On January 23, 2023, the Agreement by which the Plenary of the Federal Telecommunications Institute issues the Regulatory Provisions regarding satellite communications (the “Regulatory Provisions”) was published in the Official Gazette of the Federation.
As established in the aforementioned agreement, the purpose of the Regulatory Provisions is to have a flexible regulatory framework that provides legal certainty in the satellite sector environment, in accordance with reality, and allows attracting investments and new services, as well as the development of technologies for the benefit of end users.
The Regulatory Provisions contain provisions that regulate, among others: (i) the reservation of the state’s satellite capacity; (ii) mechanisms for concessioning orbital resources; (iii) the operation of satellite systems and earth stations; (iv) the operation of domestic and foreign satellite systems; (v) the operation of transmitting earth stations, and (vi) other provisions related to satellite files.
In this regard, as a result of the issuance of the Regulatory Provisions, rights and obligations are established for orbital resource concessionaires authorized to exploit the rights to broadcast and receive signals and frequency bands associated with foreign satellite systems and authorized to install, operate and exploit transmitting earth stations.
In accordance with the transitory articles of the Regulatory Provisions, these replace the Satellite Communication Regulations, which will cease to apply. The deadlines for filing, as applicable, are also established: (i) if it has not been done, the replacement plan in accordance with the provisions of Title Three, Chapter II, Section I of the Regulatory Provisions, whose noncompliance shall be grounds for revocation; (ii) if it has not done so, the contingency plan in accordance with the provisions of Title Three, Chapter I, Section III of the Regulatory Provisions; (iii) the current status of the nominal useful life of the satellites and the estimated date of the end of such life, and (iv) notice of whether the satellite file in coordination has complied with the notification to the International Telecommunication Union or the status thereof.
Finally, the Regulatory Provisions will become effective 30 business days after their publication in the Official Gazette of the Federation, that is, on March 7, 2023.
At Acedo Santamarina, S.C. we are ready to advise and assist you with the compliance and interpretation of the Regulatory Provisions. We remain at your service.
