Thursday, September 19, 2024

Mexico: Do you have telecommunications infrastructure? You must report it to the new National Infrastructure Information System

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In brief

Telecommunications concessions and authorization holders and other companies that own or use telecommunications or broadcasting infrastructure must provide certain information to the Federal Telecommunications Institute through the National Information and Infrastructure System (Sistema Nacional de Información e Infraestructura (SNII)). The obligation to report such information is effective as of July 2024. The SNII is a database that will contain information on active infrastructure and means of transmission, passive infrastructure, rights of way and public and private sites used by operators providing telecommunications or broadcasting services.


Contents

  1. Key takeaways
  2. In depth
    1. Who is obliged to register information in the SNII?
    2. What is the information to be registered?
    3. When should I register the information?
    4. What if I don’t have an electronic folio?

The obligation to report information to the SNII falls on concessions and authorization holders in Mexico. Although the SNII guidelines were issued in 2019 and modified in 2024, it is in July of this year when they become mandatory.

Therefore, regulated entities must:

  • Identify the month designated as the deadline for registration of information in accordance with the calendar established in the guidelines.
  • Identify the telecommunications or broadcasting infrastructure to be registered.
  • Update information on a semi-annual basis.

Pursuant to the Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión (LFTR)), the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones (IFT)) has the authority to create and maintain the National Infrastructure Information System (Sistema Nacional de Información de Infraestructura (SNII)). The SNII is a geo-referenced national database that will contain information regarding (i) active infrastructure and transmission means; (ii) passive infrastructure; and (iii) rights of way and public and private sites used by operators providing telecommunications or broadcasting services (“Relevant Information“). 

To this end, in October 2019, the IFT issued the Guidelines for the delivery, registration and consultation of information for the formation of the SNII, which were amended in February 2024 (“Guidelines“). Although the Guidelines became effective in October 2019, the SNII had not started operations until July 2024. Therefore, we have prepared a summary of the most relevant points to be considered to comply with the LFTR and the Guidelines.

Who is obliged to register information in the SNII?

Concession and authorization holders, public agencies that own or use the telecommunications or broadcasting infrastructure established in the Guidelines, and, if applicable, private parties that wish to make private sites available to concession and authorization holders for the provision of public telecommunications or broadcasting services (“Regulated Entities“) will be responsible for submitting and keeping the Relevant Information updated in the SNII.

What is the information to be registered?

Regulated Entities must deliver the information indicated in the Guidelines regarding active infrastructure, transmission media, passive infrastructure, rights of way, and public and private sites owned or used by them for the provision of telecommunication or broadcasting services to the population.

When should I register the information?

The obligation to register in the SNII will begin in July 2024. As of this date, Regulated Entities must register the Relevant Information in accordance with the calendar established by the Guidelines.

The deadline to register the Relevant Information in the SNII will be defined based on the last number of the electronic folio granted by the IFT in the Public Registry of Concessions, as follows:

In addition, the IFT mentioned that as of June, the SNII may be available so that the Regulated Entities may carry out tests to upload the Relevant Information.

Updating periods

From January 2025, Regulated Entities must keep their information registered in the SNII up to date. Therefore, Regulated Entities  must reupload the Relevant Information in accordance with the calendar established in the Guidelines every six months, even if there has been no modification.

What if I don’t have an electronic folio?

Regulated Entities that do not have an electronic folio must process its application at least 30 calendar days prior to the first initial upload of information, in accordance with the procedure established in the Guidelines.

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