Licensing Regime for ICT Services Now Simplified

Decree 433/2025 was published in the Official Gazette on June 26, 2025, introducing amendments to both the Audiovisual Communication Services Law 26522 (LSCA) and the Argentine Digital Law 27078 (LAD). These reforms are adopted within the framework of the public emergency declared by the Bases and Starting Points for the Freedom of the Argentine People Law 27742 and seek to improve the efficiency of administrative activity by eliminating unnecessary procedures, establishing reasonable timeframes, and safeguarding the public interest involved.

The Decree replaces article 95 of the LAD, eliminating the opposition procedure established under the previous regulation. The former system required—in addition to meeting certain conditions—an administrative procedure that included a public opposition stage and regulatory evaluation to be granted subscription broadcasting service licenses..

The amendment to article 95 also introduces new conditions for certain providers to offer subscription broadcasting services. These providers include non-profit legal entities that have been granted a license, concession, or permit to operate a public service, as well as Basic Telephone Service providers whose license was granted under Decree 62/90. These new conditions state providers must maintain separate accounting for any other public services they provide, avoid anti-competitive practices, and allow third parties access to their physical infrastructure (poles, ducts, towers, etc.) on market-based terms.

The Decree also replaces article 30 of the LSCA, clarifying that non-profit entities may hold licenses for audiovisual communication services even if they already are holders or shareholders of companies providing a public service (whether federal, provincial, or municipal), a situation generally prohibited by article 25 of the LSCA.

Finally, the recitals of the Decree state that this measure will have a positive impact on users and consumers by facilitating—through regulatory simplification—the entry of new Information and Communication Technologies (ICT) service providers; by fostering competition, and reducing the cost of such services.