Mexico’s Supreme Court Blocks Telmex Bid for Automatic Pay TV Access

Mexico City — Mexico’s Supreme Court has rejected a challenge filed by Telmex and Telnor against restrictions in the country’s telecommunications sector, ruling that renewing their concession titles does not automatically grant them a single unified concession or permission to offer new services such as restricted pay television.

The subsidiaries of América Móvil had challenged Article 113 and transitory articles seven and ten of the Federal Telecommunications and Broadcasting Law (LFTR). The companies argued that those legal barriers undercut the principle of convergence established in Mexico’s 2013 structural reform.

The justices disagreed. They ruled that technological convergence does not operate in isolation but must be balanced against free competition rules and the obligations imposed on the country’s preponderant economic agent — a designation that applies to América Móvil.

Regulator’s Criteria Upheld

The ruling ratified the criteria set by the Federal Telecommunications Institute (IFT) when it issued the titles that took effect in March 2026. The court clarified that it did not reject a formal request for video services, but rather dismissed the idea that extending a concession constitutes an automatic pathway to them.

Under the decision:

• Telmex and Telnor must demonstrate effective compliance with the asymmetric regulation imposed on América Móvil.
• A single concession depends on meeting prior regulatory requirements.
• The long-standing ban on selling television service to the public remains in force.
• Extending the term of a contract does not expand the authorized catalog of services.

Long-Running Legal Dispute

The case follows a decade of regulatory rulings and commercial attempts. The IFT authorized the extensions in 2016 and formalized the titles in 2023, a period that also saw projects such as Claro TV’s bid to enter the restricted market.

A specialized telecommunications court had previously denied the subsidiaries’ request for constitutional protection in case 181/2023. After resolving the constitutional questions in review case 64/2026, the court’s full bench returned the file to a collegiate tribunal to settle the remaining points.

The dispute over Telmex and pay television reaffirms the legal separation between renewing a contract with the state and securing authorization to compete in new, restricted markets.