President Claudia Sheinbaum has taken another step by presenting an ambitious reform to the Telecommunications Law in México. By doing so, the industry receives clear signals of the government’s priorities and intentions in accordance with their policy priorities.
The extensive legislative proposal will redefine the country’s digital governance framework for decades to come. The proposed Law on Telecommunications and Broadcasting not only signals a structural shift in the institutional regulation of the digital ecosystem, but also embeds social inclusion, digital equity, and public interest as pillars of national policy.
It is expected that this bill will be approved before the legislative period concludes on 30 April, due to President Sheinbaum’s influence and the ruling party’s large majority in Congress and the Senate.
As expected, the reform abolishes the Federal Telecommunications Institute (IFT) and transfers its powers to the newly created Agency of Digital Transformation and Telecommunications (Agency). The proposal establishes that this new law will enter into force 30 days after being published in the Official Journal, at which point the IFT will cease to exist and all faculties and resources will be transferred to the Agency. Once this happens, a 60-day regulatory suspension will take place.
The initiative aims to bridge Mexico’s persistent digital divide, highlighted by the fact that 46.8% of the population lives in poverty and many rural regions lack access to digital infrastructure. As a result, the law prioritises universal broadband coverage and affordable connectivity as state responsibilities, in line with a constitutional reform on Internet Access approved in 2024.
As a consequence, the Agency will be authorised to allocate spectrum directly to the government for commercial use without the need for an auction – unlike private parties, which must go through an auction process to access spectrum. This decision could have a direct impact on the market structure of mobile services, including Telcel, AT&T, and Altán, as part of the public-private partnership of Red Compartida. In addition, public consultations will no longer be binding, as the Executive branch now holds the authority to issue regulations.
The legislation also proposes an overhaul of the spectrum management regime, reflecting global best practices such as dynamic access, shared spectrum, and experimental sandboxes. These measures would allow innovators to test emerging technologies, including direct-to-device services and high-altitude platforms (HAPS), with a focus on increasing internet coverage. This new scheme may also foster the development of 5G private networks for industrial applications and create a better environment for smart manufacturing.
Significantly, the law tackles the high cost of spectrum use. Article 61 introduces the possibility that future laws could establish discount mechanisms for licensees that meet social coverage targets, which effectively links regulatory incentives to public service delivery, similar to models implemented in Brazil, Chile, and Colombia. However, specific rules and procedures are to be defined at a later stage. Additionally, licences will now include stronger accountability rules to prevent spectrum hoarding, ensuring better use of scarce resources.
The bill renews the idea of establishing a Register of Users of Mobile Services, which will be created in accordance with guidelines issued by the Agency. This Register may be accessed by security and law enforcement agencies (Article 160).
The initiative reaffirms net neutrality as a constitutional principle. By doing so, it protects consumer choice and service parity in the face of potential prioritisation of data traffic. Complementarily, the law mandates that all public and private networks be open to interconnection under fair and non-discriminatory terms, fostering competition and ensuring service continuity in isolated or remote areas.
On the other hand, the law introduces the definition of Digital Platforms: A digital service that enables, among other things, the offering, provision, commercialisation, or intermediation of goods, services, applications, products, or content.
The bill allows for the temporary blocking of a digital platform upon request by a competent authority. At present, it is unclear who these authorities are, however they could relate to judicial authorities. Additionally, digital content platforms are prohibited from including any advertising or propaganda financed by a foreign government, except for cultural or touristic information (Article 210).
The proposed framework embraces digital transformation as a national priority, requiring all levels of government to harmonise, simplify, and digitise processes related to telecom infrastructure deployment. The goal is to reduce processing times, cut red tape, and ultimately enable faster network rollouts, particularly in areas affected by fragmented governance. However, the implementation of these objectives through specific policies and strategies will define much of its success.
Stay Ahead of Uncertainty
As the leading tech policy firm, Access Partnership can guide you through this transformative period. Our expertise in regulatory advocacy and market strategies ensures that your organisation is prepared to adapt to these transformations.
To learn how your organisation can navigate the implications of Mexico’s regulatory reforms and leverage opportunities in this evolving landscape, please contact Geusseppe Gonzalez at [email protected] and Fernando Borjón at [email protected].
