New Regulations for the Administration, Management, and Control of the Radioelectric Spectrum

The Argentine Communications Agency (ENACOM) issued Resolution No. 682/2023, published in the Official Gazette on May 11, 2023. The resolution approves the new Regulations on Administration, Management, and Control of the Radioelectric Spectrum regulating the administration, management, and control of the radioelectric spectrum.

The Regulation aims mainly at establishing the principles, provisions, criteria, and procedures applicable to the planning, administrating, and controlling the radio electric spectrum for radio communications services and systems throughout Argentina. In particular, it aims at clarifying, ordering, and expediting the processes for assigning and allocating radioelectric spectrum frequencies and authorizing and enabling radioelectric stations throughout Argentina.

ENACOM, as the authority in charge, must keep the Argentine Table of Frequency Band Allocation (CABFRA) updated. Further, it has the legal capacity to:

1. establish the modality, procedure, and conditions for assigning frequencies or frequency bands,
2. define spectrum policies,
3. prepare and update the regulations applicable to the use of the radioelectric spectrum,
4. establish a process for reorganizing the spectrum and/or the migration of frequency band systems,
5. grant assignments and/or permits for using frequencies and the necessary authorizations for assigning or transferring use permits and for entering into lease agreements,
6. administer, manage, and regulate the Registry of Tele-communicational Activities and Materials (RAMATEL), in which all radio communications equipment and systems and the activities related to their manufacturing or commercialization must be registered.

Further, the Regulation foresees it is possible for holders of frequency band use authorizations to lease such bands to third parties, with prior authorization from ENACOM and according to specific regulations to be issued; and ICT service licensees to enter into agreements for sharing frequency bands.

The Regulation defines "Spectrum for free or collective use" as those frequency bands users and service providers will use with equal-access priority rights and exempted from authorization. Likewise, it establishes that all radio stations and communication networks in Argentina must receive ENACOM’s prior authorization to settle, carry out modifications, and operate. Radio stations, media, and communication systems operating without a legal right legitimizing their operation will be considered clandestine or illegal.

On the other hand, human or legal persons holding assignations, authorizations, adjudications, and/or permits for using frequency bands of the radioelectric spectrum will be subject to a legal regime of fees and tariffs. Infringements arising from non-compliance with the Regulation will be subject to the sanctions in the Argentina Digital Law No. 27078.