Telmex wins protection to provide cable TV

The Mexican group wins the fight against the Ministry of Communications and Transportation (SCT) in order to provide pay television service. The SCT could challenge the decision of the federal judge who has decreed the protection.

A federal judge granted Telefonos de México (Telmex) an injunction for the purposes of the Ministry of Communications and Transportation (SCT) issuing a resolution indicating that the company can modify its concession title, which could provide pay television service.

The head of the 6th District Court in Administrative Matters, Jessica Villafuerte, granted the protection since the federal agency omitted the procedure through which Telmex had to verify its requirements for the modification of this concession.

The Federal Telecommunications Commission (Cofetel) did not respond in a timely manner regarding the denial it had issued to modify the concession, and Judge Villafuerte determined that the SCT did not comply with the procedures when denying the concession title, due to the omission of the respective procedure, so the protection is delivered automatically.

The legal expert and former counselor of the Supreme Court of Justice, Carlos Enrigue Zuloaga, explains that "the protection depends on the effects; offering cable television is a consequence", and in this case "the question is whether Telmex has to initiate a new procedure, or they accept to modify the concession title."

However, the SCT or a third party may challenge this decision, which confirms a ruling that had already been issued by a collegiate court on the matter, which could once again order that the authority be subject to the resolution. At night, the SCT reported that the protection is not definitive and could resort to the appeal for review.