The Second Chamber of the Court denied Telmex to establish, operate or exploit a telecommunications services marketer because it is the predominant economic agent. The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) denied on Thursday Telmex to establish, operate or exploit a commercialization of telecommunications services, that is, to offer services as a Virtual Mobile Operator (OMV) as it is a Preponderant Economic Agent (AEP) ) in the industry.
“The Justice of the Union DOES NOT PROTECT OR PROTECT Telephones of Mexico, a stock company with variable capital, and Telephones of the Northwest, a stock company with variable capital, against the last paragraph of article 174 of the Federal Law of Telecommunications and Broadcasting”, the Second Chamber of the SCJN sentenced in its ruling. He recalled that article 174 of the Federal Law on Telecommunications and Broadcasting establishes that the concessionaires that are part of the economic group to which the predominant economic agent belongs may not participate directly or indirectly in any service marketing company; Repeated prohibition in article 10 of the Guidelines for the commercialization of mobile services by virtual mobile operators.
On August 28, 2018, Telmex asked the Federal Telecommunications Institute (IFT) for authorization to establish and operate or exploit a telecommunications services marketer, however in October of that year, the head of the IFT Concessions and Services Unit issued the resolutions denying the authorizations, considering that Telmex is prohibited from participating directly or indirectly in companies that commercialize telecommunications services because it is a Preponderant Economic Agent. América Móvil told El Financiero that the amparo sought clarity in the IFT’s interpretation of the ban on establishing a trading company.
Source: El Financiero