On January 12, 2021, the Amendment Decree through which a section IV is added to subparagraph A) and the section (IV) of the subparagraph B) is abrogated from article 298 of the Federal Telecommunications and Broadcasting Law, was published in the Mexican Federal Official Gazette (the “Amendment Decree”).
Under the Amendment Decree, the penalty for carrying out violations to the law, regulations, administrative provisions, fundamental technical plans and other provisions issued by the Federal Institute of Telecommunication, as well as to the concessions or authorizations not expressly referred to in Chapter II of the Federal Telecommunications and Broadcasting Law (the “General Violations”), which was provided for in Section (IV) of the subparagraph B) of Article 298 of the Federal Telecommunications and Broadcasting Law (the “Law”) was abrogated and included, with exactly the same text, in section IV, subparagraph A of the aforementioned Article 298. In consequence, the penalty for breaching the General Violations decreased from 1% to 3% to 0.01% to 0.75% of the income of the concessionaire or authorized.
It is important to mention, that Section (IV) of the subparagraph B) of Article 298 of the Law that is abrogated under the Reform Decree, was declared unconstitutional by resolution of the Supreme Court of Justice of the Nation in the normative section of the 1%, for considering that such provision violates Article 22 of the Political Constitution of the Mexican United States, as it is an excessive penalty that neglects the due relationship between the conduct, the consequences produced and the applicable penalty, besides that the minimum fine is greater than the minimum fine applicable for other infringements. This led to the jurisprudence 2ª/J. 167/2017 (10ª).