What’s Different Under ENACOM’s Newly Approved Alternative Dispute Resolution Procedure?

Resolution No. 1194/2020 issued by the Argentine Communications Agency (“ENACOM” after its acronym in Spanish) and published in the Official Gazette on October 22, 2020 approves the rules governing voluntary alternative dispute resolutions between providers of audiovisual communication services and/or subscription radio broadcasting services via physical and/or radio links (the “Rules” and the “Procedure”) and authorizing the Argentine Directorate of Audiovisual Services (the “DNSA” after its acronym in Spanish) to draft the applicable Rules.

Under the Rules, the Procedure may be initiated either sua sponte by ENACOM or at the request of any licensee of audiovisual communication services provider. If the latter, then ENACOM can determine, on a case-by-case basis, whether a Procedure should be opened.

The request to initiate the Procedure and subsequent petitions, as well as any notifications, must be submitted through the online platform for remote procedures (the “TAD” after its acronym in Spanish) using the Electronic Documents Management System via the “S.C.A. ENACOM Alternative Dispute Resolution” tab.

In order to start the Procedure, the “Alternative Dispute Resolution” form available on ENACOM’s website must be duly completed and attached, containing a clear description of the dispute, its background, and, if possible, all the data that may identify the other provider involved. The form must be signed by the applicant or its attorney or legal representative, as appropriate.

Subsequently, within fifteen business days from the date of submission, the DNSA will call the parties to an in-person or virtual hearing that will be conducted by a DNSA officer who will act as moderator to solve the dispute. A minimum of two hearings will be held, at which the parties must be assisted by technical advisors.

Under the Rules, the Procedure will not apply when: a) one of the interested parties is the Argentine Radio and Television Corporation (the “RTA” after its acronym in Spanish) or the Higher Institute of Radio Education (the “ISER” after its acronym in Spanish); b) a harmful interference arises with the Aeronautical Mobile Service, the Aeronautical Radio navigation Service, the emergency services, and, in general, any other service as a result of either the background matters detailed in the submission or on ENACOM’s record; and c) the issue in dispute relates to programming, as provided in Title III, Chapter V of the Audiovisual Communications Services Law No. 26. 522.

Lastly, ENACOM may initiate the procedure sua sponte or at the request of any of the interested parties in controversies that, at the time of issuance of the Rules, are undergoing administrative proceedings or, if an administrative decision has been handed down, the latter is not final.