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[null,"Prepared By:","Contributors:"]
[null,"Mayora & Mayora, S.C.","Eduardo Mayora"]
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["Lex Mundi Latin America and the Caribbean: TMT and Cyber Guide"]
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["Report Generated: 6/23/2026"]
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["View your report results on next tab"]

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["Question","Guatemala"]
["Telecommunications Market Overview"]
["1. What is the current state of the telecommunications market in your jurisdiction? Who are the main players in the market?","The latest available official data from the Superintendence of Telecommunications (\"\nSIT\") (second semester of 2024) shows eight active Local Network Operators offering telephony services in the country, and 113 active registered Commercial Network Operators.\nThe two main players in this market are Tigo and Claro, offering mobile and fixed telephony, internet and cable television to homes and businesses. Significant parts of their activities include prepaid mobile phones and digital television, especially offering various sports programming and alliances with some streaming services. \n"]
["2. What is the market share for different services (mobile, broadband, Pay TV, etc.)? E.g., level of penetration for mobile services, fixed broadband, 4G, 5G, and fiber deployment.","As reported by \nSIT at the end of 2024, Claro had 81.60% of a total of 1,983,274 fixed telephone lines, while Tigo had 18.38%. Mobile lines total 20,710,994, with a share of 55.97% for Tigo and 44.03% for Claro. Of these, 18,298,373 (88.35%) are prepaid mobile phones. Mobile users are, by far, a majority, making up 91.26% of lines in operation, to only 8.74% fixed line users.\nSIT reports a total of 982,517 fixed broadband users, as well as 16,945,667 smartphones operational in Guatemala. 61% of smartphones (10,392,659) operate with Tigo. 99.99% of all mobile broadband data traffic (local and roaming) was generated by Tigo users.  \n"]
["3. What are the most relevant trends and challenges in the ICT industry? \nAre there ongoing developments in areas such as 5G deployment, IoT, satellite services, infrastructure investment, or market consolidation?","At the end of 2024, fixed telephony in Guatemala had 1,983,274 users, up from 429,712 in 1997 (the first year after enactment of the \nGeneral Telecommunications Act). Mobile telephony, on the other hand, had 64,194 users in 1997, growing to 20,710,994 by the end of 2024.\nClaro and Tigo have deployed 5G technology in their telephone offerings, starting with the country’s capital and continuing to expand infrastructure to widen coverage.\nStarlink has begun offering satellite services in the country and, as reported by the Superintendent of Telecommunications in late 2023, Amazon is in the process of setting up the launch of Project Kuiper in Guatemala.\nThe Guatemalan Congress enacted a \nCompetition Act in late 2024, which will come into full effect in December 2026. It contains provisions on merger control and anticompetitive conduct. Implementation and enforcement will need to be harmonized with preexisting rules and procedures in the telecommunications sector, both substantially and as relates to coordination between the Superintendence of Competition and the Superintendence of Telecommunications. \n"]
["Regulatory Framework"]
["4. What are the main laws governing telecommunications in your jurisdiction? \nWhich authority regulates the telecommunications sector?"," The main laws governing telecommunications in Guatemala are: \n \n General Telecommunications Act (Congressional Decree 94-96) (\" GTA \"). \n Radiocommunications (Broadcasting) Act (Decree-Law 433 of the Chief of Government) (\" RBA \"). \n Act Regulating Use and Reception of Satellite Signals and Their Distribution by Cable (Congressional Decree 41-92) (\" Cable Act \"). \n Mobile Terminal Equipment Act (Congressional Decree 8-2013). \n Regulation for the Provision of International Telephone Service (Government Accord 408-99). \n Regulation for the Exploitation of Satellite Systems in Guatemala (Government Accord 574-98). \n Decision SIT-DSI-378-2020 of the Superintendence of Telecommunications, governing Earth Stations In Motion (\" ESIM \"). \n Decision SIT-3709-2014 of the Superintendence of Telecommunications, governing Satellite Data Service (\" SDS \") and Direct-to-Home Satellite Broadcasting (\" TSDH \"). \n \n Other laws regulate specific aspects relevant to telecommunications services. For example, the Act Against Organized Crime (Congressional Decree 21-2006) and the Regulation for the Application of Special Investigative Methods (Government Accord 158-2009, in application of Decree 21-2006) , contain rules and obligations related to lawful intercept and data retention. \n The Superintendence of Telecommunications (\" SIT \"), a technical organ of the Ministry of Communications, Infrastructure and Housing (part of the Executive Branch), is the regulatory authority for the sector.  SIT issues rules governing aspects such as administrative procedures and fees, as well as broader regulations developing satellite telecommunications under new technologies and services.  "]
["Licensing"]
["5. Describe the licensing requirements for the provision of the following services: Internet Access; Data transmisión; Mobile telephony; Mobile Virtual Network Operators (MVNOs); Pay TV.","The \nGTA (Article 22) states that contractual conditions and prices for providing all types of commercial telecommunications services shall be freely stipulated by the parties and not subject to regulation or approval by any authority, except as it concerns access to essential resources, as regulated by the \nGTA itself.\nAll Commercial Network Operators (\"\nCNO\") must register before \nSIT and comply with the general basic requirements. There are specific requirements for authorization to provide telephony service and to operate international ports, as well as a registration requirement for those who commercialize mobile equipment and SIM cards.\nThere are also specific licenses for activities related to satellite systems, including landing rights (providers of satellite facilities) and for providing satellite telecommunications services (users of satellite facilities) to end users. These requirements, as well as those applicable to different forms of radio and television services, are explained elsewhere in this questionnaire. \n"]
["Foreign Ownership Restrictions"]
["6. Are there any foreign ownership restrictions on telecom operators?"," There are no foreign ownership restrictions on telecom operators. Furthermore, Guatemala has a specific Foreign Investment Act (Congressional Decree 9-98) guaranteeing, among other things: \n \n Equal treatment and enjoyment of constitutional rights to both foreign and local investors. \n The right to take part in any legal economic activity within the country. \n The right to repatriate to foreign countries any profit generated in Guatemala. \n The right to transfer capital out of Guatemalan territory. \n \n As a WTO member, Guatemala applies the most-favored-nation and national treatment principles in legislation on various trade-related matters.  "]
["Price Regulation"]
["7. Are service prices regulated or freely determined?","Service prices are freely determined, under \nArticle 22, \nGTA.\n"]
["License transfers / Change of Control"]
["8. Is regulatory approval required for license transfers or corporate control changes? \nWhat are the conditions or requirements?","From a strictly telecom perspective, regulatory approval is not required for license transfers or corporate control changes in the sense that \nSIT may object to a proposed transfer or change. It is, however, necessary to notify \nSIT when such transfers or changes entail, for example, a change in the name of a registered CNO or the transfer of a license as a user of satellite facilities.\nCorporate control changes (including changes in rights of use over assets) may require approval from the Superintendence of Competition if they fall under the general rules of the\n Competition Act governing economic concentration. Among other aspects, thresholds that trigger the requirement are set in relation to combined total assets or turnover in Guatemala, not by percentage of market share. This legislation has been recently enacted, and its substantive provisions will take effect in December 2026. Its implementation will require further regulations (not yet issued as of October 2025), including rules on coordination with sector-specific authorities such as \nSIT.     \n"]
["Universal Service"]
["9. Are there universal service obligations? If so, what are the applicable rules?","There are no universal service obligations in Guatemala, although some legislative bills have been (thus far, unsuccessfully) proposed.\n"]
["Interconnection and Access"]
["10. What are the interconnection and access obligations? Net neutrality - Are there obligations to block or filter internet content under specific conditions?","The \nGTA establishes that the interconnection of commercial telecom networks shall be freely negotiated between the parties. Interconnection contracts are not subject to special formalities, but \nSIT may require operators or providers to register legalized copies of the contracts.\nSIT may require commercial network operators to offer leased circuits at flat rates with cost-oriented pricing, in reasonable and non-discriminatory terms and conditions.\nSIT may also require important providers (as defined in WTO obligations) to provide or offer access to unbundled fixed network elements, co-location of necessary interconnection equipment, and services resale, in terms, conditions and cost-oriented rates which are reasonable, non-discriminatory and transparent.  \nCommercial network operators must provide access to essential and additional resources to any operator that requests it, with the corresponding payment, in the requested quality and nodes as technically feasible.\nOperators have a right to contractual conditions similar to those in force with other operators in similar circumstances. Access to essential resources may not be suspended except upon expiration or violation of the contract, or force majeure.\nProviders of telecommunications services shall grant treatment no less favorable than that granted to their subsidiaries, affiliates and unaffiliated providers with respect to the availability, provision, fees and quality of similar public telecommunications services, and to the availability of technical interfaces necessary for interconnection.\nIf the parties do not reach a negotiated agreement for access to essential resources within forty days (or a voluntary extension), they may ask \nSIT to decide. The decision will result from a special procedure involving opinions issued by experts, selected by the parties from a pre-approved list by \nSIT. This procedure also applies to conflicts regarding access to additional resources, leased circuits, unbundling, co-location and resale.\nObligations on resale, number portability, dialing parity, unbundling of network elements, interconnection, leased circuits, co-location, and access to rights-of-way are not applicable to operators of mobile and rural commercial services.  \nThere are no general statutory obligations to block or filter internet content under specific conditions. However, internet content may be blocked by court orders arising, for example, from proceedings for copyright infringement. \n"]
["Spectrum Management"]
["11. How is radio spectrum allocated and managed? \nWhat is the process for awarding high-demand mobile frequencies (e.g., auction, tender, on demand)? \nIs there a secondary market for spectrum (e.g., spectrum trading or leasing)?","The \nGuatemalan Constitution states that radioelectric frequencies are State property. The use, utilization and exploitation of spectrum may be carried out only as prescribed in the \nGTA. Frequency bands are classified as reserved, regulated and for use by amateur radio.\nUse of regulated frequencies is assigned through titles issued by \nSIT, representing a right of usufruct, commonly known as \"\nTUFs\", based on their Spanish acronym. They are valid for twenty years and may be extended for equal periods.\nSatellite network operators must have spectrum use rights clearly established through international treaties, conventions or agreements ratified by Guatemala; through a \nTUF; or through an operating license.\nA \nTUF will specify the frequency range, stating the operating schedule, the geographic area of influence, the maximum effective radiation potency, and the maximum intensity of the electric field or maximum potency admissible in the contour of the coverage area. It will also contain a number identifying the \nTUF, the date of its issue and expiration, the name of its holder, and a blank space for endorsements or annotations.  \nTUFs may be wholly or partially traded or leased, thus creating a secondary market for spectrum. Transfer of \nTUFs is made by endorsement and must be registered before \nSIT. Upon partial transfer, the original \nTUF will be canceled, and two new titles will be issued.\nTUFs are awarded through a petition from the interested party to \nSIT. The petition is made public and, if other parties file an expression of interest in acquiring it,\n SIT shall open the band to public auction. The requested band may be fractioned by \nSIT if this is considered necessary to promote competition in the telecoms market.\nSIT may only deny requests for frequency bands when: (a) current technology makes them impossible to define as suggested by the applicant; (b) their granting would violate international treaties, conventions or agreements ratified by Guatemala; or (c) they refer to bands previously granted to other parties, or to reserved or amateur frequencies. Third parties may file opposition to the request, alleging that its granting would harm their legitimate interests.\n"]
["Right of Way and Support Structures"]
["12. Are national, regional, or municipal authorizations required for installing telecom infrastructure? \nWhat are the rules regarding the use of support structures (e.g., towers, poles; sharing of infraestructure)?","The \nGTA states that the installation of telecommunications networks implies the ability to install them on common-use public property through the establishment of easements or any other right, with the obligation to comply with applicable technical regulations and with municipal and zoning ordinances.\nEasements or other rights affecting non-common public property or private property must be agreed to between the parties and shall be governed by the general applicable rules, such as the \nCivil Code.\nGuatemala’s territory is divided into 340 municipalities, i.e., 340 local governments empowered by the \nConstitution and statutes (such as the\n Municipal Code) to enact regulations on matters such as zoning, the use of public roads and other public spaces, and the use of common or non-common municipal property. Within these powers, each municipality has different rules regarding the installation and use of support structures for telecommunications activities. \nWhile there have been many challenges to the constitutionality of municipal rules affecting telecom and television infrastructure, and thus many rulings from the Constitutional Court clarifying or expounding on certain aspects, they have been related almost exclusively to the ability of municipalities to impose fees for activities such as installing towers, poles and cables. Thus, such precedents are more a body of tax law than of telecom law and depend greatly on how fees have been designed in each case.   \n"]
["Passive Infrastructure"]
["13. What regulations apply to the deployment and sharing of passive telecom infrastructure?","Passive telecom infrastructure is governed, in general terms, by the \nGTA provisions explained above, including those on additional resources, which include access to rights of way and to submarine cable systems and platforms.\nEach municipality has issued different local regulations on the matter. Some have observed that efforts towards regulatory harmonization and coordination are necessary to improve incentives for investment.\nFor example, the Municipality of Guatemala (the country’s capital and largest city) issued regulations for the implementation, use and administration of a Sole Municipal Pole (\"\nPUM\", by its Spanish acronym) for infrastructure related to data transmission, internet, telephony and cable television services. \n"]
["Submarine Cables"]
["14. Are regulatory authorizations required for the landing and operation of submarine cables?","The landing and operation of submarine cables require authorization from the National Maritime Authority, which is the Ministry of Defense. Specifically, it is filed before the Department of Hydrography and Oceanography, an office within the Ministry’s General Directorate of Maritime Affairs (\"\nDGAM\", by its Spanish acronym). \nThe application must include a bathymetric survey previously approved by \nDGAM; technical plans and specifications on routes, equipment, vessels, timeline, etc.; vessel certificates and licenses; an insurance policy; and an environmental impact assessment previously approved by the Ministry of the Environment and Natural Resources. \n"]
["Satellite Services"]
["15. What are the licensing requirements for satellite services (based on the type of constellation)?"," Regulation 574-98 applies to both GSO satellites and NGSO constellations. The difference will be the annual fee (per satellite, per system) to be paid. Satellites for use exclusively in research or related activities are exempt from payment. \n There are two types of operating licenses that may be issued by SIT : \n \n As a provider of satellite facilities (\" PSF \") (landing rights), authorizing to radiating of a signal over Guatemalan territory through a satellite or satellite system, through contracts with authorized users of satellite facilities. The license will establish the technical, operational and legal conditions for use in telecommunications activities in Guatemala. This license does not enable its holder to install and operate telecommunications networks in the country, for which the applicable requirements (such as registration as a user of satellite facilities and a commercial network operator) shall be met. To obtain landing rights in Guatemala, the applicant must file a petition before SIT, including:\n \n Certification of acting as the owner of the satellite facilities or through delegation. \n Notarized copy of documents showing the creation and legal representation of the legal entity, or the identity of the applicant if it is an individual. \n Documents issued by competent authorities, showing results of procedures for coordination, notice and registration of frequency assignments to the satellite system before ITU .  \n Document designating one or more technical representatives before SIT . \n List of satellites or a constellation of satellites through which the satellite facilities are to be provided, including technical information specified in the Regulation .  \n Declaration guaranteeing non-discriminatory treatment to potential users. \n Statement of an address to receive notifications in Guatemala. \n \n \n As a user of satellite facilities (\" USF \"), authorize the use and commercialization of satellite facilities. Individuals or entities authorized to provide telecom services or to carry out telecom activities in Guatemala (such as those registered as commercial network operators) may directly agree on the use with any provider registered before SIT . User applicants must file a petition before SIT, including: \n \n Legalized copy of the contract between the provider and the applicant. \n Certificate issued by the provider indicating the orbital position of the satellite, satellites or constellation through which they intend to operate, associated frequencies assigned by ITU , and bandwidth to be used. \n Technical specifications of the earth station or stations through which they will use the facilities, as specified in the Regulation for uplink or downlink stations.  PSF licenses are valid for ten years and may be renewed for equal periods. USF licenses are issued for a period equal to the duration of the contract between provider and user, up to ten years. If the contract is longer, the user may request an extension within sixty days prior to the license’s expiration. A USF license will cease to have effect when, for any reason, the contract between provider and user is terminated. In such cases, the provider must notify SIT of the termination within the following five days.   \n \n \n "]
["16. Are authorizations required for ground stations?","Regulation 574-98 requires satellite uplink and downlink ground stations to be authorized and registered by \nSIT, except for global radiocommunication equipment and satellite broadcasting receivers. All changes to stations due to changes in technology, capacity increases or frequency offsets must be previously reported to \nSIT. Stations linked to PSTN must also be registered by \nSIT.\nThe ABA requires all radio and television broadcast stations to be authorized by the Ministry of Communications, Infrastructure and Housing, and to be built and installed in accordance with the provisions and requirements of the ABA, with plans, memories and diagrams approved by the Ministry with prior opinion from the DGRTN.\nThe \nCable Act also designates the Ministry of Communications, Infrastructure and Housing as the authority in charge of authorizing the installation, functioning and control of home and commercial ground stations, in accordance with the \nCable Act and the RBA. \n"]
["17. Is direct-to-device satellite communication regulated?","Regulation 574-98 defines satellite broadcast services as any in which signals issued or retransmitted by space stations are destined to direct reception by the general public. It also defines global radiocommunication services, as communication services provided directly to end users through the use of satellite facilities at a regional or global level.\nProviders must register before \nSIT and obtain landing rights in Guatemala. Users of satellite facilities whose earth stations receive audio and/or television signals from satellite broadcast services, to retransmit and distribute through their own networks, must formalize contracts with providers holding landing rights in the country. Signals for these services must be codified.     \n"]
["Telecommunications Equipment"]
["18. Are telecommunications devices subject to homologation or type approval?","Guatemala has no requirements for homologation or certification of telecommunications devices. \nSIT issues an optional “notice of dispensation” stating that no homologation is required if companies wish to have an official statement covering specific equipment to be commercialized in the country. \n"]
["Audiovisual Communications Services Market Overview"]
["19. What is the current state of the audiovisual market in your jurisdiction? \nWho are the main players? \nWhat is the market share of Pay TV, OTT platforms, and traditional broadcasting (radio and free-to-air TV)? \nWhat are the main regulatory or industry issues (e.g., OTT regulation, media ownership restrictions, updates to traditional service frameworks)?","As of 2018, citing data from \nSIT, the spectrum in Guatemala had a total of 4,431 frequencies, of which 1,543 were used for cable TV, 457 for broadcast TV, and 726 for radio. Grupo Albavision, a multinational media conglomerate founded by a Mexican-Guatemalan national originally as a distributor of Mexico’s Televisa, held 46.6% of TV frequencies.\nPay TV also has Claro TV and Tigo TV as its main players, with market shares of 20% and 37%, respectively. As of 2020, there were 844,990 Pay TV subscribers, with Tigo TV being the only provider showing upward growth.\nAccording to a 2022 news report, citing statistics from a business association, nearly 400 cable TV providers operate in Guatemala, but only 50 of them provide service to around 75% of users. The latest official census (2018) showed that 55% of households have access to cable TV, in addition to 16% of the population that only has access to traditional open broadcast TV, while 17% of households have no television device at all. Out of all households covered by the census, 88.1% had access to electricity, of which 65% had at least one radio, 71% had at least one television, 79% had at least one computer, and 17% had internet service. \n"]
["Audiovisual Communication Services Regulatory Framework"]
["20. What are the main laws applicable to audiovisual communication services? Which authority regulates this sector?"," The main laws applicable to audiovisual communication services are: \n \n General Telecommunications Act (Congressional Decree 94-96) (\" GTA \"). \n Radiocommunications (Broadcasting) Act (Decree-Law 433 of the Chief of Government) (\" RBA \"). \n Act Regulating Use and Reception of Satellite Signals and Their Distribution by Cable (Congressional Decree 41-92) (\" Cable Act \"). \n Copyright and Neighboring Rights Act (Congressional Decree 33-98).  \n Regulation for the Exploitation of Satellite Systems in Guatemala (Government Accord 574-98). \n Public Spectacles Act (Presidential Decree 574) (\" PSA \").  \n Decision SIT-3709-2014 of the Superintendence of Telecommunications, governing Satellite Data Service (\" SDS \") and Direct-to-Home Satellite Broadcasting (\" TSDH \"). \n \n Within their respective spheres of competence, both the Superintendence of Telecommunications (\" SIT \") and the General Directorate of National Radio and Television Broadcasting (\" DGRTN \", by its Spanish acronym, also known as TGW Radio) exercise oversight and specific functions in the sector. Both SIT and DGRTN are offices of the Ministry of Communications, Infrastructure and Housing.  "]
["Audiovisual Communications Services Licensing"]
["21. What types of licenses are available? \nWhat is the procedure to apply for a license? \nWhat is the duration of audiovisual licenses?","Traditional broadcasting is regulated in the \nRBA, which establishes a licensing system known as broadcast concessions. Concessions to exploit commercial stations for radio and television channels are granted by the Ministry of Communications, Infrastructure and Housing for up to twenty-five years and are renewable for equal periods.\nParties interested in obtaining a concession must file an application before the \nDGRTN. The petition is published in the \nOfficial Bulletin, granting a period for potential objections. Afterwards, the \nDGRTN will issue an opinion and elevate the petition to the Ministry, which will rule on the petition and the opposition. Once the concession is granted, the applicant must post a guarantee in favor of the State up to the time of entry into operation.\nThe administrative act granting the concession will specify the holder, the duration, the assigned frequency or channel, the station’s name and callsign, the location of transmission equipment, the authorized potency, the radiator system with its technical specifications, the schedule of operation and any other necessary conditions or requirements.\nThe \nCable Act applies to the use and operation of ground stations receiving signals from satellites and distributing them through cable or any other known means. \nRegulation 574-98, when defining satellite broadcast services, explicitly excludes television signals distributed through artificial guides from the \nRegulation’s scope of applicability. Thus, cable television remains governed by the \nCable Act.\nThe interested party must file an application for a cable license with the Ministry of Communications, Infrastructure and Housing. The \nCable Act does not foresee a period of publication and opposition, as does the \nRBA. Commercial station licenses will be granted for fifteen years, and the holder will have priority right to file for extensions. Home stations may be licensed for an indefinite period.\nTelevision may be provided through satellite broadcast services, in which case providers will require a landing rights license and/or a license as users of satellite facilities, with the application procedure and duration explained above. \nSIT handles Direct-to-Home Satellite Broadcasting (\"\nTSDH\") as a special kind of \nUSF license, with the same basic procedures and duration.\nThe \nPSA includes film and television companies under its applicability. The Directorate of Public Spectacles (currently General Directorate of the Arts), an office within the Ministry of Culture and Sport, issues film ratings, licenses for artistic performances and conferences, for nightclubs and restaurants featuring live music or dance halls, for local and foreign circuses, for theater plays and for movie theaters. It may also issue, upon voluntary petition from an interested party, a declaration that a specific matter is not under its purview or jurisdiction. The \nPSA dates from 1956 and is widely considered outdated regarding advances in the technology and operations of the entertainment industries, as well as constitutionally inadequate from a free-speech perspective. Although various bills have been drafted to replace it, none have thus far been passed into law. \n"]
["License or Share Transfers"]
["22. Is regulatory approval required for license or share transfers? What are the conditions or requirements?","Under the \nRBA, broadcast concessions may not be transferred. The only transfer allowed under the \nAct is to the heirs of the concession holder, when it is an individual (corporations and other legal entities may also hold concessions).\nUnder the \nCable Act, the sale, transfer or lease of any ground station or of the cable distribution network requires prior authorization from the Ministry of Communications, Infrastructure and Housing.  \n"]
["Restrictions"]
["23. Are there restrictions on foreign investment? \nAre there exceptions? \nAre there any incompatibilities or cross-ownership restrictions?","The \nRBA originally allowed granting concessions only to Guatemalan nationals or to entities with at least 75% Guatemalan shareholders or partners. This specific provision was repealed by the \nForeign Investment Act, thus allowing foreign ownership without limitation.\nHowever, a concession may be revoked when the entity holding it has foreign States or governments, or companies owned by foreign States or governments, as direct or indirect shareholders or partners. \n\nIt may also be revoked when the holder changes their nationality. This provision applies to individuals.\nFurthermore, although the nationality of legal entities is a matter of discussion in \nInternational Private Law, Guatemala does recognize entities created under \nGuatemalan Law as Guatemalan entities, under \nArticle 76 of the Nationality Act (Congressional Decree 1613 of 1966). Also, the \nRBA states that the holder of the concession (if an individual) or the legal representative of the entity holding the concession shall be, for legal purposes, considered as the station’s director, which in all cases must be a Guatemalan national.\nThus, foreign ownership under the \nRBA is allowed only in the case of foreign private entities. \n\nSimilarly, the \nCable Act originally allowed granting licenses only to Guatemalans or to entities with at least 70% Guatemalan shareholders or partners. This provision was also repealed by the \nForeign Investment Act. \n"]
["24. Are there limits to the number of licenses that can be held?","There are no specific limits to the number of licenses that can be held. However, the \nRBA does contain a general provision stating that the Ministry of Communications, Infrastructure and Housing must prevent abuse in the granting of broadcast licenses (concessions), and regulate the use of repeaters and link systems, to limit the operation of companies tending to absorb this activity to the detriment of the State or of third parties. \n"]
["Registries"]
["25. Are audiovisual signals, production companies, and advertising agencies subject to registration?"," The DGRTN authorizes and registers: \n \n Voice-over artists. \n Radio and TV commercials. \n Broadcasting technicians. \n Newscasts. \n Destocking of radiophonic equipment. \n \n In general, DGRTN oversees compliance with legislation related to commercial advertisements, programming and content on radio and TV stations. \n The Cable Control and Supervision Unit (\" UNCOSU \", by its Spanish acronym), also an office within the Ministry of Communications, Infrastructure and Housing, registers all documents pertaining to the legalization of intellectual property rights or exhibition rights related to individual programs or to the programming, in whole or in part, of a given channel, as well as special events, executed between the rights holders and the concessionaries of commercial earth stations, open TV channels in UHF or VHF. It also oversees and registers other matters of compliance with the RBA . \n The General Directorate of the Arts, an office within the Ministry of Culture and Sport, oversees compliance with the PSA . "]
["26. Are there obligations to include national or local content; and, original vs. acquired content?","Transmission of programs from other broadcasters, foreign or national, requires prior authorization of the originating broadcaster and the \nDGRTN.\n"]
["27. Are there any requirements for specific contents (e.g., news, fiction, children’s programming?","Please see answer to question 31.\n"]
["Screen Quotas"]
["28. Are there minimum quotas for national content?","The \nRBA states that radio and television stations have the obligation to contribute to the development of the national radiophonic art, for which they must include national artists in their programming. Radio stations must also include music composed by Guatemalans in at least 25% of their daily programming.\nBroadcast stations may only hire as announcers Guatemalans certified by the \nDGRTN. The office may authorize the temporary hiring of foreign announcers in certain cases. Directors of radio or television newscasts must be Guatemalans who graduated as journalists or are affiliated with a legally existing journalism organization. Radiocommunications technicians serving stations must be Guatemalan, but the Executive Branch may authorize the hiring of foreign technicians in accordance with labor legislation.\nRadio and television stations must transmit, without cost, government notices related to security, defense, public order, and prevention or remedy of public disasters, as well as any notice related to endangered air or sea vessels or other vehicles seeking help. \n"]
["Must-Carry Rules"]
["29. Are Pay TV operators required to carry certain free-to-air channels? What is the scope of this obligation?","The \nCable Act states that the operation of cable systems must not in any way interfere with the reception of television signals broadcast in the same area of service.\nSignals from open channels used or administered by State offices or public institutions must be distributed in full, without cost, and with no cuts or mutilations of any kind. UHF and VHF channels of State offices or public institutions must be retransmitted in the same channel number that identifies them.\nCommercial ground stations must install and reserve frequencies for three channels, within their cable television system, for use by the universities legally operating in the country, the Ministry of Culture and Sport, and the Presidency of the Republic.  \n"]
["Advertising"]
["30. Are there requirements regarding domestic or foreign advertising production?","As a rule, the \nRBA requires radio and television stations to maintain a “prudent equilibrium” between commercial advertising and the rest of programming. Public-owned stations, except cultural ones, cannot exploit broadcasting for commercial advertising.\nUnder the \nRBA, radio jingles or advertisements must be produced in Guatemala. Radio stations may air foreign-produced programs up to 5% of their daily programming, compensating such programs with double those of the same nature produced by Guatemalan artists. Cultural and informative programs are exempt from this provision.\nTelevision commercial advertisements produced abroad must pay import duties. They must be compensated with another ad made in Guatemala for the same product or service, or for others produced or commercialized by the same advertiser.  \nAll television and radio stations must identify themselves at least every half hour, stating in Spanish their callsign, name and location.\nThe \nCable Act allows cable providers to introduce advertising into their cable television systems, with prior authorization from the Ministry of Communications, Infrastructure and Housing. \n"]
["31. Are there prohibitions on certain products or audiences (e.g., children)?"," The RBA prohibits broadcasting of: \n \n News, messages, or propaganda of any kind that are contrary to state security or public order. \n Messages that refer to the services provided by the state to individuals in the areas of telephones, telegraphs, and telecommunications. \n Broadcasts that are derogatory or offensive to civility and national symbols, insulting to religious beliefs, and those that promote racial discrimination. \n All kinds of vulgar comedy or offensive sounds. \n Broadcasts that cause or may cause corruption of language, and those contrary to morality or good customs. \n Broadcasts that are harmful to children or youth. \n Broadcasts that condone crime. \n Exaggerations or falsehoods about the characteristics of each station, and those that harm or undermine the interests of others. \n Gambling advertisements. Only contests, sweepstakes, and raffles authorized by the relevant authority will be permitted. \n Advertisements and propaganda for industrial or commercial products or activities that seek to deceive the public or cause or may cause harm by exaggerating their properties, uses, applications, and benefits. \n Advertisements for medicines not authorized by the Ministry of Health. \n The simultaneous or delayed retransmission, in whole or in part, of programs originating from foreign or national broadcasters, without the prior authorization of the station of origin and the DGRTN . \n Greetings, song requests and dedications. Those broadcast by radio stations in their programs shall be considered commercial advertisements and shall be subject to the provisions of Article 29, RBA . \n Announcements of collections of money or any kind of goods, if they are not duly authorized by the respective government agencies. \n The voices of persons not employed by the station, without the prior authorization of the respective licensee, radio journalist, or commentator. \n \n It should be noted that the RBA was enacted in 1966 by a de facto military government, in the first period of the country’s internal armed conflict within the broader global scenario known as the Cold War. Its date and context may explain some provisions that, today, perhaps seem more difficult to reconcile with free speech guarantees under the 1985 Constitution . However, the constitutionality of such provisions has yet to be challenged, and no significant controversies related to them have arisen. \n The only one that has been challenged, and struck down by the Constitutional Court in 2004, was a provision requiring radio and television stations to transmit government content in certain conditions (different from the general rule on emergency notices mentioned above). More recently, the Court has adopted a more free-speech oriented analysis on broadcasting, departing from a prior approach that emphasized it as also a commercial activity and a use of spectrum as State property. \n Commercial broadcasters, when advertising alcoholic beverages, must abstain from combining or alternating them with propaganda relating to hygiene education and nutritional improvement. \n The Cable Act also forbids the transmission or retransmission of programming or events contrary to morality and good customs. \n Guatemala is a part of the United Nations Convention on the Rights of the Child , which includes provisions requiring member States to adopt appropriate guidelines to protect children from information and material injurious to their well-being. Thus, the Integral Protection of Minors (Children and Youth) Act (Congressional Decree 27-2003) requires the State to classify and supervise all forms of communication, including radio, television and cable programming, that may be harmful to minors. The State must verify that stations having children, youth, family or adult programming schedules make them previously known, so that parents and guardians may limit access to content under their own responsibility. The Act also requires mass media, among other things, to inform the public of the rating and content of programs before and during their broadcast. The Act and other legislation also require the media to aid in finding missing children.   \n The Health Code (Congressional Decree 90-97) regulates all advertising related to tobacco, alcoholic beverages, wines, beers and fermented drinks, including through radio, television and electronic means. Such advertising must have prior approval from the Ministry of Public Health and include certain mandatory notices related to its potential harmful effects. It cannot be included within children’s programming schedules. It also states that all advertising related to pharmaceutical products must be governed by ethical standards, providing reliable, accurate, balanced, and up-to-date information. The Code further prohibits all advertising and labeling that attributes therapeutic properties to food or that is false or misleading in relation to its nature, ingredients, qualities, properties or origin. \n The Consumer and User Protection Act (Congressional Decree 6-2003) contains general rules on advertising, including basic information requirements and the prohibition of false or misleading advertising.  "]
["32. Is there a registry for advertisers or reciprocity obligations?","There is no public registry for advertisers as such, nor any reciprocity obligations. Advertisers and advertising agencies are subject to the general registration obligations of any merchant or commercial entity, and specific ones that may apply by reason of their activity (such as Commercial Network Operators, government contractors, etc.), but not due to their activity as advertisers or advertising agencies specifically.\n"]
["Taxes"]
["33. Are audiovisual services subject to special taxes or levies?"," The Cable Act creates a specific tax of Q.1.00 per month per subscriber on commercial station license holders, payable to DGRTN . They must also pay a one-time tax or fee for their authorization, based on their number of subscribers: Q.500.00 for 75-100 subscribers; Q.2,500.00 for 101-1,000 subscribers; Q.5,000.00 for 1,001-10,000 subscribers; Q.10,000.00 for more than 10,001 subscribers. \n The Cable Act also states that municipal authorities may charge commercial license holders for authorizing the installation of cables or retransmission equipment on public roads. This tax is Q.2.00 monthly per subscriber, in the country’s capital and in departmental capitals, and Q.1.00 per subscriber per month in other municipalities. It applies to cable television, telephony and data transmission. \n Providers of satellite facilities (landing rights holders) must pay the following administrative fees to SIT : \n \n GSO satellites for commercial communications: USD7,000.00 per year for each registered satellite. \n Satellites used for broadcasting: USD 8,000.00 per year for each registered satellite. \n NGSO constellation: USD 12,000.00 per year. Users of satellite facilities must pay the following administrative fees to SIT:  \n Users transmitting/receiving from GSO satellites bandwidth over 100 KHz: USD 800.00 per semester for each enabled carrier. \n Earth stations receiving satellite broadcasts for redistribution through an artificial guide: USD 650.00 per year for each registered earth station. \n Users providing services with bandwidth of 100KHz or less: USD 150.00 per semester for every 12.5 KHz of bandwidth. \n Users providing access to Mobile Satellite Service (\"SMS\"): 0.5% of total invoices to end users, payable at the end of each semester. \n Providers of Satellite Data Service (\"SDS\") and Direct-to-Home Satellite Broadcasting (\"TSDH\"): USD 7,000.00. \n ESIM blanket licenses (valid between one to five years): USD 500.00 per year per type. The taxes and fees contained in this answer do not exclude other applicable ordinary taxes, such as Income Tax or VAT; administrative fees associated with the granting of licenses and issuing of registration certificates, or for registration as a Commercial Network Operator (\" CNO \") when applicable and required, etc.  \n "]
["OTT Platforms"]
["34. Are OTT platforms regulated? To what extent? Are there obligations for OTTs to register locally or appoint a legal representative? \nAre screen quotas applied to OTT and on-demand services? \nAre there tax obligations applicable to streaming platforms?","There is no specific regulation on\n OTT platforms. The Guatemalan Tax Authority has repeatedly stated its intention to tax and supervise \nOTTs and other online services active in Guatemala. However, it has also stressed the need to modernize legislation to facilitate this, and while it has expressed its disposition to pursue legal action against streaming services to collect taxes, no such action has yet been made public.\n\n \n"]
["AI Main Framework"]
["35. Is there any main regulatory framework governing artificial intelligence in your jurisdiction? \nAre there sector-specific regulations for the use of AI (e.g., in finance, health, education)? Which authorities oversee AI-related matters? \nAre there any draft bills or ongoing public consultations?","There is no main regulatory framework governing artificial intelligence in Guatemala, nor any sector-specific regulations. Therefore, there are no oversight authorities.\nAs of October 2025, there are no draft bills or ongoing public consultations on substantial and comprehensive IA regulation. However, Congress is currently studying \nBill 6465, which proposes the creation of a national system for the protection of critical infrastructure. The office in charge of critical infrastructure protection, as proposed, would include a specific unit for IA, but no concrete rules on IA are contained in the \nBill.  \nThe Human Rights Ombudsman’s Office published a book on AI and human rights in 2024, with discussions on IA as related to privacy, discrimination, and transparency in decision-making, and its impact on access to justice, health and education. Other public institutions, such as the Judiciary Branch, have carried out training for their personnel on the legal implications of AI, though no formal normative sources are yet in place.\n"]
["AI Best Practices and Principles"]
["36. Please describe if there is any mandatory requirement to provide AI-based services under your jurisdiction's regulations. \nAre any AI technologies considered high-risk or prohibited? \nWhat best practices are recommended or adopted in your jurisdiction?  Are there requirements for algorithm traceability or auditability? Are there user-facing transparency or disclosure obligations? \nAre AI systems required to undergo impact assessments or risk classification?","There is no mandatory requirement to provide AI-based services under the Guatemala regulations, nor are any AI technologies considered high-risk or prohibited.\nWhile there is no official recommendation on best practices, some institutions (such as universities, think tanks, or trade associations) have begun adopting guidelines on the matter.  \nThe Human Rights Ombudsman’s Office published a book on AI and human rights in 2024. The book includes discussions on AI as related to privacy, discrimination, and transparency in decision-making, and its impact on access to justice, health and education. Under its constitutional and statutory mandate, the Ombudsman’s Office could take case-by-case action on such matters (such as seeking judicial protection against violations in specific cases), even in the absence of specific regulations. Legal criteria, up to and including binding precedent from the Constitutional Court, could arise from such cases, though to date, there are none.\nThere is at least one case (see \nConstitutional Court Docket No. 7868-2024, ruling of August 27th, 2025) in which the State Attorney’s Office (different from both the Human Rights Ombudsman’s Office and the Public Prosecutor’s Office, which could also file similar petitions) has filed for judicial protection of minors in a private school, following cases of distribution of sexually explicit deepfakes without consent. The Office is petitioning the judge, among other things, to order the school to implement internal policies for addressing these matters. Thus, policies and practices could eventually originate from cases like these. \n"]
["Other Applicable Regulations"]
["37. Are general regulations applicable to artificial intelligence? In such case, mention the most relevant legislation.","General regulations are applicable to artificial intelligence, insofar as activities involving AI may fall under broad legal categories or conduct.\nThe most basic and general legal sources in Guatemala are the\n Civil Code and the \nCriminal Code. There is also general regulation on data privacy and Intellectual Property in sources such as the \nAccess to Public Information Act, the \nCopyright and Neighboring Rights Act, and the\n Industrial Property Act. \nThe \nConstitution guarantees basic human rights, which, through adjudication, could be made effective in specific cases related to AI, as mentioned above. International and regional treaties, as well as international standards and rulings derived from their application, have great relevance in Guatemala for matters of human rights, so this could be another source of legal criteria in specific cases, even in the absence of local regulations. \n"]
["Main Cybersecurity Framework"]
["38. What is the current legal framework for cybersecurity? \nIs there a national cybersecurity strategy or action plan in force? \nAre there any relevant bills or ongoing public consultations?","Guatemala has no specific legislation on cybersecurity or data protection, although general basic rules are contained in the \nCriminal Code (which establishes certain types of cybercrime) and the \nAccess to Public Information Act (which establishes basic definitions and protections for private data). A \nNational Cybersecurity Strategy was adopted by the Ministry of the Interior in 2018, as a first step towards establishing guidelines and goals based on the \nNational Security Policy. The \nNational Security Policy was updated in 2024.\nIn 2020, the Ministry of Defense created a Cyber Incident Response Center (\"\nCRIC\", by its Spanish acronym), which cooperates with various actors, including public and private institutions, tasked with conducting operations for the protection of critical infrastructure related to information and communications technologies and any other that may exist in the future. The National Civil Police has a specific Cybersecurity and Cybercrime Office. \nIn 2021, the Executive Branch created the National Cybersecurity Committee (\"\nCONCIBER\", by its Spanish acronym), as a temporary unit tasked with advising the National Security Council for purposes of implementing a \nNational Cybersecurity Strategy, coordinating interinstitutional actors and efforts, proposing standards and best practices for risk management, etc. \nCONCIBER was created for a term of four years, expiring in early October 2025. It is comprised of representatives from the Strategic Intelligence Secretary, the National Security Council, the Ministry of the Interior, the Ministry of Foreign Relations, the Ministry of Defense, the Ministry of Communications, Infrastructure and Housing, the Presidential Commission on Open and E-Government, and the Superintendent of Telecommunications.\nCongress is currently considering \nBill 6347, which would enact a\n Cybersecurity Act. This \nBill has already received a favorable opinion from the relevant legislative commission (\nOpinion 1-2025) and, according to some reports, may be passed and enacted within the coming months. \n"]
["Cybersecurity Obligations"]
["39. Are there minimum cybersecurity requirements for companies or service providers (e.g. sectors such as telecom, energy, health, or finance)?","As of September 2025, there are none. If enacted in its current form (that of \nOpinion 1-2025 to Bill 6347), the \nCybersecurity Act would require private actors to create Computer Security Incident Response Teams (\"\nCSIRT\") and to appoint an Information Security Officer (\"\nISO\"), in all cases independent of their IT departments.\nThe \nBill foresees the creation of \nCSIRTs by Sector to provide primary attention to cyberattacks and incidents in their sector, and report them to the national \nCSIRT-GT. Sector-specific \nCSIRTs will include, among others, public and private entities in the Chemical, Water, Energy, Health, Information and Communication Technologies, Transportation, Food, Tax, Financial, Economic, Tourism and Private sectors.\nThe \nBill also foresees the creation of an Institutional \nCSIRT in public and private entities with information systems that store, share or update information of citizens or of strategic value to the State, in charge of first response to cyberattacks and incidents.\nA \nCSIRT and an \nISO would also be mandatory for private sector entities that operate or administer critical infrastructure. The latter is defined as physical or digital, public or private infrastructure that, due to its type of service, is indispensable and does not allow for alternative solutions, so that its threat, attack, destruction or blocking would have a grave impact on the country’s essential services, security, economy and finances.\nAll \nCSIRTs would have the obligation to report cyberattacks and incidents to the national \nCSIRT-GT within 30 minutes of their occurrence, guaranteeing the confidentiality of the affected public and private entities.\n\nFurther details and obligations would be included in regulations issued by the Executive Branch for implementation of the\n Cybersecurity Act. \n"]
["40. Are there any relevant jurisdictional cases related to cybersecurity incidents where private or public entities were sanctioned because of an infringement?","As of September 2025, there are none. The \nNational Cybersecurity Strategy document explains that criminal trials related to cybercrime have mainly focused on matters related to intellectual property and child pornography. \n"]
["41. Are there mandatory incident response plans or reporting obligations?","As of September 2025, there are none. If enacted in its current form (that of \nOpinion 1-2025 to Bill 6347), the \nCybersecurity Act would establish the framework summarized in answer to question 39. This includes a general obligation to report cyberattacks and incidents to the national \nCSIRT-GT. The\n Bill does not establish incident response plans or other reporting obligations in more detail. These would be included in regulations issued by the Executive Branch to implement the \nAct.\n"]
["42. How do companies coordinate with authorities in the event of a cyberattack?","Currently, due to the lack of a specific legal framework, companies coordinate with institutions such as the Ministry of Defense (\"\nCRIC\"), the Ministry of the Interior (which also oversees the National Civil Police) and the Public Prosecutor’s Office, on an ad hoc and case-by-case basis.   \n"]
["43. Are there specific provisions for the criminalization of cyber-related offenses?","The \nCriminal Code contains the following cyber-related crimes: violation of sexual intimacy (\nArticle 190), seduction of minors through information technologies (\nArticle 190 bis), blackmailing of minors through information technologies or technological means (\nArticle 190 ter), destruction of computer records (\nArticle 274 “A”), alteration of computer programs (\nArticle 274 “B”), reproduction of computer instructions or programs (\nArticle 274 “C”), creation of databases in violation of privacy (\nArticle 274 “D”), manipulation of information (\nArticle 274 “E”), unauthorized use of information (\nArticle 274 “F”), destructive programs (\nArticle 274 “G”), malicious alteration of origin telephone numbers (\nArticle 274 “H”). \n"]
["Cross-Border and Cooperation"]
["44. Is your jurisdiction subject or adhered to any international cooperation agreements or treaties with other countries and/or international bodies? Does your jurisdiction participate in global cybersecurity initiatives?","In 2024, Guatemala became a member of the Latin America and Caribbean Cyber Competence Center (\"\nLAC4\"), a regional hub for cybersecurity education and training funded by the European Union. In 2025, the Guatemalan Government completed a joint cybersecurity review with the United States Department of Defense, aimed at enhancing the country’s cyberdefense and cybersecurity. Military and public security officials have also participated in cyber crisis management exercises organized by the Inter-American Defense Board. The country is also in the process of seeking adhesion to the \nBudapest Convention on Cybercrime. \n"]