The new law on Telecommunications and Broadcasting is issued and the creation of the Telecommunications Regulatory Commission is established.

July 17, 2025 /

Home » Publications and Events » Updates » The new law on Telecommunications and Broadcasting is issued and the creation of the Telecommunications Regulatory Commission is established.

GENERAL

The new “Law on Telecommunications and Broadcasting”, published in the Official Gazette of the Federation (“DOF”) this July 16 (the “New law”) introduces various modifications to the “Federal Telecommunications and Broadcasting Law”, published in the DOF on July 14, 2014 (the “Previous Law
The authority that will replace the Ministry of Communications and Transport in matters of telecommunications and broadcasting will be the recently created Agency for Digital Transformation and Telecommunications (the “Agencia de Transformación Digital y Telecomunicaciones”).Agency”), and the authority that will carry out the functions previously conferred on the Federal Telecommunications Institute (“IFT”) shall be the Telecommunications Regulatory Commission (the “Commission

BACKGROUND AND CONTENT

On December 20, 2024, the Decree that reforms, adds and repeals various provisions of the Political Constitution of the United Mexican States, in terms of organic simplification, was published in the DOF, which aimed to extinguish seven autonomous constitutional bodies, including the IFT, in order to rationalize public resources that were destined for the operation and functioning of autonomous constitutional bodies, in order to allow greater investment in social policies and programs (the "Constitutional reform

In its transitional articles, it was established that both the constitutional amendments relating to the dissolution of the IFT and the amendments relating to the exercise of its powers would enter into force within 180 days of the entry into force of the secondary legislation on telecommunications and broadcasting, to be issued by the Congress of the Union. Therefore, the IFT would be dissolved 180 days after the entry into force of the aforementioned secondary legislation.

On April 23 of this year, the Federal Executive Branch submitted to the Senate a bill containing a draft decree issuing the New Law. According to its explanatory memorandum, the purpose of the bill was to establish the foundations for public policies in telecommunications and broadcasting; regulate the use, exploitation, and use of radio frequency space, public telecommunications networks, access to active and passive infrastructure, orbital resources, satellite communications, the provision of public services of general interest in telecommunications and broadcasting, and the convergence between these services; and safeguard the rights of users and audiences; as well as guarantee the efficient development of the telecommunications and broadcasting sectors.

New mechanisms for spectrum allocation were also proposed, including shared use schemes, experimental authorizations, high altitude platforms, controlled test environments (sandboxes regulatory) and smart radio networks. These mechanisms will allow the incorporation of emerging technologies, such as direct satellite connectivity to devices, especially benefiting hard-to-reach areas.

After following the legislative procedure applicable to the Congress of the Union, the New Law initiative was approved on June 28, 2025, in the Senate, on July 1, in the Chamber of Deputies, and the New Law was published yesterday, July 16, in the evening version of the DOF.

Consequently, this New Law will enter into force today, July 17, except for the provisions relating to the Constitutional Reform, in accordance with its First Transitory Article.

The New Law will replace the Previous Law, which was repealed.

STRUCTURE OF THE NEW COMMISSION

The Commission, as a decentralized administrative body of the Agency, will have technical, operational, and managerial independence and must act impartially in issuing its resolutions. However, unlike the IFT, the Commission will no longer be a constitutionally autonomous body with its own legal personality and assets. Additionally, the Commission will be empowered to issue Mexican Official Standards, in addition to guidelines on various matters in the telecommunications and broadcasting sectors.

Previously, the IFT was composed of seven Commissioners, each with a four-year term, renewable once for the President Commissioner, and a nine-year term, non-renewable for the remaining Commissioners. Its members were appointed by the head of the Federal Executive Branch and ratified by the Senate of the Republic, with the exception of the President Commissioner, who was appointed by the Senate upon the proposal of the head of the Federal Executive Branch.

The Commission's Plenary will now be composed of five Commissioners, with a three-year term, renewable once for the Chairperson Commissioner, and a seven-year term, non-renewable for the remaining Commissioners. Its members will be ratified by the Senate of the Republic, following appointment by the head of the Federal Executive Branch, who will also appoint the Chairperson Commissioner.

If the Senate fails to approve two successive appointment proposals for the same vacancy on the Commission, the head of the Federal Executive Branch shall appoint the person to fill the position without requiring ratification by the Senate of the Republic.

NEW KEY TERMS

Hearings: rights holders who receive and consume audio or audiovisual content provided through the Broadcasting Service and the Restricted Television and Audio Service.

Social coverage: Access to and availability of telecommunications services in areas or for people in priority population groups determined by the Agency, under conditions of quality, affordability and/or free of charge, taking into account the prioritization criteria established in the respective program.

Registration Certificates: Amateur radio licenses and registration certificates for the operation of aeronautical systems, equipment used in special, cultural, sporting or similar events, and those that, without being commercially exploited, require rights to transmit and receive signals and frequency bands associated with foreign satellite systems that cover and can provide services within the national territory.

Unlock: Elimination of the technical restriction on Mobile Terminal Equipment so that it can be used in any technically compatible telecommunications network.

Digital platform: a digital service provided by intermediaries via the Internet in order to, among other things, offer, provide, market or mediate goods, services, applications, products or content.

Passive infrastructure providers: Independent providers that offer or market passive infrastructure elements, including tower space, floor space, and auxiliary elements.

Intelligent radio communications network: a radio communications network established in a delimited geographical area, for exclusive use for the specific needs of industries or other sectors, and which is logically, technically and/or physically separated from public telecommunications networks.

POWERS IN ECONOMIC COMPETITION MATTERS

Unlike the provisions of the previous law, the new competition authority will exercise the powers corresponding to the broadcasting and telecommunications sectors in this area, and not the Agency or the Commission.

AUDIENCE RIGHTS

The rights of audiences are added, by virtue of which, among others, they have the right: (i) to receive content that reflects the ideological, political, social, cultural, and linguistic pluralism of the Nation; (ii) to have elements provided to distinguish between advertising and program content; (iii) to exercise the right of reply, for which the licensees will provide elements to distinguish between news information and opinions. Likewise, the licensees must issue Codes of Ethics to protect the rights of audiences.

In this regard, the Commission will be empowered to provisionally suspend broadcasts that violate the rules established in the New Law regarding audience rights.

SOLE CONCESSION FOR PUBLIC USE

In accordance with its purposes, the sole concession for public use will grant the Federal Electricity Commission the right to provide end users with internet and telecommunications services, for social coverage purposes and to offer free internet access in public places.

COLLABORATION FOR THE PROSECUTION OF JUSTICE

Although telecommunications licensees remain obligated to comply with all written, reasoned, and justified orders from the competent authority, as established by law, and to cooperate with law enforcement, law enforcement, and justice administration bodies in the real-time geographic location of terminal equipment, it is important to note that these obligations must now be understood and interpreted within a new national law enforcement framework that empowers various authorities to request such information.

LEGAL ACTS ISSUED BY THE IFT

They will continue to have all their legal effects. In the case of legal instruments or equivalent acts executed by the IFT, they will be deemed to be in force and will be binding on the new antitrust authority, as appropriate.

MATTERS AND PROCEDURES STARTED BEFORE THE IFT

Matters and proceedings initiated before the IFT prior to the entry into force of the New Law will continue to be processed before the Commission or the new antitrust authority, as appropriate.

PERMITS AND ENABLING TITLES

Beneficiaries of any enabling title in force at the time of the entry into force of the New Law that grants the right to use and exploit radio frequency bands, issued prior to the Previous Law, must request the transition to the concession, authorization or registration certificate regime, as appropriate, within a period of 1 year.

The validity of any enabling title whose transition to the applicable regime is not carried out will expire at the end of the aforementioned period and, consequently, the frequencies subject to said permits will revert to the Nation by full right.

NEW TENDERING PLAN

It must be issued within 180 days of the New Law's entry into force. The Commission will issue a bidding plan for radio spectrum frequency bands for the provision of mobile wireless access service.

We are at your disposal to provide you with any information or assistance related to the impact resulting from the entry into force of the new Telecommunications and Broadcasting Law.

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