On August 21, Decree of Necessity and Urgency No. 690/2020 (hereinafter, the “Decree”) was published in the Official Gazette of the Argentine Republic, amending Law No. 27,078 of Digital Argentina, declaring Information and Communications Technology (ICT) Services and access to telecommunications networks for and between ICT service licensees as essential and strategic public services in competition.
It also suspends any price increases or modifications established or announced by ICT licensees from July 31 to December 31, 2020, including subscription broadcasting services via physical or radio links and those corresponding to fixed or mobile telephone services, in any form.
The suspension will apply to subscription satellite television services.
- Amendments to Law No. 27,078
Article 1 of the Decree incorporates, as Article 15 of the Information and Communications Technology Law No. 27,078, the competitive nature of Information and Communications Technology (ICT) Services and access to telecommunications networks for and between ICT service licensees, that is, it declares them essential and strategic competitive public services.
Furthermore, it replaces Article 48 of the same law; prices – set by licensees of information and communications technology (ICT) services – must be fair and reasonable, cover operating costs, and aim for efficient provision and a reasonable operating margin.
By amending the text of Article 58 of the law, it also incorporates mobile telephone service in all its forms as a public service.
- From the enforcement authority
Article 6 of the Decree designates the National Communications Authority (ENACOM) as the implementing authority, which must issue the complementary regulations necessary for compliance with the Decree.
The implementing authority will establish in the regulations the mandatory universal basic benefit that must be provided under equal conditions.
The implementing authority will be responsible for regulating the prices of essential and strategic ICT public services in competition, those provided under the Universal Service, and those determined by the implementing authority for reasons of public interest.
The regulations are still pending issuance by the implementing authority.
We copy the link to the publication in the Official Gazette: https://www.boletinoficial.gob.ar/detalleAviso/primera/233932/20200822
