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The PJF definitively confirms the legality and constitutionality of the tender for the Shared Telecommunications Network.

The constitutional reform on telecommunications, published in June 2013, established the obligation for the federal executive to install a shared wholesale public network.

Acedo Santamarina, S.C. was hired by the Ministry of Communications and Transportation to advise it on the awarding of the contract, by means of which the project would be assigned through a public-private partnership scheme.

After more than three years of litigation, on June 28, 2020, the Second Collegiate Circuit Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, was notified of the ruling, which definitively confirmed the legality and constitutionality of the bidding process.

The judges unanimously ruled that the Ministry of Communications and Transportation acted in a legal and constitutional manner during the public-private partnership tender in which Altán Redes was the winner.

It should be noted that in the same matter, the First Chamber of the Supreme Court of Justice of Mexico had already denied the injunction against Articles 51, 52 and 53 of the Public-Private Partnerships Law, as well as Article 84, Section I of its Regulations.

Rafael Tena Castro

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