What seemed like it would never happen during the administration of President Felipe Calderón, may be about to happen, is amended to grant pay Telmex for this television networks. This may be in spite of what the President and other political party in turn would have liked. Again it is the Federal Judiciary is to provide certainty to the sector. Telmex was the purview of the federal courts against various omissions of both the Federal Communications Commission and the Secretary of Communications and Transport. The sentence of last resort under the Seventh Collegiate Administrative Tribunal of the First Circuit is an argument for Interestingly enough analysts and industry experts had never seen. Let's see.
Background. Convergence Agreement of 2006 to restrict the convergence of a company, established a special regime that had a name: Telmex. Convergence Agreement established a series of requirements that Telmex should be satisfied before providing services or pay television networks, among which were certain interconnection obligations, implementing number portability, to be in compliance with its obligations. Once Telmex has complied with those obligations, then Cofetel would give a favorable opinion for which there out with the Secretary of Communications and Transport to it, based on the opinion of Cofetel resolve the modification of the concession. Telmex filed its initial application in 2008, no response obtained. Later in 2009 and 2010 continued to have written looking for the lifting of the restriction of its concession in 1990 over pay television services. The responses of the authorities were media and non-formal, saying he was considering, that whatever may be resolved in a reasonable time, and so on. Finally, Telmex promoted omissions appeal against the Secretary and the Cofetel.
Amparo. The Court unanimously ruled that:
(1) the Convergence Agreement states that Cofetel had a period of 60 days to decide whether Telmex had complied with the conditions and had 15 days to notify you of the requirements were not met, if not to do , would have a favorable opinion for granted (yes fictitious). "(...) To the failure of the Cofetel to notify dealers response restrictions on the favorable opinion of compliance requested within the prescribed period, it must be taken for granted (...)."
(2) the Secretary must "(...) to provide consistent and comprehensive response to requests [for Telmex and Telnor] ... founded and reasoned manner, taking into consideration that in the case operated in full by the Federal Communications Commission, the affirmative ficta favorable opinion regarding the compliance to the restrictions contained in securities granting the plaintiffs are eliminated. " Following
. Case somehow routed to the SCT change the Telmex concession, because the favorable opinion of Cofetel have met the requirements of the Convergence Agreement, how could legally justify denying the amendment SCT granting Telmex? Doing so regardless of the very probable improper foundation and motivation, this would consolidate the increasingly popular version of the National Action Party through the Federal Executive Telmex hurt to look good with Televisa for the elections of 2012.
Society, Law and the Internet. On May 17 from 9 to 15 hours will be held free international forum led by Dr. Julio Tellez at the Institute for Legal Research of UNAM, which will direct link to the events in Geneva, and discussed the agenda national digital, Internet governance and cloud computing, among others.
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