Mexico. The Federal Institute of Telecommunications, IFT opened for public consultation a preliminary draft to modify the Guidelines for the granting of the Certificate of Authorization, for the use and exploitation of frequency bands of the radio spectrum for secondary use.
The IFT has received a number of requests to use and take advantage of frequency bands of the radio spectrum allocated to the sound broadcasting service in the projection of films in open spaces, using low-power transmitters operating in the Frequency Modulated (FM) band, in order to reproduce the audio of these in the FM radio receiver of a car, with the aim of implementing a comprehensive audio solution for services such as drive-in cinemas, auto concerts and similar events.
In this sense, it is considered that the granting of radio spectrum concessions, through the public bidding mechanism, is not the ideal way to meet such requests, since they are not related to the intention to use, exploit and / or exploit the radio spectrum for the provision of public broadcasting service.
Similarly, a public tender would be impractical and inconvenient to meet the specific communication needs of this type of applicants, since it implies long deadlines to include the frequencies or frequency bands that are required in the annual programs of use and exploitation of frequency bands and for the planning and execution of the respective public tender, as well as the uncertainty for applicants about being allocated the radio spectrum they require; therefore, the IFT considers that a modification to the guidelines for the secondary use of spectrum is a timely and effective solution.
Currently, these guidelines are intended to regulate the secondary use of frequency bands of the radio spectrum, intended to meet specific telecommunications needs of persons engaged in specific activities that are not intended to provide telecommunications services for commercial purposes, as well as to allow duly approved short-range radiocommunication devices to make secondary use of frequency bands of the radio spectrum, as provided for in Article 1 of that legal instrument.
However, the same type of authorizations are not provided for broadcasting services; for this reason, it is considered appropriate to modify the Guidelines for Secondary Use, so that the proof of authorization can also be granted to meet the specific needs of the use of frequency bands of the radio spectrum attributed to services in this sector.
With the recently published public consultation, which will be in force until September 18, it is proposed to modify articles 1, 4, 13, 14, section III and 15, section II of the Guidelines for Secondary Use to also provide for the use of the frequency bands of the radio spectrum attributed to the broadcasting service for the specific needs of the applicant, subject to the issuance, by the Institute, of a certificate of authorization of secondary use for specific events or facilities intended for commercial or industrial activities.
Likewise, it is proposed to modify article 2, section VIII of the same legal system, to include within the object of the facilities intended for commercial or industrial activities the provision of services other than telecommunications or broadcasting, so that, with the granting of the respective authorization certificate, the use of the frequency bands attributed to broadcasting is authorized, for the provision of services other than telecommunications and broadcasting, so that activities using these bands are carried out in a specific venue during the time of validity of the authorization, among others, drive-in cinemas, self-concert or religious services.
On the other hand, the IFT Plenary also approved the holding of three public consultations in order to receive the comments and opinions of regulated, industrial chambers and users in order to have greater elements to determine the conditions under which cost models for interconnection and wholesale services must be approved, as well as reference offers of services offered by the Preponderant Economic Agent in telecommunications, as well as promoting transparency and citizen participation.
The first consultation "Interconnection Cost Model for the period 2021-2023 and Cost Model of the Wholesale Service of Lease of Dedicated Links", seeks to promote and facilitate the efficient use of networks, and encourage the entry into the market of efficient competitors and allow the expansion of existing ones. Also, incorporate new technologies and services, and promote an environment of healthy competition among operators.
The interconnection between telecommunications networks is a key factor in terms of competition, since it allows any communication it initiates to reach its destination, regardless of the concessioned public network used; that is why its rates, terms and conditions must be provided under non-discriminatory conditions privileging communications and the rights of users.
The second public consultation, "Proposals for Reference Offers for Infrastructure Sharing and Dedicated Links presented by Teléfonos de México, Teléfonos del Noroeste, Red Nacional Última Milla, and Red Última Milla del Noroeste", seeks to collect the opinions of the members of the industry, since they are the ones who intervene in the operation of public telecommunications networks, and demand regulated wholesale services from the Preponderant Economic Agent for the provision and marketing of their services.
The third public consultation in process is on the "Proposals for Reference Offers of Wholesale Services of Visiting User; Resale of Services; of Access and Shared Use of Infrastructure presented by the AEP in the telecommunications sector", which has the purpose that wholesale services are provided on equal terms, avoiding incurring in anti-competitive practices in the provision of them.
The proposals for reference offers submitted to two public consultations were submitted in compliance with the provisions of the Eighth Transitory Article, section III of the Decree and through the Resolution in which Telmex, Telnor and Telcel were determined as part of the Preponderant Economic Agent in the telecommunications sector, in which the necessary measures were imposed to avoid affecting competition and free competition and, with this, to the end users.
Having reference offers – which must be approved by the IFT Plenary Once they are modified according to the comments made in the consultations and by the Institute itself – facilitates the provision of wholesale services to other concessionaires or authorized; allows to obtain basic conditions in the provision of wholesale services with lower transaction costs; informs the concessionaires and authorised applicants of the general legal, economic and technical conditions for the provision of wholesale services; and makes transparent the rates and conditions that the AEP may establish in the provision of wholesale services to operators.
Information regarding these four processes is available in http://www.ift.org.mx/industria/consultas-publicas/consultas-publicas-en-proceso
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