Global law firm White & Case LLP successfully represented the Mexican division of Telefónica, one of the world's largest telecommunication conglomerates, in a case heard by the Mexican Supreme Court. The court ruled that mobile termination rates the Ministry of Communications and Transports (MCT) required Telefónica to charge should be voided.
The decision also establishes the Federal Telecommunications Commission (FTC) as the sole authority to set mobile termination rates that cellular carriers charge telecommunications companies.
"The court's ruling sets a landmark precedent for the telecommunications industry in Mexico because it recognizes the full independence of the FTC from the MCT which is, in essence, a political entity," says White & Case Attorney Ismael Reyes Retana who represented Telefónica. "The importance of this decision lies in it giving mobile carriers more legal certainty."
In its opinion, the justices said that the MCT lacked jurisdiction to overturn rulings issued by the FTC on Telefónica's mobile termination rates. Telefónica has for years been charging telecom firms mobile termination rates set by the MCT that were lower than those favored by the FTC.
In addition to Ismael Reyes Retana, the White & Case team advising Telefónica comprised Mexico City local partner Gustavo Robles Cuevas and associate Antonio Cárdenas Arriola.
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