ARTICLE
Telecommunications Law Bill
The Executive Branch sent a bill to regulate, to declare as a public service and to guarantee access to communications to the Argentine Congress.
October 31, 2014
On October 29, 2014 the Executive Branch sent a Bill called "Argentina Digital" to amend the current Telecommunications Law (the "Bill") to the Senate.
The purpose of the Bill, as written, is to declare the development and regulation of information technology and communications ("ICT") and associated resources as a public interest activity, establishing and ensuring complete network neutrality. The aim is to guarantee the human right to communication, enabling access to information and communication to all Argentine residents in social and equitable geographical conditions.
The new law will derogate the current Telecommunications Law No. 19,789, as amended, and Decree No. 764/2000, as amended. The Bill states that the Executive Branch will elect a new Enforcement Authority, which will issue new regulations for Licensing ICT Services, National Interconnection System, General Conditions and Universal Service Conditions and on the Management and Control of the radio spectrum.
The Bill recognizes ICT as an essential and strategic public service, as well as access and telecommunications network use to render ICT services.
It also provides that ICT licensees will be able to provide audiovisual media services, and conversely, audiovisual media services licensees will be able to provide ICT services. ICT Licensees will have the obligation and the right to interconnect with each other, and a mandatory minimum transmission speed of the network will be established in order to ensure equitable access across the country.
Tariffs for essential public services and strategic ICT competition for services provided under Universal Service and those determined by the enforcement authority in the public interest may be regulated by the Enforcement Authority.
Subject to regulation under this Bill –among other issues- will also be: (i) the administration, management and control of satellite facilities, and (ii) the Universal Service fund, establishing mandatory contributions from ICT licensees (1% of revenues for the provision of ICT services).
The Bill now must be reviewed by both Houses of the Argentine Congress.
The purpose of the Bill, as written, is to declare the development and regulation of information technology and communications ("ICT") and associated resources as a public interest activity, establishing and ensuring complete network neutrality. The aim is to guarantee the human right to communication, enabling access to information and communication to all Argentine residents in social and equitable geographical conditions.
The new law will derogate the current Telecommunications Law No. 19,789, as amended, and Decree No. 764/2000, as amended. The Bill states that the Executive Branch will elect a new Enforcement Authority, which will issue new regulations for Licensing ICT Services, National Interconnection System, General Conditions and Universal Service Conditions and on the Management and Control of the radio spectrum.
The Bill recognizes ICT as an essential and strategic public service, as well as access and telecommunications network use to render ICT services.
It also provides that ICT licensees will be able to provide audiovisual media services, and conversely, audiovisual media services licensees will be able to provide ICT services. ICT Licensees will have the obligation and the right to interconnect with each other, and a mandatory minimum transmission speed of the network will be established in order to ensure equitable access across the country.
Tariffs for essential public services and strategic ICT competition for services provided under Universal Service and those determined by the enforcement authority in the public interest may be regulated by the Enforcement Authority.
Subject to regulation under this Bill –among other issues- will also be: (i) the administration, management and control of satellite facilities, and (ii) the Universal Service fund, establishing mandatory contributions from ICT licensees (1% of revenues for the provision of ICT services).
The Bill now must be reviewed by both Houses of the Argentine Congress.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.