SATELLITE COMMUNICATION RULES
Published in the DOF on August 1, 1997
DOF Fe 4 August 1997
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, exercising the power conferred on me by Article 89, part I of the Constitution of the United States of America. United Mexican States, I have had to issue the following
SATELLITE COMMUNICATION REGULATION
ARTICLE 1. This order is intended to regulate the Federal Telecommunications Law in respect of satellite communication.
ARTICLE 2. In addition to the provisions of Article 3 of the Federal Telecommunications Act, for the purposes of this Regulation, the following definitions shall apply:
I. Control Center: the or the earth stations that operate in an integrated way and that have the associated equipment of telemetry, tracing and command, to control the operation of one or more satellites, according to their approved technical parameters, thus as their orbits and transmissions, and to avoid harmful interference;
II. Commission: the Federal Telecommunications Commission;
III. Communication via satellite: the emission, transmission or reception of radio waves, through a satellite system, for specific telecommunications purposes;
IV. Satellite link: the means of transmission that is established between earth stations through a satellite system;
V. Master terrestrial station: the terrestrial station of a telecommunications network, intended to control communication services from, to or from other stations terrestrial of that network;
VI. Terminal terrestrial station: the one used by the end user to transmit or receive signals from the satellite services provided to it;
VII. Law: Federal Telecommunications Law;
VIII. Satellite operator: the person who, by granting or allocating to occupy geostationary or satellite orbital positions assigned to the country, with their respective associated frequency bands, operates and operates a satellite system, allowing it, exclusively, to make available its satellite capacity to third parties, as provided for in Article 28 of this Regulation;
IX. Satellite service provider: the person who has the grant, permission or authorization, as the case may be in terms of the Law and this Regulation, which allows him to provide satellite services through terrestrial stations, his own or third parties as the case may be, and the use of the capacity of a national, foreign or international satellite system;
X. Satellite: object placed in a geostationary orbital position or in a satellite orbit, provided with a space station with its associated frequencies, which allows it to receive, transmit or relay radio signals from or to earth stations or other satellites;
XI. Foreign satellite: the one located in a geostationary orbital position or satellite orbit, with their respective bands of associated frequencies, assigned to a foreign government by the International Telecommunication Union;
XII. International Satellite: the one that is located in a geostationary orbital position or satellite orbit, with their respective associated frequency bands, assigned by the International Telecommunication Union to an organization inter-governmental satellite communication, established under multilateral international treaties to which Mexico is a party, and which carries out the operation thereof;
XIII. National Satellite: the one that is located in a geostationary orbital position or satellite orbit, with their respective frequency bands associated, concessioned or assigned by the Mexican Government to a satellite operator, and assigned to Mexico by the International Telecommunication Union;
XIV. Satellite services: radio communication services that are provided through terrestrial stations, which make use of satellite capacity of one or more national, foreign or international satellites, in the associated frequencies for such effect, and
XV. Satellite system: one or more satellites, with their associated frequencies, and their respective control centers, which operate in an integrated way to make available satellite capability for the provision of satellite services.
The terms and definitions that are not contained in this Regulation or in the Law shall be interpreted in accordance with the provisions of the International Telecommunication Union approved in accordance with the procedure outlined in section I of article 76 of the Political Constitution of the United Mexican States, without prejudice to the faculty of the Secretariat to interpret this Regulation for administrative purposes.
OF CONCESSIONS FOR NATIONAL SATELLITES
ARTICLE 3. It is up to the Secretariat to manage the coordination procedures with the International Telecommunication Union and other countries, for the allocation to the country of geostationary orbital positions and satellite orbits, with their respective frequency bands associated.
The Secretariat may initiate such efforts on its own, or at the request of an interested party.
ARTICLE 4. The concessions to occupy geostationary orbital positions and satellite orbits assigned to the country, and to exploit their respective bands of associated frequencies, will be awarded by public tender, whose convocation will be published in the Official Journal of the Federation.
The public tender bases for each call will include at least:
I. The location of the geostationary orbital positions or, where applicable, the satellite orbits with their respective assigned frequencies, or in the process of coordination, which are intended to be concessionary;
II. The requirements to be met by the stakeholders to participate in the tender, including:
A. The description of the technical specifications of the satellite system to be installed, with their respective control centers and the characteristics of power, frequency and coverage of service, national and international;
B. The description of the satellite services to be provided;
C. The business plan, which will comprise the investment and financial program;
D. Documentation that accredits legal, technical, financial, and administrative capacity, and
E. The favourable opinion of the Federal Competition Commission, in the terms of the call;
III. The period of validity of the concession, and the terms under which it will be, if applicable, liable to be extended;
IV. The terms to participate; the criteria for selecting the winner, and the grounds for declaring the tender to be void, for which consideration will be given to the Article 17 of the Law. In the case of public tenders in which the auction method has been adopted, the selection of the winner shall be in favour of the participant who, having met the required requirements, offers the highest economic consideration, and
V. The terms under which satellite capacity will be reserved for the operation of national security networks and social services, in favor of the State.
ARTICLE 5. The concession title to occupy geostationary orbital positions and satellite orbits assigned to the country, and to exploit their respective associated frequency bands shall contain at least:
I. The name of the dealership;
II. The coordinates assigned to the orbital position or, in the case of satellite orbits, the characteristics of the trajectories;
III. The associated frequency bands;
IV. The technical specifications of the satellite system;
V. The geographic coordinates of the or control centers;
VI. The coverage area, the capacity for the national territory, and the minimum power required;
VII. The satellite capacity reservation for the State;
VIII. The services that the dealership can provide;
IX. The period of validity;
X. The deadline for putting the satellite into orbit;
XI. The consideration that, if any, the concessionaire must cover for the granting of the concession;
XII. Where applicable, the social coverage obligations of the dealership;
XIII. The amount and the way to ensure compliance with the obligations of the concessionaire, and
XIV. The other rights and obligations of the dealership.
ARTICLE 6. Satellite operators shall cover the national territory in all cases where, by the location of the orbital position or the path of the orbit satellite, this is technically feasible.
When the satellite is replaced, operators must maintain at least the same satellite capacity to provide services in the national territory, which, if necessary, will be necessary to meet domestic demand, may be reduced or increased as provided for in the concession title.
ARTICLE 7. To promote the efficient development of telecommunications and assist in the performance of its functions or object, the Secretariat may make the direct allocation of geostationary and orbital orbital positions with their frequencies. associates, agencies and entities of the Federal Public Administration.
The allocation will be granted in the case of majority state participation companies in whose capital the Federal Government is temporarily involved for the purposes of In terms of the Federal Law on ParaState Entities and other applicable provisions to assure the State of the best conditions.
OF CONCESSIONS ON FOREIGN SATELLITE SIGNALS
ARTICLE 8. Those interested in obtaining concession to exploit the rights of emission and reception of signals from frequency bands associated with foreign satellite systems that cover and can provide services in the national territory, once concluded the treaties referred to in the first paragraph of Article 30 of the Law and, if required, the other complementary instruments, shall, to the satisfaction of the Secretariat, submit a request containing at least:
I. The location of the orbital position or satellite orbits and associated frequencies recorded or in coordination processes, as well as the name and documentation of the operator foreign satellite;
II. The technical specifications of the foreign satellite system, specifying the characteristics of coverage on national territory;
III. The documentation certifying the contractual relationship between the foreign satellite operator and the person who would exploit the system on national territory;
IV. The technical specifications of the terrestrial transmitting stations that the data subject intends to install on national territory, for which it will require public network concession telecommunications, and terrestrial stations located abroad which, if necessary, would send signals to the national territory, as well as to the terminal earth stations to be installed in the country;
V. The portion and technical characteristics according to which the concessionaire will make available its satellite capacity to third parties or, where appropriate, the description of the services Satellite-based satellite systems which are intended to be provided, as well as the technical specifications of the control centre, master earth stations on national or foreign territory, and terminal earth stations;
VI. The business plan, which will comprise at least the coverage, investment and financial program;
VII. The documentation that accredits your legal, technical, financial, and administrative capacity;
VIII. The favourable opinion of the Federal Competition Commission;
IX. The documentation showing that the persons concerned shall maintain control of the services provided in the national territory, for which they must prove:
A. That they have the necessary technical resources to present to the Commission information relating to traffic originating in or destined for national territory;
B. That the foreign satellite operator assumes the obligation to address the instructions of the concessionaire, in relation to the services provided on Mexican territory;
C. That the foreign satellite operator assumes the obligation to meet the information requirements related to the services provided on Mexican territory, which formulate the Secretariat or the Commission, and
D. That the dealership will use a specific numbering to identify the terminal earth stations of the users in the country.
Once the request has been received by the Secretariat, the Commission will analyse and evaluate the relevant documentation, and may require additional information from stakeholders.
Upon the Commission's opinion, and once satisfied, to the satisfaction of the Secretariat, the required requirements shall be granted by the Secretariat.
Concessions shall be granted within a period not greater than 120 calendar days from the date on which the application is duly integrated.
ARTICLE 9. In addition to the specific conditions to comply with the provisions of the previous Article's IX fraction, the title of the concession to exploit the rights of the emission and reception of signals from frequency bands, associated with foreign satellite systems, covering and providing services in the national territory, shall contain at least the provisions of Article 5 above, except for Fractions V, VII and X.
When the validity is concluded or, for any reason, the treaties referred to in the first paragraph of Article 30 of the Law are terminated in advance, or suspended or (a) to partially conclude its effects, under which the concessions referred to in this Section are granted, the concessionaires may not continue the operation of the concession or part thereof, as appropriate, after the they sell the time limits set by the Secretariat.
The above, without prejudice to other treaties or multilateral agreements to which the country is a party.
ARTICLE 10. The concessions referred to in this Section will be granted as long as the technical coordination of the foreign satellite has been approved by the Mexican Government, following the procedures established by the International Telecommunication Union.
ARTICLE 11. The Federal Government, through the Secretariat, may require economic consideration for the granting of the concessions referred to in this Regulation, without prejudice to other contributions to be made to the Federal Government in accordance with the provisions of this Regulation. applicable provisions.
In the public tender procedures referred to in Article 4 of this Regulation, in which the delivery of an economic consideration is contemplated, it shall be entered in one or more exhibits, which must have been fully covered at the time the concession is granted.
ARTICLE 12. The concessions provided for in Article 11, fractions III and IV, of the Law, will be granted for up to 20 years and may be extended for up to the same time as originally established, in the case of the Secretariat.
The time limits set by the Secretariat for the concessions referred to in Article 11 (III) of the Law and its renewals shall be in line with the time limit for the satellite to be put into orbit; useful life of the satellite; and, where appropriate, the useful life of the replacement satellite, and may be extended by failures or losses in the launch or operation of the satellite not imputable to the concessionaire.
For the granting of the extensions of the concessions referred to in this article, it will be necessary for the concessionaire to comply with the conditions laid down in the concession to be extended; request it before it starts the last fifth of the period of the concession, and accept the new conditions laid down by the Secretariat itself. Applications thus submitted shall be resolved within a period not exceeding 180 calendar days.
ARTICLE 13. The Commission may, after the opinion of the concessionaires and permits, modify the technical and operational characteristics of the concessions and permits referred to in this Regulation in the following cases:
I. When required by the public interest;
II. For national security reasons;
III. For the introduction of new technologies;
IV. To fix disruptive interference problems;
V. As a result of international coordination procedures, carried out by the Secretariat or by the Commission, as the case may be, and
VI. To comply with international treaties and inter-institutional agreements signed by the Mexican Government.
ARTICLE 14. Granted the concessions referred to in this Chapter, an extract of the respective title shall be published in the Official Journal of the Federation at the expense of the person concerned, within the following 60 calendar days.
When in terms of law, the validity of the concessions will be terminated, the Secretariat will publish in the Official Journal of the Federation the notice to the public concerned.
ARTICLE 15. in order to exploit telecommunications services through one or more of their own terrestrial stations, the parties concerned must obtain a public telecommunications network in accordance with Article 24 and the other applicable Law.
When the network has been installed and the concession referred to in the previous paragraph is provided, and new terrestrial transmission stations are intended to be integrated into the same network; Interested parties should only obtain permission from those provided for in Chapter III below.
When it is exclusively intended to install and operate one or more terrestrial transmission stations without, therefore, involving the operation of telecommunications or telecommunications services. capacity of the station or stations, the persons concerned must obtain permission from those provided for in Chapter III below.
ARTICLE 16. When the Secretariat grants concessions as provided for in Article 11, fractions III and IV of the Law, and the operation of the services requires a public telecommunications network concession, the latter shall be granted in the same act administrative, provided that the person concerned has satisfied the requirements laid down for the latter type of concessions.
OF PERMISSIONS TO SET TRANSMITTING EARTH STATIONS
ARTICLE 17. Those interested in obtaining permission to install and operate terrestrial transmitting stations shall submit a request to the Secretariat, which shall contain at least:
I. Name of the requester;
II. Technical project and program of installation and investment, including the terrestrial transreceptor stations that will be linked to one or more satellites;
III. Space segment capacity and the type of signal you intend to use, and
IV. The coverage area and the type of services to be offered.
Once the request has been received by the Secretariat, the Commission will analyse and evaluate the relevant documentation, and may require additional information from stakeholders.
Upon the Commission's opinion, and once satisfied, to the satisfaction of the Secretariat, the required requirements shall be granted by the Secretariat.
The permits shall be granted within a period not exceeding 90 calendar days from the date on which the application is duly integrated.
ARTICLE 18. The permission to install and operate transmitting earth stations will contain at least the following:
I. The name of the permissioner;
II. Dealing with buildings, the location of the building where the station is installed and its geographical coordinates;
III. The associated frequency bands in which the transmissions will be performed;
IV. The orbital position of the satellite or satellites to be used or orbital path covered by the earth station, as appropriate;
V. The services that the permissioner can operate;
VI. The technical specifications of the or the stations;
VII. How to ensure compliance with the obligations in charge of the permit, and
VIII. The other rights and obligations of the permit.
ARTICLE 19. The permits for transmitting terrestrial stations shall remain in force provided that the technical and operational characteristics which have been originally specified in the permit are not varied, unless the prior authorization of the permit is obtained. Commission.
When the satellites to which their transmissions are directed are foreign, they must be covered by the reciprocity treaties referred to in Article 30 of the Treaty. Law.
ARTICLE 20. Without prejudice to the granting or permission that, if any, is required for the provision of telecommunications services, the Secretariat may exempt from permit requirements to transmitting terrestrial stations that comply with the standards national and, where appropriate, international, and their geographical location and operational characteristics ensure that harmful interference is not caused to other telecommunications systems by:
I. The inclusion of the stations to a generic permission, replacing individual permissions by station, and
II. The issue by the Commission of provisions establishing the general characteristics of the stations.
OF SIGNATORIES TO INTERNATIONAL SATELLITE BODIES
ARTICLE 21. The Secretariat, considering the efficient development of telecommunications and after the Commission's opinion, may authorize one or more natural persons or Mexican Morales, to be rights holders as signatories to international satellite organizations, to provide services on national territory, provided that:
I. The statutes or rules governing such organizations so permit;
II. The stakeholders meet the requirements set by the Secretariat;
III. Interested parties agree to pay the economic consideration for the granting of the authorization which, for that purpose, establishes the Secretariat;
IV. In the case of moral persons, foreign investment does not exceed 49 percent;
V. Interested parties present the evidence documentation referred to in Article 8 (IX) above, and
VI. Interested parties are obliged to comply with the obligations laid down by the Law and this Regulation for satellite operators.
Once the authorization is granted, it will be published in the Official Journal of the Federation, at the expense of the person concerned, within the following 60 calendar days.
OF THE COMMON PROVISIONS TO SATELLITE OPERATORS AND SATELLITE SERVICE PROVIDERS
ARTICLE 22. Satellite operators and satellite service providers must provide services under satisfactory conditions of quality, competitiveness, continuity and permanence, and refrain from applying discriminatory practices or cross-subsidies between competing services or through their affiliated companies, subsidiaries or subsidiaries, among others.
ARTICLE 23. Where a satellite operator or a satellite service provider has substantial power on the relevant market, in the opinion of the Federal Competition Commission, the Commission may lay down specific obligations, in the case of rates, quality of service and information, for which you will attend the following procedure:
I. The Commission shall notify the satellite operator or satellite service provider of the initiation of the procedure;
II. The satellite operator or satellite service provider shall have a period of 15 working days following its notification, in order to express in writing what is appropriate and to provide the elements it considers relevant;
III. If the elements provided by the satellite operator or satellite service provider require the use of the information, the Commission must carry out the same within a period of no more than 15 working days following receipt of the letter. the satellite operator or satellite service provider, and
IV. Received the letter from the satellite operator or satellite service provider, or after the deadline for submitting it in accordance with section II of this article and, where appropriate, the stage provided for in the previous section III, the The Commission must resolve the matter within the next twenty-five working days. Where the Commission does not issue a resolution within the abovementioned time limit, it shall be understood that it shall not establish specific obligations to the satellite operator or satellite service provider.
The Commission may, before issuing a resolution, carry out verification visits and make up all the elements it deems necessary. The time limits laid down in Sections II to IV of this Article shall be extended for up to two occasions, for the same term, where the complexity of the case so requires in the Commission's judgment.
The Federal Competition Commission or users who conclude or intend to conclude satellite service contracts with satellite operators or satellite service providers with substantial power on the relevant market, may request the Commission to establish specific obligations relating to tariffs, quality of service and information, in which case the latter will carry out the procedure to which it refers this article.
When the satellite operator or the satellite service provider considers that the circumstances under which it was considered to have substantial power on the market have been concluded The Commission may request the Federal Competition Commission to do so in order to ensure that the Commission leaves the specific obligations which it has set out to be without effect.
ARTICLE 24. In the cases referred to in the previous Article, the specific obligations established by the Commission to the satellite operator or satellite service provider may include, inter alia, the following:
I. Subject to the approval of the Commission the rates to be applied in the services concerned;
II. To provide the service to whom it requests, provided that it has the available satellite capacity, is technically feasible, and the user adjusts to the market conditions offered in a general manner by the concessionaire;
III. Refrain from interrupting the traffic of telecommunications signals without the prior authorisation of the Commission;
IV. To attribute to its affiliates, subsidiaries or subsidiaries the same rates as authorized by the Commission; and
V. Provide information regarding the available capacity, the assignment of transponders, and the technical characteristics of their operations.
The above, without prejudice to the obligation of operators and satellite service providers to register fares, in terms of Article 61 of the Act.
ARTICLE 25. Satellite operators or satellite service providers may conclude capacity-booking contracts with their users. Such contracts shall be valid for a maximum of 180 calendar days from the date of their signature.
If, within the period referred to in the preceding paragraph, the respective user does not initiate operations, satellite operators or satellite service providers shall do so. available the reserved capacity to other applicants, if any, in strict order of submission of the corresponding application. If there are no other applicants, they may extend the validity of the capacity reserve contracts first concluded for up to a period equal to the original contract. In each extension, they shall make available their capacity to third parties in terms of this paragraph.
In the event that the procurement relates to a satellite that is not in operation, the 180 calendar day period shall be counted from the date on which the satellite starts regularly operations.
ARTICLE 26. Satellite operators or satellite service providers may only transmit, disseminate or propagate audio, video or audio and associated video signals, to be directly received by the general public, either in bands assigned to broadcasting services or in other frequency bands, provided that the service providers have the concessions required in terms of the Federal Radio and Television Law.
ARTICLE 27. The Commission will issue general administrative provisions to which satellite operators and satellite service providers will be subject, shall be issued on the basis of the objectives of Article 7 of the Act.
OF THE SERVICES THROUGH NATIONAL SATELLITES
ARTICLE 28. Satellite operators will only be able to make available their satellite capacity to persons with public telecommunications network concession or permission from the provided for in Article 31 of the Law.
Satellite operators who intend to provide services to persons other than those referred to in the preceding paragraph, shall perform such services through their affiliated companies, subsidiaries or subsidiaries that have a public telecommunications network concession or a telecommunications service marketer's permit.
Except for the provisions of the first paragraph of this article, the contracts to be concluded by the operators so that, with the satellite capacity, satellite services are provided in the abroad, which do not originate or end on national territory.
ARTICLE 29. Satellite operators must reserve a portion of their capacity in each frequency band, which will be used by the State for free, exclusively for national security networks and for social services.
The capacity portion to be reserved in favor of the State shall be established in the corresponding concession title.
The Secretariat and the satellite operator may agree that the reserved capacity for a frequency band is reallocated in other bands. The reserve capacity may not be used by the operator even if it is not required by the Secretariat, unless otherwise authorized by the Secretariat.
The Secretariat will be responsible for managing the reserved satellite capacity. The additional use by the agencies and entities of the Federal Public Administration, and other public institutions, will be covered by the authorized budgets, and in ordinary commercial terms.
The quality of transmission that satellite operators provide for services that are provided using the capacity reserved to the State must be equal to the one they offer in the other services.
ARTICLE 30. Satellite operators must:
I. Take responsibility for the control and operation of the satellites;
II. Make the necessary facilities so that, from the control centres, they have the possibility to limit or interrupt, at all times, the emissions of the satellite or the satellites concerned, at the request of the Commission, and
III. Ensure that the service is delivered with due quality and continuity, even when the satellite is replaced.
ARTICLE 31. Users with whom the satellite operators have concluded contracts at the time of the replacement of a satellite will have a preference for contract the capacity of the substitute satellites, provided that they accept the non-discriminatory conditions offered by the satellite operator.
OF SERVICES THROUGH FOREIGN SATELLITES
ARTICLE 32. The telecommunications services that may be provided in the national territory through foreign satellites, will be those that are contemplated in the international treaties on the matter which the Mexican Government has concluded with the countries of origin of those satellites.
For the initiation of the negotiations of the treaties, the Mexican Government will consider that, on the part of the satellite operators and, where appropriate, the satellite service providers (a) Mexican, present or future conditions exist for the provision of competitive telecommunications services in the country with which such treaties would be signed.
ARTICLE 33. Satellite service providers that exploit the emission and reception rights of frequency bands associated with satellite systems In order to provide services for telecommunications by subscription, foreigners must have a system for user control, approved by the Commission, which allows them, at all times and independently for each service, to give discharge or low to each user from the national territory.
ARTICLE 34. The direct or indirect activation, if any, of equipment receiving the signals of frequency bands associated with foreign satellite systems, or any other form of commercial exploitation of such signals, within the territory national, shall require the granting of those provided for in Article 8 of this Regulation.
The equipment must have the type-approval certificate issued by the Commission in order to promote and enable its use without requiring users to acquire equipment from a trade mark or specific provider.
ARTICLE 35. The billing and collection of satellite capacity or telecommunications services to be provided through the exploitation of the emission and reception rights of frequency bands associated with satellite systems foreign nationals, who cover and provide services on the national territory, shall be carried out within the national territory in accordance with applicable Mexican provisions.
When the concession to exploit the rights of emission and reception of signals from frequency bands associated with foreign satellite systems, it consists in making available capacity The concession holder shall observe the provisions of the first and second paragraphs of Article 28 above.
ARTICLE 36. On the exploitation of the rights to issue and receive signals from frequency bands associated with foreign satellite systems, the Secretariat may, after the Commission's opinion, reject the inclusion of signals from stations. Transmissioners located in countries that do not allow the landing of signals from Mexican satellites in their territory.
In case a satellite service provider receives or issues signals from terrestrial stations located in other countries, it shall give notice to the Commission.
OF SERVICES THROUGH INTERNATIONAL SATELLITES
ARTICLE 37. Signatories of international satellite organizations will be able to provide national and international services, without the need for grant or permission, on the basis of the international treaties, this Regulation, the authorization granted to them by the Secretariat and the other provisions issued by the Commission.
ARTICLE 38. In the provision of satellite services through international satellites, Articles 33 to 35 of this Regulation shall apply.
OF THE COORDINATION OF GEOSTATIONARY ORBITAL POSITIONS AND SATELLITE ORBITS, AND THEIR ASSOCIATED FREQUENCY BANDS
ARTICLE 39. Where satellite operators intend to add or modify the services covered by their concession, the Commission shall initiate the appropriate coordination with the International Telecommunication Union within a period not exceeding 20 days. from the date on which the person concerned has given him, duly integrated, the necessary documentation for this purpose.
In conclusion of the coordination, the Commission shall issue the appropriate authorisation within 20 working days.
ARTICLE 40. In the procedures for coordinating the allocation of frequency bands associated with geostationary orbital positions or satellite orbits, the Commission shall address and process applications which, in accordance with the provisions of the international, present other countries to the Mexican Government.
Likewise, it will identify in the publications of the International Telecommunication Union the harmful interferences that could be caused by the coordinated satellite systems or in the coordination process of other countries, or other reasons for objecting to the coordination, in which case it will present the corresponding comments in a timely manner, requesting, by the applicable legal mechanisms, the inclusion of the government Mexican in the ongoing coordination procedure.
ARTICLE 41. The satellite operators must establish mechanisms that allow them to identify in a timely manner those satellite networks, coordinated or in the process of coordination, which could affect the operations of their satellite systems.
If they identify potential harmful interference, they should inform the Commission, accompanying the relevant studies and documentation. The Commission, if necessary, will request the inclusion of the Mexican Government in the process of coordination with the International Telecommunication Union.
ARTICLE 42. In the case of harmful interference caused by or caused by the satellite systems or terrestrial transmission stations, the Commission shall provide the necessary measures and time limits to correct them.
Trying to interfere with telecommunications services related to the security of human life, basic services, radio navigation services or national security services, the Commission shall order the immediate suspension of the operations of the cause of the transmissions, whichever is the case, and, if necessary, take the necessary steps to do so.
ARTICLE 43. The receiving earth stations referred to in Article 34 of the Law shall be subject to protection against harmful interference, provided that:
I. The interested party submits an application to the Commission and is in favour of it, and
II. Such stations shall be coordinated, notified and registered in the international frequency register of the International Telecommunication Union, in accordance with the relevant international provisions.
ARTICLE 44. The equipment that makes up the receiving or transmitting earth stations which are placed on the market, installed and operated in the national territory, shall have the corresponding type-approval certificate issued by the Commission.
Persons who, without the provision of those provided for in this Regulation, intend to sell, lease, market or under any title to carry out the distribution of Terrestrial receiving stations to the general public, to be installed and operated in the national territory, shall give notice to the Commission not less than ten calendar days in advance of the date of commencement of their operations.
OF VIOLATIONS AND PENALTIES
ARTICLE 45. The violations of the provisions of this Regulation shall be sanctioned by the Secretariat in accordance with the following:
A. With a fine of 10,000 to 20,000 minimum wages for:
I. To direct transmissions of transmitting terrestrial stations to foreign satellites, which are not covered by the reciprocity treaties referred to in Article 30 of the Law;
II. Provide services using international satellites, without authorisation from the Secretariat;
III. Transmit, disseminate or propagate audio, video or audio and video signals associated in contravention of the provisions of Article 26 of this Regulation;
IV. In the case of satellite operators, do not reserve the percentage of their capacity in each frequency band established by the Secretariat in the corresponding concession title;
V. To provide telecommunications services in the national territory through foreign satellites, different from those covered by international treaties in the field of the Mexican Government has concluded with the countries of origin of those satellites, and
VI. Do not address the immediate suspension of operations ordered by the Commission, in the case of interference with telecommunications services related to the security of life human, basic services, radio navigation services or national security services.
B. With a fine of 7,000 to 15,000 minimum wages for:
I. Continue the operation of transmitting terrestrial stations when the technical and operational characteristics that have been originally specified in the permit, without authorization from the Commission, vary;
II. In the case of satellite operators or satellite service providers referred to in the second paragraph of Article 35 of this Regulation, providing satellite services to persons other than public network dealers telecommunications or permissionaries provided for in Article 31 of the Law;
III. In the case of satellite operators, do not make the transmission of the services that are provided using the capacity reserved to the State with the same quality as the offer in the rest of its services;
IV. Carry out the activation of equipment that receives signals from frequency bands associated with foreign satellite systems, or any other form of use commercial of such signals, within the national territory, without the grant of those provided for in Article 8 of this Regulation;
V. Do not do the billing and the collection within the national territory, the satellite capacity or the telecommunications services that are provided through the exploitation of the rights of emission and reception of signals of bands of frequencies associated with foreign satellite systems, covering and providing services on the national territory, and
VI. Market, install or operate equipment that makes up the receiving or transmitting earth stations without the corresponding type-approval certificate issued by the Commission.
C. With a fine of 2,000 to 10,000 minimum wages for:
I. In the case of the signatories of international satellite organizations, to provide national and international services in violation of the provisions of the Law, international treaties, this Regulation, to the authorization that grants them the Secretariat or other provisions issued by the Commission;
II. Do not correct any harmful interference caused by or cause satellite services in the terms and deadlines set by the Commission, and
III. Other violations of the provisions of this Regulation that are not provided for by the Act.
In case of recidivism, the Secretariat may impose an equivalent fine up to twice the amount indicated.
For the purposes of this Regulation, the minimum wage, the general daily minimum wage in force in the Federal District at the time of the infringement, is understood.
ARTICLE 46. The provisions of Articles 72 to 74 of the Law shall apply to sanctions.
FIRST. This Regulation shall enter into force on the day following its publication in the official journal of the Federation.
SECOND. All regulatory and administrative provisions shall be repealed in so far as they are contrary to this Regulation.
THIRD. The concessions, permits and authorizations granted prior to the publication of this Regulation, shall be respected in their terms until the end of their validity, on the understanding that their operation and operation shall comply with the provisions of the Act, this Regulation and other applicable provisions.
FOURTH. The grant applications submitted prior to the entry into force of this Regulation shall be processed in accordance with this Regulation, for which the applicants shall have a period of 90 working days to present the documentation. (i) the supplementary question.
Given at the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of the month of July of a thousand nine hundred and ninety-seven.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Communications and Transport, Carlos Ruiz Sacristan.-Heading.