Subtel certifies the extinction of telecommunications concession for Muñoz y Madariaga

The Undersecretariat of Telecommunications (Subtel) certified the extinction of the Intermediate Telecommunications Service concession of the company Muñoz y Madariaga Limitada for failing to publish the decree granting it in the Official Gazette within the legal timeframe. The measure was formalized through exempt decree No. 1,137, signed in Santiago on September 29, 2026, and published in the Official Gazette of the Republic of Chile No. 44,569, on Thursday, October 8, 2026, Section II, page 1 (official reference CVE 2882244).

Supreme decree No. 101, of 2025, from the Ministry of Transport and Telecommunications, granted the Intermediate Telecommunications Service concession to the company. Subtel sent the concessionaire a full copy of that decree for its publication in the Official Gazette within 30 business days following its notification, pursuant to Article 8, paragraph 4 of Law No. 18,168, General Telecommunications Law.

The notification took place electronically on November 5, 2025, when the company downloaded the document from the electronic notification system. Consequently, the deadline to publish the decree expired on December 18, 2025, without the Undersecretariat obtaining evidence of the required publication.

Legal framework of the extinction

Article 23, No. 4 of Law No. 18,168 provides that the concession is extinguished due to the non-publication in the Official Gazette of the decree granting it within 30 days following the date of its notification. Subtel invoked this ground to certify the extinction, in the exercise of its powers.

The resolution was issued based on the following regulatory background:

• Decree Law No. 1,762, of 1977, which created the Undersecretariat of Telecommunications.
• Law No. 18,168, of 1982, General Telecommunications Law.
• Supreme Decree No. 103, of 2008, from the Ministry of Transport and Telecommunications.
• Supreme Decree No. 101, of 2025, which granted the concession.
• Resolution No. 36, of 2024, from the Comptroller General of the Republic, which establishes rules on exemption from the “toma de razón” (legal review) process, and its amendment.

Background of the procedure

The file originated from the request of the interested company, submitted via Subtel Entry No. 96,374, dated June 23, 2023, subsequently supplemented by Subtel Entry No. 162,607, dated November 13, 2023.

The milestones of the procedure were as follows:

• Granting of the concession: supreme decree No. 101, of 2025.
• Electronic notification of the decree: November 5, 2025.
• Expiration of the publication deadline: December 18, 2025.
• Certification of extinction: exempt decree No. 1,137, of September 29, 2026.
• Publication in the Official Gazette: October 8, 2026, No. 44,569.

Scope of the resolution

The decree certifies the extinction of the Intermediate Telecommunications Service concession granted to Muñoz y Madariaga Limitada, R.U.T. No. 76.158.145-7, in accordance with the provisions of Article 23 of Law No. 18,168.

The resolution orders the recording, communication, and notification of the interested party, in addition to being published in the Official Gazette. The document was signed by order of the President of the Republic by Louis de Grange Concha, Minister of Transport and Telecommunications.

The extinction operates by operation of law once the publication deadline has expired, such that the certification by Subtel formalizes a consequence already provided for in the sectoral regulations and not a discretionary sanction by the supervisory body.

The case illustrates the rigor of the telecommunications concession regime: the timely publication of the decree in the Official Gazette is not an ancillary procedure, but a condition for the survival of the enabling title. For operators in the sector, the resolution serves as a reminder that failure to comply with this obligation within 30 days following notification is sufficient to lose the concession, with the consequent effect on service continuity and the company’s market position.

Source: Official Gazette of the Republic of Chile, No. 44,569, Thursday, October 8, 2026, Section II, p. 1 (official reference: CVE 2882244).