Congress to introduce the corresponding legislation to regulate access by indigenous peoples
to mechanisms to obtain and exploit frequency bands of the radio spectrum. 69
51.
Since 2002, several bills have been presented to reform the regulatory framework
related to radio broadcasting in Guatemala. In 2002, the Community Radio Broadcasting Bill
(No. 2621) was presented, which sought to recognize community radio stations and guarantee
indigenous peoples the use of radio frequencies on equal terms. 70 In 2004, Initiative No. 3142
called for the incorporation of community radio stations into the legal framework of Guatemala,
in order to provide them with certain frequencies. In 2005, Initiative No. 3151 sought the
formal recognition of community radio stations and the continuation of their services through
a usufruct concession duly granted by the Superintendency of Telecommunications. 71 These
three initiatives were sent to the Commission of Communications, Transportation, Public Works
and Housing of the Congress of the Republic, for the corresponding analysis and opinion, which
has not yet taken place. 72 In 2009, Initiative No. 4087 was presented for the purpose of
approving the “Community Media Law.” This law established a special procedure for granting
licenses, aimed at ensuring the reservation of the radio spectrum for use by community radio
broadcasters. 73 In January 2010, the Indigenous Peoples’ Commission of the Congress issued
a favorable opinion on said initiative, which is currently pending discussion in first and second
debate, and discussion and approval in third debate, as well as approval of its articles and final
wording. 74
52.
Furthermore, in September of 2002, Guatemala signed Governmental Agreement 3162002, which recognizes the existence of multiple forms of social organization: community
associations and committees; non-profit civil, peasant, women’s, trade union and academic
organizations, and those of various indigenous communities. 75 This agreement instructed the
Ministry of Culture and Sports and the Ministry of Communications, Infrastructure and Housing,
to:
[…][C]ede the use of radio frequencies[,] of which are they are usufructuaries [,] to associations
or entities with legal personality that promote constitutional values, intercultural development,
especially to indigenous communities and institutions, intellectuals, universities, academic centers,
non-profit civil associations, women’s groups, professional associations, journalists and
communicators’ associations without access to or ownership of the established media. 76
53.
The frequencies authorized to be transferred were 640, 660, 810, 840, 860, 1000, 1290
and 1440 MHz, all with national coverage in the amplitude modulation band (AM). Although
initially, the allocation of FM frequencies was authorized, two subsequent Government Decrees,
in 2002, excluded these frequencies. 77
Cf. Decision of the Constitutional Court, supra (evidence file, folios 1021 to 1022).
Cf. Initiative No. 2621, discussed by the Plenary of the Congress of the Republic on February 7, 2002 (evidence
file, folios 940 to 953).
71
Cf. Initiative No. 3142, debated by the Plenary of the Guatemalan Congress on February 1, 2005 (evidence
file, folios 955 to 967), and Initiative Nº 3151, debated by the Plenary of the Guatemalan Congress on February 9,
2005 (evidence file, folios 969 to 975).
72
Cf. Official letter DL-MAAA-0012-2021 of the Congress of the Republic of Guatemala of January 14, 2021
(evidence file, folios 1347 to 1348), and Official letter DL-MAAA-pv-839-2021 of the Congress of the Republic of
Guatemala of 4 June 2021 (evidence file, folio 1716).
73
Cf. Initiative No. 4087, debated by the Plenary of the Guatemalan Congress on August 20, 2009 (evidence
file, folios 977 to 990).
74
Cf. Official letter DL-MAAA-0012-2021, supra (evidence file, folio 1348), and Official letter DL-MAAA-pv-8392021, supra (evidence file, folio 1716).
75
Cf. Government Agreement 316-2002 of the President of the Republic of Guatemala of September 10, 2002
(evidence file, folios 1271 to 1272).
76
Cf. Government Agreement 316-2002, supra, Article 1 (evidence file, folio 1271).
77
Namely, 107.3000 MHz, with coverage of the departments of Guatemala, Sacatepéquez, Petén and
Huehuetenango, and 107.5000 MHz, with coverage in the departments of Alta Verapaz, Baja Verapaz, Chimaltenango,
69
70
-17-