New Law on Telecommunications and Broadcasting

The new “Law on Telecommunications and Broadcasting,” published in the Official Gazette of the Federation (DOF) on July 16, 2025, introduces several relevant aspects compared to the former “Federal Telecommunications and Broadcasting Law,” which are analyzed herein.

1. KEY DEFINITIONS

• Agency: Agency for Digital Transformation and Telecommunications (ATDT);
• Audiences: Individuals who hold rights as recipients and consumers of audio or audiovisual content provided through broadcasting services or restricted television and audio services, as applicable;
• Resellers: Any person who offers telecommunications services to end users through the capacity of one or more public telecom networks, without holding a concession under the terms of this Law;
• Commission: Telecommunications Regulatory Commission (CRT);
• Unlocking: The removal of technical restrictions on mobile terminal equipment so they may operate on any compatible telecommunications network;
• Law: Law on Telecommunications and Broadcasting;
• End User: Any natural or legal person who uses a telecommunications service as the final recipient.

1. NEW REGULATORY BODIES

One of the most significant changes is the creation of a new regulatory framework in the telecommunications and broadcasting sectors.

The Law provides for the establishment of the following authorities:

1. Agency for Digital Transformation and Telecommunications (ATDT)

The ATDT is now a Secretariat of State, i.e., a dependency of the Federal Public Administration. This represents a departure from its predecessor, the Federal Telecommunications Institute (IFT), which was an autonomous constitutional body.

The ATDT will be responsible for drafting and implementing national telecommunications, broadcasting, and satellite policy. It must coordinate with the CRT to promote access to information and communication technologies (ICT), broadband, and Internet services across the country.

1. Telecommunications Regulatory Commission (CRT)

The CRT is a decentralized body with technical, operational, and administrative autonomy. Its mandate is to ensure the efficient development of telecommunications and broadcasting.

Its main powers include:

• Issuing administrative regulations, Mexican Official Standards (NOMs), and other binding guidelines;
• Granting and revoking concessions and authorizations;
• Carrying out public bidding procedures;   
• Authorizing, registering, and publishing service rates;
• Imposing sanctions for violations of applicable law.

The CRT’s governing body is a five-member Plenary, appointed by the Executive and ratified by the Senate. Commissioners serve non-renewable seven-year terms, except for the President, who may serve a three-year term, renewable once.

The Law formally dissolves the IFT and transfers all its functions, assets, obligations, and personnel to the CRT. The transition begins the day after the CRT’s Plenary is fully installed. Until then, the IFT will continue operating.

1. CONCESSIONS AND AUTHORIZATIONS

The unified concession regime is retained. Entities must obtain a single concession to provide any public telecom or broadcasting service. These concessions may be for commercial, public, private, or social use, with terms of up to 30 years, renewable.

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Spectrum and orbital resources concessions—granted by the CRT—may also be for commercial, public, private, or social use, with terms of up to 20 years, renewable.

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The Law also maintains the authorization regime but introduces new scenarios requiring prior authorization from the CRT, including experimental spectrum use, technical or economic viability testing, secondary spectrum use during specific events, or use in commercial/industrial settings.

1. RIGHTS OF AUDIENCES AND END USERS

The Law distinguishes between “Audiences” and “End Users,” assigning specific rights to each:

Audience Rights:

• Receive content reflecting ideological, political, social, and cultural pluralism;
• Clear distinction between advertising and editorial content; 
• Respect for scheduled programming and prior notice of changes; 
• Right to reply: broadcasters must clarify when statements are opinions versus news.

End User Rights:

• Purchase prepaid airtime or balance without restrictions;
• Freely choose service providers;
• Mandatory unlocking of mobile devices (prepaid and postpaid) upon purchase, without additional procedures; 
• Free calls to a government-defined customer service number;
• Explicit consent required for non-original services, which may be canceled anytime;
• 30-day prior notice for contract changes, allowing users to accept, terminate, or demand specific performance.

Mandatory accessibility measures are expanded, requiring that mobile devices and pre-installed applications support users with physical, visual, or hearing disabilities.

1. DEVICE UNLOCKING

The Law mandates that all mobile devices be delivered unlocked, both prepaid and postpaid. The CRT must issue the corresponding technical guidelines.

Importantly, Article 273 specifies that the CRT must define these guidelines. While they are pending, Transitory Article 28 allows the continued application of existing rules only if they do not contradict the new Law.

The only current guidelines are the “Mobile Terminal Equipment Unlocking Guidelines” issued by the IFT on November 29, 2023, which still permit blocking. These are arguably inconsistent with the new Law and may no longer be enforceable.

Per Transitory Article 28, the CRT has 120 business days from the Law’s entry into force to issue new mobile service guidelines. Once issued, all unidentified active lines must be suspended within 120 business days, except for emergency or government numbers.

Transitory Article 24 further clarifies that the unlocking obligation does not apply retroactively to previously signed contracts. For those, unlocking may occur after full payment of the device.

En conclusión, para ver cómo deben operar las prestadoras de Servicios Móviles, hay que esperar a que la Comisión emita los lineamientos correspondientes. Esto siendo únicamente aplicable a los nuevos equipos móviles que hayan de ser entregados, ya que la presente ley no obliga retroactivamente a desbloquear aquellos equipos móviles que se encuentren sujetos a un contrato celebrado previo a la entrada en vigor de esta ley; en esos casos, el desbloqueo se llevará a cabo cuando se haya liquidado el costo del equipo.

1. NEW OBLIGATIONS FOR TELECOMMUNICATIONS CONCESSIONAIRES

1. User Registration: The ATDT will issue rules requiring mobile service providers to maintain user registries accessible to security and justice authorities.
2. Device Unlocking: Concessionaires and authorized operators must deliver unlocked devices in all cases (prepaid and postpaid).
3. Zero-Cost Services: Providers must offer the following services free of charge: alert and emergency notifications; browsing, uploading, and downloading on government platforms and sites; and calls to public service numbers.
4. Non-Exclusivity Requirements: Concessionaires are barred from entering exclusivity agreements limiting user access to terminal equipment or point-of-sale locations, including airtime purchases.

1. SANCTIONS

The Law introduces new sanctionable entities. In addition to concessionaires and authorized operators, registrars, passive infrastructure providers, and digital platforms can now be penalized.

Fines range from 0.01% to 10% of the violator’s annual revenue. For repeat violations, fines may be doubled.

Specifically, failure to comply with device unlocking obligations may result in fines between 0.01% and 0.75% of the violator’s annual revenue.

For further information, please contact:

Contact:

Lic. Edgar Ruíz Patiño

eruiz@garbar.mx

Lic. Daniel García Barragán L.

danielgb@garbar.mx