The reform initiative issued by the Law on Telecommunications y Broadcasting that sent the President Claudia Sheinbaum to the Senate and that will be approved via Fast Track plans to “rescue” or remove radio concessions and television to concessionaires “when the public interest demands it” or for “national Security Reasons”At the request of the Federal Executive head.
Among the powers of the new digital transformation and telecommunications agency, it is said that, ex officio, “change or rescue frequency bands or orbital resources, in any of the following cases”:
“When the public interest; for national security reasons at the request of the Federal Executive; For the introduction of New technologies; To solve problems harmful interference; to comply with International treaties signed by the Mexican State. ”
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Likewise, a radio or television concession can be “rescued” “for the reorganization of frequency bands and for the continuity of the Public service”.
Article 68 establishes that “for the rescue of a granted frequency band or Orbital resourcesthe agency must notify the concessionaire the reasons in which they justify its determination, granting a period of 35 business days so that it takes effect so that it manifests what is convenient for law ”.
The initiative establishes the New regulatory body which will be the Digital Transformation and Telecommunications Agency, which will assume all the functions, resources and procedures ongoing of the Federal Telecommunications Institute (IFT).
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Among the most prominent aspects of the initiative is a new scheme of economic sanctionsranging from 0.01% to 0.75% of the income of the regulated subjects, even in cases of open clauses or un specified administrative types.
The decree says that concessions y current authorizations They will be respected, but the transition of qualifying titles prior to 2014 to the new legal regime is contemplated.
Likewise, the reform issued by the Law on Telecommunications and Radiodifusion that the president sends that radio, television or audio concessions transmit political propaganda, ideological y commercial from other countries, as fines of up to 5% of the income to the concessionaires incurred in it.
During the ordinary session of yesterday Wednesday and after the presidential initiative was received, commissions were taken for analysis and is expected that this week will be endorsed by the Plenary.
With this reform, the Federal Government It seeks to shield the country’s informative sovereignty and avoid any type of external influence on internal affairs through media.
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The initiative was turned to the Communications, Radio and Television and Legislative Studies Unit for its ruling.
The initiative establishes fines of between 2% and 5% of the Total income of the concessionaire that issues propaganda of foreign governments.
“It will be sanctioned with a fine for the equivalent of 2% to 5% of the income of the concessionaire, authorized, programmer, or Digital Platform for breaching the prohibition of advertising established in article 210 of the Law ”.
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Article 210 responded to the spots released in Mexican open television channels where the United States National Security Secretary, Kristi calls, warns the Immigrants undocumented who leave the country or face the deportation and the impossibility of returning to that country.
“The concessionaires who provide the broadcasting, television or audio service restricted in the country, will not be able to transmit political propaganda, ideological, commercial or of any type of foreign governments or entities, with the exception of tourism or cultural promotion. ”
This article continues and states that “Nor will foreign governments be allowed to use national media to influence the country’s internal affairs.
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“Las digital platforms, whose contents are available in the national territory, may not market advertising spaces for the dissemination of propaganda or any information from foreign governmentsdifferent from that which has cultural or tourist ends. ”
“It is prohibited from programmers and signal operators, transmit on their own through concessionaires that provide broadcasting services or of television o Restricted audio advertising, propaganda or any information from foreign governments, different from that which has cultural or tourist ends, ”says the initiative.
The 311 pages document adds that it will be monitored and will supervise that the advertising that is transmitted through broadcasting, television or audio services, restricted and on digital platforms, does not contravene the provisions provided for in article 210 of this law.
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“In case of identifying advertising, propaganda o General Information of Foreign Governmentsdifferent from that which has cultural or tourist purposes, referred to in article 210 of the Law, the Ministry of the Interior will order, in a precautionary way, the immediate suspension of the transmission of advertising and will begin the procedure for imposition of the corresponding sanction.
In addition, several procedures and procedures will be suspended for 60 business days, without affecting the obligations of regulated dealers and agents.
Causes are included for the revocation of concessions, such as breach of the Orbital Resources Replacement Plan.
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It also guarantees the preservation of the labor rights of the IFT workerswho will be relocated in accordance with applicable regulations. In addition, the agency is instructed to be issued within 180 days, a frequency band bidding plan to promote efficient sector development.
