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MEXICO: Public Consultation Regarding The Preliminary Draft Agreement, IFT Modifies Conformity Assessment Procedure
April 22, 2021

On April 21, 2021, the Federal Institute of Telecommunications (IFT) issued a Public Consultation named “Preliminary Draft Agreement by which the Plenary of the Federal Telecommunications Institute modifies the Procedure for the evaluation of conformity in matters of telecommunications and broadcasting”

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This public consultation has been motivated by several reasons, among them the manifestations of different stakeholders (consumers, users, audiences, indigenous population and/or industry in the telecommunications and broadcasting sector) expressing their concerns due to the non-transferability of certificates, the sharing of test reports to IFT, issues with certificate extensions, the number of samples per certification scheme, and the inclusion in the scheme of Sample by Product Model for a single Lot, for non-new products.

The main objectives of this consultation are:
i) To establish the requirements that the interested parties must meet, in order to include importers as entities who can make use of the corresponding Certificate of Conformity.
ii) To establish that the Institute will have access to the technical information of the Test Reports, at any time that the authority so requires, in addition to modifying their validity to 90 days.
iii) To establish that the extension of the Certificate of Conformity in the “Sample by Product Model and Surveillance for more than one Lot” scheme, would be subject to a documentary analysis, as well as the corresponding record of the additional lots that are requested to be expanded in a Certificate Compliance.
iv) To determine the number of samples presented in each scheme, except in cases where, specifically, the applicable technical provisions indicate the obligation to present more than one sample.
v) To establish a series of procedures that allow to carry out the conformity assessment of a non-new product, ensuring that said product complies with the applicable regulations and thus, provide users with the assurance that used, second-hand products, rebuilt, reconditioned or similar comply with the applicable technical – regulatory framework.

This Preliminary Draft Agreement Added and modified contents in the following sections of the 2020-PEC:
Article 4 (Ownership of Certificate of conformity)
Article 30 (The annual number of Surveillance visits)
Articles 7 (Obtained Certificate of conformity)
Article 11 (Obtained Certificate of conformity)
Article 12 (Roles for the owners, affiliates, subsidiaries and/or Importers that make use of a CC)
Article 15 (When the CB must suspend the CC)
Article 26 (Samples Required)
Article 30 (The annual number of Surveillance visits)

How to comment:
It’s important to note that not the full PEC is under consultation, but only the indicated sections.

April 21st, 2021 to June 19th, 2021 (60 calendar days) The Institute will receive comments, opinions, and contributions in relation to the content of the Draft, via, or, by means of a physical letter presented in the Office of Common Parts of the Institute located in Insurgentes Sur 1143, colonial Nochebuena, Benito Juárez Demarcación Territorial Benito Juárez, CP 03720, Mexico City – Monday through Thursday from 9:00 a.m. to 6:30 p.m. and Friday from 9:00 a.m. to 3:00 p.m.

The Institute has presented a special form (in Spanish) called “Formato para participar en la Consulta Pública” for those interested in participating in the consultative process. This form should be answered and sent to the Institute in accordance with the instructions in the preceding paragraph (format attached).