IFT appoints new head and issues documents regarding its by-laws, mergers and OTT market analysis
11 marzo 2022

MEXICO

On March 1, Javier Juárez Mojica took office as the new head of the Federal Telecommunications Institute (IFT in Spanish). He will remain in office until October 2025. Likewise, the entity published through the Official Gazette of the Federation (DOF in Spanish), an agreement modifying its Internal Organic Statute to reduce the number of commissioners present in the plenary meetings in order to be able to make decisions. On the other hand, the IFT also published two other agreements: one that modifies the Technical Criteria for the calculation of a quantitative index to determine the degree of concentration in the telecommunications and broadcasting markets, and the Guide for the control of concentrations in these same sectors. These three agreements are already in force.

Regarding the modification of its internal bylaws, the text provides that the plenary of the entity may meet if at least three commissioners are present. These modifications respond to the fact that Adolfo Cuevas’ presidential term at the IFT ended on February 28, leaving the plenary with only 4 out of 7 commissioners. Although the Senate has not yet initiated the process to elect Cuevas’ successor, after his assumption as interim president, Mojica assured that he will continue with the agenda implemented by his predecessor.

On the other hand, the second agreement modifies the threshold from which the regulatory entity may consider that a concentration by an economic actor in the broadcasting sector may entail potential risks affecting competition in such market. In this sense, the text reduces the maximum percentage of participation from 35% to 30%.

The last agreement deepens the content of the previous guidelines. Thus, it is recalled that in compliance with a resolution issued by the Second Specialized Court of the Judiciary, it was resolved that the IFT is the entity in charge of studying and resolving the licensing of programs to Internet distribution service providers, as well as the provision and sale of advertising space by Internet platforms dedicated to the provision of audiovisual content.

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