On November 28, 2024, the Congreso General of Mexico issued a Decree which outlines the responsibilities that the Agencia de Transformación Digital y Telecomunicaciones will take from the Instituto Federal de Telecomunicaciones (IFETEL).

According to the Decree, the new Agency will be responsible for handling matters such as:

● Formulating and leading policies of digital inclusion, digital government, information technology, communications and telecommunications of the Administración Pública Federal.

● Developing and conducting the Federal Government’s telecommunications and broadcasting policies.

● Defining satellite capacity required from those who are granted orbital resources and from those authorized to transmit and receive signals from foreign satellites in order to provide services in Mexico, as a State reserve for national security networks, social services, and other needs of the government, in addition to monitoring efficient satellite capacity use.

● Formulating and leading national policies on technological sovereignty, in addition to promoting technological solutions for procedure and service digitalization.

● Issuing rules, guidelines, manuals, procedures, and other similar instruments needed to fulfill its responsibilities.

The current resources available to the Coordinación de Estrategia Digital Nacional will be transferred to the new Agency by no later than December 31, 2024, so that the Agency may begin operating on January 1, 2025.

IFETEL published a Press Release on December 3, 2024, stating its position regarding the congressional decision to dissolve IFETEL:

“At the IFT we consider it essential to draw attention to some aspects of this reform that could generate uncertainty and limit the proper application of sectoral regulation and economic competition in the area of telecommunications and broadcasting, and therefore should be carefully analyzed in the secondary legislation that will be issued, including:

● Technical impartiality, budgetary independence and collegial decision-making are essential elements for the implementation of regulation and the application of competition policy in the telecommunications and broadcasting sectors, and therefore a sectoral regulatory body is required to guarantee technical and impartial decisions, which is particularly relevant in the current context, in which there are concessionaires with public participation that operate telecommunications networks and provide these services in the country, without compromising compliance with international agreements to which the Mexican State is subscribed.

● It is essential to consider the complex relationship between sectoral regulation and economic competition. Segmenting regulatory powers can generate inconsistencies, inefficiencies and inadequate implementation of economic competition and regulation policies in the telecommunications and broadcasting sector.

● It is essential to maintain specialized human capital, the result of years of training and investment of resources for the training of public servants by the Mexican State, which is a fundamental pillar of any regulatory body. Highly specialized knowledge in technological, economic and legal disciplines is required. The results of the institutional work would not have been possible without the commitment and high specialization of the human talent that built an efficient and effective institution day by day. This technical and professional capacity of the IFT staff must be recognized and valued, so we call for their labor rights to be respected as established by the transitional regime of the Decree.”

Source: https://www.dof.gob.mx/nota_detalle.php?codigo=5744005&fecha=28/11/2024#gsc.tab=0

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