The Senate approves the new Telecommunications and Broadcasting Law with changes.
This Saturday, the Senate of the Republic approved, with 77 votes in favor and 30 against, the ruling proposing the issuance of a new Telecommunications and Broadcasting Law.
The project proposes a profound restructuring of the sector's institutional, regulatory, and operational framework as part of the organizational simplification reforms.
On behalf of the Radio, Television, and Cinematography; Communications and Transportation; and Legislative Studies committees, Senator Javier Corral Jurado expressed his support for the initiative and asserted that it is a "stronger, clearer, fairer, and more inclusive" regulation.
From the podium, the Morena legislator affirmed that this reform marks a shift in vision, abandoning the model that historically favored large concessionary consortiums and paving the way for a social approach that promotes non-profit media, such as community, Indigenous, and Afro-Mexican media, with greater financial and regulatory viability.
In her position papers, Senator María Guadalupe Chavira De La Rosa of Morena argued that the reform will allow us to confront the challenges of the digital age and advance toward national modernization that guarantees equitable access to communication services.
From the PAN, Senator Ricardo Anaya Cortés harshly questioned the ruling and pointed out that its publication was abrupt, without allowing for adequate review.
While acknowledging that some errors pointed out by his party have been corrected, he warned that two serious risks remain: access to geolocation without a court order and the increase in grounds for suspending broadcasts.
He charged that these provisions open the door to mechanisms of censorship and authoritarianism. He complained that the PAN's demand that geolocation require a court order was not incorporated, and therefore anticipated that his parliamentary group would vote against the proposal.
Senator Manuel Añorve Baños also spoke out against the ruling. He stated that this law opens the door to a structure of control and surveillance, referring to the possible creation of a Cell Phone User Registry, which, he noted, had already been declared unconstitutional.
He called the proposal the "Big Brother of Welfare," arguing that it legalizes censorship, simulates competition, and violates the Constitution.
Añorve questioned the creation of the Telecommunications Regulatory Commission, which he described as a body subordinate to the Digital Transformation Agency, that is, the federal executive branch.
Finally, he warned that the new framework would allow the government to silence opposition content and eliminate freedom of expression, so he reiterated his party's dissenting vote.
Institutional transformation and new regulatory frameworkAmong the most significant changes is the dissolution of the Federal Telecommunications Institute (IFT) , an autonomous body that will be replaced by the Digital Transformation and Telecommunications Agency (ATDT) , a new State Secretariat. This agency will assume the functions of regulation, oversight, and public policy formulation for the sector, with the goal of simplifying processes and strengthening inter-institutional coordination.
In addition, the Telecommunications Regulatory Commission will be created as a decentralized body of the ATDT, with technical and operational independence, responsible for issuing regulatory resolutions. Its Plenary will be composed of five commissioners.
The law recognizes telecommunications and broadcasting as public services of general interest and pillars for guaranteeing fundamental rights such as education, health, information, and freedom of expression.
It also establishes a multicultural and human rights approach, strengthening public, community, indigenous, and Afro-Mexican media.
Spectrum, concessions and coverageThe ruling defines new mechanisms for the allocation and use of radio spectrum, including shared-use schemes, technology testing, smart grids, and high-altitude platforms.
Public and social use concessions will be granted through direct allocation and will be exempt from paying contributions.
To promote social coverage, tax discounts are available for concessionaires who provide services in hard-to-reach areas.
Small operators will also be able to benefit from exemptions or reductions in their payments , in accordance with the provisions issued by the new Regulatory Commission.
Audience protection mechanisms are strengthened , establishing that each concessionaire must have its own ombudsman. The possibility of blocking platforms , as originally provided for in Article 109 of the initiative, is eliminated, and the foreign propaganda scheme is abolished , allowing only cultural, sports, and tourism content.
Measures are also being implemented to ensure non-discriminatory access for people with disabilities, and editorial guidelines are being promoted to guarantee the independence of public media.
The State will have three mechanisms to contribute to closing the digital divide , including the active participation of the Federal Electricity Commission (CFE) through its public company dedicated to providing internet and telecommunications.
The legislative proposal establishes a new institutional and operational architecture that seeks to consolidate a more efficient, inclusive model adapted to the country's digital needs.
Eleconomista
