Monday, August 31, 2015

The draft Slim TV away – Informador.com.mx

MEXICO CITY (31 / Aug / 2015) .- A few weeks they are 18 months fixed IFT to check compliance with the regulations applied to the dominant operators such as America Movil ( AMóvil), experts doubt that the agency modify the concession group so you can venture into the pay television market.

Miguel Flores Oberland, ex-commissioner of the defunct Federal Competition Commission, said that the initiation of proceedings by the IFT against Telmex hinders the possibility that the business property Carlos Slim to enter the market and they will review the conditions of its title award.

“It looks difficult for the beginning of the investigation into the entitlement to free content in broadcasting, and although they are two different procedures and be the authority itself that is judging is difficult that it will soon release the company from its obligations, “he said.

AMóvil has expressed interest to apply to the regulator that its license be reviewed after it was declared dominant. “What we have said it is that we must be sure that what we do we remove the preponderance and receive the concession to operate a television pay under market conditions,” he said last May Carlos Garcia Moreno, director of Finance signature, to El Financiero.

Gerardo Soria, President of the Law Institute of Telecommunications (IDET), said that while not resolved if there was a violation of the principle of free with Dish, not They can review the terms of its concession. “Someone who has violated an explicit prohibition of the concession, which is punishable even revocation can not change the title of concession. It would be contradictory, as it has incurred as missing, “he said.

Aleida Calleja, the Latin American Observatory of regulation, Media and Convergence, said that the regulatory authority should assess if the preponderant has effectively met the objectives of the reform.

“It would have to be a review of whether it has fulfilled the commitments, but if not, it would be unlikely (allowing it to offer TV services,” he said.
Scenarios

If the procedures carried out by the IFT determined that there was a violation of Telmex’s concession title, there are several scenarios in case the concession is withdrawn. Soria explained that there would be no affectation to users or it expected that the state has to compensate for the assets because there was a lack of the Constitution. “The Law of General Communications does not give rise to compensation if the revocation is a result of a violation by the licensee to or obligations under the law, this would be the case, to be a violation by the concessionaire “he said. In this regard, the expert compared the scenario to what happened with the company Luz y Fuerza del Centro in 2009 when SCT was confirmed that the charge of electricity service in the central states of the country was made. “In that sense, the State administered by delegating the administration of the state as an organ or SCT Telecomm Telegraph as the company restructures its subsequent privatization,” said the president of IDET.

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