Amendments to the Audiovisual Communication Services Law and Argentina Digital Law

The amendments to the ACSL consist of the elimination of:

• Restrictions on holding multiple broadcasting service licenses at the national level. This implies that it will be possible to hold more than one license of audiovisual communication services, as well as to exceed the limits previously established as to (i) the number of licenses allowed and (ii) the maximum percentage imposed related to the rendering of these services over the inhabitants or subscribers at national level (Section 45 of the ACSL – 326 of the Decree No. 70/2023).
• The rules of signal registry ownership regarding providers of services regulated by the ACSL. In other words, audiovisual communication services licensees can be holders of signal registries (Section 45 of the ACSL -326 of the Decree No. 70/2023).
• The prohibition to grant a new license in overlapping areas when the requested service uses the only frequency available (Section 45 - 326 of Decree No. 70/2023).
• The restriction preventing the accumulation of licenses for direct satellite broadcasting services and mobile broadcasting services with licenses for other services of a different kind or nature (Section 46 - 327 of Decree No. 70/2023).

The amendments to the ADL, which were incorporated to facilitate greater alternatives in the field of Information and Communication Technologies (ICT after its Spanish acronym), are as follows:

• It incorporates the subscription broadcasting services through satellite link within the definition of "Subscription Broadcasting"; therefore, there is no longer a differentiated treatment for this type of service based on the kind of link. Services of this type are exclusively regulated by the ADL (Section 6 inc a) and not by the ACSL as it was for services with satellite links (Section 10). (Section. 6 inc a ADL – 328 of the Decree No. 70/2023).
• In line with the reform of this definition, it incorporates as a service that may be registered by ICT licensees, the subscription broadcasting service, using any link (Art. 10 – 329 of Decree No. 70/2023).).
• The provision of satellite facilities is free. An authorization is no longer required for such provision, but the owners of satellite communications systems need to register for their operation for the sole purpose of coordinating the use of radio frequencies and avoiding interference with other systems under the regulations to be issued by the Regulator. However, the provision of any ICT service via satellite will be subject to the general regime for the provision of ICT services established in the ADL maintained (Section 34 - 330 of Decree No. 70/2023).

On the other hand, among the amendments to Law No. 25,877 of the Labor Regime (the "Law No. 25,877"), telecommunication services, including internet and satellite communications, are incorporated as essential services and radio and television services are considered as activities of transcendental importance. This amendment imposes minimum coverage percentages in collective labor disputes (Section 24 Law No. 25,877 - Section 97 of Decree. No. 70/2023).