Register of ICT Services for the Provision Of Value-Added Services: Internet Access

ARTICLE
Register of ICT Services for the Provision Of Value-Added Services: Internet Access

In order to simplify and make faster the proceedings to obtain licenses and registry of services, the Argentine Communications Entity approved the Regulation for the Registry of ICT Value-Added Services, Internet Access.

November 30, 2017
Register of ICT Services for the Provision Of Value-Added Services: Internet Access

The Argentine Communications Entity (“ENACOM” after its Spanish acronym), through Resolution N° 2483/2016, approved the Regulation for ITC Services Registry

(“RESTIC” after its Spanish acronym) for everyone who is interested in providing Value-Added Services, Internet Access (the “Regulation”).

Pursuant to regulations in force, anyone interested in providing Value-Added Services, Internet Access (the “Service”) must obtain a license. In order to obtain it, the Regulation sets forth a simple, quick and online process.

Firstly, the interested party must request registration with the RESTIC through the electronic forms ENACOM will provide on its website, and must provide the documentation and information the Regulations requests (such as, Tax ID, in the event of a legal entity, by-laws, documentation related to the appointment of Board of Directors duly registered with the relevant public registry of commerce, coverage area, etc.). In addition, it is mandatory to establish an email address which every notice is going to be considered validly sent to.

Once this filing is made, and after thirty days without any observation or comment, the interested party can begin to provide the Service. To do so, it is only necessary to notify the RESTIC, electronically and through the relevant form, about the commencement of the provision of the Service and party will receive a receipt.

If thirty days have elapsed without ENACOM notifying the interested party that the information filed is not in accordance to the Regulation’s requirements, it will register the interested party as a licensee of the Value-Added Services, Internet Access. The license and the registration will be granted without an expiration date and to provide the Service across Argentina. In turn, the Service can be fixed, mobile, wired or wireless, national or international, with or without own infrastructure. When the Service requires the use of radio spectrum frequencies and/or numbering and signaling systems, it will be necessary to file this separately will ENACOM.

In the event the registered licensee desires to deregister or modify the registration, this must be done following the electronic process ENACOM will enable.

It is important to highlight that if a legal entity licensee purports to modify their respective equity interest in a way that implies loss of corporate control pursuant section 33 of Law N° 19,550, it must obtain ENACOM’s approval.

This Regulation, following the international tendency of simplifying administrative mechanisms, aims to facilitate processes to obtain licenses and registers of services, to make administrative processes faster, simpler and more efficient.