Regulatory Agenda for Telecommunications in 2023

Already in the first days of this 2023, a year is glimpsed with several pending subjects for the telecommunications regulator in Mexico, the Federal Institute of Telecommunications (IFT), with matters of great importance that would promote the sector’s dynamism and the gestation of effective competition in this sector.

To a large extent, these are matters that have been delayed or postponed in their constitution, definition and/or entry into force, such as the cases of the third review and implementation of new measures of the asymmetric regulation applicable to the preponderant economic agent in telecommunications (AEP-T), the bidding for radio spectrum frequencies for the offer of new generation services (5G) and the creation of the National Infrastructure Information System (SNII).

Third Review of the Preponderance Regulatory Framework. It is time this year that the IFT establishes the new asymmetric regulation measures applicable to the AEP-T (América Móvil) almost a decade after its entry into force. To this end, in recent days the public consultation began on the effectiveness in terms of competition of this regulatory framework, a process that will last until February 15.

The public consultation seeks to gather information, comments, opinions, contributions or other elements of analysis to assess the impact, in terms of competition, of the measures imposed on the AEP-T, as well as to receive proposals to suppress, modify or add them. . This, given the inability and insufficiency in their application, compliance and verification that they have had to balance market conditions between operators 9 years after their implementation.

Tender for Frequencies of the 5G Radio Spectrum. Since the Annual Program for the Use and Exploitation of Frequency Bands (PABF) 2020 and 2021, the IFT has tried to tender frequencies in the 600 MHz bands, the L band (1,427 – 1,518 MHz) and 3.5 GHz, optimal for the offer of 5G services and that they will have to provide additional radio spectrum to complete the resources already available to deploy new generation networks.

In 2022, the IFT committed in its Annual Work Program (PAT) to submit the terms and conditions of the tender to public consultation, although this did not happen. It is expected that the regulator will no longer delay the start of this process to accelerate the transition to 5G throughout the national territory, given the delay that is already registered in this regard. The radio spectrum is the original essential input for the offer of new generation mobile services.

Constitution of the National Infrastructure Information System (SNII). One of the central elements to avoid and reduce barriers to competition and information asymmetries between operators is the offer of a centralized tool on the availability, location, characteristics, use and deployed capacity of the existing telecommunications and broadcasting infrastructure in Mexico.

The SNII seeks to contribute to these purposes, as well as for investments to be focused on underserved areas and regions, to reduce the costs and terms of the deployment and offer of services, and to generate an efficient use of the infrastructure to detonate better supply conditions. for end users.

All of these elements would act as a catalyst for sectoral development in the short and long terms, by balancing supply conditions between operators, promoting investment in new generation services, and homogenizing access to infrastructure resources in our country. For all these reasons, 2023 will be a crucial year for regulatory action in the telecommunications sector in Mexico.

Twitter: @ernestopiedras