Mexico. The Federal Institute of Telecommunications, IFT, decided not to file a constitutional dispute before the Supreme Court of Justice of the Nation against the H. Congress of the Union and the Head of the Executive of the Union, for the issuance and promulgation, respectively, of the Decree reforming, adding and repealing various provisions of the Federal Law on Telecommunications and Broadcasting, published in the Official Gazette of the Federation on October 31.
During the discussion of this matter, it was considered that there are no elements for this claim, since the Constitutional Controversy is a means of defense to protect the constitutional competence of the organs of the State and, in the particular case, the Constitution provides that the definition of the rights of users and hearings are the competence of the Congress of the Union, therefore, there would be no impact on the constitutional competence of the Institute.
The foregoing, in accordance with article 6, section B, section VI, of the Political Constitution of the United Mexican States, which states "The law shall establish the rights of telecommunications users, of the hearings, as well as the mechanisms for their protection".
This matter was proposed by Commissioners María Elena Estavillo and Adriana Labardini; however, it did not reach a majority of votes in plenary for the reasons indicated. It is important to emphasize that this decision does not imply assessments on the content of the Decree, but solely and exclusively on the legal origin of the constitutional dispute route, in terms of article 105 of the Constitution.
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