AGREEMENT BY WHICH THE PLENARY OF THE FEDERAL TELECOMMUNICATIONS INSTITUTE ISSUES THE GUIDELINES FOR TRAFFIC MANAGEMENT AND NETWORK ADMINISTRATION TO BE FOLLOWED BY CONCESSIONAIRES AND LICENSEES THAT PROVIDE INTERNET ACCESS SERVICE.
On July 5, 2021, an agreement issued by the Federal Telecommunications Institute (“IFT” by its initials in Spanish) was published in the Official Gazette of the Federation (“DOF” by its initials in Spanish) establishing the guidelines that will regulate traffic management and network administration of Internet access services (hereinafter, the “Guidelines“). The published agreement arises as a result of the provisions of Article 145 of the Federal Telecommunications and Broadcasting Law, which provides that the IFT shall issue the Guidelines.
The purpose of the Guidelines issued by the IFT is to establish the criteria for the implementation of traffic management and network administration applicable to concessionaires that provide Internet access services. In general, these guidelines seek to ensure the quality of the service and the network, the privacy of the users, the freedom of navigation of the users and the obligation of the concessionaires not to limit the users’ access to the Internet. It also highlights the obligation of the concessionaires of this service to have a code of traffic management and network administration policies (the “Codes“), which must be published for consultation by users.
Finally, the IFT will publish an annual report on the implementation of the Guidelines and may also require licensees to adapt their Codes in accordance with the provisions of the Guidelines. These Guidelines will enter into force 60 days after their publication, that is, on September 3, 2021.