Institute shall encourage the prompt and effective interconnection between public telecommunications networks and the corresponding administrative procedures must be transparent, prompt, expeditious and avoid procedural action which has the effect of delaying the effective interconnection between public telecommunications networks or the unagreed conditions for the provision of public services telecommunications.

Article 130. In the event that there is a refusal of any public telecommunications network operator to conduct interconnection negotiations of its network with another concessionaire, the Institute will determine the form, terms and conditions under the which shall be carried out without prejudice to the penalties provided for in this Law. This shall take place where the concessionaire to whom the interconnection has been requested, in accordance with Article 129, does not carry out any action to do so and a period of 30 working days has elapsed. on the basis of the relevant application or when it manifests its refusal without justified cause for judgment of the Institute.

Article 131. Where the Institute considers that there are conditions of effective competition in the telecommunications sector, it shall determine the criteria under which public telecommunications, fixed and mobile network operators, (a) shall be required to enter into a period of up to one year after the end of the

.

During the time when there is a preponderant economic agent in the telecommunications sector or an economic operator directly or indirectly counting on a national participation greater than 50% in the telecommunications sector, measured this percentage either by the number of users, subscribers, by the traffic in their networks or by the capacity used according to the data with which the Institute, fixed and mobile traffic termination rates, including calls and messages short, they will be asymmetric according to the following:

(a) The agents referred to in the preceding paragraph shall not charge the other dealers for the traffic which terminate on your network, and

b) For traffic that ends up in the network of the other dealerships, the interconnection fee will be negotiated freely.

The Institute will resolve any dispute regarding the rates, terms and/or conditions of the the interconnection referred to in point (b) of this Article, based on the cost methodology to be determined, taking into account the natural asymmetries of the networks to be interconnected, the market share or any other factor, the rates, terms and/or conditions accordingly.

The fees determined by the Institute on the basis of such methodology shall be transparent, reasonable and, where appropriate, asymmetrical, considering market share, network congestion schedules, traffic volume or other times as determined by the Institute.

The rates must be sufficiently disaggregated to allow the dealer to interconnect You do not need to pay for components or network resources that are not required for the service to be provisioned.

The Institute, prior to determining that a preponderant economic agent no longer has such a character or ceased to have the participation referred to in the second paragraph of this Article shall determine whether such agent has substantial power in the relevant market for the termination of calls and short messages. If the staff member has substantial power in the relevant market, the Institute shall decide whether it is continuing in the asymmetric regime set out in subparagraph (a) of the second paragraph of this Article or, if it fixes an asymmetric tariff as the methodology provided for in the second, third and fourth subparagraphs of point (b) of this Article.

Article 132. In the interconnection conventions the parties must set, at least:

I.                 The interconnection points of your network;

II.                The mechanisms that allow the separate or individual use of services, capacity, functions and infrastructure of their networks in a non-discriminatory manner in the terms established by this Law;

III.               The obligation to refrain from granting volume discounts on interconnection fees;

IV.              The obligation to act on the basis of reciprocity between dealers providing services, capacities and similar functions to each other, without prejudice to the provisions of this Law or to the Institute, and to refrain from demanding conditions that are not indispensable for the pipeline;

V.               The commitment to carry out the interconnection at any switching point or other in that it is technically feasible;

VI.              That the equipment necessary for the interconnection can be provided by any of the dealers and located or colocated in the premises of any of them;

VII.             The mechanisms to ensure that adequate capacity and quality are in place to cure the traffic demanded between the two networks, without discriminating against the type of traffic, nor to degrade the capacity or quality of the services to which the users;

VIII.            The obligation to deliver traffic to the dealer selected by the subscriber at the nearest point where it is technically efficient;

IX.              Set a procedure to address pipeline requests under the first input, first output criterion;

X.               The mechanisms and conditions for carrying out, if requested, the tasks of measuring and assessing the services provided to their own users by other dealers, as well as providing the necessary and accurate information for the respective billing and collection;

XI.              The conditions under which capacity marketing will take place in the interconnection services;

XII.             The maximum deadlines for delivering interconnection links by each of the dealerships;

XIII.            The procedures that will be followed for fault care in the pipeline, as well as the respective maintenance programs;

XIV.           The interconnection services object of agreement;

XV.            The economic consideration and, where appropriate, the corresponding compensation mechanisms;

XVI.           Conventional penalties, and

XVII.          The others who are obliged to agree on the basic technical plans.

Article 133. The provision of all the interconnection services referred to in Article 127 shall be compulsory for the economic operator preponderant or with substantial power, and those specified in the Fractions I to IV of that Article shall be compulsory for all other dealers.

In the case of the interconnection agreements to be signed by the economic operators concerned, they shall contain the provisions of Article 132 and other provisions and resolutions applicable to such agreements. agents.

Article 134. The Institute and the Secretariat will promote agreements with the foreign authorities, with the aim that there is reciprocity in the conditions of access of the national dealers interested in offering services abroad and greater competition.

Article 135. You may only install telecommunications equipment and transmission means that cross the country's borders, dealers that operate public telecommunications networks, or persons expressly authorised by the Institute, without prejudice to the other applicable provisions.

The exchange of public telecommunications network traffic with foreign networks will be carried out by means of agreements negotiated by interested parties.

The dealers will have to present to the Institute, prior to their formalization, the traffic exchange agreements that are intended to be celebrated. The Institute may lay down the arrangements to be made for the agreements, in order to incorporate conditions of proportionality and reciprocity in respect of the services covered by the exchange.

When it is necessary to conclude agreements with some foreign government for national networks to exchange traffic with foreign networks, the concessionaires will ask the Secretariat for their intervention. to conclude the respective conventions in coordination with the Institute.

Article 136. The Institute will establish and guarantee, through the publication of standards, the measures that are conducive and economically competitive, so that users of all public networks telecommunications can gain access to billing, information, directory, emergency, reverse charge, and operator services, among others.

Article 137. The Institute will publish in the Official Journal of the Federation, in the last quarter of the year, the minimum technical conditions and the rates that have resulted from the cost methodologies. issued by the Institute, which shall be in force in the following immediate calendar year.

Article 138. The preponderant economic agent in the telecommunications sector or with substantial power will be subject to the following specific obligations:

I.                 Register with the Institute a list of disaggregated interconnection services, previously authorised by it, to provide the necessary information to other dealers on the technical and functional specifications of the interconnection points, which shall be updated at least once a year;

II.                Publish annually in the Official Journal of the Federation a public supply of interconnection containing, at least, the characteristics and conditions referred to in Article 267 of this Law, detailed and broken down in its technical, economic and legal aspects to be offered to dealers interested in connecting to their network, which must be subject to the approval of the Institute in the first quarter of each calendar year;

III.               Present to the Institute, at least once a year, the separate and cost accounting of the interconnection services in the form and based on the methodologies and criteria that the Institute has determined;

IV.              Do not carry out practices that prevent or limit the efficient use of the infrastructure dedicated to the pipeline;

V.               Celebrate agreements for co-location and infrastructure sharing site sharing;

VI.              Allow sharing of the path rights;

VII.             Address requests for interconnection services at the same time and form in which they meet their own needs and those of their subsidiaries, subsidiaries, affiliates or companies of the same economic interest group;

VIII.            To have a physical presence in the points of exchange of Internet traffic on the national territory, as well as to conclude the agreements that allow the Internet service providers the internal exchange of traffic in a way more efficient and less expensive in terms of the Institute's available terms, and

IX.              Other as determined by the Institute.

Chapter IV

From the Infrastructure Sharing

Article 139. The Institute will encourage the conclusion of agreements between dealers for co-location and shared infrastructure use.

Co-location and sharing will be established by agreements between the dealers concerned. In the absence of agreement between the dealers, where it is essential for the provision of the service and there are no substitutes, the Institute may establish the conditions of use, the sharing of the physical space, as well as the corresponding fee, as long as there is capacity for that share.

Disagreements will be resolved by the Institute, following the procedure established in this Law for the resolution of interconnection disagreements, except as provided for in the resolution deadline, which will be of up to thirty working days.

Co-location and shared-use agreements to be concluded by dealers will be recorded in the Public Telecommunications Registry provided for in this Law.

Where access to a public resource such as the right of way and the like is limited by grounds of public interest or by legal or regulatory provision, the Institute shall encourage the agreements between dealerships for location and infrastructure sharing.

The Institute may at any time verify the conditions of the sharing agreements in order to assess its impact on effective competition in the sector concerned and may establish measures to ensure that the sharing is carried out and granted access to any concessionaire under non-discriminatory conditions, as well as those that are required to prevent or remedy effects contrary to the competition process.

Chapter V

From Public Telecommunications Public Networks

Article 140. When the Institute grants concessions for commercial use to public entities, even if they are under a public-private partnership scheme, they will have a shared wholesale network of telecommunications services, in the terms laid out by this Act.

In no case can these networks offer services to end users.

Where there is no dealer or authorised person providing services to end users in a given geographical area and there is coverage and infrastructure of the wholesale networks referred to in the Articles Tenth Fifth and Tenth of the Decree, the Federal Executive will guarantee, through the decentralized agency called Telecommunications of Mexico, of marketing or concessionaires, the provision of services to the users located in the (a) to the extent to which there is another offer for users.

Article 141. Dealers with public participation shall be subject to principles of competition neutrality when their purposes are commercial. In any event, they shall be kept separate from their activities in the provision of telecommunications or broadcasting services. Concessions on a wholesale shared network will be subject to this Law and the Federal Economic Competition Act.

Article 142. The Institute will directly assign 90 MHz of the 700 MHz band for the operation and operation of a wholesale shared network, through commercial use, terms set forth in this Act.

Article 143. The title of the concession of a wholesale shared network shall include, in addition to the provisions of the chapter corresponding to concessions for commercial use, coverage obligations, quality and price and those determined by the Institute.

Article 144. The wholesale shared networks will operate under the principles of sharing all their infrastructure and disaggregated sales of all their services and capabilities. Such networks shall exclusively provide services to the dealers and dealers under conditions of non-discrimination and at competitive prices.

Dealers who wish to make available to other dealers the acquired capacity of the shared network will only be able to do so if they offer the same conditions in which they acquired such capacity from the shared network, without understanding that the economic consideration is included in those conditions.

Dealers who operate wholesale shared networks may only offer access to capacity, infrastructure or services to the preponderant economic operator in the telecommunications sector or declared with substantial power, subject to the authorization of the Institute, which shall fix the relevant terms and conditions.

Chapter VI

Network Neutrality

Article 145. The dealers and authorized persons who provide the Internet access service shall be subject to the general guidelines that the Institute will issue in accordance with the next:

I.                 Free choice. Users of Internet access services may access any content, application or service offered by dealers or by those authorised to place on the market, within the applicable legal framework, without limiting, degrading, restricting or Discriminate against access to them.

You may not limit the right of Internet access service users to incorporate or use any class of instruments, devices or apparatus that connect to your network, provided that they are approved;

II.                Non-discrimination. Dealers and those authorized to market the Internet access service shall refrain from obstructing, interfering, inspecting, filtering or discriminating content, applications or services;

III.               Privacy. You must preserve user privacy and network security;

IV.              Transparency and information. The information regarding the characteristics of the service offered, including the traffic management policies and network administration authorized by the company, should be published on its website. Institute, speed, quality, nature and warranty of service;

V.               Traffic management. The dealers and authorized persons may take the necessary measures or actions for the management of traffic and network administration according to the policies authorized by the Institute, in order to guarantee the quality or the speed of service contracted by the user, provided that this does not constitute a practice contrary to healthy competition and free competition;

VI.              Quality. They must preserve the minimum levels of quality that will be established in the respective guidelines, and

VII.             Sustained development of the infrastructure. Under the respective guidelines, the Institute shall encourage sustained growth of the telecommunications infrastructure.

Article 146. Dealers and authorized users must provide the Internet access service respecting the user's contracted capacity, speed and quality, regardless of the content, origin, destination, terminal or application, as well as the services provided through the Internet, in compliance with the above mentioned article.

Chapter VII

of the Use of State Goods for the Deployment of Telecommunications Infrastructure

Article 147. The Federal Executive, through INDAABIN, will establish the technical, economic, security and operational conditions that enable the buildings of the Federal Public Administration; the rights of way of the general communication routes; the infrastructure associated with broadcasting stations, electricity and radio transmission towers; the subsequent ones in which they are fitted with electrical distribution cables; as well as poles and ducts, among others, are available for use and take advantage of all the dealers on non-discriminatory bases and under consideration to establish the competent authorities in each case.

Administrative agencies and entities shall ensure that the goods referred to in this Article, when the technical, security and operational conditions permit, are intended to promote the development and competition in the field of telecommunications and broadcasting, in accordance with the objectives of this Law.

The Federal Executive, through the Secretariat, will issue recommendations to the state governments, the Federal District Government and municipal governments, for the development of infrastructure, public works, territorial development and real estate, which encourage competition, free competition and coverage of the telecommunications service. In particular, the Federal Executive will actively promote, within its legal powers, the use of the goods referred to in this chapter for the deployment of telecommunications networks.

For the purposes of the foregoing paragraph, the Secretariat shall coordinate with the offices or administrative entities of buildings, the INDAABIN, the Secretariat of Finance and Public Credit, the Secretary of Energy, the Secretariat of Environment and Natural Resources, the Secretariat of Agrarian, Territorial and Urban Development, in order to establish the bases and guidelines for implementing the real estate policy that allows for the deployment of telecommunications infrastructure.

No public telecommunications network operator may contract the use or use of such goods with exclusive rights.

Article 148. To resolve the provenance of granting the use or use of the Federal Public Administration buildings referred to in the previous article, the dependencies or entities, In addition to the provisions contained in the General Law on National Goods and other applicable laws, they shall verify that those interested in obtaining the use and use comply with the applicable technical specifications. If required, they may request support from the Secretariat.

Article 149. In order to promote the sharing of infrastructure and the use of state assets, any concessionaire may install infrastructure in State goods for deploying public telecommunications and broadcasting networks.

Chapter VIII

From Satellite Communication

Article 150. The Secretariat in coordination with the agencies and entities, will define the satellite capacity that, if any, is required of the concessionaires of orbital and authorized resources. to exploit the rights of the issuing and receiving of signals from foreign satellites to provide services in the national territory, as a State reserve for national security networks, social services and other needs of the government.

The Institute will ensure that dealers and authorised dealers provide sufficient and adequate satellite capacity for national security networks, social services and other services. government needs referred to in the preceding paragraph. The capacity reserve referred to above may be fulfilled in numbers or in kind for the Secretariat. The economic resources to be obtained in the event that the obligation is fulfilled in number, shall be transferred to the Secretariat for the acquisition of the corresponding satellite capacity.

Article 151. Orbital resource dealers shall perform in time and form all the necessary prior acts to ensure the operation of the services on the terms established in the concession.

Article 152. Orbital resource dealers that have coverage over the country must establish at least one control and operation center of the respective satellites in the territory. national.

Institute may authorize the temporary use of a control and operation center located abroad, in case of fortuitous or force majeure established in the country, in case of fortuitous or force majeure. Subsidise the cause.

Article 153. Authorised to exploit the rights of issuance and receipt of signals from foreign satellites providing services in the national territory, shall comply with the provisions to establish the Institute for this purpose.

Article 154. Dealerships of orbital resources operating in geostationary orbital positions shall require the Institute's authorization to operate in an inclined orbit or under conditions specific, when for reasons of service so require.

Orbital resource dealers shall inform the Institute of any event that affects or may affect the provision or continuity of the service.

The Institute will set the maximum deadlines within which the orbital resource dealers will have to occupy the orbital position and resume the delivery of the services. To set the deadline, the Institute shall be subject to the applicable international deadlines and regulations, and must ensure the preservation of the orbital resources in favor of the Mexican State.

In case of satellite deorbiting, prior authorization from the Institute must be requested.

The Institute shall resolve the conduct within thirty working days from the filing of the respective application.

Chapter IX

Specific Provisions for Restricted Broadcasting, Television and Audio Service

Section I

From Installation and Operation

Article 155. The radio stations and their complementary equipment shall be constructed, installed and operated subject to the technical requirements set by the Institute in accordance with the provisions of the this Law, international treaties, Mexican official standards, technical standards, generally accepted engineering standards and other applicable provisions. Modifications to the technical characteristics shall be subject to the approval of the Institute.

For installation, increase of height or change of location of towers or installations of the radiator system or any changes affecting the conditions of propagation or interference, the concessionaire shall submit a request to the Institute accompanied by the favourable opinion of the aviation authority.

Article 156. The Institute will point out a period of not more than one hundred and eighty days, for the start of the delivery of the services of a broadcaster as well as for the changes of location of the transmitting plant of the same, taking into account the calculations presented by the concessionaire, in accordance with the approved plans.

In the case of modifications of other technical parameters of operation of the station, the Institute shall set deadlines not greater than ninety calendar days, except that the concessionaire present information with which to support the need for a longer period for the performance of such work.

In any of the cases referred to in this Article, the time limits may be extended only for the sole time and up to the same time as the original time limits. granted.

Article 157. The concessionaire providing broadcasting services has an obligation to ensure the continuity of the public service broadcasting, so it will not be able to suspend their transmissions, except for fortuitous occurrence or cause of force majeure. The dealer must justify to the Institute the cause.

In case of suspension of service, the concessionaire must inform the Institute:

I.                 The cause that originated it;

II.                The use, if any, of an emergency team, and

III.               The expected date for service normalization.

The concessionaire shall submit to the Institute the information referred to in the previous fractions, within three working days, from which they are updated.

In case of maintenance or replacement of the facilities and equipment forming the radio station, the concessionaires must give notice to the Institute of the temporary suspension of the service of broadcasting. Such notice shall be submitted at least 15 working days prior to the date on which it intends to suspend the service, stating the timetable in which it shall carry out the service, the specific causes for this, and the time when the suspension will remain. In the event of no objection by the Institute within five working days of the time limit referred to above, the concessionaire may carry out the maintenance or replacement in question.

The persistence of the suspension of the service beyond the authorised time limits may give rise to the corresponding penalties and, where appropriate, to the revocation of the concession.

Section II

Multiprogramming

Article 158. The Institute shall grant authorizations for access to multiprogramming to dealers who request it, in accordance with the principles of competence and quality, guaranteeing the right to information and taking particular care of the national and regional frequency concentration, including where appropriate the payment of the consideration due under the following criteria:

I. Dealers will request the number of multi-programming channels they want to transmit and the technical quality they propose for such transmission;

II. Dealing with dealers who belong to an economic agent declared as preponderant or with substantial power, the Institute shall not authorise the transmission of a number of channels of more than 50% of the total of open television channels, including multi-programming channels, authorised to other dealers who are radiodysat in the coverage region;

III. The Institute will issue guidelines for the application of this article, as well as for the payment of consideration as appropriate;

IV.              When the Institute carries out the granting of new concessions, it shall in any case consider the subject matter of the authorization to transmit multiprogramming in terms of this Article, and

V. In no case will dealers be allowed to use the radio spectrum for provide restricted television or audio services.

Article 159. Dealerships providing the television or restricted audio service shall be required to retransmit the multi-programmed radio signal free of charge to has a larger audience. In the event of a dispute, the Institute shall determine the broadcast signal to be transmitted. Satellite-restricted television operators shall only compulsorily retransmit the multi-programmed radio broadcast signals of 50% or more of the national territory of the largest audience.

The above, without prejudice to the fact that the restricted television dealership can relay the other multi-programmed radio signals, in terms of section I of the article Eighth Transitional of the Decree.

The concessionaire and independent domestic or foreign producers may enter into contracts freely for access to the multi-programmed channels under market conditions.

Access to the capacity of multi-programmed channels shall be made on a level and non-discriminatory basis, in accordance with the guidelines issued by the Institute.

Article 160. For each channel under the multiprogramming scheme, the licensees must point out in the request the following:

I.                 The transmission channel to be used;

II.                The identity of the programming channel;

III.               The number of hours of programming it transmits with innovative technology, in accordance with the provisions of the Institute;

IV.              The date you intend to start transmissions;

V.               In the case of television, video quality and video compression standard used for transmissions, and

VI.              If this is a programming channel whose content is the same as some radio broadcast in the same coverage zone but offered with a delay in transmissions.

Article 161. In the case of television channels they must comply with the following, in terms of the Institute:

I.                 Count with electronic programming guide, in accordance with applicable provisions, and

II.                To have services of subtitle or dubbing to Spanish and Mexican sign language for accessibility to people with hearing weakness. These services should be available in at least one of the highest-rated news programs nationally.

Article 162. The Institute shall resolve the request for access to multiprogramming within a maximum period of sixty working days from the day following that in which it is present the application. Where the Institute does not issue the corresponding response within the time limit, the application shall be deemed to be negative.

Article 163. The dealership will be responsible for the technical operation of the station, but not for the content delivered to it by independent programmers or producers who will be responsible for it.

Section III

From Retransmission

Article 164. Dealers providing broadcast television services are required to allow restricted television dealers to retransmit their television services. signal, free of charge and non-discriminatory, within the same geographical coverage area, in full, simultaneous and unmodified form, including advertising and with the same quality of the signal being broadcast.

Dealers who provide restricted television services are obliged to retransmit the radio broadcast signal, free of charge and non-discriminatory, within the the same geographical coverage area, in full, simultaneous and unmodified form, including advertising and with the same quality of the signal being broadcast, and including it at no additional cost in the services contracted by the subscribers and users.

Article 165. The satellite-restricted television dealerships shall only compulsorily retransmit the radio broadcast signals of 50% or more. more of the national territory. All restricted television dealerships must broadcast the radio signals broadcast by federal public institutions.

Article 166. The telecommunications or radio broadcast licensees that have been declared with substantial power in any of the telecommunications or telecommunications markets. broadcast or as preponderant economic agents in the terms of the Decree, they will not be entitled to the rule of gratuitousness of the broadcasting content or the free retransmission; which in no case will be reflected as additional cost in services contracted by subscribers and users.

Article 167. The dealers referred to in the previous article must agree on the conditions and prices of the broadcast content or the retransmission. In the event of a dispute, the Institute shall determine the tariff under the principles of free competition and competition.

Article 168. The Institute shall sanction the revocation of the concession to the economic agents preponderant or with substantial power that directly or indirectly benefit from the free of charge, through other concessionaires, without prejudice to the payment of the corresponding consideration. The concession to the latter shall also be revoked.

Article 169. The obligations to offer and to retransmit the radio-broadcast content free of charge will lose their validity at the same time when conditions of competition exist in the markets for broadcasting and telecommunications. This statement will be made by the Institute in the terms of this Act and the Federal Economic Competition Act. In this case, the dealers will be free to agree on the prices and conditions of the retransmission of radio broadcast content. In the event of a dispute, the Institute will determine the fee to be cost-oriented.

TITLE SIXTH

Single Chapter

From Authorizations

Article 170. The Institute's authorization is required for:

I.                 Establish and operate or operate a telecommunications service marketer without having the character of a dealership;

II.                Install, operate or operate ground stations to transmit satellite signals;

III.               Install telecommunications equipment and transmission facilities that cross the country's borders;

IV.              Exploit the emission and reception rights of signals and frequency bands associated with foreign satellite systems that cover and can provide services on the national territory; and

V.               Temporarily use spectrum bands for diplomatic visits.

The Institute may exempt from such authorization those earth-transmitting stations which, by complying with the established rules, do not cause harmful interference in others. telecommunications systems.

The authorizations granted by the Institute will be valid for up to ten years, which can be extended to the same time, provided that the authorization is requested within the year preceding the year. start of the last fifth part of the authorization, be in compliance with obligations and accept the conditions established by the Institute.

Article 171. The Institute will establish general rules that establish the requirements and deadlines for requesting the authorizations referred to in the previous article.

Article 172. No authorization will be required from the Institute for the installation and operation of receiving earth stations.

Article 173. Telecom service marketers will be able to:

I.                 Access the wholesale services offered by the dealers;

II.                Market own services or resell the services and capacity that they have previously engaged with some concessionaire operating public telecommunications networks; and

III.               Have your own numbering or acquire it through your hiring with telecom public network dealerships.

Article 174. Telecom service marketers must:

I.                 Allow numeric portability, and

II.                To be liable to the end user for the provision of the services they offer and to comply with the obligations set out in this Law and other applicable, concerning the rights of the users.

The economic operator who has been declared a preponderant in the telecommunications sector or the dealers who are part of the economic group to which the declared economic operator belongs preponderant, they will not be able to participate directly or indirectly in any company marketing services.

Article 175. Applications for authorization shall be resolved by the Institute within a period of not more than thirty working days after its submission, after that period has not been resolved. They shall be deemed to have been granted, and the Institute shall issue the appropriate authorization within 30 working days.

TITLE SEVENTH

From The Public Telecommunications Registry

Article 176. The Institute will carry the Public Telecommunications Registry, which will be made up of the Public Registry of Concessions and the National Infrastructure Information System. compliance with the provisions of this Law and the applicable provisions to be issued.

Chapter I

The Public Concessions Registry

Article 177. The Institute will be in charge of creating, bringing and keeping up to date the Public Registry of Concessions in which they will be entered:

I.                 The grant titles and authorizations granted, as well as their modifications or termination thereof;

II.                The Updated Frequency Attribution National Chart;

III.               The associated services;

IV.              The levies imposed on the concessions;

V.               The concessions of rights and obligations of concessions;

VI.              The frequency bands granted in the different areas of the country, as well as those that have been the subject of lease or change;

VII.             The interconnection conventions, the infrastructure sharing and unbundling agreements of the local network that are performed by the dealerships;

VIII.            The public offerings made by the dealers declared as preponderant economic agents in the telecommunications and broadcasting sectors or with substantial power;

IX.              The rates to the public of the telecommunications services offered by the dealers and the authorized, including discounts and bonuses, as well as those made available to this Law or the Institute's determination, require enrollment;

X.               The concession contracts of the concessionaires;

XI.              The shareholding structure of the concessionaires, as well as changes in ownership control, ownership or operation of companies related to telecommunications and broadcasting concessions;

XII.             The criteria adopted by the Institute's plenary session;

XIII.            The annual work programmes, the Institute's quarterly activity reports, as well as the studies and consultations it generates;

XIV.           The statistics and indicators generated and updated by the National Institute of Statistics and Geography, in the field of telecommunications and broadcasting, in accordance with the measurement methodology recognised or recommended by the Union International Telecommunications.

For these purposes the Institute will participate in the National Advisory Council of the National Information System Statistics and Geography; will advise and ask the Council for the generation of indicators in the field of telecommunications and broadcasting; and will provide the information on its administrative registers for the creation and updating of respective indicators;

XV.            The guidelines, models and resolutions on interconnection, as well as the fundamental technical plans issued by the Institute;

XVI.           The specific measures and obligations imposed on the dealers or dealers to be determined as economic agents with substantial or preponderant power, and the results of the Institute's supervisory actions in respect of its compliance;

XVII.          The results of the Institute's supervisory actions, with respect to compliance with the obligations of the concessionaires;

XVIII.         The statistics of the participation of the dealers, authorized persons and economic interest group in each market determined by the Institute;

XIX.           The initiated sanctioning procedures and the sanctions imposed by the Institute that have remained firm;

XX.            The sanctions imposed by the Secretariat, the Federal Telecommunications Commission and the Federal Competition Commission, prior to the entry into force of the Decree, which would have remained firm;

XXI.           The sanctions imposed by the PROFECO that would have remained firm, and

XXII.          Any other document that the plenary determines to be registered.

Article 178. The Institute shall enter the information referred to in this Law at no cost to the dealers or authorized persons; and shall give access to the information registered in the Public Registry of Concessions, through its publication on the Internet page, without the need for access key or password and will have a search system that facilitates navigation and information consultation.

The information contained in the Public Registry of Concessions is a public consultation, except for those that are considered confidential or reserved in terms of their characteristics, in terms of of the Federal Law on Transparency and Access to Government Public Information and other applicable provisions.

The Register is an instrument with which the Institute will promote transparency and access to information; for this reason the Institute will promote, permanently, the inclusion of new acts of registration, as well as increased advertising and access to information in the register, under the principles of digital governance and open data.

Registration in the Register shall have declarative effects and the acts in the Register shall not constitute or grant for that fact only rights to any person.

Article 179. Any modification to the information referred to in Article 177 shall be notified to the Institute within a period not greater than thirty working days of the date of the assumption.

Article 180. Dealers and authorized dealers are required to make available to the Institute in terms that it determines, in writing and in electronic form, all data, reports and documents required by it in the field of its competence to integrate the Public Telecommunications Registry.

Chapter II

The National Infrastructure Information System

Article 181. The Institute will create and keep up to date a geo-referenced national database that contains the information from the active infrastructure and media records. transmission, passive infrastructure, and road and public-site rights.

The database will be reserved in terms of the Federal Law on Transparency and Access to Government Public Information, without prejudice to the Institute of Access to the concessionaires or to persons intending to be dealers or authorised, provided that:

I.                 They register with the Institute and check their character as a dealer, authorized or interested in being a dealer;

II.                Present documentation that accredit your identification data by using authentic public documents, and

III.               It is verified that the information is confidential for people who request access, through the guidelines issued by the Institute to ensure that information is not misused.

The security and justice authorities shall have access to that base for the exercise of their privileges.

Section I

From Active Infrastructure

Article 182. Information relating to the active infrastructure and means of transmission shall contain all the data to determine and geo-locate the type, location, capacity, coverage areas and, if applicable, routes and other characteristics of all the data. telecommunications and broadcasting networks, as well as, where applicable, the frequency bands they use and any other additional information to be determined by the Institute.

Article 183. Dealers and authorized persons shall submit to the Institute the information of the active infrastructure and means of transmission, for registration in the System National of Telecommunications Infrastructure Information, with the periodicity and according to the guidelines that the Institute publishes to the effect.

For the case that uses active infrastructure or means of transmission from other dealers, they shall provide the Institute with the information relating to that infrastructure, in accordance with with the terms and deadlines determined by the Institute.

Section II

From Passive Infrastructure and Path Rights

Article 184. The information regarding passive infrastructure and path rights will contain all data to determine and geo-locate the type, location, capacity, and, if the case, routes and other characteristics of all the passive infrastructure used or the one which may be used, for the deployment and installation of active infrastructure and public telecommunications and broadcasting networks. It shall also contain the identity of the dealers using such passive infrastructure and via rights and any other additional information in terms and deadlines determined by the Institute.

Article 185. Dealers, authorized, dependencies, and entities of the Federal Public Administration, Federal District, State, and Municipal and Autonomous Bodies shall provide the Institute with the information of passive infrastructure and track rights, for registration in the National Telecommunications Infrastructure Information System, in the terms and deadlines determined by the Institute.

For the use of passive infrastructure or third-party road rights, in the relevant contracts, mechanisms must be established to ensure delivery to the Institute of the information relating to such infrastructure, in terms and time limits to be determined by the Institute.

When the Secretariat offers connectivity to public places and spaces in the states, the Federal District Government and its delegations, municipalities, agencies, and public institutions, it is provide whenever such entities provide the Secretariat and the Institute with prior information on their passive infrastructure and via rights.

Section III

From Public and Private Sites

Article 186. Information about public sites will contain all data that allows you to determine and geo-locate the type and location of all buildings and public spaces under the control of the agencies and entities of the public administration of the various government orders, the autonomous bodies and, in general, all public bodies and institutions. In addition, the register shall, for each site, indicate whether it has Internet connectivity and, if so, whether it is accessible to the general public and the bandwidth with which it is connected.

Article 187. The dependencies and entities of the Federal Public Administration, the Federal District, state and municipal, autonomous constitutional bodies, universities and centers public research, will provide the Secretariat and the Institute with information on public sites in terms of Section II of this Title and the passive infrastructure with which they are counted, for registration in the National System of Telecommunications Infrastructure Information, in terms and time limits to be determined by the Institute. In case they use third-party sites, in the relevant contracts, they shall establish mechanisms to ensure the delivery to the Secretariat and the Institute of information relating to such sites in accordance with the provisions of the This Law and the guidelines that the Institute will issue.

Article 188. Individuals who wish to make real estate for the installation of infrastructure available to the concessionaires may ask the Institute for registration. in the National Infrastructure Information System.

The Institute will publish on its website the real estate that the individuals have entered by means of a list or geo-referenced map for public consultation.

TITLE EIGHTH

From Collaboration with Justice

Single Chapter

Security and Justice Obligations

Article 189. Telecom licensees and, where applicable, authorized and application service providers are required to to attend to any written, well-founded and reasoned order of the competent authority in terms of the laws.

The owners of the security and justice authorities will appoint the public servants responsible for managing the requirements to be made to the dealers and receive the relevant information, by means of agreements published in the Official Journal of the Federation.

Article 190. Telecommunications licensees and, where appropriate, authorised dealers shall:

I.                 Collaborate with the instances of security, procurement, and justice administration, in the geographic location, in real time, of mobile communication equipment, in terms that set the laws.

Any omission or contempt of these provisions will be sanctioned by the authority, in the terms of the provisions of the applicable criminal law.

The Institute, listening to the authorities referred to in Article 189 of this Law, will establish the guidelines which the telecommunications dealers and, where appropriate, the authorised dealers must take to ensure that the collaboration referred to in this Law with those authorities is effective and timely;

II.                Keep a record and control of communications that is performed from any line type that uses its own or leased numbering, in any mode, that can accurately identify the following data:

a) Name, name, or social reason and address of the subscriber;

b) Communication type (voice transmission, voice mail, conference, data), supplemental services (including forwarding or transfer of call) or messaging or multimedia services used (including short message services, multimedia and advanced services);

c) Data needed to trace and identify the source and destination of mobile phone communications: target number, line mode with contract or tariff plan, as in prepaid line mode;

d) Data required to determine the date, time, and duration of the communication, as well as the service messaging or multimedia;

e) In addition to the above data, the date and time of the first activation of the service must be preserved and the location label (cell identifier) from which the service was activated;

f) Where appropriate, identification and technical characteristics of the devices, including, inter alia, the international code of identity for the manufacture of the equipment and the subscriber;

g) The digital location of the geographic positioning of phone lines, and

h) Data retention obligation shall begin to be counted from the date on which it was produced the communication.

For such purposes, the dealer shall keep the data referred to in the preceding paragraph during the first 12 months in systems that allow their consultation and delivery in real time to the competent authorities, through electronic means. After the deadline referred to, the concessionaire shall keep such data for an additional 12 months in electronic storage systems, in which case the supply of the information to the competent authorities shall be carried out within 40 months. and eight hours following, counted from the notification of the request.

The real time request and delivery of the data referred to in this paragraph will be made through the mechanisms to be determined by the authorities referred to in Article 189 of this Law, which shall be reported to the Institute for the purposes of the third paragraph, section I of this Article.

Telecommunications licensees and, where appropriate, authorised, shall take the technical measures necessary in respect of the data subject to conservation, which guarantee their conservation, care, protection, non-manipulation or illicit access, destruction, alteration or cancellation, as well as the authorized personnel for their management and control.

Without prejudice to the provisions of this Law, regarding the protection, treatment and control of the personal data held by the dealers or authorized persons, the provisions of the Federal Law on the Protection of Personal Data in Possession of the Parties shall apply;

III.               Deliver the retained data to the authorities referred to in Article 189 of this Law, which so requires, in accordance with its powers, in accordance with applicable laws.

The use of the data retained for purposes other than those provided for in this Article shall be prohibited. Chapter, any other use shall be sanctioned by the competent authorities in administrative and criminal terms.

Telecommunications licensees and, where applicable, authorized, are required to deliver the information within a maximum period of 24 hours following the notification, provided that there is no other express provision of competent authority;

IV.              To have a responsible area available twenty-four hours a day and three hundred and sixty-five days of the year, to meet the requirements of information, geographic location and private communications intervention to which refers to this Title.

For the purposes of the above, dealers must notify the holders of the instances to article 189 this Law refers to the name of the person responsible for these areas and their location data; in addition, they must have ample and sufficient powers to meet the requirements of the dealer or authorized person. and take the necessary measures. Any change to the person responsible must be notified in advance of twenty-four hours in advance;

V.               Establish expedited procedures to receive reports from users of the theft or loss of mobile terminal equipment or devices and for the user to credit the contracted services. Such reporting shall include, where appropriate, the equipment manufacturing identity code;

VI.              To suspend the service of mobile terminal equipment or devices reported as stolen or lost, at the request of the operator.

The dealers must conclude collaboration agreements that allow them to exchange lists of mobile communication equipment reported by their respective customers or users as stolen or lost, whether the reports are made to the competent authority or to the dealers themselves;

VII.             Perform the immediate blocking of mobile communication lines operating under any mode reported by customers, using any means, such as stolen or lost; as well as immediate suspension of the telephony service when instructed by the competent authority to cease the commission of crimes, in accordance with the provisions laid down in the applicable legal provisions;

VIII.            Collaborate with the competent authorities to ensure that in the operational technical field the signals of cellular, radio communication or transmission of data or image within the perimeter of the social rehabilitation centres, penitentiary establishments or detention centres for minors, federal or federal institutions, whatever their name.

The blocking of signals referred to in the preceding paragraph shall be made on all frequency bands which are used for reception in communication terminal equipment and shall in no case exceed twenty metres outside the premises of the centres or establishments in order to ensure the continuity and safety of the services to the centres or establishments external users. In collaboration with the dealers, the technical elements of replacement, maintenance and service must be considered.

Telecommunications licensees and, where appropriate, authorized, are required to collaborate with the National Public Security System in the monitoring of the functionality or operability of equipment used for the permanent blocking of cellular, radio communication or data transmission or image signals;

IX.              Implement a unique national and, if applicable, worldwide, harmonised number for emergency services, in the terms and conditions determined by the Institute in coordination with the National Public Safety System, under interoperable platforms, including mechanisms for identifying and geographically locating the call and, where appropriate, emergency text messages;

X.               Report timely and free of charge to users or telephone numbers associated with the security and emergency services determined by the Institute in coordination with the National Public Safety System, as well as provide the communication to such services free of charge;

XI.              In the terms defined by the Institute in coordination with the competent institutions and authorities, give priority to communications in relation to emergency situations, and

XII.             To carry out under the coordination of the Institute studies and research aimed at the development of technological solutions to inhibit and combat the use of telecommunications equipment for the crime or update of risks or threats to national security. Dealers who operate public telecommunications networks may voluntarily set up an organisation which is designed to carry out such studies and research. The results obtained shall be recorded in an annual report to be submitted to the Institute, the Congress of the Union and the Federal Executive.

Private communications are inviolable. Only the federal judicial authority, at the request of the federal authority that powers the law or the holder of the Public Ministry of the corresponding federal entity, may authorize the intervention of any private communication.

TITLE NINTH

Of users

Chapter I

User Rights and their Protection Mechanisms.

Article 191. Users shall enjoy the rights provided for in this Law and the Federal Consumer Protection Act, as well as the other applicable provisions.

They are user rights:

I.                 For free consultation of the balance in the case of mobile prepaid services and without conditioning to purchase additional balance;

II.                For the protection of personal data in terms of applicable laws;

III.               For the portability of the telephone number within the time limit determined by the Institute and which shall be free of charge;

IV.              To freely choose your service provider;

V.               To contract and know the commercial conditions established in the models of the contract of accession, registered with the PROFECO, through electronic means, including the electronic page of the dealer or authorized, without the injury to receive them by other means.

The PROFECO will verify that reasonable penalties are established in the accession contracts in case of early cancellation of the contract by the consumer, and temporary suspension of the service for non-payment. In these cases, it shall be verified that the payments of outstanding or non-accrual balances of equipment, as well as of the reconnection fees per suspension, are reasonable and proportionate to the non-compliance with the respective obligation. In both cases it will take care of the particularities of the different packages and business plans, so that they do not generate additional costs to the supplier.

The PROFECO will verify that users and consumers can celebrate and cancel the accession, by means of expeditious mechanisms, including electronic means. Through such electronic means, the contract may be terminated at the end of the contract;

VI.              For free choice and non-discrimination in access to internet services;

VII.             To be provided by the telecommunications services according to the quality parameters contracted or established by the Institute;

VIII.            To be notified by any means, including electronic, of any change in the conditions originally contracted;

IX.              To require forced compliance with the contract when the service provider modifies the conditions originally contracted and if they do not comply with the contract;

X.               To terminate the contracted service or to change the package or plan, in advance by paying, if any, the remaining cost of the equipment;

XI.              To request and obtain the terminal equipment unlock when the contract is concluded or its cost has been cleared;

XII.             When the mobile terminal equipment is unlocked, when it is paid for cash, its cost or the initial term of the contract expires, in any case the dealer or authorized person must provide the key to unlock it;

XIII.            A bonus or discount for service failures or undue charges, attributable to the dealer or authorized, as set out in the contracts or when determined by the competent authority;

XIV.           In the provision of telecommunications services, any discrimination based on ethnic or national origin, gender, age, disability, social status, health conditions, religion, etc. shall be prohibited. opinions, sexual preferences, civil status, or any other than human dignity and has the purpose of annulling or undermining the rights and freedoms of persons;

XV.            To the manifestation of ideas, access to information and to seek, receive and disseminate information and ideas in the terms established by the Constitution and applicable laws;

XVI.           A that in prepaid mobile services, the balance not consumed by the date of its expiration, is paid to it in the recharges that are carried out within the year following that date;

XVII.          A that when a contract of accession has been concluded, it can only be changed to another by agreement of the parties. Consent shall be granted by electronic means;

XVIII.         To cancel the contract without the need to obtain authorization from the dealer or authorized, or any penalty when the agreed term ends, except when the contract is renewed for continuing to use and paying for the services of originally contracted telecommunications;

XIX.           Not to receive calls from the dealer or authorized about the promotion of services or packages unless expressly stated their consent through electronic means;

XX.            A that when the mobile service contract is renewed and does not acquire a new equipment, the monthly payment will be made exclusively for the collection of the services without payment of the equipment, and

XXI.           A that in the mobile service contracts be transparent, in the monthly payment, the part that corresponds to the cost of the services and that corresponds to the cost of the equipment or facilities and the time of this payment.

Dealers and authorized dealers will be required to provide users with a letter containing the rights that this Law and the Federal Consumer Protection Act recognize, which may be sent through electronic means.

The Institute and the PROFECO will determine the minimum rights to be included in the letter referred to.

The minimum rights referred to in the preceding paragraph must be permanently disseminated by the Institute, the PROFECO, the dealers and the authorized, in their respective Internet portals and deliver to users when the appropriate service is contracted.

It is for the PROFECO to promote, protect, advise, defend, reconcile, and represent users and consumers, in front of the dealers or authorized telecommunications services or committees Standardisation advisory services as well as the registration and publication of models of accession contracts in accordance with this Law and the Federal Consumer Protection Law.

It is up to the regular Institute to monitor and monitor the quality of the public telecommunications services with the indicators, parameters and procedures that the effect establishes, and must inform the PROFECO of the results obtained for the exercise of its attributions.

The Institute and the PROFECO will exchange information related to user complaints, commercial behavior of dealers or authorized users, verification of compliance with their obligations, as well as the penalties imposed by them in order to determine whether they are within the scope of their jurisdiction. The penalties imposed by the PROFECO shall be entered in the Public Registry of Concessions.

The Institute and the PROFECO will give a view to each other, when the dealers or authorized persons incur systematic or recurrent violations of the rights of the users or consumers provided for in this Law and in the Federal Consumer Protection Law, so that in the field of their powers they carry out the necessary actions for their protection and restitution or, where appropriate, for the Institute to impose sanctions for non-compliance with obligations to dealers.

Article 192. In contracts awarded by dealers or authorized to users and subscribers for the provision of services, the provisions of this Law shall be observed; they shall be null and void. in full and the clauses that are not put in place:

I.                 Allow dealers or authorized dealers to unilaterally modify the content of the contract or to unilaterally withdraw from their obligations.

provision may be made for clauses in contracts which permit the modification of the terms of the contract, only when Express manner is set to the notice prior to the user or subscriber. In the event of any change in the contractual terms, the user or subscriber must be notified by any means, including electronic means;

II.                Release the licensees or authorized from their civil liability, except when the user or subscriber fails to comply with the contract;

III.               Move the user, subscriber, or third party who is not a party to the contract, the responsibility of the dealer or authorized person;

IV.              Preview lower-than-legal prescription terms;

V.               Establish compliance with certain formalities for the origin of the actions that are promoted against the dealers or authorized, and

VI.              Compel the user to waive the provisions of this Law, the Federal Consumer Protection Act, or to exercise individual or collective judicial action or to submit it to the jurisdiction of foreign courts.

Article 193. Dealers or authorized dealers must register with the PROFECO, prior to their use, the models of accession contracts that they intend to conclude with the users, which must comply with the provisions of this Law, in the Federal Consumer Protection Act and other applicable provisions.

Article 194. The Ministry of Economy will issue official Mexican rules in coordination with the Institute that will establish the specific obligations to be observed by the dealers or authorised dealers, in order to ensure the effective protection of the rights of users provided for in the Federal Consumer Protection Act and in this Law.

Article 195. Dealers and authorized persons are required to report and respect prices, fees, guarantees, penalties, compensation, quantities, quality, measures, interests, charges, terms, deadlines, dates, modalities, reservations and other conditions of the service in accordance with which it would have been offered, obligated or agreed with the user or subscriber and under no circumstances shall they be denied these goods or services to any person.

The Institute shall issue provisions laying down the conditions for dealers and authorised dealers to publish transparent, comparable, appropriate and up-to-date information on the applicable prices and tariffs, on any costs related to the termination of the contract, as well as information on the access and use of the services they provide to users or subscribers. The information will be published in a clear, comprehensible and easily accessible form.

Article 196. Dealers and authorized persons are required to provide the user or subscriber with the service in accordance with the terms and conditions offered or implied in the advertising or information deployed, unless otherwise agreed or written consent of the user.

Article 197. Dealers and authorized persons shall block content, applications or services at the express, written or recorded request of the user or subscriber or any other another electronic means, without the blocking of the use of any other content, applications or services other than those requested by the user or subscriber. In no case, this block will be able to arbitrarily affect service providers and applications found on the Internet.

They should also have available to users who request it, a parental control service and clearly publish the operational characteristics of this service and the instructions for the user to be able to operate the applications necessary for the proper operation of the service.

Article 198. At the end of a concession, the radio spectrum that was granted will revert to the full right of the State, so the Institute may bid or assign it in accordance with the with what is established in this Law. Without prejudice to the foregoing, in order to protect and safeguard the rights of users or subscribers, the Institute may authorise the temporary use of radio spectrum only in the quantity and for the time strictly necessary, for the then dealer migrates users or subscribers to other services or dealerships or meets the term and terms under which they have been obliged to do so.

The Institute shall fix, in accordance with the plan of action proposed by the concessionaire, the quantity of radio spectrum and sufficient time to comply with the above, according to the number of users or subscribers, type and duration of the services they have contracted.

The same will apply in the case of the transition or technological improvement to which a concessionaire is allowed, provided that it has the authorization of the Institute, for which it must be guaranteed that users or subscribers of a service originally provided, can migrate on an equal basis to new services.

For as long as the use, use or exploitation of the radio spectrum is made, under the authorization referred to in this article, consideration shall be paid to the consideration and rights that correspond.

Chapter II

Rights of Users with Disabilities

Article 199. The Federal Executive and the Institute, in their respective areas of competence, shall promote the use of disabled users, access to telecommunications services, on a level playing field with other users.

Article 200. In addition to the rights provided for in this Law and in order to ensure that there is real equality of opportunity, users with disabilities will enjoy the following rights:

I. To request and receive advice from dealers on the use of telecommunications services;

II. To contract and to know the commercial conditions established in the models of contract of accession, registered to the PROFECO, through electronic means, including the electronic page of the dealer or authorized, which must have formats that have accessibility functionalities in accordance with the guidelines issued by the Institute, without prejudice to receiving them by other means;

III. To count, upon request of the user, with terminal equipment having functionalities, programs or applications enabling the accessibility of people with motor, visual and hearing disabilities to telecommunications services;

IV. Access to a telephone number for emergency services, harmonized at the national level and, in your case worldwide, that provide for mechanisms to identify and geographically identify and, where appropriate, text messages; in terms and conditions to be determined by the Institute in coordination with the National Public Security System;

V. Not to be discriminated against in the procurement and provision of telecommunications services;

VI. A that the facilities or public service centers of the dealers or authorized persons have adaptations, modifications or mechanisms for persons with disabilities to be able to receive care, provided that such adaptations do not impose a disproportionate or undue burden on the concessionaire or authorised person, in accordance with the guidelines issued by the Institute;

VII. A that the internet pages or portals, or telephone numbers of attention to the dealer's public or Authorised to have accessibility functionalities, provided that it does not involve a disproportionate burden on the concessionaire or authorised person, and

VIII. To receive from dealers or authorized attention through trained personnel.

Article 201. The Internet portals of the agencies of the Federal Public Administration, as well as decentralized public bodies, state participation companies, the Congress of the Union, the Judicial Branch of the Federation, As well as the offices of the Public Administration, the legislative and judicial branches of the Federal District and the Federal District must have accessibility functions for persons with disabilities. In the case of the Federal Public Administration, the portals will have to attend to the provisions established in the framework of the National Digital Strategy according to the best international practices, as well as to the technological updates. The Executive will promote the implementation of these accessibility features in the private and social sectors.

Article 202. The Federal Executive in accordance with the National Digital Strategy and the Institute, in the field of their respective competencies, will promote the access of people with disabilities to new information systems and technologies and the communications, including the Internet and in accordance with the guidelines that the effect will issue.

Article 203. For the definition of the guidelines by the Institute in the field of accessibility for persons with disabilities, it will have to address the norms and conclude agreements with public and private institutions specialized in the field.

Chapter III

From Rates to Users

Article 204. The dealers of the telecommunications service for commercial use or for social use shall freely set the rates to the users of the services they provide.

Article 205. Telecommunications service dealers for commercial use or for social use must submit electronic application for registration of their fees to users, prior to their entry into force. Such application shall contain the description of the service provided, rules of application and, where appropriate, penalties in accordance with the formats established by the Institute.

The Institute shall establish an electronic mechanism for the registration of such tariffs, which shall enter into force, from the date of their application.

Article 206. The telecommunications dealer who has been declared as a preponderant agent will not be able to grant preferential treatment to the services they offer, consistent with the principles of competition, by itself or through its subsidiaries, subsidiaries, affiliates or belonging to the same economic interest group.

Article 207. In the case of telecommunications services offered to the public consumer with charges for the duration of the communications, the dealers and the authorized ones must include within their commercial offer, plans and tariffs, the recovery per second, without prejudice to other plans based on collection per minute, per event, per capacity or any other mode.

Article 208. The tariff freedom referred to in Article 204, as well as that provided for in Articles 205 and 207, shall not apply to telecommunications dealers who are declared as (a) the economic operators who are preponderant in the telecommunications sector or with substantial power, in which case they must comply with the specific rules imposed by the Institute on tariffs. These fees must be approved by the Institute, which must keep a register of them, in order to give them publicity.

The leading economic operator in the telecommunications sector or with substantial power in the market for the termination of calls and short messages, will have, among other obligations, the following:

I.                 You will not be able to set your users different commercial loads or conditions in quality and price, for services that originate and end in your network, that those that apply to services that originate or end up in the network from another dealership;

II.                You may not charge your mobile service users differently for calls they receive from your network or from other dealers;

III.               Refrain from charging the rest of the public telecommunications network concessionaires, rates higher than those offered by such an agent to any end user, with the said fee being extended to the dealer who request;

IV.              Refrain from concluding exclusivity agreements in the purchase and sale of terminal equipment, as well as any conduct that has the object or effect of limiting the access of terminal equipment to other competitors, and

V.               Refrain from holding exclusivity contracts for points of sale and distribution, including purchase of airtime, other than those of the preponderant economic operator, which prevent or hinder other dealers from accessing such points of sale.

Chapter IV

How to store Phone Numbers by Subscribers

Article 209. Dealers shall ensure, in accordance with the guidelines to be approved by the Institute, that subscribers with national telephone numbering plan numbers may keep, upon request, the numbers assigned to them, regardless of the concessionaire providing the service.

The costs arising from the updating of the network elements and the systems necessary to enable the numbers to be preserved must be borne by each concessionaire without, therefore, have the right to receive compensation. The other costs incurred by the preservation of the telephone numbers will be distributed, through the appropriate agreement, among the dealers affected by the change. In the absence of agreement, the Institute will decide.

The costs referred to in the preceding paragraph shall be based on actual expenses. Dealers may not charge the end user or paid any charge for the portability of their number.

TITLE TENTH

Single Chapter

From Universal Coverage

Article 210. For the achievement of universal coverage, the Secretariat will draw up each year a social coverage program and a program of connectivity in public places.

Article 211. The objective of the social coverage program is to increase network coverage and the penetration of telecommunications services into priority care areas defined by the Secretariat.

For the elaboration of the social coverage program, the Secretariat will coordinate with the governments of the federal entities, the Federal District Government, the municipalities and the Institute. It will also receive and evaluate proposals from any interested party by the means established by the Secretariat for this purpose.

The Secretariat will define the telecommunications and broadcasting services that will be included in the social coverage program, with priority for Internet access services and voice services, and will design and promote the incentives for the participation of the dealers in the same.

Article 212. The Secretariat, in coordination with the Institute and the National Institute of Statistics and Geography, will define and publish the indicators to measure the evolution of the telecommunications and broadcasting throughout the national territory, as far as possible, and without any limitation, the internationally recognised methodologies that allow the measurement of progress and international comparison. These indicators will aim to quantify the progress of social coverage and connectivity programs in public places.

The dealers involved in the social coverage programs will be obliged to report to the Secretariat the data that will allow to quantify the progress of the social coverage programs and, if necessary, the fulfilment of the obligations acquired. The Secretariat shall monitor the compliance of the concessionaires or authorized the undertakings acquired in the respective programmes and the Institute shall sanction the non-compliance of the dealers or authorised to the coverage obligations social or universal coverage that has been established for them.

Article 213. The National Science and Technology Council, in coordination with the Secretariat, will establish the necessary administrative and technical mechanisms and grant the financial and technical support required by public institutions of higher education and research for the interconnection between their networks, with sufficient capacity, forming a national network of education and research, as well as the interconnection between the national network and the international networks specialized in the field academic.

Article 214. Federal Public Administration agencies and agencies should support the development of social and connectivity programs in public places, as well as the digital strategy to be issued by the Federal Executive.

Article 215. The social coverage and connectivity programs in public places will have the mechanisms to be determined by the Secretariat, with the support of the Secretariat of Finance and Public Credit.

TITLE TENTH FIRST

From Audiovisual Content

Chapter I

From the Competition of Authorities

Article 216. Corresponds to the Institute:

I.                 Monitor and sanction compliance with the maximum times set for the transmission of commercial messages set forth in this Law;

II.                Monitor and sanction the obligations of the defence of the hearings in accordance with the provisions of this Law;

III.               Monitor that programming to the child population respects the values and principles referred to in Article 3. of the Constitution, the health rules and the guidelines established in this Law that regulate advertising based on programming for children, based on the regulatory provisions issued by the authorities. competent;

IV.              Order the precautionary suspension of transmissions that violate the rules provided for in this Law in the matters referred to in fractions II and III, prior to warning, and

V.               Report to the Secretariat of Health and the Secretariat of the Interior, the results of the supervisions carried out in terms of fraction III, so that they exercise their powers of sanction.

For the purposes of paragraph III of this Article, you may enter into collaboration agreements with Dependencies or Federal Bodies.

Article 217. Corresponds to the Secretariat of Government:

I.                 Order and manage the transmission of state time in the terms provided for in this Law, as well as, where applicable, those provided for in other applicable provisions;

II.                Order and coordinate the chains of radio and television stations;

III.               Order the transmission of the bulletins of any authority related to national security and defence, public order conservation or with measures to provide for or remedy any natural disaster;

IV.              Order the transmissions of the National Anthem in accordance with the provisions of this Law;

V.               Authorize and supervise the transmission or promotion of competitions in which prizes are offered in their different modalities and stages, in order to protect the good faith of the contestants and the public, as well as to punish the defaults in the scope of their competence;

VI.              Monitor and monitor the transmission of state time, as well as, where appropriate, those provided for in other applicable provisions, national bulletins and chains, in the terms provided for by this Law and sanction the non-compliance with the concessionaires;

VII.             Require dealers to provide restricted television and audio service, free booking of channels for distribution of television signals in accordance with legal provisions;

VIII.            Verify that radio and television broadcasts comply with the classification criteria, which are issued in terms of this Law, including those relating to programming aimed at the children's population, according to with the guidelines you issue in terms of this Law;

IX.              Based on the results of the supervision carried out by the Institute, impose the penalties established in this Law for the failure to comply with the guidelines regulating the programming and advertising aimed at the public. children;

X.               Set specific guidelines to regulate advertising based on programming for children, in order to ensure the values and principles referred to in Article 3o. of the Constitution, and

XI.              The others who trust this Law and other legal provisions.

In the exercise of these powers, the Secretariat of the Interior must respect the rights to the manifestation of ideas, freedom of information and expression and will not be able to carry out no prior censorship.

Article 218. Corresponds to the Secretariat of Public Education:

I.                 In the terms set out in the provisions that the Federal Executive issue in the field of Digital Strategy, promote in coordination with the Secretariat, the use of information and communication technologies in the sector education;

II.                Promote the transmission of cultural and civic interest programs;

III.               Develop and disseminate educational and recreational programs for the children's population;

IV.              Intervene in the field of broadcasting to protect copyright, as set out in the Federal Law of Copyright, and

V.               The others who trust this Law and other legal provisions.

Article 219. Corresponds to the Health Secretariat:

I.                 Authorize the transmission of advertising relating to the exercise of medicine and its related activities;

II.                In the terms set out in the provisions that the Federal Executive issue in the field of Digital Strategy, promote, in coordination with the Secretariat, the use of information and communication technologies in the sector health;

III.               Authorize advertising of food supplements, biotechnological products, alcoholic beverages, medicines, herbal remedies, medical equipment, prostheses, orthotheses, functional aids, diagnostic agents, use inputs odontology, surgical materials, pesticides, plant nutrients and toxic or dangerous substances and other substances to be determined in the applicable legislation. The Secretariat of Health may issue the general provisions applicable to the advertising of the products mentioned in this article, without prejudice to the privileges that correspond to the Secretariat of the Interior;

IV.              Establish health rules for programming for children;

V.               Based on the results of the supervision carried out by the Institute, impose the penalties for non-compliance with the rules governing the programming and the targeted advertising aimed at the children's health, and

VI.              The others who trust this Law and other legal provisions.

Article 220. The Federal Executive, through the authority empowered to do so, will give the Institute a view of those matters, acts and circumstances that merit its intervention. for legal effects arising in terms of the Decree.

Article 221. The National Electoral Institute shall have the powers laid down in the General Law of Electoral Institutions and Procedures and other applicable provisions in the matter.

Chapter II

Of The Contents

Section I

Common Provisions

Article 222. The right of information, expression and reception of content through public service broadcasting and restricted television and audio is free and Consequently, it shall not be subject to any prosecution or judicial or administrative investigation or to any limitation or prior censorship, and shall be exercised in the terms of the Constitution, international treaties and applicable laws.

The authorities in the field of their competence will promote respect for human rights, the principle of the best interests of children, in order to guarantee their rights fully, thus as the gender perspective.

Article 223. Programming that is broadcast through broadcast or television and restricted audio, in the framework of freedom of expression and reception of ideas and information, Please provide:

I.                 The integration of families;

II.                The harmonious development of childhood;

III.               The improvement of education systems;

IV.              The dissemination of artistic, historical and cultural values;

V.               Sustainable development;

VI.              The dissemination of ideas that affirm our national unity;

VII.             Equality between women and men;

VIII.            The dissemination of scientific and technical knowledge, and

IX.              The correct use of the language.

Independent national programmers and content-adding programmers may market these in one or more channels for one or more distribution platforms. contents. The tariffs for these commercial offers shall be freely agreed between these programmers and the networks or platforms on which they will be transmitted, in accordance with international practices.

Article 224. On each authorized multi-programming channel to commercial, public and social licensees providing broadcast services, the The same rules and rules apply in terms of content, advertising, independent national production, hearing advocate, state time, bulletins, shackles and sanctions.

Article 225. Dealers that provide the restricted audio and television service shall establish the necessary technical measures that allow the user to perform the blocking of channels and programs you do not want to receive.

Article 226. For the purpose of promoting the free and harmonious development of girls, boys and adolescents, as well as contributing to the achievement of the educational objectives set out in Article 3o. constitutional and other legal systems, the broadcast programming directed to this sector of the population must:

I.                 disseminate information and programs that strengthen cultural, ethical and social values;

II.                Avoid transmissions contrary to the principles of peace, non-discrimination and respect for the dignity of all persons;

III.               Avoid content that stimulates or apologizes for violence;

IV.              Report and guide on the rights of children;

V.               Promote their interest in understanding national values and knowledge of the international community;

VI.              Stimulate your creativity, as well as your interest in physical culture, family integration and human solidarity;

VII.             Fostering your interest in knowledge, particularly in scientific, artistic and social aspects;

VIII.            Encourage respect for the rights of persons with disabilities;

IX.              To promote an environmental culture that fosters awareness, conservation, respect and preservation of the environment;

X.               Stimulating a culture of prevention and health care;

XI.              Provide information on protection against all types of child exploitation and human trafficking;

XII.             Promote tolerance and respect for diversity of views;

XIII.            Promote women's right to a life free of violence;

XIV.           Protect the identity of victims of sexual crimes, and

XV.            Comply with the classification and schedules regarding the use and dissemination of pornographic content.

Children's programs that are broadcast live, recorded in any format in the country or abroad, state times, as well as, where appropriate, those foreseen in other Applicable provisions shall be subject to the provisions of the previous fractions.

Dealers who provide broadcast or television and restricted audio services and programmers, in relation to their respective content, will take the measures to warn the audience of content that could harm the free development of the personality of girls, boys and adolescents.

Article 227. The concessionaire providing broadcast or restricted television services shall present on screen the titles of the programmes and their classification at the beginning and the half of the programmes; to this end, they shall address the content classification system set out in the applicable provisions.

It will be the obligation of the programmers, in relation to their respective contents, to comply with the classification characteristics in terms of this Law and other provisions applicable.

Radio-broadcast or restricted television films must use the same classification criteria as the rest of the programming, without prejudice to the fact that the classification can change in modified versions for transmission.

Restricted television dealers will be required to report the classification and schedules in their electronic programming guide, in accordance with the guidelines set by the Institute, as long as the programmer submits the corresponding classification.

It will be the obligation of the programmers, in relation to their respective contents, to comply with the classification characteristics in terms of this Law and other provisions applicable.

Article 228. Dealers that provide restricted audio or television and broadcast services and programmers, in relation to their respective content, shall be required to make public knowledge of the classification and warn about certain content that may be inappropriate or inappropriate for minors, in accordance with the system of classification of content of programmes and films Film to be established in the regulatory provisions.

This applies to materials recorded in any format in the country or abroad, in which case the classification of the country of origin may be recognized, provided that it is equivalent to the classification applicable to national content, in accordance with the guidelines to be issued by the Institute.

Article 229. The transmission or promotion of the contests in which prizes are offered in their different modalities shall be previously authorized and supervised in all stages by the Secretary of Government, in order to protect the good faith and integrity of the participants and the public.

Dealing with competitions that are transmitted through signals from abroad, the dealers will conclude agreements with the programmers and operators of the foreign signals, to ensure the seriousness of the competitions and the delivery of the awards when it comes to winning participants in national territory.

Religious transmissions must be subject to the provisions of the Law of Religious Associations and Public Worship and other provisions in the field.

Article 230. In their broadcasts, the radio stations of the concessionaires must make use of the national language. The above, without prejudice to the addition of concessions for indigenous social use, make use of the original language of the original people.

In case the transmissions are in foreign language, the subtitle or the respective translation must be used in Spanish, in exceptional cases, the Secretariat of Government may authorising the use of foreign languages without subtitle or translation in accordance with the regulatory provisions.

Article 231. Dealers that provide broadcast and television and restricted audio services will include in their daily programming information on events of political, social, cultural, sporting and other matters of general interest, national or international.

Article 232. Dealerships that render the restricted audio or television service mustrun free of charge for radio-broadcast signals. federal public institutions. When the concessionaire does not have the capacity to retransmit all the signals, including the multiprogrammed ones, the Secretariat of the Interior, in the case of signals from the Federal Executive or the public institution of the signal, will indicate to the concessionaire which of the programming channels shall be retransmitted. In case there is disagreement, the Institute will be resolved.

Article 233. Dealers who provide the television or restricted audio service shall reserve free channels for the distribution of television signals from federal public institutions, as directed by the Federal Executive, through the Secretariat of the Interior, as follows:

I.                 A channel, when the service consists of 31 to 37 channels;

II.                Two channels, when the service consists of 38 to 45 channels, and

III.               Three channels, when the service consists of 46 to 64 channels. Above this last number, one channel will be increased for every 32 transmission channels.

Article 234. When the service consists of up to 30 channels, the Secretariat may require that, on a specific channel, be allocated up to 6 hours per day for the transmission of the Programming to be indicated by the Secretariat of Government.

Article 235. The Secretariat of the Interior will require directly from the dealers the channels referred to in the two preceding articles and may indicate to the dealer the channel number to be assigned to them.

Article 236. The concessionaire may use the channels referred to in the previous article, as long as they are not required by the Secretariat of Government.

The dealer will cover the cost of the equipment and facilities necessary for the reception and distribution of the signals indicated. The quality of transmission of these signals shall be at least equal to that of the rest of the service.

Section II

Advertising

Article 237. Dealers that provide the broadcast or television and restricted audio service, as well as the programmers and signal operators, must maintain a balance between advertising and the programming set transmitted per day, for which the following rules will be followed:

I.                 For commercial broadcasting use dealers:

a) On television stations, the time spent on commercial advertising shall not exceed eighteen per percent of the total transmission time for each programming channel, and

b) On radio stations, the time spent on commercial advertising will not exceed forty percent of the total transmission time per programming channel.

The duration of commercial advertising does not include the station's own promotional activities, or broadcasts corresponding to the times of the State and others at the disposal of the Executive Branch, nor programs offering products or services;

II.                For restricted audio and television dealerships:

a) They can transmit, daily and per channel, up to six minutes of advertising in every hour of transmission.

For the purposes of the calculation, the advertising contained in the signals shall not be considered broadcast that is broadcast or the promotional channels of the programming channels themselves, and

b) Channels dedicated exclusively to product offering programming will be excepted from the limit indicated in the preceding paragraph, and

III.               For indigenous and community broadcasters for social use:

a) On TV stations, the time spent on advertising for federal public entities and, where applicable, those of the Federative Entities and Municipalities, shall not exceed six percent of the total transmission time for each programming channel, and

b) On radio stations, intended for sale of advertising for federal public entities and, if applicable, those of the Federative Entities and Municipalities, shall not exceed fourteen percent of the total transmission time for each programming channel.

The duration of the advertising referred to in this section does not include the promotional activities of the station, nor the transmissions corresponding to the State's time, bulletins, shackles and others at the disposal of the Executive Branch.

Article 238. In order to prevent the transmission of misleading advertising, without affecting the freedom of expression and dissemination, the transmission of advertising or propaganda is prohibited. presented as news or news information.

Article 239. Restricted television advertising of products or services not available on the domestic market shall include visual or sound resources indicating such circumstance. The concessionaire shall include this provision in the respective contracts with the programmers.

Article 240. Dealers that provide the broadcast or television and restricted audio service will have the right to market spaces within their programming compliance with the provisions of this Law and other applicable regulations.

Article 241. The dealers who provide the broadcasting service must offer in market terms and in a non-discriminatory manner, the services and advertising spaces any physical or moral person requesting them. To do this, we must observe the terms, packages, conditions and tariffs that are in place at the time of the contract. They may also not restrict, deny or discriminate the access or hiring of advertising spaces to any advertiser, even if the latter has, at some point, opted for another means or advertising space.

Article 242. Broadcasting licensees will freely set the rates of services and advertising spaces, and no higher obligations may be imposed on them than to submit to the Institute for registration in the Public Registry of Telecommunications the respective minimum rates, and not to restrict access to advertising when this implies the displacement of its competitors or the affectation to the free competition or competition in the terms of the provisions applicable.

Article 243. You may only advertise or advertise lotteries, raffles and raffles when they have been previously authorized by the Secretariat of the Interior.

Article 244. The contents of the advertising messages shall address the classification system referred to in Article 227 of this Law and shall be transmitted according to the slots set for that purpose.

Article 245. Advertising shall not be such as to present conduct or situations in which the lack of a product or service is a cause of discrimination of any kind.

Article 246. In advertising intended for children's public, it will not be allowed:

I.                 Promote or display illegal, violent or risk-threatening behavior or physical integrity, whether through real or animated characters;

II.                Show or promote behaviors or products that attack your physical or emotional health;

III.               Present to girls, boys or adolescents as a sexual object;

IV.              Use their inexperience or immaturity to persuade them of the benefits of a product or service. The properties or qualities of a product or service shall not be overstated or false expectations of the benefits of such a product or service;

V.               Incite directly to purchase or order the purchase or purchase of a product or service;

VI.              Show behaviors that promote inequality between men and women or any other form of discrimination;

VII.             Present, promote or incite bullying and bullying behaviors that may result in sexual or other sexual abuse, injury, theft, among others, and

VIII.            Contain subliminal or subreptitious messages.

Section III

From National Production and Independent National Production

Article 247. Dealers providing the commercial service broadcasting service that cover with national production at least twenty percent of their programming, may increase the percentage of advertising time referred to in this Law by up to two percentage points.

This incentive shall be applied in a manner directly proportional to the percentage of national production with which the percentage established in the preceding paragraph is complied with.

Article 248. Dealers providing the commercial service broadcasting service that cover with independent national production at least twenty percent of their programming, may increase the percentage of advertising time referred to in this Law, up to five percentage points.

This incentive shall be applied in a manner directly proportional to the percentage of independent national production with which the percentage established in the preceding paragraph is complied with.

Article 249. Broadcasting licensees should take advantage of and stimulate local and national artistic values and expressions of Mexican culture, according to the characteristics of its programming. The daily programming that uses personal action should include a longer time covered by Mexicans.

Article 250. order to promote national production and independent national production, the Federal Executive will push for financing measures for these sectors.

Chapter III

Free Times for the State

Section I

State Time

Article 251. The commercial, public and social concessionaires providing the broadcasting service shall carry out daily free transmissions at each station and for each programming channel, with a duration of up to thirty minutes discontinuous, dedicated to spreading educational, cultural and social interest issues. The transmission times will be administered by the Secretariat of the Interior, which will listen previously to the concessionaire and according to them will fix the schedules throughout their hours of transmission.

The Federal Executive will point out the dependencies that the material will have to provide for the use of that time and the emissions will be coordinated by the Interior Secretariat.

Social-use dealers will be exempt from the tax established in the Law on Services expressly declared to be of public interest by law, in which they intervene. Concessionary companies of goods from the direct domain of the nation.

Article 252. The way that these thirty minutes can be divided will be as follows:

I.                 Fifteen minutes in formats or segments of no less than twenty seconds each, and

II.                Fifteen minutes in formats or segments not less than five minutes each.

Article 253. All commercial, public and social concessionaires providing broadcasting services will be obliged to broadcast the National Anthem at six and 24 hours, and in the case of television, in addition, the image of the the national flag.

Section II

National Bulletins and Chains

Article 254. In addition to what is established for the time of State, commercial, public and social radio and television licensees are required to transmit free and Preferably:

I.                 The bulletins or messages of any authority relating to the security or defence of the national territory, the preservation of public order, or with measures to provide for or remedy any public emergency;

II.                Information relevant to the general interest, in matters of national security, general health and civil protection, and

III.               Messages or any notice related to ships or aircraft in distress, which request assistance.

Article 255. All , public and social use dealerships that provide broadcast services will be required to chain radio stations and channels television in the country when it comes to transmitting information of transcendence to the nation, in the opinion of the Secretariat of the Interior.

Chapter IV

Of Hearing Rights

Section I

Rights

Article 256. The public service of broadcasting of general interest must be provided in conditions of competition and quality, in order to satisfy the rights of the audiences, for which, through its transmissions, it will provide the benefits of the culture, preserving the plurality and truthfulness of the information, in addition to promoting the values of national identity, with the purpose of contributing to the satisfaction of the purposes set out in article 3o. of the Constitution. They are the rights of audiences:

I.                 Receive content that reflects the nation's ideological, political, social, and cultural and linguistic pluralism;

II.                Receive programming that includes different genres that respond to the expression of diversity and plurality of ideas and opinions that strengthen the democratic life of society;

III.               That the news information of the opinion of the person who presents it should be clearly differentiated;

IV.              That elements are provided to distinguish between advertising and the content of a program;

V.               That the schedules of the programs are respected and that changes to the schedules are given and parental warnings are included;

VI.              Exercise the right of replication, in terms of regulatory law;

VII.             To maintain the same quality and levels of audio and video during programming, including advertising spaces;

VIII.            In the provision of broadcasting services, any discrimination on grounds of ethnic or national origin, gender, age, disability, social status, health conditions, religion or religion shall be prohibited. opinions, sexual preferences, civil status, or any other than human dignity and has the purpose of annulling or undermining the rights and freedoms of persons;

IX.              Respect for human rights, the best interests of children, gender equality and non-discrimination, and

X.               The others to be established in this and other laws.

Broadcasting or television or restricted audio dealers will be required to issue Ethics Codes in order to protect the rights of the hearings. The Code of Ethics must be adjusted to the guidelines issued by the Institute, which must ensure compliance with the rights of information, expression and reception of contents in terms of the provisions of the provisions of articles 6. and 7o. of the Constitution. The guidelines issued by the Institute should ensure that dealers of commercial, public and social use have full freedom of expression, programmatic freedom, editorial freedom, and avoid any prior censorship of their rights. contents.

Section II

Of Rights of Audiences with Disabilities

Article 257. The Federal Executive and the Institute, in their respective areas of competence, will promote conditions for the disabled audiences to have access to the broadcasting services on an equal footing with other audiences.

Article 258. In addition to the rights provided for in this Law and with the aim of real equality of opportunity, audiences with disabilities will enjoy the following rights:

I.                 Count on subtitle services, dubbing Spanish and Mexican sign language for accessibility to people with hearing weakness. These services should be available in at least one of the most nationally-rated news programs;

II.                To promote recognition of their abilities, merits and abilities, as well as the need for their attention and respect;

III.               To have mechanisms that give them accessibility to express their complaints, suggestions and complaints to the defenders of the hearings, as long as it does not represent a disproportionate or undue burden on the concessionaire, and

IV.              Access to the programming guide through a telephone number or Internet portals of dealers in accessible formats for people with disabilities.

Section III

From the Audience Defender

Article 259. (1) Dealers providing broadcasting services must have a hearing office, which may be of the same concessionaire, together with several dealers or through representation bodies. The hearing advocate will be responsible for receiving, documenting, processing, and following up on observations, complaints, suggestions, requests, or allegations from the individuals who make up the hearing.

In the guidelines referred to in the last paragraph of Article 256, the Institute shall issue general guidelines laying down the minimum obligations for the advocates of the hearings for the proper protection of their rights.

Each concessionaire providing broadcasting service shall set the period of order of the defender of the hearing, which may be extended twice.

The action of the defenders of the hearings will be in accordance with the criteria of impartiality and independence, the priority of which will be to assert the rights of the hearings, according to the codes of ethics that have been signed or signed by each dealer.

The advocates of the hearings and the codes of ethics must register in the Public Registry of Concessions, which will be available to the general public.

The hearing advocates will determine the mechanisms for the dissemination of their actions, among which they will be able to choose by e-mail, electronic pages or a telephone number, the which shall have accessibility features for audiences with disabilities, as long as it does not involve a disproportionate burden.

Article 260. To be an audience advocate the following requirements must be met:

I.                 Have at least thirty years completed on the day of your appointment;

II.                Count on recognized prestige in the fields of communications, broadcasting and telecommunications;

III.               Not having been convicted of a criminal offence that warrants imprisonment for more than one year, and

IV.              That you have not worked with the respective dealers, as the case may be, for a previous period of two years.

Article 261. The hearing advocate will address the claims, suggestions, and complaints of the content and programming audiences, implementing mechanisms for Disabled audiences have accessibility.

Radio listeners or viewers must make their written claims and identify with name, last name, address, telephone and e-mail, in order to receive a individualized response. They shall also submit their claims or suggestions within a period not exceeding seven working days following the issuance of the programme that is the subject of the programme.

Received complaints, complaints, or suggestions, the defender will process them in the responsible areas or departments, requiring explanations that you consider relevant.

The defender shall respond to the radio listener or televident within a maximum of 20 working days by providing the answers received and, where appropriate, with the explanation which he or she deserves.

The correction, recommendation or corrective action proposal that is appropriate, must be clear and precise. It shall be disseminated within 24 hours on the electronic page which the broadcasting operator publishes for such purposes.

TENTH SECOND TITLE

Of The Asimetric Regulation

Chapter I

From Preponderance

Article 262. The Institute shall determine the existence of preponderant economic agents in the broadcasting and telecommunications sectors, and shall impose the necessary measures to prevent competition and free competition will be affected and, with this, the end users, and will include in the applicable, those related to information, offer and quality of services, exclusive agreements, limitations to the use of terminal equipment between networks, asymmetric regulation in tariffs and network infrastructure, including the unbundling of its essential elements and, where appropriate, the accounting, functional or structural separation of such agents.

For the purposes of the provisions of this Law, it shall be considered as a preponderant economic operator because of its national participation in the provision of broadcasting or telecommunications services, anyone who counts, directly or indirectly, with a national participation greater than fifty percent, measured this percentage either by the number of users, subscribers, audience, by the traffic in their networks or by the used capacity of the same, according to the data provided by the Institute.

The obligations imposed on the preponderant economic operator will be extinguished in their effects by the Institute's declaratory once, under the law, conditions of effective competition exist on the market. in question.

The Institute is empowered to declare at any time economic agents preponderant in the telecommunications and broadcasting sectors.

Article 263. The Institute shall establish the traffic measurement and capacity criteria of the public telecommunications networks of the concessionaires. In no case shall it be regarded as a traffic of the preponderant economic operator, which corresponds to another concessionaire which does not belong to the economic interest group of the preponderant, by virtue of the unbundling of the local public network of telecommunications of the preponderant economic operator.

Article 264. The Institute is empowered to declare economic agents with substantial power in any of the relevant markets in those sectors, in accordance with this Law and the Federal Law of Economic Competition.

When the Institute in the exercise of its powers in matters of economic competence, it warns the existence of elements that assume that there are no conditions of competition (a) effective in a market or affecting free competition and the conduct or involvement of economic operators who are not subject to the competence of the Institute in the field of telecommunications and broadcasting; Federal Economic Competition Commission to proceed in the terms of the law of the material.

Article 265. For the declaration of an economic agent as a preponderant and the imposition of the necessary measures to avoid affecting competition and free competition and thereby end users, in both the broadcasting and telecommunications sectors, the Institute will apply the following procedure:

I.                 The Institute shall notify the agent concerned of the draft declaratory as an alleged preponderant economic agent. A copy of the draft declaratory shall be annexed to the notification and the place where the file is located shall be indicated, as well as the address of the authority to which it shall appear;

II.                The presumed preponderant economic operator shall have a period of 15 working days, counted from the day following that in which the notification referred to in the preceding section takes effect, in order to state what he or she the right to provide the necessary proof elements, which must be related to the preponderance declaratory project.

In case of failure to appear within the deadline, it shall be presumed that there is no non-conformity or opposition of the alleged economic operator to the draft declaratory and the file shall be immediately taken for the final decision;

III.               Once the presumed preponderant economic agent appears, the Institute, through the authority determined in its statute, shall decide on the admission of the evidence offered and, if necessary, order to open a period of for their preparation and for a period of up to 15 working days.

All kinds of evidence will be received, except the confessional and testimonial by authorities, or those that are imparted, unnecessary, or contrary to morality and law.

The alleged economic agent is left in charge of carrying out all necessary steps and acts for their tests to be duly drowned within the time limit referred to above, otherwise they shall be deemed to be deserted.

If necessary, a hearing will be held in which the evidence will be given out nature so warrant, which must be carried out within the period of 15 days indicated above.

The opposition to the proceedings during the proceedings must be alleged by the alleged agent within the period of three days following the date on which it has verified the action it considers to be affecting it, in order to be taken into consideration in the final decision.

The proceedings of the proceedings shall be terminated, the alleged economic operator may make pleadings in a no longer than five working days. After the latter period, with or without pleadings, the file shall be turned to a resolution;

IV.              Should the Institute consider that it is necessary to establish the specific or asymmetrical measures to be imposed on the alleged economic operator, it shall order its processing on an incidental basis and shall settle in the definitive.

In the incident the alleged preponderant economic agent will manifest what to his right in respect of the measures which, where appropriate, have been determined, within a period not exceeding five working days from the day following that in which the notification of the opening of the incident takes effect, and may only offer the tests that are directly related to the measures proposed by the Institute.

If you do not demonstrate within the time limit mentioned above, it will be assumed that there is no Any non-compliance or opposition to the proposed measures and the incidental file shall be integrated for the purposes of the final decision, and

V.               The Institute shall have a period of 40 working days to issue the final decision, which shall be notified within a period not longer than 20 working days from the day following that in which the which is issued by the relevant authority and shall subsequently be published in the Official Journal of the Federation and on the website of the Institute itself.

This procedure will be applicable to the Federal Administrative Procedure Law, in so far as it does not object to the provisions of this Law.

Article 266. With regard to the broadcasting sector, the Institute may impose the following measures on the preponderant economic operator:

I.                 It must allow television dealers to restrict the retransmission of their signal:

a) Free and non-discriminatory;

b) Within the same geographical coverage zone, and

c) In full, concurrent and unmodified form, including advertising;

II.                For the purposes of the above fraction, you must allow the restricted television dealerships to retransmit their signal with the same quality of the signal being broadcast.

You will not be able to participate by itself or through groups related to trade links, organisational, economic or legal, in the invitations to tender referred to in section II of the Eighth Transitional Article of the Decree.

The Institute shall issue rules providing for cases where control or control power is deemed to exist as the result of the trade, organisational, economic or legal links referred to above.

In cases other than that referred to in the preceding paragraph, subject to the authorization of the Institute participation in the tendering of radio spectrum frequency bands for the provision of broadcasting services;

III.               Deliver separate accounting for broadcast dealerships;

IV.              Deliver to the Institute information on transmission sites, their location and technical characteristics;

V.               Present annually to the Institute the plans of modernization of its transmission sites;

VI.              The information referred to in the preceding sections IV and V shall be provided in the terms determined by the Institute, in order to know the operation and operation of its broadcasting services;

VII.             Allow broadcasters to access and use their passive infrastructure under any legal title, on non-discriminatory basis and without holding them to the acquisition of other goods and services. Dealers with 12 MHz or more radio spectrum in the locality concerned shall not be able to access the infrastructure sharing referred to in this fraction;

VIII.            Make a public offer of reference to the dealers referred to in the previous fraction, which contains the conditions, terms and rates applicable to the sharing of passive infrastructure necessary for the provision of the Licensed radio-broadcast television service;

IX.              Report to the Institute on the surplus capacity of passive infrastructure for the purpose of the above fraction;

X.               Allow users to use any receiving equipment that meets Mexican official standards;

XI.              Do not restrict access to advertising when this implies the displacement of its competitors or the affectation to free competition;

XII.             In contracts documenting the provisions of the previous fraction, market terms must be provided for;

XIII.            Publish on its website and provide the Institute with information on the various advertising services it offers on the licensed radio broadcast service;

XIV.           Refrain from applying discriminatory treatment in respect of the advertising spaces offered in the licensed radio broadcast service;

XV.            If you intend to acquire control, manage, establish commercial alliances or have direct or indirect shareholding in other broadcasting companies, you must obtain authorization from the Institute;

XVI.           Refrain from participating directly or indirectly in the social capital, administration or control of the preponderant economic agent in telecommunications;

XVII.          Refrain from participating directly or indirectly in companies carrying out the production, printing, marketing or distribution of printed media of daily circulation, whether local, regional or national, as determined by the Institute;

XVIII.         Provide services by observing the minimum levels of quality established by the Institute. These levels will be reviewed every two years;

XIX.           Refrain from establishing technical, contractual or any nature barriers that prevent or hinder other dealers from competing on the market;

XX.            Refrain from exclusively hiring rights to broadcast sports events with high levels of audience expected at the national level, for which the Institute will issue a list every two years in which it points out the reasons for those who consider that such abstention will bring about effective competition in the broadcasting sector;

XXI.           Refrain from participating, without the authorization of the Institute, in agreements with other economic agents for the acquisition of rights of transmission of audiovisual content to be broadcast in order to improve the terms of that acquisition;

XXII.          Restricted television dealers may ask the economic operator in the broadcasting sector to request the signals referred to in the first paragraph of this Article, provided that they are supplied by other means, provided that they do not is intended to optimise the retransmission and pay the said agent the consideration for such delivery at market prices;

XXIII.         You may only participate or remain in clubs for the purchase of broadcast audiovisual content or any similar figure, with the approval of the Institute, provided that the purchase does not have anticompetitive effects, and

XXIV.         Those additional specific measures deemed necessary by the Institute to prevent potential effects on competition.

The Institute's plenary session shall issue an opinion setting out at least:

a) The possible impact on the economic competition that is intended to be corrected, and

b) The reasonableness of the measures in relation to such affectation.

Article 267. As far as the telecommunications sector is concerned, the Institute may impose the following measures on the preponderant economic operator:

I.                 Submit annually to the Institute's approval the public offers of reference for the services of: (a) interconnection, which will include the draft interconnection framework agreement and the provisions of Article 132, (b) user visitor, (c) passive infrastructure sharing, (d) effective unbundling of the local public telecommunications network, (e) access, including links, and (f) wholesale resale services on any service that it provides in a retail manner;

II.                Submit for the authorization of the Institute the rates it applies: (i) to the services it provides to the public (ii) to the intermediate services it provides to other dealers, and (iii) to its operation in a disaggregated and individual manner the effect of preventing cross-subsidisation between services or schemes that displace competition. To this end:

a) You must submit, along with the request for authorization of the rates to the public, the commercial packages, promotions and discounts, and disaggregate the price of each service. Services may not be placed on the market or advertised in the media without the prior authorisation of the Institute.

The Institute will need to ensure that the public fees can be replicable by the rest of the dealers. For this purpose, the Institute shall draw up and publish the opinion for the authorization of the tariffs.

This opinion will have to analyse the costs of the preponderant economic operator to the rest of the dealers and those that apply to themselves, in order to prevent the commercial proposal from having as its object or effect to displace its competitors;

b) Intermediate services rates that provide other dealers must be equal to or less than those which it applies or imputes to its operation, except in cases where this Law has something different. Fees other than those authorised by the Institute may not be charged. The Institute shall deliver an opinion in order to avoid cross-subsidisation, price depredation or anti-competitive practices;

III.               Submit annually information on its: (i) wired, wireless and broadband network topology, including modernization or growth plans, (ii) central and other infrastructure elements to be determined by the the Institute, for which it shall detail, inter alia, physical and logical elements, its location by means of geo-referenced coordinates, technical specifications, hierarchy, functionalities and capabilities;

IV.              Allow interconnection and interoperability between public telecommunications network dealers at any feasible point, regardless of where they are located, and to provide for interconnection capabilities in terms of in which they are requested.

The pipeline for calling and short message termination on your networks will be awarded in the terms that this Act sets;

V.               With regard to telecommunications services that originate or end up within your network, you will not be able to offer your users commercial, quality and price conditions, different from those originating in the network of a third party and end up on your network, or originate from your network and end up in the network of another dealership;

VI.              They may not discriminate between the traffic of their own network and the traffic of other public telecommunications network dealers;

VII.             Provide services by observing the minimum levels of quality established by the Institute. These levels will be reviewed every two years;

VIII.            Do not establish obligations, conventional penalties or restrictions of any kind in the conventions that you hold, which have the effect of inhibiting consumers from choosing another service provider;

IX.              Provide the Institute with separate accounting information in detail, which will contain the breakdown of the account catalogue of all the companies of the agent, which will reflect, where appropriate, the implied discounts and cross-subsidies.

Separate accounts shall be adjusted to the rules and methodologies established by the Institute and shall be be based on international standards;

X.               Offer and provide services to public telecommunications network dealers on the same terms, conditions and quality as it offers itself.

To this effect it will have to address the requests and to provide the services of telecommunications to its competitors in the The same time and way in which it does in respect of its operation, under the principle the first to apply is the first to be attended. The Institute shall be empowered to determine the mechanisms to ensure compliance with this obligation, including delivery and installation times;

XI.              Allow users to use any terminal equipment that meets the standards set by the Institute, which will issue rules to ensure non-exclusivity, portability and interoperability of the same; and refrain from blocking terminal equipment so that they can be used in other networks;

XII.             All services or packaged goods may be purchased by users or competitors individually and disaggregated;

XIII.            You may not impose conditions that inhibit the portability of the telephone number, for which, at the request of the user, if other goods and services have been marketed, they must be individualized and invoiced in a manner independent;

XIV.           The billing and collection services that you provide to third parties must be granted in a non-discriminatory manner, with respect to third parties and those that lend to their operation;

XV.            Break down individually and in sufficient detail on the invoices you issue, each of the services you provide, in order to know the rates or prices applicable to each of them;

XVI.           Refrain from establishing technical or any nature barriers, preventing the establishment of telecommunications infrastructure or the provision of telecommunications services to other dealers with public networks. telecommunications;

XVII.          Provide measurement, appraisal, billing and collection services of services provided to its users by other dealers in non-discriminatory conditions and provide the necessary and accurate information for the billing and respective collection;

XVIII.         Act on non-discriminatory basis when providing commercial information regarding its subscribers, to subsidiaries, subsidiaries or third parties, without prejudice to the provisions of the Federal Law on the Protection of Personal Data in Possession of the Particulars;

XIX.           In the field of government procurement by agencies and entities of the Federal, State or Municipal Public Administration, the Federal District, the other federal authorities or autonomous agencies, it must:

a) Offer fees for all services in a disaggregated and individualized manner and, if applicable, authorized by the Institute, and

b) In cases where other dealers do not have infrastructure in certain locations and require the (a) the provision of certain intermediate services, including links, by the economic operator, must be set up in the provision of such services between the respective governmental body, the the dealer who must provide the service, the economic operator preponderant and the Institute. In this case, the tendering bases shall contain minimum obligations under the prevailing economic operator, to which the Institute must follow up, and

XX.            Those additional measures that the Institute believes are necessary to prevent monopolistic practices or to promote competition.

All interconnection services will be mandatory for the preponderant economic agent in telecommunications.

For the purposes of this Article, where reference is made to the services provided by the preponderant economic operator or to its operation, it shall be understood to include those services to provide subsidiaries, subsidiaries, affiliates or any other person who is part of the economic operator.

The measures referred to in this Article, including, where appropriate, their modifications, the information presented and the methodologies, shall be entered in the Public Register of Telecommunications and publication on the Institute's website at the date of issue.

Article 268. For the purposes of Article 267 (I), public tenders shall be submitted to the Institute in July of each year, who shall submit them for public consultation. for a period of thirty calendar days. After the consultation, the Institute will have thirty calendar days to approve or modify the offer, within which it will give the preponderant economic agent a view to show what is right.

The offer must be published through the Institute's website within the first fifteen days of the month of December of each year and shall enter into force for its duration start the first of January of the following year.

Article 269. The Institute may impose on the leading economic operator in the telecommunications sector the following specific unbundling obligations the local public telecommunications network:

I.                 Allow other public telecommunications network operators to disaggregate access to elements, assets and liabilities, services, capabilities and functions of their networks on tariffs non-discriminatory individual cases which do not exceed those set by the Institute.

Access must be granted at least, on the same terms and conditions as it offers itself, its subsidiaries or subsidiaries or other companies of the same economic interest group.

For the purposes of the above, elements of the local public telecommunications network shall be considered, the power stations of any type and hierarchy, radio-bases, equipment, master systems, test systems, access to network functionalities and other network elements that are necessary for the provision of the services to be provided, to the less, in the same way and terms as the preponderant economic agent does;

II.                Offer any type of access service to the local public telecommunications network, to the physical circuit that connects the terminal connection point of the network at the user's address to the telephone station or installation equivalent of the local public telecommunications network from which the service is provided to the user; and to the physical circuit connecting the termination point of that network at the user's address to a technically feasible point between the address of the end user and the telephone station or equivalent installation of the local public telecommunications network from which the service is provided to the user; whether a completely unbundled service is requested, shared service, shared without basic telephone service, data transfer, or whatever the technology allows and agrees with the the relevant concessionaire, or determined by the Institute;

III.               Subject to the Institute's approval no later than 30 June of each year, the public offers of reference for the sharing of passive infrastructure and unbundling of the local public telecommunications network.

The Institute shall submit the respective tenders or tenders to the public for a period of time Thirty calendar days. After the consultation, the Institute shall have forty-five working days to approve, and where appropriate, to modify the respective offer, within which time it shall give an opinion to the said agent to express what is at its right.

The offer in question must enter into force and be published through the Institute's website within the first fifteen days of the month of December of each year.

The respective offer will remain in force for the following year and should be updated in case of the preponderant economic operator offers, applies or invoices to public telecommunications network dealers new conditions, coverage or technologies;

IV.              Carry out the creation, development and implementation of processes, systems, installations and other measures that are necessary to enable the efficient and competitive provision of the elements and services (a) to disaggregation the other public telecommunications network dealers to be determined by the Institute. Among other elements and services, they will be included those related to fault reporting, co-location inside and outside the central of the preponderant economic agent network, establishment of quality levels of the service, billing processes, tests and approval of equipment, operating standards and maintenance processes.

For the definition of the measures referred to in the preceding paragraph and to ensure their due The Institute shall establish working groups to which the preponderant economic operator and the other public telecommunications network concessionaires referred to by the Institute shall be integrated. In addition, the working groups will address tasks related to the definition of the processes for the monitoring of the measures imposed by the Institute, technology to be used, topology, quality levels of services and creation of performance on associated operational, economic, administrative, commercial and technical factors.

The Institute will issue the rules for the installation and operation of the working groups and will resolve It will expedite the differences between its members. For the matters referred to in the above rules, the Institute may be assisted by the recruitment of a third party with proven experience;

V.               Allow other public telecommunications network operators to access, inter alia, the physical media, including the optical, technical and logical fibre of the local public telecommunications network belonging to the a preponderant economic operator, in accordance with the measures imposed by the Institute for such access to be effective.

The measures referred to in the preceding paragraph shall be considered as essential input for all necessary elements for the effective unbundling of the local public telecommunications network. In particular, dealers may choose the elements of the local network which they require from the preponderant agent and the point of access to it. These measures may include the regulation of prices and tariffs, technical and quality conditions, as well as their timetable for implementation with the aim of ensuring universal coverage and the increase in the penetration of the services of telecommunications;

VI.              Allow the access of other public telecommunications networks to the essential resources of their network, based on the cost model determined by the Institute, which should promote effective competition and to consider the best international practices, natural asymmetries of the networks and the participation in the sector of each concessionaire. The preponderant economic operator may not impose less favourable terms and conditions on the other dealers of such public networks than those offered to itself, its subsidiaries and subsidiaries and the undertakings forming part of it. economic interest group;

VII.             The Institute may act on its own initiative to ensure that in the unbundled access referred to in this Article there are conditions of non-discrimination, effective competition in the telecommunications sector, economic efficiency and maximum benefit for end users, and

VIII.            Those additional measures that the Institute believes are necessary to ensure effective disaggregation.

Article 270. The preponderant economic operator in the telecommunications sector must allow dealers and those authorized to market services to telecommunications in the geographical area of its concession, the possibility of offering its users, under the same methods of payment and in competitive conditions, the available mobile services, which in turn the economic agent preponderant in the telecommunications sector lends its users, who in a way enunciative, more non-limiting consist of:

I.                 Air time;

II.                Short messages;

III.               Data;

IV.              Value-added services, and

V.               Visiting user service.

Article 271. The preponderant economic operator in the telecommunications sector must allow dealers and those authorized to market services to telecommunications, select the infrastructure and platform to support your business model, as well as facilitate the integration of such a platform with the preponderant economic agent systems platforms.

Article 272. Dealers and authorized to market telecommunications services shall have the right to acquire the wholesale services indicated in the articles prior to the economic operator in the telecommunications sector and, where appropriate, the economic operator with substantial market power. For the establishment of wholesale prices of services between the leading economic operator in the telecommunications sector or in his case of the economic operator with substantial market power and the concessionaire, he must be supported. in a methodology which allows the dealer or the authorised dealer to sell the same services as the preponderant economic operator or, where appropriate, the economic operator with substantial market power in a competitive manner and to obtain a margin of reasonable and equitable utility, which at least is similar to that of the economic operator preponderant, in order to avoid being displaced by it. In order to determine that wholesale price, the Institute shall consider the price lower than the prevailing economic operator in the telecommunications sector and, where appropriate, the economic operator with substantial market power, copper or any of your clients or record, in respect of each service. The leading economic operator in the telecommunications sector and, where appropriate, the economic operator with substantial market power, will not be able to discriminate against wholesale traffic and the quality of the service must be equal to that which it receives. clients.

Article 273. The rates, conditions and terms of services that the preponderant economic agent in the telecommunications sector applies to the dealer or to the authorised to market telecommunications services, including the modifications which they suffer, as well as packages and promotions, must be authorised by the Institute.

Article 274. The convention that dealers or authorized to market telecommunications services and the leading economic agent in the sector Telecommunications shall not be subject to minimum or maximum levels of consumption. The agreement shall allow the concessionaire and, where appropriate, the authorised dealer:

I.                 Have and manage your own numbering or acquire it through your hiring with telecom public network dealerships;

II.                Carry your users to another dealership, and

III.               Other measures that support your business model; the integration of fixed and mobile services and effective competition in the telecommunications sector.

Article 275. The Institute will verify quarterly and sanction the non-compliance with the measures and the asymmetric regulation imposed on the economic operator. preponderant and, where appropriate, shall determine the extinction in its effects of all or some of the obligations imposed.

For the purposes of the preceding paragraph, the Institute may be assisted by an external auditor, expert and independent, to carry out the verification referred to in this Article.

If this is the case, prior to the hiring of the external auditor, the Institute will receive the opinion of the dealers concerned that they do not have the character of economic agents preponderant in the sector concerned and within the time limit set for that purpose.

The Institute or, as the case may be, the external auditor, shall make quarterly a report on compliance with the asymmetric obligations, obligations for unbundling of public network elements (a) local telecommunications and the fulfilment of its title to the granting of the predominant economic operator. In the case of telecommunications services, the quarterly report will include an opinion on the integration of prices and charges for services which the preponderant operator provides himself, to third parties and to final consumers.

The expenses and fees related to the performance of the external auditor's duties shall be covered by the Institute with the resources that are provided annually in its budget.

Article 276. If, as a result of its quality of preponderant economic agents, additional affections are caused to the competition and free competition even after the Institute has imposed on it the measures referred to in paragraphs III and IV of the Eighth Transitional Article of the Decree; as well as those provided for in this Title and related to the broadcasting and telecommunications sectors, respectively, the Institute may impose additional measures, which shall be directly related to the affectation in question.

The preponderant economic agent will cease to have such a character, when the Institute determines that its national participation, considering the variables used to declare it as preponderant, they were down below fifty percent.

The Institute will be able to declare this economic agent as preponderant for the same variables used, if its national participation is located in a new account above fifty percent. percent. This is without prejudice to the powers of the Institute to declare as preponderant to the same agent, by any of the variables established in the Constitution.

The preponderant economic agents will be able to present at any time to the Institute a plan that includes in the applicable, the structural separation, the disincorporation of assets, rights, social parts or actions or any combination of the above options, in order to reduce their national participation below fifty percent in the sector where they have been declared predominant and always with the implementation of such a plan will create conditions of effective competition in the markets (a) to integrate the telecommunications and broadcasting sectors, in accordance with the Federal Economic Competition Act. In this case it will proceed as follows:

I.                 The Institute will analyze, evaluate and, where appropriate, approve the proposed plan within one hundred and twenty calendar days following its presentation. If deemed necessary, it may extend that period for up to 90 days on a single occasion;

II.                For approval, the Institute shall determine that the proposed plan effectively reduces the national share of the preponderant economic operator to below fifty percent in the relevant sector; that the participation in the sector which the preponderant agent decreases, is transferred to another or other economic agents other than that of the preponderant economic operator and which does not have the object or effect of affecting or reducing social coverage existing;

III.               When approving the plan, the Institute shall set the maximum time limits for its implementation, ensure the effective separation and independence of those agents and establish the terms and conditions for such a situation to be duly established. safeguarded;

IV.              Once the approved plan has been implemented and the Institute has determined that there are conditions of effective competition in the markets that make up the sector concerned in accordance with the Federal Economic Competition Law and that none of the resulting agents or participants in the same updates the criteria to be considered as preponderant economic agent in the terms of this Law, the Institute will extinguish the obligations imposed on the economic agent in the resolutions which have declared it a preponderant, unless one of these agents has power (a) substantial in any of the relevant markets in which it participates, in which case, the obligations imposed on it as a preponderant economic agent or with substantial market power shall be maintained, until such time as the Institute imposes on you the measures that correspond in terms of the Federal Economic Competition Act;

V.               The above does not prevent the Institute from carrying out a new procedure to determine whether there is substantial power in any market by any of the economic agents in terms of the Federal Economic Competition Act, and

VI.              The Institute shall authorise the agents referred to in this Article to provide additional services or to transition to the single grant model provided that such authorisation does not result in adverse effects on competition. For the purpose of the Institute verifying that no adverse effects on competition are generated, 18 months must have elapsed from the implementation of the approved plan, during which time the agents must also prove to be in compliance with the applicable laws and their grant titles.

Article 277. The economic agents preponderant in the telecommunications sector and in the broadcasting sector, will be able to participate in calls for frequency bands of radio spectrum, provided that it is authorised by the Institute and that it adheres to the limits of the accumulation of radio spectrum that the effect determines.

Chapter II

Of the competition-promotion measures

Article 278. The measures to promote competition in television, radio, telephony and data services should be applied in all segments in such a way as to ensure effective competition in broadcasting and telecommunications as a whole.

Chapter III

Of Substantial Market Power

Article 279. The Institute is empowered to determine the existence of agents with substantial power in any relevant market in the broadcasting and telecommunications sectors, in terms of this Law and the Federal Economic Competition Act.

Article 280. The Institute shall declare whether an economic operator has substantial power in any relevant market in the broadcasting or telecommunications sectors, according to the the procedure laid down in the Federal Economic Competition Act, as well as the substantive provisions laid down in that law and in this Law.

Article 281. The Institute shall establish the specific obligations to the economic operator with substantial power as referred to in the previous Article, in accordance with the following procedure:

I.                 The Institute shall notify the agent of the draft regulation setting out the specific obligations to which it shall, where appropriate, be subject. A copy of the draft regulation shall be annexed to the notification and shall be given the place where the supporting file is located, as well as the address of the authority to which it shall appear;

II.                The economic operator with substantial power shall have a period of 30 working days, counted from the day following the notification referred to in the preceding section, in order to express what he or she is entitled to Please provide the test elements that you consider necessary, which should only be related to the regulatory project.

In case of failure to appear within the deadline, it shall be presumed that there is no non-conformity or opposition from the economic operator to the draft regulation and the file shall be immediately taken for the final decision;

III.               Once the economic operator appears, the Institute shall, by means of the authority determined in its statute, decide on the admission of the evidence offered and, where appropriate, order to open a period for its preparation and (i) no longer than 10 working days.

All kinds of evidence will be received, except the confessional and testimonial by authorities, or those that are imparted, unnecessary, or contrary to morality and law.

The economic operator shall be responsible for carrying out all the steps and acts necessary for his/her evidence is duly drowned within the time limit referred to, otherwise they shall be deemed to be deserted.

If necessary, a hearing will be held in which the evidence will be given out nature so warrant, which must be carried out within the period of ten days indicated above.

The opposition to the acts of procedure during the procedure must be alleged by the economic agent within three days of the date on which it has verified the action it considers to be affecting it, in order to be taken into consideration in the final decision.

The processing of the procedure shall be completed, the economic operator may make pleadings within a period not more than three working days. After the expiry of this period, with or without pleadings, the file shall be turned to a resolution, and

IV.              In the final decision, the Institute shall determine the specific obligations to be fulfilled by the economic operator concerned.

The Institute shall have a period of 15 working days to issue the final decision, which shall be notified to the economic operator within a period not greater than five working days from the day following that in which it is issued by the relevant authority and shall subsequently be published in the Official Journal of the Federation.

This procedure will be applicable to the Federal Administrative Procedure Law, in so far as it does not object to the provisions of this Law.

Article 282. The Institute may impose on economic agents with substantial power, specific obligations and limitations, according to the market or service concerned, among others, in the following subjects:

I.                 Information;

II.                Quality;

III.               Rates;

IV.              Commercial offerings, and

V.               Billing.

Article 283. Specific obligations and limitations shall be such as to ensure that competition and free competition are not affected, and the Institute shall not be limited to matters penalties provided for in the Federal Economic Competition Act will be applicable in the case of agents with substantial power. The Institute may also impose on the agent with substantial power the measures provided for in Articles 266 to 277 of this Law.

Article 284. Preponderant economic agents in the broadcasting or telecommunications sectors will be liable to be declared with substantial power, and the Institute may impose specific obligations on them as determined in accordance with the provisions of this Law.

Chapter IV

From Cross Property

Article 285. In cases of broadcast and telecommunications dealers serving the same market or geographical coverage area, which prevents or limits access to plural information in such markets and areas, the following shall be:

I.                 The Institute shall indicate to the concessionaire that it provides the restricted television service in question those channels of news or public interest information to be integrated into its services, to the extent that it is necessary to ensure access to plural and timely information, and

II.                The concessionaire must include at least three channels whose contents are predominantly produced by independent national programmers whose financing is mostly of Mexican origin, according to the rules that the Institute has in effect.

Article 286. When the dealer fails to comply with the above article, the Institute will impose the following limits:

I.                 The national or regional concentration of radio spectrum frequency bands for the provision of broadcasting services;

II.                The granting of new concessions for radio spectrum frequency bands for the provision of broadcasting services, or

III.               A cross-ownership of companies that control various media outlets that are broadcast and telecommunications dealers that serve the same market or geographical coverage area.

The above, without prejudice to the penalties that correspond to the terms of this Act.

Article 287. For the imposition of the limits referred to in the previous article, the Institute shall consider:

I.                 The restrictions or limitations on access to plural information, the existence of barriers to entry of new agents and the elements that are likely to alter both these barriers and the offer of other competitors in that market or coverage zone;

II.                The existence of other means of information and their relevance;

III.               The access possibilities of the economic operators and their competitors to essential inputs that enable them to offer similar or equivalent services;

IV.              The behavior during the previous two years of the economic agents participating in the said market, and

V.               The gains in efficiency that can derive from the activity of the economic agent that have a favorable impact on the competition and free competition process in that market and coverage zone.

Article 288. In the event that the measures imposed by the Institute in terms of the two preceding Articles have not been effective, the Institute may order the economic operator to disintegrate assets, rights or social parts from which it is the holder, in the party that is necessary to ensure compliance with those measures, in order to ensure the provisions of Articles 6 or 6. and 7o. of the Constitution.

Economic agents will have the right to present a disintegrating program to the Institute, who will approve or modify it by motivating their reasons.

In the resolution of disintegrating assets, the Institute shall provide a reasonable time limit for this.

THIRTEENTH TITLE

Single Chapter

Type Approval

Article 289. Products, equipment, devices or apparatus intended for telecommunications or broadcasting that may be connected to a telecommunications network or make use of the spectrum Radio-radio shall be approved in accordance with the applicable technical standards or regulations in accordance with the provisions of the Federal Law on Metrology and Standardisation.

The Institute may apply mutual recognition to the conformity assessment of products, equipment, devices or apparatus intended for telecommunications or broadcasting which have assessed its conformity in another State with which the Mexican Government has concluded an international agreement or treaty for these purposes.

The applicant for the approval for the products referred to in the preceding paragraph, must have domicile in the United Mexican States.

Article 290. The Institute shall develop, publish and keep up to date the procedures and guidelines applicable to the approval of telecommunications products, which shall serve as guidance to those interested in obtaining the corresponding certificate for a given product.

The Institute shall be responsible for any non-compliance related to the type-approval procedure submitted by the applicants, in order to take appropriate action.

The above guidelines should include a generic classification of products subject to approval and indicate the applicable rules or technical provisions in a partial or total manner, in consistency with This classification.

The guidelines should look at the following hierarchy of application of standards or technical provisions:

I.                 Mexican official standards;

II.                Technical provisions issued by the Institute;

III.               Mexican Standards;

IV.              Standards and technical provisions referenced in international treaties signed and ratified by our country;

V.               Standards and technical provisions issued by international standards bodies, and

VI.              Standards and technical provisions issued by regulatory or standardisation entities in other countries.

The Institute shall be empowered to accredit experts in the field of telecommunications and broadcasting, in support of the approval procedures.

FOURTH TITLE

Verification Regime

Single Chapter

From Verification and Surveillance

Article 291. The Institute shall verify and supervise, in the field of its competence, compliance with this Law, the provisions deriving from it, as well as the conditions and obligations established in the concessions, authorisations and other applicable provisions.

For this purpose, dealers, authorized and any related persons, will be obliged to allow the Institute's verifiers, the access to the company's domicile and facilities, as well as grant them all facilities, information and documentation to carry out the verification in the terms of this Law, including agreements and contracts made with third parties which are related to the subject matter of such concessions or authorizations.

Article 292. Dealers and persons with an authorization, when applicable, shall provide, assist, and provide accounting information for service, region, function, and components of their networks, for each of the concessions or authorizations granted, without prejudice to the information required at any time for the performance of the functions of the Institute.

Dealers who have public telecommunications networks will be required to provide the Institute with all the information regarding the topology of their networks, including capabilities, features and the location of the elements that make up them, as well as any of the elements that allow the Institute to know the operation and operation of the telecommunications and broadcasting services. They shall also be required to provide the Institute with any information to integrate the statistical acquis of the sector, without prejudice to the powers of the National Institute of Statistics and Geography.

The information referred to in this Article shall be presented in accordance with the methodology, format and periodicity that the Institute establishes for this purpose.

Article 293. The Institute will verify that licensees operating public telecommunications networks and authorized persons provide the public with complete and truthful information about the services of telecommunications they provide. The Institute shall verify compliance with this obligation and may define and modify its content and, where appropriate, order the suspension of the advertising of the information if it does not comply. The above, without prejudice to the powers conferred on the PROFECO.

Article 294. When a verification visit is initiated, the Institute considers that the concessionaire is incurring a monopolic practice for the conduct that is the subject of the verification. to the investigating authority, without prejudice to the continuation of the verification in question.

Article 295. The Institute shall establish the mechanisms necessary to carry out the verification of radio emissions, the identification of harmful interference and other disturbances to telecommunications and broadcasting systems and services in order to ensure the best functioning of services and the efficient use of spectrum.

Article 296. To enforce its determinations, the Institute may use, after warning, the following means of award:

I.                 Fine of 100 to 20,000 days minimum wage;

II.                Additional fine for each day that the Institute's verifiers are not allowed access to their facilities and all facilities are not granted for verification and/or the information or documentation is not delivered required, up to a maximum of ten calendar days, and

III.               The help of the public force.

The total amount of the fine may not exceed the amount of the dealer's guarantee bond that has been granted to the Institute or the competent authority prior to the entry into force of this Law.

If the award is insufficient, the competent authority may be asked to proceed against the rebel for disobedience to a legitimate mandate of competent authority regardless of the sanctions impose the Institute in terms of this Law.

For the purposes of section III of this article, federal authorities and law enforcement or law enforcement bodies shall issue the support requested by the Institute in an expeditious manner. In the case of public security bodies of the federal authorities or of the municipalities, the support shall be requested in the terms of the laws governing public security or, where appropriate, in accordance with the partnership agreements. The administrative authority to be held with the Federation.

In order to calculate the amount of fines imposed as award measures on the basis of minimum wage days, the minimum daily general salary in force in the Federal District of the day in which you are perform the behavior or update the assumption.

FIFTH TITLE

Sanctions Regime

Chapter I

General Provisions

Article 297. The infringements of this Law, the administrative provisions and the titles of concessions or authorizations, shall be sanctioned by the Institute under Chapter II of this Title and shall be dealt with in terms of the Federal Law of Procedure. Administrative.

Infringements of the Federal Economic Competition Act, by regulated subjects in the telecommunications and broadcasting sectors, shall be sanctioned by the Institute in terms of the provisions and taking into account the procedures laid down in that law.

The violations of the rights of the users established in this Law, committed by the dealers or authorized, will be sanctioned by the PROFECO in terms of the Articles 128 and, where appropriate, Article 128 Bis of the Federal Consumer Protection Act.

The Interior Secretariat will sanction the failure to comply with this law in terms of content, time of state, as well as, where appropriate, those provided for in other cases. applicable provisions; national channels, bulletins, the National Anthem, contests, as well as the reservation of television and audio channels restricted in accordance with the provisions of Chapter III of this Title.

The Institute will sanction the non-compliance with the maximum times established for the transmission of commercial messages and the obligations regarding the defense of the hearings, as to the provisions of Chapter IV of this Title.

Chapter II

Telecommunications and Broadcasting Sanctions

Article 298. The offences referred to in this Law and the provisions deriving from it shall be sanctioned by the Institute in accordance with the following:

A) With penalty for the equivalent of 0.01% up to 0.75% of the dealer's income or authorized, by:

I.                 Present notices, reports, documents, or information in an out-of-time manner;

II.                Contravenir the provisions concerning the approval of equipment and wiring, or

III.               Failure to comply with the registration obligations set out in this Act.

In the event that there is spontaneous compliance with the concessionaire and there is no requirement for an inspection or verification visit by the Institute, the sanction referred to above shall not apply. in this subsection.

In the event of the first infringement, the Institute will only admonish the infringer for the sole occasion.

B) With fine for the equivalent of 1% to 3% of the dealership's revenue or authorized by:

I.                 Block, interfere, discriminate, hinder or arbitrarily restrict the right of any user of the Internet access service;

II.                Hire exclusively, properties for the installation of telecommunications or broadcasting infrastructure, in contravention of applicable provisions or orders issued by the authority;

III.               Failure to comply with the obligations or conditions set out in the concession or authorization whose non-compliance is not sanctioned with revocation, or

IV.              Other violations of this Law, Regulations, administrative provisions, fundamental technical plans and other provisions issued by the Institute; as well as concessions or authorizations that are not expressly referred to in this Chapter.

C) With a fine for the equivalent of 1.1% up to 4% of the dealership's revenue or authorized by:

I.                 To conclude agreements that prevent the provision of services and advertising spaces to third parties;

II.                Offering in a discriminatory manner, advertising services and spaces;

III.               Do not observe the limits of maximum exposure for human beings to electromagnetic radiation, in accordance with applicable regulations;

IV.              Establish barriers of any nature that prevent the connection of the user's terminal equipment with other licensees that operate telecommunications networks;

V.               Failure to comply with the obligations laid down in this Law relating to collaboration with justice, or

VI.              dolefully provide wrong information from users, directories, infrastructure, or service collection.

D) With fine for the equivalent of 2.01% up to 6% of the dealer's income or authorized by:

I.                 Failure to comply with obligations relating to the operation and interconnection of telecommunications networks;

II.                Execute acts that prevent the performance of other dealers or entitled to do so;

III.               Intercept information that is transmitted by the public telecommunications networks, unless the competent authority is able to mediate;

IV.              Make modifications to the network without authorization from the Institute, which affect the operation and interoperability of the equipment;

V.               Do not set the necessary measures to ensure the confidentiality and privacy of user communications;

VI.              Contravenir the provisions or resolutions on tariffs established by the Institute, or

VII.             Incompliance with the levels of efficiency in the use of radio spectrum established by the Institute.

E) With fine for the equivalent of 6.01% to 10% of the income of the offending person who:

I.                 Pay telecommunications or broadcasting services without granting or licensing, or

II.                Interrupt, without justification or without authorization from the Institute, the total provision of services in populations where the concessionaire is the sole provider of the services.

Article 299. The income referred to in the previous article shall be the cumulative amount for the dealer, authorized or directly involved infringing person, excluding those obtained from a source of wealth located abroad, as well as the taxable if they are subject to a preferential tax regime for the purposes of the Income Tax of the last tax year in which the respective infringement was incurred. If not available, the calculation basis for the previous fiscal year will be used.

The Institute may ask the dealers, authorized or infringing persons, the necessary tax information referred to in this article to determine the amount of the fines mentioned in the article. above, being able to use for this purpose the means of award that this Law establishes.

In the case of those offenders who, for any reason, do not declare or have not been given a cumulative income for the purposes of the Income Tax or who have applied for them, they have not provided the tax information referred to in the foregoing Article, the following fines shall apply to them:

I.                 In the cases of Article 298 (A), fine up to the equivalent of eight million times the minimum wage;

II.                In the cases of Article 298 (B), fine up to the equivalent of forty-one million times the minimum wage;

III.               In the cases of Article 298 (C), fine up to the equivalent of sixty-six million times the minimum wage, and

IV.              In the cases of Article 298 (D) and (E), fine up to the equivalent of eighty-two million times the minimum wage.

To calculate the amount of the fines referred to on the basis of minimum wage days, the minimum daily general salary in force in the Federal District of the day on which the conduct is carried out shall be based on update the assumption.

Article 300. case of recidivism, the Institute may impose an equivalent fine up to twice the amount indicated.

You will be considered a repeat offender who has incurred a violation that has been sanctioned and caused a state, conduct other conduct prohibited by this Law, regardless of the same type or nature.

For the imposition of the sanctions, the recidivism shall not be considered to be the offence committed to the provisions of Article 298 (C) (A), II, V and VI of Sections I and II. As far as the last two fractions concerned are concerned, only with regard to the provision of information.

Article 301. To determine the amount of the fines set forth in this Chapter, the Institute shall consider:

I.                 The severity of the violation;

II.                The economic capacity of the offender;

III.               The recidivism, and

IV.              Where appropriate, the spontaneous fulfilment of the obligations which gave rise to the sanctioning procedure, which may be considered as mitigating the sanction to be imposed.

Article 302. The fines imposed by the Institute shall be enforced by the Tax Administration, through the procedures and provisions applicable to that body.

Article 303. Concessions and authorizations can be revoked for any of the following reasons:

I.                 Failure to initiate the provision of services within the prescribed time limits, except for the authorisation of the Institute;

II.                Execute acts contrary to the Law, which prevent the performance of other dealers with the right to do so;

III.               Failure to comply with the obligations or conditions set out in the concession or authorization in which it is expressly established that its non-compliance will be a cause of revocation;

IV.              Refuse to interconnect other dealers, to completely or partially disrupt the interconnection traffic or to hinder it without justifiable cause;

V.               Failure to comply with the provisions of the first paragraph of Article 164 of this Law;

VI.              Refuse the retransmission of the broadcast content in contravention of the provisions of the Law;

VII.             Change nationality or apply for protection from any foreign government;

VIII.            Assign, lease, tax or transfer the concessions or authorizations, the rights in them conferred or the goods affected thereto in contravention of the provisions of this Law;

IX.              Do not find out to the Treasury of the Federation the consideration or the rights that have been established in favor of the Federal Government;

X.               Failure to comply with the obligations offered which served as the basis for granting the concession;

XI.              Do not grant the guarantees that the Institute has established;

XII.             Change the location of the broadcast station without prior authorization from the Institute;

XIII.            Change the assigned frequency bands, without the authority of the Institute;

XIV.           Suspend, in whole or in part, more than fifty percent of the coverage zone, without justification and without authorization from the Institute for telecommunications services for more than twenty-four hours or for up to three calendar days in the case of broadcasting;

XV.            Failure to comply with the resolutions of the Institute that have been firm in cases of conduct linked to monopolistic practices;

XVI.           In the case of economic operators preponderant or with substantial power directly or indirectly benefiting from the rule of gratuitousness regarding the retransmission of television signals through other concessionaires, the grant to the latter as well;

XVII.          Failure to comply with the Institute's resolutions or determinations regarding accounting, functional or structural separation;

XVIII.         Failure to comply with the Institute's resolutions or determinations regarding local network disaggregation, disincorporation of assets, rights or necessary parts or asymmetric regulation;

XIX.           Use for purposes other than those requested, the concessions granted by the Institute under the terms provided for in this Law or for profit when in accordance with the type of concession this Law prohibits, or

XX.            The others provided for in the Constitution, in this Law and other applicable provisions.

The Institute shall immediately proceed to the revocation of the concessions and authorizations in the cases of fractions I, III, IV, VII, VIII, X, XII, XIII, XVI and XX. In other cases, the Institute may only revoke the grant or authorization where it has previously sanctioned the respective concessionaire at least twice for any of the reasons provided for in those fractions and such (a) penalties have been caused, except in the case provided for in part IX, in which case the revocation shall proceed if the same conduct has been carried out in that fraction. In these cases, for the purposes of determining the amount of the respective penalty, the provisions of Article 298 (E) of this Law shall be provided.

Article 304. The holder of a concession or authorization that has been revoked shall be disabled in order to obtain, on its own or through another person, new concessions or authorizations of the intended in this Law, for a period of five years from which the respective resolution has been signed.

Article 305. People who provide telecommunications or broadcast services, without grant or authorization, or who, by any other means, invade or obstruct the general communication, will lose to the Nation the goods, facilities and equipment used in the commission of these infractions.

Article 306. Who damages, damages, or destroys any of the general communications and broadcasting channels, any real estate or furniture used in the installation or The operation of a concession, totally or partially interrupting its services, will be punished with one year to eight years of imprisonment and fine of 7,000 to 36,000 minimum daily wages in force in the Federal District. If the damage is caused by using explosives or incendiary matter, the prison term will be twelve to fifteen years.

Article 307. The penalties referred to in this Chapter shall apply without prejudice to the civil or criminal liability resulting or, where applicable, the revocation of the respective concession.

Chapter III

Sanctions on Audiovisual Content

Article 308. The violations of the provisions of this Law and the provisions deriving from it in the field of audiovisual content shall be sanctioned by the Secretariat of the Interior, in accordance with the with the following:

A) With a one-time warning or fine for the equivalent of 0.01% up to 0.75% of the dealer's revenue, authorized or programmer, for submitting out of time notices, reports, documents, or information.

In the event that there is a spontaneous fulfillment of the authorized dealer or programmer and there is no need for an inspection or verification visit by the Secretariat of the Interior, apply the sanction referred to in this paragraph.

In case of the first infringement, the Secretariat of the Government will admonish the infringer for the sole occasion;

B) With a one-time warning or fine for the equivalent of 0.76% up to 2.5% of the dealer's revenue, authorized or programmer, by:

I.                 Failure to comply with the provisions of this Law on State times, national chains, bulletins, and contests, as well as the reservation of restricted television and audio channels;

II.                Exceed the length of time spent in the transmission of sponsorships for public-use dealers, or

III.               Do not attend to the classification and its descriptive categories as required by this Law and its regulatory provisions.

C) With fine for the equivalent of 2.51% to 5% of the dealer's revenue, authorized or programmer, by:

I.                 Include within sponsorships the marketing or sale of any product or service, dealing with public-use dealers, or

II.                Receive sponsorships in contravention of the provisions of this Law.

In the case of fractions I and III of point B) of this article, the provisions of section III of article 301 of the Law shall not be considered.

Article 309. In the case of the offences provided for in the previous Article, the penalties shall be deemed to be the intention of the offender.

Article 310. For the determination and quantification of the fines referred to in this Chapter, the provisions of this Title shall apply.

Chapter IV

Sanctions on Commercial Message Transmission and the Defense of Audiences

Article 311. It is for the Institute to sanction the following:

a) With a fine for the equivalent of double the income earned by the dealer derived from exceeding the caps maximum advertising transmission set out in this Law;

b) With a fine of 0.51% up to 1% of the dealer's, authorized or programmer's income, by:

I.         Do not make defense mechanisms available to the hearings;

II.        Do not appoint an advocate for hearings or not issue codes of ethics, or

c) With a fine of 100 to 500 minimum daily wages in force in the Federal District hearings by:

I.         Failure to comply with the obligations laid down in Articles 259 and 261 of this Law, or

II.        Do not comply with the general guidelines issued by the Institute on the minimum obligations for the defenders of the hearings.

In the event that there is spontaneous compliance of the dealer or the defender of the hearings, respectively, and there has been no requirement or verification visit or verification visit of the Institute, the penalty referred to in this paragraph shall not apply.

In the event of the first infringement, the Institute will only admonish the infringer for the sole occasion.

SIXTH TITLE

Single Chapter

Impeachment Media

Article 312. The Institute's general rules, acts or omissions may be challenged only by indirect protection and shall not be subject to suspension.

Article 313. In the case of the Institute's resolutions emanating from a procedure followed in the form of a trial, only the one that ends the proceedings can be challenged for violations committed in the resolution or during the procedure. The general rules applied during the procedure may only be claimed under the protection promoted against the resolution referred to.

In no case shall ordinary or constitutional remedies be admissible against intra-procedural acts.

Article 314. The indirect protection trials shall be substantiated by the judges and specialised courts established by the Federal Judicature Council in the field of competition, telecommunications and broadcasting.

Article 315. Corresponding to the specialized courts of the Judicial Branch of the Federation in matters of competition, telecommunications and broadcasting, disputes arising out of the application of this Law.

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TRANSIENT

FIRST. This Decree shall enter into force on the thirty calendar days following its publication in the Official Journal of the Federation, subject to the provisions of the following transitional provisions.

SECOND. The Federal Telecommunications Law and the Federal Law of Radio and Television are opened. The provisions of the Law of General Notice of Communication are left without effect in what they oppose to the provisions of the Federal Law on Telecommunications and Broadcasting that is issued by virtue of this Decree.

THIRD. The regulatory and administrative provisions and the official Mexican rules in force will continue to apply until the new orders that replace them are issued, except for oppose the Federal Telecommunications and Broadcasting Act, which is issued by virtue of this Decree.

FOURTH. The Federal Telecommunications Institute shall adapt its organic status to the Federal Telecommunications and Broadcasting Law within 60 calendar days of the entry into force of the This Decree.

QUINTO. The Federal Executive shall issue, within one hundred and eighty calendar days following the issue of this Decree, the regulatory provisions and guidelines on content established in the Federal Law on Telecommunications and Broadcasting that is issued by virtue of this Decree.

Broadcasting and television or restricted audio dealers may not promote video-games which have not been classified according to the applicable regulations, as the Federal Executive shall issue within the time limit referred to in the preceding paragraph.

SIXTH. The attention, processing and resolution of the cases and procedures which they have initiated prior to the entry into force of this Decree shall be carried out in accordance with the terms laid down in Article 7. of the Decree for which various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States on Telecommunications, published in the Official Journal of the European Union, are amended and added. Federation on June 11, 2013. This is without prejudice to the provisions of the Twentieth Transitional of this Decree.

SEVENTH. Without prejudice to the provisions of the Federal Law on Telecommunications and Broadcasting that are issued by virtue of the Decree, in the law and in the regulations that the Federal Institute of Telecommunications, concessions and permits granted prior to the entry into force of this Decree, shall be maintained in the terms and conditions entered in the respective titles or permits until their termination, unless obtain the authorisation to provide additional services to which they are granted or has transitioned to the single concession provided for in the Federal Telecommunications and Broadcasting Act, in which case the terms and conditions of the Federal Telecommunications Institute will be established.

In the case of radio spectrum concessions, they may not be modified as to the time limit for granting, the authorised coverage and the amount of Megahertz granted, nor the modification of the conditions for making or not making provided for in the title of the concession of origin and which have been decisive for the granting of the concession.

EIGHTH. Except as provided for in the articles Tenth and Tenth First Transients of this Decree, the present concessionaires may obtain authorization from the Federal Telecommunications Institute to provide additional services to which they are the subject of their concession or to transit to the single concession, provided that they are in compliance with the obligations laid down in the laws and in their concession titles. Licensees with radio spectrum concessions will be required to pay corresponding consideration in terms of the Federal Telecommunications and Broadcasting Act.

Dealers who have several concession titles, in addition to being able to transition to the single concession, will be able to consolidate their securities into a single concession.

NINTH. As long as there is a preponderant economic operator in the telecommunications and broadcasting sectors, in order to promote competition and develop viable competitors in the long term, require the approval of the Federal Telecommunications Institute for concentrations between economic operators which hold concessions, or for the granting of concessions and for any changes in control resulting from such concessions, Following requirements:

a.               Generate a sectoral reduction of the "ID" Dominance Index, provided that the Hirschman-Herfindahl "IHH" index does not increase by more than two hundred points;

b.               Have as a result that the economic agent has a percentage of sector participation less than twenty percent;

c.               That the concentration does not involve the predominant economic operator in the sector in which the concentration is carried out, and

d.               Do not have the effect of diminishing, damaging or preventing free competition and competition in the sector concerned.

By Index Hirschman-Herfindahl "IHH" means the sum of the squares of the units of each economic operator (IHH=Si qi2), in the sector corresponding to the case of the telecommunications sector with (a) the basis for the indicator for the number of subscribers and users of telecommunications services, and for the broadcasting sector on the basis of a hearing. This index can take values between zero and ten thousand.

To calculate the "ID" Dominance Index, the percentage contribution hi of each economic agent to the IHH index defined in the preceding paragraph (hi = 100xqi2/IHH) shall be determined first. The ID value will then be calculated by applying the Hirschman-Herfindahl formula, but now using the hi contributions instead of the qi participations (i.e. ID = Yes hi2). This index also ranges from zero to ten thousand.

Economic operators shall submit to the Federal Telecommunications Institute within 10 days of the concentration a written notice containing the information referred to in Article 89 of the Federal Economic Competition Act concerning the relevant sector as well as the elements of conviction that show that the concentration complies with the above.

The Institute shall investigate such concentrations within a period not exceeding 90 calendar days and in the event of finding that there is substantial power in the market for telecommunications networks providing voice, data or video or radio and television, depending on the sector concerned, may impose the necessary measures to protect and promote free competition and competition on that market, in accordance with the provisions of the Federal Law of Telecommunications and Broadcasting and the Federal Law on Economic Competition, without prejudice to the concentrations referred to in this Article.

The measures imposed by the Institute shall be extinguished once the preponderant economic operators are authorised to provide additional services.

DECIMAL. The preponderant economic agents and the concessionaires whose concession titles contain some prohibition or express restriction to provide certain services, prior to the initiation of the procedure to obtain authorization to provide additional services shall be accredited to the Federal Telecommunications Institute and the latter shall supervise the effective fulfilment of the obligations laid down in the Decree for which various provisions of Articles 6o are amended and added. 27, 28, 73, 78, 94 and 105 of the Political Constitution of the States United Mexicans, in the field of telecommunications, published in the Official Journal of the Federation on June 11, 2013, of the Law of Telecommunications and Broadcasting, as well as of the Federal Law of Economic Competition, its concession titles and applicable administrative provisions, as follows:

I.                 The preponderant economic agents must prove to the Federal Telecommunications Institute that they are in effective compliance with the foregoing and the measures issued by the Federal Institute of Telecommunications referred to in paragraphs III and IV of the Eighth Transitional Article of the Decree referred to above. To this end, the Federal Telecommunications Institute shall establish the form and terms for presenting the respective information and documentation;

II.                The preponderant economic operator must be in effective compliance with the measures referred to in the preceding part I at least for eighteen months on a continuous basis;

III.               After the period referred to in the previous section and provided that it continues to comply with the provisions of the above fraction, the Federal Telecommunications Institute shall decide and deliver an opinion in which the certify that effective compliance with the above obligations was met; and

IV.              Once the dealer has obtained the certification of compliance, he/she may apply to the Federal Telecommunications Institute for authorization of the additional service.

The provisions of this Article shall also apply in the event that the respective agents and dealers opt for the single concession.

The provisions of this Article shall not apply after five years after the entry into force of the Federal Telecommunications and Broadcasting Act, provided that the economic operator In the field of telecommunications, the preponderant is in compliance with the Eighth Transitional Article of this Decree, of the measures that have been imposed on it in accordance with the provisions of the sections III and IV of the Article Eighth Transitional of the Decree by which various provisions of Articles 6o are reformed and added, 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, in the field of telecommunications, published in the Official Journal of the Federation on 11 June 2013, and of those imposed by the Federal Institute of Telecommunications in the terms of the Federal Telecommunications and Broadcasting Act.

TENTH FIRST. The processing of the application referred to in the preceding article shall be subject to the following:

I.                 The preponderant economic agents and the concessionaires whose concession titles contain any express prohibition or restriction to provide certain services, must comply with the provisions of the The Federal Telecommunications Institute in terms of the Fourth Transitional Article of the Decree for which various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Constitution are amended and added telecommunications, published in the Official Journal of the Federation on 11 June 2013;

II.                When submitting the application, such agents and dealers must accompany the compliance report referred to in section III of the previous article, submit the information determined by the Federal Institute of Telecommunications in respect of the services it intends to provide;

III.               The Federal Telecommunications Institute shall decide on the origin of the application within 60 calendar days following its presentation, on the basis of the general guidelines which the effect will issue and determine the consideration to be given.

The time limit set out in the paragraph above without the Institute has resolved the relevant application, the same shall be deemed to be negative, and

IV.              In the application procedure, the Federal Telecommunications Institute must ensure that the granting of the authorization does not result in adverse effects on competition and free competition.

It will be understood that adverse effects on competition and free competition will be generated, among other factors considered by the Federal Telecommunications Institute, when:

a. Such authorization may have the effect of increasing the participation in the sector corresponding to the preponderant economic operator or of the economic interest group to which the dealers whose concession titles contain any prohibition or restriction on the provision of certain services, in respect of the participation determined by the Federal Telecommunications Institute in the decision by which it was declared a preponderant economic operator in the sector which corresponds.

b. The authorization of additional services shall have the effect of conferring substantial power on the relevant market to any of the dealers or members of the preponderant economic operator or of the dealers whose concession titles contain any prohibition or restriction to provide services determined in the sector concerned.

The provisions of this Article shall apply in the event that the respective agents and dealers opt for the single concession, and shall be independent of the economic sanctions which come under the law Federal Telecommunications and Broadcasting.

TENTH SECOND. The economic operator preponderant in the telecommunications sector may at any time opt for the scheme provided for in Article 276 of the Federal Telecommunications and Broadcasting Act or exercise the right of the latter. Article.

The leading economic operator in the telecommunications sector may submit to the Federal Telecommunications Institute a plan based on a real, concrete and specific situation of persons, include in the applicable, structural separation, total or partial disincorporation of assets, rights, social parts or shares or any combination of the above options to reduce their national share below the 50% of the telecommunications sector referred to in section III Article 8 Transitional of the Decree by which various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, in the field of telecommunications, are amended and added. published in the Official Journal of the Federation on 11 June 2013, in accordance with the variables and measurement parameters used by the Federal Telecommunications Institute in the relevant preponderance declaration, and provided that the implementation of that plan will result in conditions of effective competition in the the markets that make up the sector in accordance with the Federal Law on Economic Competition. In case the preponderant economic operator exercises this option, the following will be available:

I. When submitting the plan referred to in the preceding paragraph, the preponderant economic operator shall state in writing that it adheres to the provisions of this Article and that it accepts its terms and conditions; it shall also accompany the information and documentation necessary to enable the Federal Telecommunications Institute to know and analyse the proposed plan;

II. In case the Federal Telecommunications Institute considers that the information presented is insufficient, within 20 working days following the presentation of the plan, it will prevent the preponderant economic agent from presenting the missing information within 20 working days. If the preponderant economic agent does not fail to prevent the prevention within the prescribed period or that the Institute's documentation or information is not sufficient or suitable for the analysis of the proposed plan, it may be (ii) to make a second prevention in the terms indicated in advance and if the latter is not to be carried out, the plan shall not be submitted, without prejudice to the fact that the economic operator may submit a new proposal for a plan in terms of of this Article;

III. Attended the prevention in the formulated terms, the Federal Telecommunications Institute will analyze, evaluate and, if necessary, approve the proposed plan within one hundred and twenty calendar days. Where the Institute considers it necessary, it may extend that period up to two times and up to 90 calendar days each.

To approve this plan, the Federal Telecommunications Institute will have to determine that it effectively reduces the national participation of the preponderant economic operator below fifty years. In the case of the telecommunications sector referred to in Article 8 (3) of the Transitional Decree of the Decree referred to above, it creates conditions of effective competition in the markets which make up the said sector in the terms of the Federal Law on Economic Competition and which does not have as its object or effect affect or reduce existing social coverage.

The plan must have as a result that the participation in the sector which the preponderant agent decreases, is transferred to another or other different economic agents and independent of the agent preponderant economic. In approving the plan, the Federal Telecommunications Institute shall ensure the effective separation and independence of such agents and shall establish the necessary terms and conditions for such a situation to be properly safeguarded;

IV. In the event that the Federal Telecommunications Institute approves the plan, the leading economic operator in the telecommunications sector will have up to ten working days to show that it accepts the plan and consents to the plan. expressly the tariffs resulting from the application of the (a) and (b) of the second paragraph of Article 131 of the Federal Telecommunications and Broadcasting Act, and fractions VI to VIII of this Article.

Accepted the plan by the preponderant economic agent, it cannot be modified and must be executed in its terms, without the agent being able to return to exercise the benefit granted by this article and without prejudice to the possibility of opting for the provisions of Article 276 of the Federal Telecommunications and Broadcasting Act;

V. The plan must be executed during the 365 calendar days after it has been accepted in terms of fraction IV. The economic agents involved in the plan should report on the periodicity established by the Federal Telecommunications Institute on the process of implementation of the plan. If the preponderant economic agent proves that the failure to comply with the plan within the time limit is due to causes that are not attributable to him, he may ask the Federal Telecommunications Institute for an extension, which may be to grant for up to 120 calendar days, for the sole occasion and as long as such causes are duly justified;

VI. As from the date on which the economic operator preponderant in the telecommunications sector has accepted the plan and during the period referred to in the previous section, it shall be applied provisionally between the economic operator preponderant in the telecommunications sector and other concessionaires, the reciprocal traffic compensation agreements referred to in the first paragraph of Article 131 of the Federal Telecommunications and Broadcasting Act, and shall be suspended between them. rates resulting from the application of points (a) and (b) of the second subparagraph of that Article;

VII. The Federal Telecommunications Institute will certify that the plan has been effectively implemented within the time limit set in the V fraction of this article. To this end, within 5 working days of the end of the period of execution or, where appropriate, at the end of the relevant extension, the Federal Telecommunications Institute shall initiate the studies demonstrating that its implementation (a) Gender conditions of effective competition in the markets that make up the telecommunications sector, in accordance with the Federal Economic Competition Act.

Granted the certification referred to in the preceding paragraph, the traffic compensation agreements referred to in the first paragraph of the first subparagraph shall apply in general for all dealers. Article 131 of that Law;

VIII. In case the plan is not executed within the time limit referred to in the V fraction or, where appropriate, at the end of the relevant extension, or the Federal Telecommunications Institute denies the certification referred to in the previous section or determine that the plan has not been fully complied with in the approved terms, the reciprocal traffic compensation agreements and the suspension of the tariffs referred to in points (a) and (b) of Article 131 of the Law will be left without effect. Federal Telecommunications and Broadcasting, between the leading economic operator in the sector of the (a) telecommunications and other concessionaires, and their application shall be rolled back to the date on which the suspension began, with the agent having to restore to the other dealers the quantities corresponding to the application of the said tariffs. In this case, the abovementioned dealers may compensate the amounts to be returned against other amounts due to the preponderant economic operator;

IX. The Federal Telecommunications Institute shall authorise the economic operator who proposed the plan and the economic operators resulting from or forming part of that plan, the provision of additional services to which they are subject to their concession or their (a) transit to the single concession model, on the basis that it certifies that the plan has actually been implemented and provided that conditions of effective competition are created with the implementation of that plan in the markets of the telecommunications in accordance with the Federal Economic Competition Act;

X. Once the Federal Telecommunications Institute certifies that the approved plan has been effectively implemented, it will extinguish:

a. The decisions by which he has determined the economic operator as a preponderant in the telecommunications sector and the asymmetrical measures imposed on him in the terms of the provisions of section III and IV of the Article Eighth of the Decree referred to above, and

b. The resolutions by which you have determined the economic operator with substantial power in any market, as well as the specific measures imposed on you.

TENTH THIRD. The Federal Executive, through the Secretariat of Communications and Transport, will take actions to install the shared public telecommunications network referred to in the article Tenth Sixth Transitional of the Decree for which various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, in the field of telecommunications, are amended and added the Official Journal of the Federation on 11 June 2013.

In case the Federal Executive requires spectrum bands released by the transition to Digital Terrestrial Television (700 MHz band) to grow and strengthen the shared network identified in the paragraph the Federal Telecommunications Institute shall grant them directly, provided that such network is maintained under the control of an entity or public dependency or under a public-private partnership scheme.

TENTH QUARTER. The Federal Telecommunications Institute shall implement a professional service system within one hundred and eighty calendar days following the entry into force of this Decree, which shall contain, inter alia, recognition of the rights of workers of the Federal Telecommunications Commission who are certified as professional service workers.

TENTH FIFTH. The Federal Telecommunications Institute shall install its Advisory Board within one hundred and eight calendar days following the entry into force of this Decree.

TENTH SIXTH. The Secretariat of Communications and Transport must establish the mechanisms to carry out the coordination provided for in Article 9, fraction V of the Federal Law on Telecommunications and Broadcasting, within one hundred and eighty days. natural following the entry into force of this Decree.

TENTH SEVENTH. The broadcasting permits which are in force or in the process of endorsing the entry into force of this Decree, shall be subject to the corresponding concession scheme within the year following the entry into force of the Federal Law on Telecommunications and Broadcasting, in the terms established by the Institute. The permits which have been granted to the powers of the Union, the States, the governing bodies of the Federal District, the municipalities, the autonomous constitutional bodies and institutions of higher education of a public nature shall be transit to the public concession scheme, while the remaining permits granted must be granted to the social concession scheme.

To transit to the relevant concession scheme, the permissionaries shall submit a request to the Federal Telecommunications Institute, which shall decide on the conduct, within 90 working days.

As long as the transition is made, these permits will be governed by the provisions of the Federal Telecommunications and Broadcasting Law for concessions for public or social use, as the case may be.

In case of failure to comply with this article, the permits shall be valid.

TENTH EIGHTH. The Federal Telecommunications Institute shall issue within one hundred and eighty days following the entry into force of the Federal Telecommunications and Broadcasting Act, the work programme for the reorganising of radio spectrum to radio and television stations referred to in point (b) of section V of the 10th transitional article of the Decree for which various provisions of the Articles are amended and added 6o., 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the States United Mexicans, in the field of telecommunications, published in the Official Journal of the Federation on June 11, 2013. In the determination of the work programme, the Institute will seek the development of the relevant market for radio, the migration of the greatest number of stations from the band AM to FM, the strengthening of the conditions of competence and continuity in the provision of services.

TENTH NINTH. The digital terrestrial transition will culminate on December 31, 2015.

The Federal Executive, through the Secretariat of Communications and Transport, will implement the programs and actions linked to the policy of transition to digital terrestrial television, for delivery or distribution of receiving equipment or set-top boxes referred to in the third paragraph of Article 5 of the Decree on which various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Constitution are amended and added. United States policy in the field of telecommunications, published in the Official Journal of the Federation on 11 June 2013.

The Federal Telecommunications Institute shall conclude the transmission of analogue television signals broadcast throughout the country by 31 December 2015 at the latest, once a level of Ninety per cent penetration of low-income households defined by the Social Development Secretariat, with receivers or set-top boxes suitable for receiving digital television signals.

For the above, the Federal Telecommunications Institute shall conclude the analogue radio broadcast signals early to 31 December 2015, by area of coverage of those signals, once the the level of penetration referred to in the preceding paragraph is reached in the area concerned.

The Secretariat for Communications and Transport and the Federal Telecommunications Institute will carry out dissemination campaigns for the delivery or distribution of equipment and for the conclusion of the transmission of analogue signals. television, respectively.

Radio operators and broadcasters will be required to make all the necessary investments and facilities for transit to digital terrestrial television by 31 December at the latest. 2015. The Federal Telecommunications Institute will monitor the due performance of the above obligation.

In case of the dates for the early conclusion of the analogue television signals broadcast by area of coverage or from which to 31 December 2015, the current permissionaries operating stations of radio-broadcast with an apparent radiated power less than or equal to 1 kW for VHF channels and 10 kW for UHF channels, no terrestrial digital television signals are being transmitted, and/or the level of penetration has not been achieved referred to in the third and fourth paragraphs of this Article, whether in any region, locality or throughout the country; the Federal Telecommunications Institute will have to establish a program for the population to continue receiving this public service of general interest, as long as the permits initiate digital transmissions and/or reach the penetration levels noted in this article.

The legal, administrative or regulatory provisions shall be repealed in so far as they are contrary to the present transitional provisions.

TWENTIETH. The Federal Telecommunications Institute shall apply Article 131 of the Federal Telecommunications and Broadcasting Act and other applicable interconnection matters in terms of the Federal Telecommunications and Broadcasting Act, and shall ensure due compliance with the obligations laid down in those provisions, which shall be enforceable without prejudice and independent of the fact that, at the entry into force of the Law, the existence of a preponderant economic operator and the necessary measures have already been determined to prevent competition and free competition from being affected according to the fraction III of the Eighth Transitional Article of the Decree for which various provisions of the Articles are amended and added 6o., 7o, 27, 28, 73, 78, 94 and 105 of the Mexican Constitution, in the field of telecommunications, published in the Official Journal of the Federation on 11 June 2013.

For the purposes of Article 131 (b) of the Federal Telecommunications and Broadcasting Act, and until such time as the dealers referred to in that paragraph do not agree on interconnection charges or, where appropriate, the Institute does not resolve any dispute with respect to those tariffs, those currently applicable shall remain in force, except in the case of the economic operator referred to in the second paragraph of Article 131 of the Law in appointment, to which point (a) of the same Article shall apply.

TWENTIETH. For the attention, promotion and supervision of the rights of the users provided for in the Federal Law on Telecommunications and Broadcasting, and in the Federal Law on Consumer Protection, the PROFECO will have to create a specialized area with no level less than Subprocuratorate, as well as the necessary structure for this, according to the budget approved by the Chamber of Deputies for this purpose.

TWENTY SECOND. The Federal Telecommunications Institute shall issue the general administrative provisions referred to in Title Eighth of the Federal Telecommunications and Broadcasting Act, within a maximum period of 90 calendar days from the entry into force of this Decree.

TWENTIETH THIRD. The budgetary impact generated by the entry into force of this Decree on personal services, as well as the establishment of new privileges and activities Charge of the Federal Telecommunications Institute shall be covered by the budget approved annually by the Chamber of Deputies to that body.

TWENTIETH QUARTER. In accordance with the provisions of the Articles Tenth, 6th, Sixth and 10th transitional provisions of the Decree on which various provisions of Articles 6o are amended and added, 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, in the field of telecommunications, published in the Official Journal of the Federation on 11 June 2013, the last paragraph of Article 14 of the Law of Revenue of the Federation for Fiscal Year 2014.

TWENTIETH FIFTH. The provisions of Article 118, part V of the Federal Telecommunications and Broadcasting Act, shall enter into force on 1 January 2015, so from that date the dealers of Public telecommunications networks providing fixed, mobile or both services will not be able to charge long-distance national charges to their users for calls made to any national destination.

Without prejudice to the above, the concessionaires must perform the consolidation of all the existing local service areas in the country in accordance with the guidelines that the Federal Institute of Telecommunications. Each dealer shall bear the costs arising from such consolidation.

Also, the Federal Telecommunications Institute, within one hundred and eighty days after the entry into force of this Decree, must define the points of interconnection to the public telecommunications network of the economic operator preponderant or with substantial power.

The administrative decisions which have been issued shall be without effect as far as the provisions of this transitional provision are concerned.

Dealers shall maintain the numbering assigned to them for the purpose of using them for intelligent network services in their reverse charge modalities and other special services, such as numbers 900.

TWENTIETH SIXTH. The Federal Executive shall forward to the Senate of the Republic or, as appropriate, to the Permanent Commission, the proposal for the designation of the President of the Public Broadcasting System of the Mexican State, within 30 calendar days following the entry into force of this Decree.

The Senate or, where appropriate, the Permanent Commission, shall appoint the President of the System within thirty calendar days following the one in which the Federal Executive is receiving the proposal.

TWENTIETH SEVENTH. Representatives of the Secretaries of State who are part of the Government Board of the Public System of the Mexican State shall be appointed within 60 calendar days of the Entry into force of this Decree.

28TH. The designation of members of the Citizen Council of the Public System of Broadcasting of the Mexican State shall be made within sixty calendar days following the entry into force of the This Decree.

TWENTIETH NINTH. The President of the Public Broadcasting System of the Mexican State shall submit to the Governing Board, for approval, the draft Organic Statute, within ninety calendar days following your appointment.

30TH. As of the entry into force of this Decree, the decentralized body called the Promoter of Audiovisual Media, is transformed into the Public Broadcasting System of the Mexican State, which will have the human resources, Budget, financial and material of the agency cited.

As long as the Organic Statute of the Public System of Broadcasting of the Mexican State is issued, it will continue to apply, in that it does not oppose the Law of the Public System of Broadcasting of the Mexican State, the Statute Organic from the Promoter Body of Audiovisual Media.

The labour rights of the staff of the Promoter Agency for Audiovisual Media shall be respected in accordance with the law.

30TH FIRST. The human, budgetary, financial and material resources of the Promoter of Audiovisual Media will become part of the Public Broadcasting System of the Mexican State. the name of its President, without prejudice to the employment rights of its employees.

THIRTY-SECOND. The Secretariat of Government must coordinate with the authorities that correspond to the exercise of the powers that the Federal Telecommunications Law establishes in the field of monitoring Broadcasting.

The Chamber of Deputies shall allocate the necessary resources to ensure the proper exercise of the privileges referred to in this transitional provision.

THIRTY-THIRD. The Federal Telecommunications Institute shall issue the guidelines referred to in Article 158 (III) of the Federal Telecommunications and Broadcasting Act, within a period not greater than 180 calendar days from the day following the entry into force of this Decree.

30TH QUARTER. The Chamber of Deputies will have to allocate to the Public Broadcasting System of the Mexican State economic resources in accordance with its objectives and functions, for which it will have to consider:

I.                 Your growth plans;

II.                Your operating expenses, and

III.               Your financial balance.

THIRTY-FIFTH. With the exception of the provisions of Article Twentieth Transitory, for which the Federal Telecommunications Institute is obliged to apply Article 131 of the Federal Law of Telecommunications and Broadcasting, which is issued by virtue of this Decree and any other applicable in terms of interconnection in terms of the same, the administrative decisions which the Federal Telecommunications Institute has issued prior to the entry into force of this Decree on preponderance continue to have all its effects.

THIRTY-SIXTH. The Federal Telecommunications Institute within 180 days after the entry into force of this Decree, shall carry out the corresponding studies to analyse if necessary establish mechanisms that promote and encourage dealers to include a programmatic bar aimed at the children's public, in which culture, sport, environmental conservation, respect for human rights, higher interest of children, gender equality and non-discrimination.

30TH SEVENTH. For the purposes of the authorities of the prosecution of justice referred to in section I of article 190 of the Federal Law of Telecommunications and Broadcasting, the provisions of The Federal Telecommunications Law in the area of geographical location in real time until the National Code of Criminal Procedures enters into force.

30TH EIGHTH. The Federal Telecommunications Institute shall issue within sixty working days following the entry into force of the Federal Telecommunications and Broadcasting Act, the rules (e) administrative requirements that eliminate requirements that may delay or prevent the number portability and, where appropriate, promote the use of electronic means.

The rules referred to in the preceding paragraph shall ensure effective portability and shall be carried out within a period not longer than 24 hours counted from the application made by the holder of the number respective.

To carry out such a portation only the identification of the holder and the manifestation of will of the user will be necessary. In the case of moral persons, the procedure must be carried out by the representative or legal proxy who accredits his personality in terms of the applicable regulations.

THIRTY-NINTH. For the purposes of Article 264 of the Federal Telecommunications and Broadcasting Act, the Federal Telecommunications Institute shall initiate, without prejudice to the provisions of the Ninth Transitional of this Decree, within the thirty calendar days after its entry into force, the investigation procedures that correspond in terms of the Federal Law of Economic Competition, in order to determine the existence of economic operators with substantial power in any of the relevant markets in the telecommunications and broadcasting sectors, including the national audio and video market associated with public telecommunications networks and, where appropriate, the imposition of measures corresponding.

40TH. The economic operator preponderant in the telecommunications sector or the agent with substantial power in the relevant relevant market, shall be required to comply with the provisions of Articles 138, VIII, 208 and Article 267 of the Federal Law on Telecommunications and Broadcasting, as from its entry into force.

40TH FIRST. The institutions of higher education of a public nature, which at the date of entry into force of this Decree, have the means of broadcasting referred to in Articles 67 II and 76 fraction II of the Federal Telecommunications and Broadcasting Act, will not receive additional budget for that object.

42ND. The concession to install, operate and operate a public telecommunications network which, in the terms of the Article Tenth Transitional Article of the Decree for which various provisions of Articles 6o, 7o, 27, 28, are reformed and added 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, in the field of telecommunications, must be transferred by the Federal Electricity Commission to Telecommunications of Mexico. Articles 140 and 144 of the Federal Telecommunications and Broadcasting Act, exclusively in respect of contracts in force at the date of publication of this Decree which have been concluded between the Federal Electricity Commission and those natural or moral persons who, under the same Law, are to be considered as end users.

Such contracts will be transferred by the Federal Electricity Commission to Telecommunications of Mexico, together with the corresponding concession title. Telecommunications of Mexico shall yield those contracts in favour of other dealers authorised to provide services to end users within six months of the date on which they were transferred.

In case there is technical, legal or economic impediment to Telecommunication of Mexico being able to cede the said contracts, these will remain in force until the date in them indicated for their termination, without them being renewed or extended for new periods.

43RD THIRD. Within a period not exceeding 36 months from the date of entry into force of this Decree, the signs of commercial use dealers which transmit radio-broadcast television and cover more than fifty percent of the territory national language, in the programming that they broadcast from 06:00 to 24:00 hours, excluding advertising and other cases established by the Federal Institute of Telecommunications, taking into account international best practices. Federal public authorities which are publicly owned radio broadcasting companies shall be subject to the same obligation.

44TH QUARTER. In relation to the obligations established in terms of accessibility for persons with disabilities referred to in the Federal Law on Telecommunications and Broadcasting for the defenders of the hearings, the concessionaires will have a deadline of up to ninety calendar days from the entry into force of this Decree to initiate appropriate adjustments and mechanisms.

40TH FIFTH. The restriction to access the infrastructure sharing of the preponderant economic agent in broadcasting, provided for in Article 266 (VII) of the Federal Law of Telecommunications and Broadcasting shall not be applicable to the concession or concession-holders of the new digital television channels open to it referred to in Part II of the Eighth Transitional Article of the Decree for which it is retrain and add various provisions of Articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of The Political Constitution of the United Mexican States, in the field of telecommunications.

Mexico, D.F., to 08 July 2014.-Sen. Raul Cervantes Andrade, President.-Dip. José González Morfin, President.-Sen. Maria Elena Barrera Tapia, Secretary.-Dip. Angelina Carreno Mijares, Secretary.-Rubicas."

In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby issue this Decree in the Residence of Power Federal Executive, in Mexico City, Federal District, at fourteen of July, two thousand fourteen.- Enrique Peña Nieto.-Rubrias.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Rubrica.