CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
OPERADORA DE SITES MEXICANOS, S.A.B. DE C.V. AND SUBSIDIARIES
The Federal Telecommunications and Broadcasting Law that was published in July 2014 states that the IFT shall be tasked with promoting the execution of agreements between
asset owners and customers in order for the former to provide access to this passive infrastructure to the latter. Whenever the negotiations surrounding these agreements prove
unsuccessful, the IFT may intercede to determine the pricing and the terms of the commercial agreements. The IFT also has the power to regulate the terms of passive infrastructure
agreements between assets owners and their customers, and it may assess the agreements in terms of fair competition and take actions to ensure that the terms and conditions for
the use and sharing of the passive infrastructure are non-discriminatory.
In February 2017, the IFT issued a Biennial Ruling that amended, eliminated and supplemented the provisions stipulated in the original Ruling. Additionally, in December 2020, the
IFT issued a second Biennial Ruling, whereby the IFT's plenary session amended, eliminated and supplemented the measures imposed on the so-called preponderant economic
agent in the telecommunications sector. The amendments applicable to passive infrastructure have been deemed immaterial.
Merger
At the date of issue of these merged financial statements and with regard to the disappearing entity, the Company is in the process of obtaining acceptance from the tax authority of
the processing form for the notice of cancellation of the Federal Taxpayer Registry (RFC, by its acronym in Spanish) due to merger.
In this regard, and in accordance with the procedure in force, it shall be deemed to be complete when the Company has filed the cancellation of the RFC of the disappearing entities
mentioned in the preceding paragraph, as set out in Article 24 Section I of said code, Rule 2.5.25 of the Miscellaneous Tax Resolution and processing forms "86/CFF Notice of
cancellation in the RFC due to merger" and "316/CFF Review prior to the filing of the notice of cancellation in the RFC".
Therefore, if the procedure for the cancellation of the RFC of the disappearing companies is not completed, the tax authorities could consider the merger as a disposal for tax
purposes, with the relevant implications established in the MITL, Value Added Tax Law and other applicable laws.
Reference offer
In accordance with the Ruling as amended by the Biennial Ruling and in terms of the new regulatory framework, Telcel has drafted and/or updated its reference offer, which will be
valid until 31 December of each year. As a result, Opsimex, as the transferee of Telcel and owner of the passive infrastructure, has complied with the terms of the Ruling.
In the terms of the Biennial Ruling, there is an offer currently in effect, which was duly approved by the IFT in November 2022 and will be valid from January 1st to 31 December
2023. As per the terms of the reference offer, carriers must sign both a general agreement and an individual agreement for each site they acquire access to for a minimum of
ten years.
According to the Biennial Ruling, in July of each year the Company will be required to file a new reference offer for approval by the IFT. These new reference offers shall take effect
on January 1st of the following year, although operators may agree on reference offers with longer terms than their current reference offers.
Towers and Antennas
The Company is subject to regulatory requirements regarding the registration, zoning, construction, lighting, demarcation, maintenance and inspection of towers, as well as land-use
restrictions for the land on which the Company's towers are located. Failure to comply with these regulations may lead to fines. The Company believes that it complies substantially
with all applicable regulations.
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