Mandatory Universal Basic Benefit for ICT Services Approved

On December 21, Resolution No. 1467/2020 (hereinafter, the “Resolution”) issued by the National Communications Entity (hereinafter “ENACOM”) was published in the Official Gazette of the Nation, by which the Mandatory Universal Basic Provision (hereinafter “PBU”) was approved, in its Annexes I, II, III and IV, for the Basic Telephone Service, Mobile Communications Services, the Internet Access Value-Added Service and Pay Television Services by subscription through a physical, radioelectric or satellite link.

In accordance with the current emergency situation in the Republic, the objective of the new Mandatory Universal Basic Benefit is to guarantee a basic level of service, that is, to maintain essential services, ensuring investment levels and the development of competition.

Obligated providers

As of January 1, 2021, the following ICT Service Providers must include the Universal and Mandatory Basic Services in their offers:

1. Those licensees of the Basic Telephone Service who obtained their licenses in accordance with Decree No. 62 of January 5, 1990.
2. Mobile Communications Service Providers, which include Mobile Telephony Services (STM), Mobile Cellular Radio Communications (SRMC), Radioelectric Link Concentration (SRCE), Personal Communications (PCS), Advanced Mobile Communications (SCMA) and their technological evolution, as well as Virtual Mobile Operators.
3. Internet Value-Added Service Providers.
4. Subscription Broadcasting Service Providers via physical, radio, or satellite links.

 

Licensees registered for Subscription Broadcasting Service through physical or radio link, together with Satellite Subscription Television licensees, must guarantee as PBU, those signals that comprise the lowest value plan offered as of July 31, 2020, or a plan with similar features and characteristics previously authorized by ENACOM, in accordance with Annex IV[1] of the Resolution.

Providers of the aforementioned ICT services, which hold a dominant position in a given coverage area, must follow the guidelines indicated in point B) of Annex IV to apply the discounts established in that Annex.

Procedure

Obligated providers must provide information on the price of PBUs and the provisions of the Resolution to users through service invoices, institutional websites, and all social media and other channels through which they communicate with their customers and/or advertise their services.

Likewise, the obligated providers must implement a simple system through their customer service channels so that users can opt to obtain the PBUs. Adherence will be implemented through a sworn declaration stating that the subscriber is among the affected individuals.

Obligated Providers must execute the installations and/or enablements for the services requested by the previously identified users, within their coverage area, within a period that may not exceed the maximum Committed Installation Time (CIT) established by the ICT Services Quality Regulation[2], from the date of receipt of the service request. In the event that technical or operational issues arise that make it difficult for the Obligated Providers to comply with the deadline, they must duly notify the requesting user and ENACOM of this within 72 hours of receiving the request, expressly indicating the reasons for the impediment, together with the contingency strategy and the period within which the service will be installed and/or enabled. Under no circumstances may this period exceed the provisions of the ICT Services Quality Regulation.

It is important to highlight the obligation of Obligated Providers to install and/or enable the service, even if they consider that the requesting user is not covered by the Universal and Mandatory Basic Service under the terms of Article 12 of the Resolution. However, Obligated Providers may inform ENACOM – National Directorate of User and Branch Services – of any requesting users who are not covered by the PBU, with express reasons. The acting Directorate must resolve this submission within a maximum period of 30 (thirty) calendar days. If this period has elapsed without a response from the entity, the requesting user will be considered to be effectively covered by the PBU, and the ICT licensee must continue providing the service.

If the Department in charge upholds the claim, the Obligated Provider may immediately terminate the service. It must also issue the corresponding statement of debt owed to the requesting user who is not covered by the Universal and Mandatory Basic Service.

Obligated Providers have the prerogative to offer discounts, promotions, or better terms below the prices included in the services listed in Annexes I, II, III, and IV of the Resolution. Users are not required to remain with the service, so they can access the most beneficial services.

Obligated licensees may request an update to the benefit prices approved by this Resolution every four months. The adjustment variables applied to the Universal Child Allowance for Social Protection (AUH) will be used as a reference, provided they have complied with the registration and submission of the required information, as indicated below, as applicable. The requested update will be evaluated along with other parameters that ENACOM considers within its scope of authority.

Users reached

Pursuant to Article 12 of the Resolution, the following users may apply to join:

1. Beneficiaries of the Universal Child Allowance, the Pregnancy Allowance, as well as their children between 16 and 18 years of age, as well as members of their family group.
2. Beneficiaries of non-contributory pensions who receive gross monthly incomes no greater than two times the minimum living wage, as well as their children between the ages of 16 and 18.
3. Retirees, pensioners, and employees who receive a gross salary less than or equal to two times the minimum living wage, as well as their children between the ages of 16 and 18.
4. Monotributistas (self-employed workers) registered in a category with an annual monthly income of no more than two times the minimum living wage, as well as their children between the ages of 16 and 18.
5. Users who receive unemployment insurance, as well as their children between the ages of 16 and 18.
6. Users who receive a scholarship from the Progresar program.
7. Unemployed people or those working in the informal economy, as well as their children between the ages of 16 and 18.
8. Beneficiaries of social programs, as well as their children between 16 and 18 years old.
9. Neighborhood and Town Clubs that are registered under the provisions of Law No. 27,098.
10. Volunteer Firefighter Associations covered by Law No. 25,054 as first-level entities and registered under the terms of that law.
11. Public Benefit Entities defined by Law No. 27,218[3].

 

Obligation to inform

ICT service providers must inform ENACOM, through the Web Platform[4], of their current prices, plans, and promotions, including the Universal and Mandatory Basic Service. They must identify it with the specific name and the acronym PBU on the plan form corresponding to the declared service.

ICT licensees registered for subscription broadcasting services via physical or radio link, and audiovisual communication licensees for subscription television via satellite link, must enter the information related to the Universal and Mandatory Basic Service through the “Prices and Plans” module of the Web Platform. They must identify it with the specific name and acronym PBU-TP, as appropriate, and detail the service conditions in the “Remarks on the Plan Form” field.

Furthermore, Providers obligated to provide Universal and Mandatory Basic Benefits must report monthly, within the first five business days of the month, to ENACOM, through the Web Platform, the number of beneficiaries who accessed the PBU. It is extremely important to note that the first deadline for reporting the number of users who accessed the PBU will be within the first five business days of March 2021.

Only licensees registered for subscription broadcasting services via physical or radio link and licensees for subscription television audio-visual communication via satellite link (DTH) must, in addition to reporting the aforementioned, report, monthly and within five business days of each month, on the relevant forms on the entity’s Web Platform, the locations and areas where they provide services. They must indicate the number of subscribers in each of them.

Below, we copy the link to the Official Gazette publication to access the Resolution along with its four Annexes:

https://www.boletinoficial.gob.ar/detalleAviso/primera/238916/20201221.

[1] https://www.boletinoficial.gob.ar/detalleAviso/primera/238916/20201221

[2] In accordance with Resolution 580/2018 of the former Ministry of Modernization, the Committed Installation Time depends on the type of access under consideration. In mobile access networks, the TCI will be a maximum of ONE (1) calendar day, regardless of the Service. On the other hand, in fixed access networks, the TCI will be a maximum of FIVE (5) business days, regardless of the Service. It should be noted that delays attributed to the Requesting User, duly documented for verification, will not be counted.

[3] Such as civil associations, simple associations and foundations that do not pursue profit purposes directly or indirectly and non-profit community organizations with municipal recognition that carry out programs for the promotion and protection of rights or develop direct social aid activities without charging recipients for the services they provide, and must be registered with the National Center for Community Organizations (CENOC).

[4] https://serviciosweb.enacom.gob.ar