ICT Services: Prices are Increased, albeit slightly

On December 21, 2020, the Argentine Communications Entity, (the “ENACOM” after its acronym in Spanish) issued Resolution No. 1466/2020 (the “Resolution”). The Resolution authorizes the licensees of Information and Communication Technologies services (ICT) that provide Internet Access, Broadcasting by Subscription through physical, radioelectric or satellite links, and Fixed and Mobile Communications Services (the “Licensees”) to increase the value of their retail prices up to 5% starting January 2021. However, Licensees with fewer than one hundred thousand accesses who did not increase the price of any of their services and plans throughout 2020 may increase their retail prices by up to 8% in January 2021. In both cases, for approval, the increase has to take as reference their existing prices in July 31, 2020 and any individual request for an increase above the authorized percentage must be exceptional and duly justified by submission of reliable evidence of the need for a sharper increase.

In addition, under the resolution, the licensees of ICT services with Internet Access Value Added registration, Radio Broadcasting by subscription through a physical and/or radioelectric link, and Audiovisual Communication by subscription through a satellite link must notify ENACOM of all retail price variations that they decide to make to their existing plans, prices and terms of service; within sixty calendar days prior to implementation.

The Licensees governed by the Resolution must notify ENACOM of their proposed price variations, plans and promotions and of any individual requests for increases beyond the authorized percentage through the Distance Processing Platform (TAD) and following the Analysis and Registration of Prices, Plans and/or Promotions of Suppliers procedure.

Finally, Licensees have 10 calendar days from the publication of the Resolution to notify ENACOM of the first variation of retail prices that they intend to implement.

This Resolution was issued within the framework of Presidential Decree No. 690 of August 21, 2020, which established, among other things, that ICT Services and access to telecommunications networks for and among its licensees are essential and strategic public services in competition, and that ENACOM as the Enforcement Authority must guarantee their effective availability.