Đấu giá
Article 78, 83, 92, Mexico federal Telecommunications and Broadcasting Law: “Article 78. Concessions for the commercial or private use or operation of the radio spectrum, private use for the purposes provided by Article 76, Section III, paragraph a), shall be granted only through a public tender procedure after receiving payment of the consideration by observing the criteria set forth in Articles 6, 7, 28, and 134 of the Mexican Constitution and the provisions of Section VII of Chapter III of this Title, as well as the following: I. the Institute may take the following factors into account, among other things, to grant a telecommunications concession: a) The economic proposal; b) Coverage, quality, and innovation; c) Lower service prices for end users; d) Prevention of concentration phenomena that are contrary to public interest; e) The possible entry of new competitors into the market, and f) Consistency with the concession program. II. The Institute shall take into account paragraphs a), b), d), e), and f) for granting broadcasting concessions. It must also consider that the programming project is consistent with the purposes described in the concession application, to promote and include dissemination of national, regional and local content and complies with the applicable provisions. Article 83. Radio spectrum concessions for public or social use shall be granted through direct allocation for up to 15 years and may be extended for up to equal terms in conformity with the provisions outlined in Chapter VI of this Title. This form of concession shall not allow the provision of services for profit or to share the radio spectrum with third parties. The preceding is without prejudice to the multiprogramming broadcasting concessions that can be used to offer the capacity to third parties in conformity with this Law. Article 92. Concessions to occupy and use orbit resources for commercial or private use, the last of these for the purposes outlined in Article 76, Section III, paragraph a), shall be granted through a public tender, upon payment of a fee, except as described in Section VI of this Title, which must comply with the criteria set out in Articles 28 and 134 of the Mexican Constitution. Federal agencies and entities may share the frequency bands granted under a concession for their intended purposes, upon obtaining the Institute’s authorization to this end. Applications for assignments related to frequency bands necessary for safety purposes shall be analyzed as a priority.”
Cấp lại
Article 75. The Institute shall award concessions to use, operate, and exploit radio spectrum frequency bands for a specific use and for the occupation and exploitation of orbit resources for up to 20 years, which period may be extended for equal periods in conformity with the provisions outlined in Chapter VI of this Title.
Giới hạn CAP
Article 100. The Institute shall take the following into account to set the amount of consideration for the grant, extension of the validity or changes to concession services, and authorization of services related to concessions on the radio spectrum: I. The relevant radio spectrum’s frequency band; II. The spectrum amount; III. Coverage of the frequency band; IV. Term of the concession; V. Domestic and international references to the frequency band’s market value, and VI. Compliance with the objectives set out in Articles 6 and 28 of the Mexican Constitution; as well as those set out in the National Development Plan and other policy instruments. The request for an opinion the Institute sends to the Ministry of Finance and Public Credit, shall include, where applicable, the information referred to in Sections I through VI of this Article, as well as the draft of the consideration derived from an analysis of such information.
Chuyển nhượng
Luật có quy định chuyển nhượng.
Được phép được xem xét chuyển nhượng khi cấp phép được 3 năm
Luật không đề cập đến việc chuyển nhượng trong trường hợp nào.
Luật quy định để chuyển nhượng giấy phép tần số cần có sự chấp thuận của cơ quan quản lý. Người nhận chuyện nhượng sẽ nhận được giấy phép tần số khi đồng ý tuân thủ theo các nghĩa vụ còn lại và chấp nhận các điều kiện được đưa ra bởi cơ quan quản lý.
Chapter IV On the Assignment of Rights
Article 110. Only concessions for commercial or private use, the last of these with private comnication purposes, may be assigned and transferred, once the Institute approves the transfer in the terms of this Law. The Institute may authorize the partial or total transfer of rights and obligations established in the concessions within 90 calendar days after receiving the application, as long as the transferee agrees to comply with its pending obligations and accept the conditions established by the Institute to this end. Prior authorization of the assignment referred to in this Article may be sought, as long as the concession has been in effect for at least three years. There is no need to obtain the Institute’s authorization in the case of concession transfers resulting from mergers, demergers, and corporate restructures, as long as such acts are carried out within the same economic agent or control group. The concessionaire must notify the Institute of the operation within 30 calendar days of its execution. The Institute may authorize assignments intended to transfer rights and obligations under the concessions to another concessionaire providing similar services in the same geographic area, after completing an analysis of the effects that such action has or may have on fair and open competition in the relevant market. If the assignment produces the obligation to report a concentration in accordance with the Federal Economic Competition Law, the Institute shall issue its resolution within the period established for that procedure, adding the considerations outlined in this chapter.
Thu hồi
DN bị thu hồi giấy phép khi: không bắt bắt đầu cung cấp dịch vụ trong thời hạn quy định; không hoàn thành các nghĩa vụ hoặc điều kiện được thiết lập trong giấy phép; không nộp tiền; thay đổi tần số… hoặc tạm dừng tất cả hoặc một phần dịch vụ viễn thông trong hơn 24 giờ hoặc tối đa ba ngày trong trường hợp phát sóng, trong hơn 50% vùng phủ sóng…
FEDERAL TELECOMMUNICATIONS AND BROADCASTING LAW
Article 303. Concessions and authorizations may be revoked in the following causes:
I. Failure in starting to provide the services within the prescribed time limits, unless otherwise authorized by the Institute;
II. Perform acts contrary to the Law, that keep other authorized concessionaires from performing their activities;
III. Failure to fulfill the obligations or conditions established in the concession or authorization expressly establishing that breach of such shall be cause for in revocation;
IV. Refusing to interconnect to other concessionaires; totally or partially disrupt interconnection traffic, or hinder it without cause;
V. Failure to comply with the provisions outlined in paragraph one of Article 164 of this Law;
VI. Refusal to retransmit broadcast content in violation of the Law;
VII. Change of nationality or seeking protection from a foreign government;
VIII. Assign, lease, encumber or transfer concessions or authorizations, the rights conferred on them or the property allocated to them in contravention of the provisions of this Law;
IX. Fail to pay the Federal Treasury the consideration or rights established on the Federal Government’s behalf;
X. Failure to comply with the obligations offered that were used as the grounds to grant the concession;
XI. Failure to provide the guarantees established by the Institute;
XII. Change the location of the broadcasting station without the Institute’s prior approval;
XIII. Change the allocated frequency bands, without the Institute’s authorization;
XIV. Suspend all or part of the telecommunications services for more than 24 hours or up to three calendar days in the case of broadcasting, in more than 50% of the coverage area, without justification and without the Institute’s authorization; …
