Executive Branch Orders Intervening Argentine Communications Agency for 180 Days
The aim is to consolidate the deregulation process initiated in the telecommunications sector.
Decree 89/2024, published in the Official Gazette on January 29, 2024, orders the intervention of the Argentine Communications Agency (ENACOM) for a 180-calendar-day period and appoints Juan Martin Ozores as intervener, and Patricia Zulema Roldan and Alejandro Fabio Pereyra as deputy interveners.
The purpose of the intervention is to carry out an orderly and thorough investigation of ENACOM’s performance, and to evaluate and report on the current situation of the agency about the fulfilment of its powers.
Among others, the appointed interveners must:
1. Write a report on ENACOM's current situation.
2. Review all the judicial and administrative proceedings in which ENACOM is involved.
3. Review the current structure of ENACOM and propose (if applicable) relevant modifications.
4. Write a report analyzing the consequences brought about by the enactment of the Emergency Decree 690/20, as well as a proposal for the resolution of these issues.
5. Determine a functional and operative reorganization of ENACOM.
6. Evaluate and report on the status of the Universal Service Trust Fund (FFSU) and the Competitive Development Fund for Audiovisual Media (FOMECA), and "the status of granting of and compliance with the Non-Refundable Contributions."
7. Review and analyze the procedures related to the Plans for Adaptation to Law 26522, the Gradual Implementation Plan (transition regime), and the regime for incoming providers in Law 27078.
8. Determine and redefine the processing of files regarding transfers, fines, customer regulation regime, fees, etc.; and those regulations that, due to their obsolescence or their content, delay and hinder technological progress and the convergence of the sector's systems.
9. Determine and promote the procedures pending at ENACOM related to the allocation and assignment of licenses.
ENACOM's interveners have the powers inherent to the duties and attributions established in Laws 26522 and 27078, as amended.
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