Information technology and communications.
Sanctioned: December 16, 2014
Enacted: December 18, 2014
The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. sanction with force of Law:
ARGENTINA DIGITAL LAW
ARTICLE 1 - Purpose. The development of Information and Communication Technologies, Telecommunications, and their associated resources is declared of public interest, establishing and guaranteeing the complete neutrality of the networks.
Its purpose is to enable the access of all the inhabitants of the Argentine Republic to information and communication services under equitable social and geographic conditions, with the highest quality parameters.
This rule is of public order and excludes any type of content regulation, whatever its transmission medium.
ARTICLE 2 - Purpose. The provisions of this law are intended to guarantee the human right to communications and telecommunications, recognize Information and Communication Technologies (ICT) as a preponderant factor in the technological and productive independence of our Nation, promote the role of the State as a planner, encouraging the social function that these technologies have, as well as competition and job creation through the establishment of clear and transparent guidelines that favor the sustainable development of the sector, ensuring the accessibility and affordability of the technologies of the information and communications for the people.
Likewise, it seeks to clearly establish the distinction between the content generation and transport and distribution markets so that the influence in one of these markets does not generate practices that imply distortions in the other.
In the execution of this law, the development of regional economies will be guaranteed, seeking to strengthen existing local actors, such as cooperatives, non-profit entities and SMEs, tending to the generation of new actors that individually or collectively guarantee the provision of ICT Services.
ARTICLE 3 - Scope of application. This law is applicable throughout the territory of the Argentine Nation and in the places subject to its jurisdiction.
ARTICLE 4 - Federal jurisdiction and contentious-administrative jurisdiction. The activities regulated by the present will be subject to federal jurisdiction and any incident that could arise or derive directly or indirectly from the application of this document will be the competence of the Federal Administrative Law, with the exception of consumer relations.
ARTICLE 5 - Inviolability of communications. Correspondence, understood as any communication that is made through Information and Communication Technologies (ICT), including traditional postal mail, email or any other mechanism that induces the user to presume the privacy of the itself and the traffic data associated with them, carried out through telecommunications networks and services, is inviolable. Its interception, as well as its subsequent registration and analysis, will only proceed at the request of a competent judge.
ARTICLE 6 - General definitions. Regarding the regime of Information and Communication Technologies and Telecommunications, the following definitions will apply:
a) Enforcement Authority: is the one provided for in article 77 of this law.
b) Associated resources: are the physical infrastructures, systems, devices, associated services or other resources or elements associated with a telecommunications network or with an Information Technology and Communications Service (ICT) that allow or support the provision of services through said network or service, or have the potential to do so. They will include, but are not limited to, buildings or building entrances, building wiring, antennas, towers and other support constructions, conduits, masts, manholes and distributors.
c) Basic Telephone Service (SBT): consists of the provision of national and international voice telephone service, through local networks, regardless of the technology used for its transmission, as long as it complies with the purpose of allowing its users communicate with each other.
d) Information Technology and Communications Services (ICT Services): are those whose purpose is to transport and distribute signals or data, such as voice, text, video and images, provided or requested by third-party users, through telecommunications networks. Each service will be subject to its specific regulatory framework.
e) Telecommunication Service: is the service of transmission, emission or reception of writings, signs, signals, images, sounds or information of any nature, by wire, radioelectricity, optical means or other electromagnetic systems, through telecommunications networks.
f) Essential and strategic public service of Information and Communication Technologies in competition: it is the service of use and access to telecommunications networks for and between providers of ICT Services. This service must be provided with characteristics of generality, uniformity, regularity and continuity.
g) Information and communication technologies (ICT): is the set of resources, tools, equipment, computer programs, applications, networks and means that allow the compilation, processing, storage and transmission of information, such as voice, data , text, video and images, among others.
h) Telecommunication: it is any transmission, emission or reception of signs, signals, writings, images, sounds or information of any nature, by wire, radioelectricity, optical means or other electromagnetic systems.
ARTICLE 7 - Specific definitions. In the relationship between licensees or providers of ICT Services, the following definitions will apply:
a) Access: is the provision by one provider to another of network elements, associated resources or services for the purpose of providing ICT Services, even when they are used to supply audiovisual content services.
b) Open architecture: it is the set of technical characteristics of telecommunications networks that allows them to interconnect with each other at a physical or virtual, logical and functional level, in such a way that there is interoperability between them.
c) Essential facilities: are the network elements or services that are provided by a single licensee or provider or a small number of them whose reproduction is not viable from a technical, legal or economic point of view and are essential inputs for the provision of the services provided in this law. In cases not provided for herein, the Enforcement Authority will determine the existence and regulation of access to essential facilities in terms of the provisions of law 25.156 or the one that will replace it in the future.
d) Interconnection: it is the physical and logical connection of telecommunications networks in such a way that the users of a licensee can communicate with the users of another licensee, as well as access the services provided by another licensee. The services may be provided by interested parties or by third parties who have access to the network. Interconnection constitutes a particular type of access between ICT Service providers.
e) Telecommunications network: these are the transmission systems and, where appropriate, the switching or routing equipment and other resources, including the elements that are not active, that allow the transport of signals through cables, hertzian waves, optical means or other electromagnetic means, including satellite networks, fixed terrestrial networks (circuit and packet switched or others) and mobile, power lines, insofar as they are used for the transmission of signals, networks used for the sound and television broadcasting and cable television networks, regardless of the type of information transported.
f) Local network: it is the telecommunications network infrastructure, including the software and hardware necessary to carry out the connectivity from the terminal connection point of the network located at the user's home to the telephone exchange or equivalent, circumscribed facility to a specific geographic area.
g) User of ICT Services: is the natural or legal person who uses the service for himself. It does not include the provision, resale or lease of networks or services available to the public.
h) Significant market power: it is the position of economic strength that allows one or more providers that their behavior is, to an appreciable extent, independent of their competitors. This economic force may be based on the share of participation in the reference market or markets, on the ownership of essential facilities, on the ability to influence the formation of prices or on the viability of its competitors; including any situation that allows or facilitates the exercise of anti-competitive practices by one or more providers based, for example, on their degree of vertical or horizontal integration. The specific obligations imposed on the provider with significant market power shall be extinguished in effect by resolution of the Enforcement Authority once there are effective competition conditions in the reference market or markets. The Enforcement Authority is empowered to declare at any time providers with significant market power in the enforcement services of this law in accordance with the procedure established by regulation.
ARTICLE 8 - Regime. The provision of ICT Services will be carried out under a competition regime.
For the provision of ICT Services, the prior obtaining of the enabling license will be required. The licensee of ICT Services must proceed to the registration of each service under the conditions determined by the Application Authority.
ARTICLE 9 - Principles. Licenses will be granted upon request and in the regulated manner, enabling the provision of the services provided for in this law throughout the territory of the Argentine Nation, whether fixed or mobile, wired or wireless, national or international, with or without its own infrastructure. .
The licensees of the services provided for in this law may provide audiovisual communication services, with the exception of those provided through a satellite link, having to process the corresponding license with the competent authority. Likewise, the licensees of audiovisual communication services may provide ICT Services, having to process the corresponding license before the Enforcement Authority of this law.
The licensees of public services related to the scope of application of this law are excepted from the provisions contained in articles 24 subsection i) and 25 subsection d) of law 26.522, whether they are individuals or legal entities respectively.
ARTICLE 10. - Contents and transportation. When a requestor or provider, in accordance with the provisions of the present, seeks or collects the ownership of a license for services provided for in this law and the ownership of a license for audiovisual communication services, they must:
a) Set up separate business units for the purposes of providing audiovisual communication services and ICT Services.
b) Keep separate accounting and bill separately for services corresponding to audiovisual communication services and ICT services.
c) Not to engage in anti-competitive practices such as tied sales and cross-subsidies with funds from the different business units.
d) Facilitate — when requested — to competitors in licensed services access to their own support infrastructure, especially poles, masts and ducts, under market conditions. In cases where there is no agreement between the parties, intervention must be requested from the authority of the National Commission for the Defense of Competition.
e) Respect the responsibilities and professional frameworks of workers in the different activities that are provided.
ARTICLE 11. - Conditions of provision. The granting of the license for the provision of the services provided for in this law is independent of the technology or means used to offer them and the existence and allocation of the means required for the provision of the service.
ARTICLE 12. - Requirements. The Enforcement Authority will grant the license once the applicant has complied with the requirements established by the regulations.
If the use of radio spectrum frequencies is required for the provision of the ICT Service, the licensee must process, in accordance with the provisions of the specific regulations on the matter, the granting of the corresponding authorization or permit for the use of spectrum frequencies. radioelectric.
ARTICLE 13. - Assignment or transfer. The transfer, the assignment, the lease, the constitution of any encumbrance on the license and any modification of the shareholdings or social quotas, in the terms of the current regulations, must be obtained with prior authorization from the Enforcement Authority, under pain of nullity. .
ARTICLE 14. - Expiration or termination of the license. The Enforcement Authority may declare the expiration of the respective license or registration, in accordance with the provisions of this law, the decrees, regulations and other regulations in force on the matter, contemplating the procedure established by it.
The following will be grounds for expiration:
a) Failure to provide the registered service or services in accordance with current regulations.
b) Failure to start the provision of the registered services within the period established by current regulations and in accordance with the regulations issued by the Enforcement Authority for this purpose.
c) The repeated failure to pay fees, rights, fees and the contribution to the Universal Service, in accordance with the regulations issued by the Enforcement Authority for this purpose.
d) The materialization of acts without the authorization of article 13 hereof.
e) The bankruptcy, dissolution or liquidation of the licensee.
ICT services and establishment and operation of telecommunications networks
ARTICLE 15. - Character of public service in competition. The character of an essential and strategic public service of Information and Communication Technologies (ICT) is recognized in competition with the use and access to telecommunications networks, for and between licensees of ICT Services.
ARTICLE 16. - Homologation and certification. Beginning. In order to guarantee the integrity and quality of the telecommunications networks and the radioelectric spectrum, as well as the safety of people, users and licensees, the telecommunications equipment that is commercialized will be subject to approval and certification. The Enforcement Authority shall issue the respective regulations.
ARTICLE 17. - Coordination mechanisms for the deployment of telecommunications networks. The national, provincial, Autonomous City of Buenos Aires and municipal authorities will coordinate the necessary actions to achieve the deployment of the telecommunications networks used in ICT Services. The Enforcement Authority will invite the provinces, the Autonomous City of Buenos Aires and the municipalities to sign the respective cooperation agreements.
ARTICLE 18. - Definition. The national State guarantees the Universal Service, understood as the set of ICT Services that must be provided to all users, ensuring their access under conditions of quality, affordability and fair and reasonable prices, regardless of their geographical location.
ARTICLE 19. - Purpose. The Universal Service is a dynamic concept whose purpose is to enable access for all the inhabitants of our country, regardless of their address, income or abilities, to ICT Services provided under quality conditions and at a fair and reasonable price.
ARTICLE 20. - Scope and regime. It is the responsibility of the national Executive Power, through the Enforcement Authority, to define the public policy to be implemented to achieve the objective of Universal Service. Without prejudice to this, the Universal Service will be governed by the principles, procedures and provisions of this law and, in particular, by the resolutions issued for this purpose by the Enforcement Authority.
Universal Service Trust Fund
ARTICLE 21. - Creation and financing. Create the Universal Service Trust Fund. The investment contributions corresponding to the Universal Service programs will be administered through said fund. The patrimony of the Trust Fund of Universal Service will be of the national State.
The Enforcement Authority shall dictate the regulations for the administration of the Fund and the rules for its control and audit regarding the administration costs, ensuring that both the administration and the execution of the Fund are in charge of the national State.
ARTICLE 22. - Investment contributions. The licensees of ICT Services will have the obligation to make investment contributions to the Universal Service Trust Fund equivalent to one percent (1%) of the total income earned for the provision of ICT Services included in the scope of this application. law, net of taxes and fees levied or, if exemptions are granted, comply with the obligations established therein. The investment contribution may not be transferred to users under any circumstances. The Universal Service Trust Fund may also be integrated with donations or bequests.
ARTICLE 23. - Contribution exemption. The Enforcement Authority may, once the objectives of the Universal Service have been achieved, the total or partial exemption, permanent or temporary, from the obligation to make the investment contributions provided in the previous article.
ARTICLE 24. - Categories of the Universal Service. The Enforcement Authority will design the different programs for the fulfillment of the obligations and access to the rights foreseen with respect to the Universal Service, being able to establish categories for this purpose.
ARTICLE 25. - Application of funds. Universal Service funds will be applied through specific programs. The Enforcement Authority will define its content and the corresponding award mechanisms. The Enforcement Authority may entrust the execution of these plans directly to the entities included in article 8, paragraph b), of Law 24.156, or, complying with the corresponding selection mechanisms, respecting principles of publicity and competition, to other entities.
The Universal Service programs should be understood as obligations subject to periodic review, so the services included and the programs that are developed will be reviewed, at least every two (2) years, depending on the social needs and requirements, the existing demand. , the technological evolution and the purposes established by the national State in accordance with the design of the Information Technology and Communications (ICT) policy.
Essential ICT resources
ARTICLE 26. - Characteristics. The radioelectric spectrum is an intangible, finite and public domain resource, whose administration, management and control is the non-delegable responsibility of the national State.
ARTICLE 27. - Administration, management and control. It is the responsibility of the Enforcement Authority to designate the administration, management and control of the radioelectric spectrum, in accordance with what is established in this law, the regulations that are consequently issued, international standards and those issued by world and regional conferences in the matter to which the Argentine Republic adheres.
ARTICLE 28. - Authorizations and permits. The authorizations and permits for the use of frequencies of the radioelectric spectrum will be granted on a precarious basis, so the Enforcement Authority may substitute, modify or cancel them, totally or partially, without giving rise to any right of compensation in favor of the authorized or managed.
The authorizations and permits for the use of the frequency of the radioelectric spectrum assigned by tender or public tender, with an onerous nature, will be governed by the terms set at the time of said tender or contest, in accordance with the framework of the contracting regime of the national administration, Except for well-founded reasons of duly accredited public interest.
For all the aforementioned cases, the Enforcement Authority will set the maximum period for granting each authorization or permit.
ARTICLE 29. - Assignment and lease. The authorizations and permits for the use of the radioelectric spectrum frequency and the authorizations and authorizations granted to install and operate a radioelectric station, media or systems, may not be transferred, leased or transferred in whole or in part or change their destination, without the prior approval of the Enforcement Authority, in accordance with current regulations.
ARTICLE 30. - Migration of gangs. The Enforcement Authority may require the holders of authorizations and permits for the use of frequencies to migrate their systems as a result of changes in the allocation of frequency bands. The migration must be completed within the deadlines set by the Enforcement Authority. The authorized or permit holders have no right to any compensation.
ARTICLE 31. - Direct assignment. The Enforcement Authority may directly assign frequencies to national organizations, state entities and entities with majority participation of the national state.
ARTICLE 32. - Authorization. ICT Services licensees must have prior authorization for the installation, modification and operation of radio communication stations, media or systems.
ARTICLE 33. - Administration, management and control. The national State, through the Application Authority, is responsible for the administration, management and control of the orbit-spectrum resources corresponding to satellite networks, in accordance with the international treaties signed and ratified by the Argentine State.
This resource may be exploited by public or private entities as long as authorization is granted for this purpose and in accordance with the applicable provisions on the matter.
ARTICLE 34. - Authorization. The provision of satellite facilities will require the corresponding authorization for operation in Argentina, in accordance with the regulations issued by the Enforcement Authority for this purpose. On the contrary, the provision of any ICT Service by satellite will be subject to the general regime for the provision of ICT Services established in this law.
ARTICLE 35. - Priority of use. For the provision of satellite facilities, priority will be given to the use of Argentine satellites, understood as those that use an orbit-spectrum resource on behalf of the Argentine Nation, to the use of satellites built in the Argentine Nation or to the operating companies of satellites that were owned by the national State or in which it had a majority stake.
The priority indicated above will have effect only if the proposed technical and economic conditions are adjusted to a competitive market, which will be determined by the Enforcement Authority.
ARTICLE 36. - Dictation of the plans. The Enforcement Authority must approve, manage and control the national plans for numbering, signaling, number portability and other fundamental plans, and has the power to prepare or modify them.
ARTICLE 37. - Attributes. The attributes of the fundamental plans are instrumental in nature and their granting does not confer rights and interests on the licensees of ICT Services, which is why their modification or deletion does not generate the right to any compensation.
Access and interconnection
ARTICLE 38. - Scope. This chapter and its regulations shall apply to cases of use and access and interconnection between licensees of ICT Services.
ARTICLE 39. - Obligation of access and interconnection. ICT Service licensees shall have the right and, when requested by other ICT licensees, the obligation to provide access and mutual interconnection.
ARTICLE 40. - General regime. ICT Services licensees are obliged to interconnect under non-discriminatory, transparent conditions and based on objective criteria, in accordance with the provisions dictated by the Enforcement Authority, which will promote competition and be aimed at the progressive reduction of asymmetries between licensees.
The terms and conditions for access or interconnection that a licensee of ICT Services offers to another due to an agreement or resolution of the Application Authority, must be guaranteed to any other who requests it.
Licensees outside the contractual relationship may make observations on the signed agreement as provided by the regulations.
ARTICLE 41. - Particular conditions. The Enforcement Authority may determine particular conditions of access and interconnection with the networks that were owned by the national State or companies with majority State participation.
ARTICLE 42. - Registration and publication. The agreements between licensees of ICT Services must be registered with the Enforcement Authority and published in accordance with current regulations.
ARTICLE 43. - Reference offers. Reference offers must be submitted for authorization and publication by the Enforcement Authority in accordance with the provisions issued by it.
In the cases included in article 10 of this law, the reference offer must guarantee that the treatment given to its business units does not distort competition in the reference market.
ARTICLE 44. - Open architecture design. ICT Services licensees must adopt open network architecture designs to guarantee the interconnection and interoperability of their networks.
ARTICLE 45. - Local network unbundling. Disaggregation of the local network of ICT Services licensees is provided. The Enforcement Authority will establish for this purpose the differentiated conditions based on technical, economic, opportunity, merit and convenience issues, attending to the preservation of the public interest and promoting competition.
ARTICLE 46. - Specific obligations. Those licensees of ICT Services with significant market power must comply with the specific obligations established by the Enforcement Authority, which will guarantee through asymmetric regulatory measures the development of regional markets, the participation of local licensees and the continuity in the provision of ICT services.
ARTICLE 47. - Competences. The powers of the Enforcement Authority in terms of access and interconnection are:
a) Provide the legal, technical and economic conditions to which the agreements must adhere.
b) Keep a record of the agreements entered into and carry out the analysis prior to the authorization of a reference offer.
c) Intervene, ex officio or at the request of any of the interested parties, urging to make the modifications to the signed agreement that it deems appropriate.
d) Establish specific obligations and conditions for those licensees, with significant market power and any other that it considers justifiably necessary; These obligations will remain in force for the time strictly essential and may consist of:
i. The provision of accounting, economic and financial information, technical specifications, characteristics of the networks and conditions of supply and use, including, where appropriate, conditions that could limit access or use of services or applications, as well as prices and rates.
ii. The preparation, presentation and publication of a reference offer under the conditions established by regulation.
iii. The separation of accounts, in the format and with the methodology that, where appropriate, are specified.
iv. The functional separation.
v. Provide access to specific network elements or resources and their use, as well as associated resources and services.
saw. Control of prices and rates, such as their setting, their orientation according to costs or the determination of another type of compensation mechanism.
vii. Notification duty for prior approval, given the need to make modifications to the network that affect the operation of the users' equipment or the networks with which it is interconnected.
viii. Other types of specific obligations related to access or interconnection that are not limited to the matters listed above and that are duly justified.
Prices, fees and charges
ARTICLE 48. - Rule. ICT Services licensees will set their prices, which must be fair and reasonable, cover operating costs and aim for efficient provision and a reasonable operating margin.
The tariffs of the essential and strategic public services of Information and Communication Technologies (ICT) in competition, those of those provided based on the Universal Service and those determined by the Enforcement Authority for reasons of public interest, may be regulated for this.
ARTICLE 49. - Control, inspection and verification fee. A fee for control, inspection and verification is established for licensees of ICT Services, equivalent to zero point fifty percent (0,50%) of the total income earned for the provision of ICT Services, net of taxes. and taxes levied.
The Enforcement Authority will establish the time, form and procedure related to the collection of the rate set in the first paragraph of this article, with the purpose of allowing the financing of the expenditures made for its operation.
ARTICLE 50. - Radioelectric fees and charges. The licensees of ICT Services in general and telecommunications in particular must pay the radioelectric rights and tariffs for each of the radioelectric stations, systems and services that operate throughout the territory of the Nation, whose unit of measurement will be the so-called Unit of Radioelectric Appraisal (UTR). The classification, value, update, payment frequency, penalties and exemptions will be determined by the Enforcement Authority.
ARTICLE 51. - Administrative fees. The Enforcement Authority will have the power to set administrative fees.
ARTICLE 52. - Specific fees and charges. The fees and charges to establish telecommunication systems and stations not open to public correspondence will be determined according to their characteristics, the importance of their facilities and the evaluation of the foreseeable traffic, in accordance with the provisions of the regulations.
ARTICLE 53. - Exemptions. Exemptions or reductions of rates, fees and charges for Information and Communication Technologies (ICT) in general and telecommunications in particular may be established on a precarious basis, when the nature of certain activities justifies it.
General considerations about ICT Services
ARTICLE 54. - Public Telephone Service. The Basic Telephone Service maintains its status as a public service.
ARTICLE 55. - Purpose and scope. The ICT Service comprises the confluence of both fixed and mobile networks that, through various functionalities, provide users with the ability to receive and transmit voice, audio, still or moving images and data in general.
For the purposes of safeguarding the functionality of the ICT Service, it must be provided throughout the national territory, considered for such purposes as a single area of exploitation and provision.
The Basic Telephone Service, without prejudice to its normative particularity, takes special consideration within the framework of technological convergence. That is why the effective provision of the service must be considered independently of the technology or means used for its provision through local networks, its main purpose being the establishment of communication through the transmission of voice between parties.
ARTICLE 56. - Net neutrality. Each user is guaranteed the right to access, use, send, receive or offer any content, application, service or protocol through the Internet without any type of restriction, discrimination, distinction, blocking, interference, obstruction or degradation.
ARTICLE 57. - Net neutrality. Prohibitions ICT Service providers may not:
a) Block, interfere, discriminate, hinder, degrade or restrict the use, delivery, reception, offer or access to any content, application, service or protocol except by court order or express request of the user.
b) Set the price of Internet access by virtue of the contents, services, protocols or applications that are going to be used or offered through the respective contracts.
c) Arbitrarily limit the right of a user to use any hardware or software to access the Internet, provided that they do not damage or harm the network.
ARTICLE 58. - Minimum Transmission Speed (VMT). The Enforcement Authority will define, within a period not exceeding one hundred and eighty (180) days from the entry into force of this law, the Minimum Transmission Speed (VMT) that telecommunications networks must enable in order to ensure the effective functionality of the ICT Services. The licensees of ICT Services must provide their end users, not licensees of these services, the fixed speed. The VMT must be reviewed with a maximum periodicity of two (2) years.
Rights and obligations of users and licensees of ICT Services
Rights and obligations of users of ICT Services
ARTICLE 59. - Rights. The user of the ICT Services has the right to:
a) Have access to the ICT Service under conditions of equality, continuity, regularity and quality.
b) Be treated by the licensees with courtesy, correctness and diligence.
c) Have access to all information related to the offer or provision of services.
d) Freely choose the licensee, the services and the equipment or apparatus necessary for its provision, provided that they are duly approved.
e) Present, without unnecessary prior requirements, requests and complaints to the licensee and receive a respectful, timely, adequate and truthful response.
f) The protection of the personal data that you have provided to the licensee, which cannot be used for purposes other than those authorized, in accordance with current provisions.
g) That the price of the service you receive is fair and reasonable.
h) All other rights derived from the application of applicable laws, regulations and standards.
ARTICLE 60. - Obligations. The user of the ICT Services has the following obligations:
a) Timely pay the charges for the services received, in accordance with the contracted prices or established rates.
b) Maintain the domiciliary facilities in their charge in an adequate manner to the current technical standards.
c) Do not alter the terminal equipment when as a result they may cause damage or interference that degrades the quality of the service, refraining from misusing the service.
d) Allow access to licensees and Enforcement Authority personnel, who must be duly identified for the purposes of carrying out any type of work or necessary verification.
e) Respect the legal and regulatory provisions and the general contracting conditions and the other obligations derived from the application of the applicable laws, regulations and standards.
Rights and obligations of licensees
ARTICLE 61. - Rights. ICT Services licensees have the right to:
a) Use and protect their networks and facilities used in the provision of the ICT Service.
b) Install their networks and equipment throughout the national territory in accordance with the provisions of this law and other applicable regulations regarding the use of land, subsoil, airspace, public and private property.
c) To the other rights derived from this law and its regulations.
ARTICLE 62. - Obligations. ICT Services licensees have the following obligations:
a) Provide the service under the principles of equality, continuity and regularity, complying with the quality levels established in current regulations.
b) Not include clauses in contracts that restrict or condition in any way users the freedom of choice of another licensee or that condition its termination or disconnection of any additional contracted service.
c) Guarantee that specific social groups, people with disabilities, including users with severe vision problems or visual impairment, the hard of hearing and speech-impaired, the elderly and users with special social needs have access to the service in Conditions comparable to the rest of the users, in accordance with the provisions of the specific regulations.
d) Have free mechanisms to assist users in accordance with the provisions of the Enforcement Authority.
e) Provide the user with information in the national language and in a clear, necessary, truthful, timely, sufficient, true and free manner, which does not mislead and contains all the information on the essential characteristics of the service provided at the time of the offer, of the conclusion of the contract, during its execution and after its completion.
f) Guarantee users the confidentiality of transmitted messages and the secrecy of communications.
g) Provide all the information requested by the competent authorities, especially the accounting or economic information with the periodicity and under the forms that are established, as well as that which allows knowing the conditions of provision of the service and all other information that may be considered necessary for the fulfillment of functions.
h) Have the necessary equipment to enable the Enforcement Authority to carry out its functions; being obliged to allow the Enforcement Authority access to its facilities and provide the information required by it.
i) Meet the requirements in matters of national defense and public security formulated by the competent authorities.
j) Respect the rights that correspond to users in accordance with the applicable regulations.
k) Comply with the obligations set forth in the respective licenses, the corresponding regulatory framework and the decisions issued by the Enforcement Authority.
l) Act under fair and effective competition schemes in accordance with current regulations.
m) Comply with the other obligations derived from this law and current regulations.
ARTICLE 63. - Regulations. The Enforcement Authority will regulate the sanctioning regime in accordance with the principles and provisions of this Title.
ARTICLE 64. - Procedure. The administrative procedure for the investigation of the summary and the application of sanctions will be dictated by the Enforcement Authority. In addition, the National Law of Administrative Procedures 19.549 will apply.
ARTICLE 65. - Measures prior to the beginning of the sanctioning process. By issuing the corresponding administrative act, without prior intervention and in accordance with the process determined by the Enforcement Authority, the cessation of the alleged infringing activity may be ordered when there are reasons of imperative urgency based on the following assumptions:
a) Affecting the operation of the National Security, Civil Defense and Emergency services.
b) Exposure to danger of human life.
c) Interference to other networks or ICT Services and to those that occur on the frequencies used by the Aeronautical Radionavigation Service and the Aeronautical Mobile Service.
If there are concurrent powers with another competent authority, it will be transferred to it after the precautionary measure has taken place.
ARTICLE 66. - Precautionary measures in the sanctioning process. Through the issuance of the corresponding administrative act issued within the scope of the Enforcement Authority, precautionary measures may be adopted consisting of:
a) The immediate cessation of unauthorized radio broadcasts.
b) The immediate cessation of any other allegedly infringing activity that could cause irreparable damage to the end users of the service.
c) The sealing of equipment or facilities involved in the provision of ICT Services.
The precautionary measures that had been issued shall cease in their effects as such when the measure that puts an end to the sanctioning procedure is issued.
ARTICLE 67. - Types of sanctions. Failure to comply with the obligations established in this law, its regulations, licenses, authorizations or use permits will lead to the application of the following sanctions:
c) Suspension of marketing.
f) Confiscation of equipment and materials used for the provision of services.
h) Expiration of the license, registration or revocation of the authorization or permit.
ARTICLE 68. - Disqualification accessory. The sanction of expiration of the license will disable the sanctioned holder and the members of its governing bodies for a term of five (5) years to be licensees, partners or administrators of licensees.
ARTICLE 69. - Formal nature. The infractions will be formal in nature and will be configured regardless of the fraud or fault of the holders of the licenses, registrations or permits and of the people for whom they must answer.
ARTICLE 70. - Graduation of sanctions. The sanction imposed upon verification of an offense will be graduated taking into account the seriousness of the offense, the economic capacity of the offender and the degree to which the public interest is affected.
For the purposes of determining sanctions, the following will be considered as aggravating situations to be taken into consideration:
a) The continued nature of the event liable to sanction.
b) The impact of the service.
c) Obtaining economic benefits by the offender.
d) The secrecy.
e) Lack of homologation or certification of the apparatus or equipment used.
ARTICLE 71. - Mitigating factors. The following will be considered mitigating situations to take into consideration:
a) Having recognized in the course of the procedure the existence of the infraction.
b) Having remedied the infringement situation on their own initiative and fully compensated the damages that it may have caused.
ARTICLE 72. - Confiscation. In those cases in which the provision of ICT Services is detected in violation of the licenses, permits, authorizations, approvals or authorizations provided in this law or that by any means invade or obstruct the general communication channels, they will be lost to the benefit of the national State the goods, facilities and equipment used in the commission of said infractions.
ARTICLE 73. - Obligation to reimburse. The application of sanctions will be independent of the obligation to reimburse or compensate the rates, prices or charges unduly received from the users, with updating and interest, or to compensate the damages caused to the users, the State, or third parties for the infringement.
ARTICLE 74. - Reiteration. The final sanctioning act in the administrative headquarters will constitute valid antecedent for the purposes of the reiteration of the infraction. It will be considered reiteration when a sanction has been applied in relation to the same obligation within the last twenty-four (24) months.
ARTICLE 75. - Advertising. The Enforcement Authority will determine the cases in which, at the expense of the offender, the publication of the applied sanctions will proceed.
ARTICLE 76. - Resources. The act by which the established sanction is applied will exhaust the administrative procedure for the purposes of article 23 of the National Law of Administrative Procedures 19.549, without prejudice to the origin of the appeal that the appellant may choose.
Once the administrative route has been exhausted, the appeal will proceed in court in accordance with article 4 of this. Its filing will not have suspensive effect, except in the case of the expiration of the license.
Federal Authority for Information and Communication Technologies
ARTICLE 77. - Enforcement Authority. It is created as a decentralized and autarkic body within the scope of the national Executive Power, the Federal Authority of Information Technologies and Communications as the Application Authority of this law.
ARTICLE 78. - Nature and domicile. The Federal Authority for Information and Communication Technologies will have full legal capacity to act in the fields of public and private law and its assets will be made up of the assets transferred to it and those acquired in the future by any title. It will have its main headquarters in the Autonomous City of Buenos Aires and must establish at least one (1) delegation in each province or region of them or city, with a minimum of one (1) delegation in each locality of more than five hundred thousand (500.000 ) population.
ARTICLE 79. - Continuation. The Federal Authority for Information Technology and Communications created by this law will continue, for all purposes and in accordance with the provisions of this law, the Secretariat of Communications and the National Communications Commission created by the decrees 1142/2003 and 1185/90 and their subsequent modifications.
ARTICLE 80. - Functions. The Federal Authority for Information and Communication Technologies will have as functions the regulation, control, supervision and verification in matters of ICT in general, telecommunications in particular, the postal service and all those matters that are integrated into its orbit according to the text of this law, the applicable regulations and the policies established by the national government.
ARTICLE 81. - Competences. The Federal Authority for Information and Communication Technologies will exercise the following powers:
a) Regulate and promote competition and efficient development of telecommunications and digital services within the scope of the powers conferred by this law and other applicable legal provisions.
b) The regulation, promotion and supervision of the use, exploitation and exploitation of the radioelectric spectrum, orbital resources, satellite services, telecommunications networks and the provision of telecommunications services and digital technologies, as well as access to active infrastructure and passive and other essential supplies or facilities, without prejudice to the attributions that correspond to other authorities in the terms of the corresponding legislation.
c) Regulate in the matter of technical guidelines relative to the infrastructure and the equipment that are connected to the telecommunications networks, as well as in the matter of homologation and evaluation of the conformity of said infrastructure and equipment.
d) Resolve on the granting, extension, revocation of licenses, registration, permits and authorizations, as well as the authorization of assignments or changes of share control, ownership or operation of companies related to concessions in the field of telecommunications and services provided for in this law .
e) Adopt, where appropriate, the necessary actions and measures that guarantee continuity in the provision of telecommunications services and audiovisual communication services when the authority gives notice of the existence of causes of termination due to revocation or redemption of concessions, dissolution or bankruptcy of the concession companies.
f) Plan, set, implement and conduct policies and programs for universal coverage and social coverage in accordance with the provisions of this law.
g) Promote and regulate access to information and communication technologies and telecommunications services, including broadband and Internet, under conditions of effective competition.
h) Issue administrative provisions of a general nature, fundamental technical plans, guidelines, cost models, conformity assessment procedures, homologation and certification procedures, and technical regulations on telecommunications and audiovisual communication services; as well as other provisions for compliance with the provisions of this law.
i) Formulate and publish their work programs.
j) Prepare, publish and keep updated the National Table of Frequency Attribution.
k) Issue provisions, guidelines or resolutions regarding interoperability and interconnection of public telecommunications networks, in order to ensure free competition and market competition.
l) Resolve and establish the terms and conditions of interconnection that the concessionaires have not been able to agree on regarding their public telecommunications networks in accordance with the provisions of this law.
ll) Issue general guidelines for access and, where appropriate, shared use of the active and passive infrastructure, in the cases established by this law.
m) Resolve infrastructure sharing disagreements between licensees in accordance with the provisions of this law.
n) Resolve disagreements that arise between licensees of telecommunications networks.
ñ) Resolve requests for partial or total interruption, due to acts of God or force majeure of the general communication channels in telecommunications.
o) Resolve on the change or rescue of frequency bands.
p) Determine the existence of actors with significant market power and impose the necessary measures to avoid affecting competition and free competition in each of the markets of this law.
q) Declare the existence or non-existence of effective competition conditions in the sector in question and, where appropriate, the extinction of the obligations imposed on actors with significant market power.
r) Determine, authorize, register and publish the rates of the services under the conditions provided in this law.
s) Require the subjects regulated by this law the information and documentation, including that generated by electronic, optical or any other technology, necessary for the exercise of their powers.
t) Coordinate actions with the authorities of the Executive, provincial and municipal powers.
u) Impose sanctions for infractions of the legal, regulatory or administrative provisions.
v) The others conferred by this law and other legal or administrative provisions.
ARTICLE 82. - Control. The Federal Authority for Information and Communication Technologies will be subject to control by the General Audit Office of the Nation and the General Audit Office of the Nation. It is a permanent and inexcusable obligation of the board of directors to give its acts publicity and transparency regarding resources, expenses, staff appointments and hiring.
ARTICLE 83. - Budget. The budget of the Federal Authority for Information and Communication Technologies will be made up of:
a) The rate that licensees and other providers must pay in accordance with this law.
b) The amounts resulting from the application of fines.
c) The donations and / or bequests and / or subsidies that are granted.
d) Budgetary resources from the National Treasury.
e) The administrative fees that it sets.
f) Any other income that is legally foreseen.
ARTICLE 84. - Board of Directors. The management and administration of the Federal Authority for Information and Communication Technologies will be exercised by a (1) board of directors made up of seven (7) members appointed by the national Executive Power.
The board of directors will be made up of one (1) president and one (1) director appointed by the national Executive Power; three (3) directors proposed by the Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization, who will be selected by it at the proposal of the parliamentary blocks, one (1) corresponding to the majority or first minority, one (1) to the second minority and one (1) to the third parliamentary minority; one (1) director at the proposal of the provinces and the Autonomous City of Buenos Aires, and one (1) director at the proposal of the Federal Council of Telecommunications and Digitalization Technologies, under the conditions established by the regulations.
The president and directors may not have interests or links with the matters under their orbit under the conditions of law 25.188.
Prior to the appointment, the national Executive Power shall publish the name and the curricular background of the persons proposed for the board of directors.
The president and directors will hold office for four (4) years and may be re-elected for one (1) period.
The president and directors may only be removed from their positions for non-compliance or poor performance of their duties or for being involved in the incompatibilities provided by law 25.188. The removal must be approved by two-thirds (2/3) of the total of the members of the Federal Council of Telecommunications Technologies and Digitization, through a procedure in which the right of defense has been fully guaranteed, and the Resolution adopted in this regard be duly founded on the causes previously provided.
The president of the board of directors is the legal representative of the Federal Authority, being in charge of presiding and calling the meetings of the board of directors, according to the regulations issued by the Enforcement Authority in use of its powers.
Voting will be by simple majority.
Federal Council for Telecommunications Technologies and Digitization
ARTICLE 85. - Federal Council for Telecommunications Technologies and Digitization. Creation. Create, within the scope of the Federal Authority for Information and Communication Technologies, the Federal Council for Telecommunications and Digitalization Technologies, which will have the following missions and functions:
a) Collaborate and advise on the design of public telecommunications and digital technology policy.
b) Propose guidelines for the preparation of the bidding documents and conditions for calls for tender or direct award of licenses.
c) Provide the Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization an annual report on the state of compliance with the law and the development of telecommunications and digital technologies in the Argentine Republic.
d) Annually summon the members of the Federal Authority's board of directors, in order to receive a detailed management report.
e) Issue its internal regulations.
f) Advise the Application Authority at your request.
g) Propose the adoption of measures to the Enforcement Authority.
h) Monitor the progress of the universal service indicators and standards, of the public services thus established and of the transmission speed.
i) Others provided by regulation.
ARTICLE 86. - Composition. The members of the Federal Council will be appointed by the national Executive Power, at the proposal of the sectors and jurisdictions in the number detailed below:
a) One (1) representative from each of the provinces and the Government of the Autonomous City of Buenos Aires. Said representation will correspond to the highest provincial political authority on the matter.
b) Two (2) representatives for the entities that group together the fixed and mobile telephone providers.
c) One (1) representative for the entities that group non-profit telecommunications providers.
d) One (1) representative of the entities that provide connectivity, broadband services or Internet.
e) One (1) representative of the National Interuniversity Council.
f) Three (3) representatives of the union entities of the ICT Services workers.
g) One (1) representative of the companies or entities that provide ICT Services.
h) One (1) representative of registered user and consumer associations operating in the field of ICT. The appointed representatives will last two (2) years in their function, they will serve in an honorary manner and may be replaced or removed by the national Executive Power at the express request of the same entity that proposed them.
From among its members, they will elect one (1) president and one (1) vice president, positions that will last two (2) years and may be re-elected, in case they are reappointed.
The Federal Council will meet, at least every six (6) months or extraordinarily at the request, of at least twenty-five percent (25%) of its members. The quorum will be made up, both in ordinary and extraordinary calls, with an absolute majority of the total of its members.
ARTICLE 87. - Transfers. The following organizations, companies, programs and projects are transferred under the jurisdiction of the Authority for the Enforcement of this law:
• Secretariat of Communications (SECOM).
• National Communications Commission (CNC).
• Argentina Soluciones Satelitales SA (ARSAT).
• Official Mail of the Argentine Republic SA (CORASA).
• Argentina Connected.
Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization
ARTICLE 88. - Chapter III of Title II of Law 26.522 is replaced, which will be drawn up as follows:
Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization
Article 18.- Bicameral Commission. To be created within the scope of the National Congress, the Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization, which will have the character of a Permanent Commission.
The Bicameral Commission will be made up of eight (8) senators and eight (8) national deputies, according to the resolution of each Chamber. It will dictate its own regulations.
From among its members, they will elect one (1) president, one (1) vice president and one (1) secretary; positions that will be held annually alternately by a representative of each Chamber.
The commission will have the following powers:
a) To propose to the national Executive Power, the candidates for the appointment of three (3) members of the board of directors of the Federal Authority for Audiovisual Communication Services, and three (3) members of the board of directors of Radio y Televisión Argentina Sociedad del Estado y del head of the Public Defender of Audiovisual Communication Services by joint resolution of both Chambers.
b) To propose to the national Executive Power, the candidates for the appointment of three (3) members of the board of the Federal Authority of Information and Communication Technologies by joint resolution of both Chambers.
c) Receive and evaluate the report presented by the Honorary Consultative Council of Public Media and inform their respective organic bodies, publicizing their conclusions.
d) Ensure compliance with the provisions relating to Radio and Television Argentina Sociedad del Estado.
e) Evaluate the performance of the members of the board of the Federal Authority for Audiovisual Communication Services and the Public Defender.
f) Evaluate the performance of the members of the board of the Federal Authority for Information Technology and Communications.
g) To rule on the removal of the Public Defender for non-compliance or poor performance of his position; in a procedure in which the right of defense has been fully guaranteed, and the resolution adopted in this regard must be duly founded.
Transitory clauses and final provisions
ARTICLE 89. - Law 19.798 and its amendments will only subsist with respect to those provisions that do not oppose the provisions of this law.
ARTICLE 90. - Scope. Decree 62/90. The definition of article 6, paragraph c) hereof comprises the aspects of the definition established in the Bidding Terms and Conditions for the International Public Tender for the Privatization of the Provision of the Telecommunications Service approved by decree 62/90.
ARTICLE 91. - Integration of the FFSU. It is established that by virtue of the provisions of Clauses 11.1 and 11.2 of the Trust Agreement for the Administration of the Trust Fund of the Universal Service Decree 558/08, the resources provided for in Article 8 of Annex III of Decree 764/00 and its Amendments will be integrated into the Universal Service Fund created by article 21 of this law, under the conditions determined by the Enforcement Authority.
ARTICLE 92. - Repeal. Decree 764/00 and its amendments are repealed, without prejudice to which it will remain in force in everything that does not oppose this law during the time that it requires the Enforcement Authority to dictate the regulations concerning the Licensing Regime for Services of ICT, the National Interconnection Regime, the General Regime of Universal Service and the Regime on the Administration, Management and Control of the Radioelectric Spectrum.
ARTICLE 93. - Transitional regime. Licenses. The current licensees, operators, providers and authorized under the regime established in Decree 764/00 and its amendments will be subject to the regime provided herein.
At the time of the enactment of the present, and without further processing, the enabling titles currently called 'Single License for Telecommunications Services' will be considered for all purposes 'Single Argentina Digital License', without changing their content, scope and effects.
The Enforcement Authority may establish special regimes and programs aimed at the regularization of provision situations whose managers do not have the corresponding license, considering for this purpose the particular situation of each actor involved, guaranteeing the continuity of the provision of ICT Services, without this implying remedy of any irregular situation.
ARTICLE 94. - Transitional regime. Implementation plan. The Enforcement Authority will formulate a gradual implementation plan in order to establish the guidelines and requirements that ICT licensees must comply with in relation to the provisions of articles 9 and 10 of this law, safeguarding the effective fulfillment of the purpose of the present.
The primary purpose of the gradual implementation plan will be to set the conditions necessary to guarantee competition and must take into account the following parameters:
a) Establishment of promotion areas for limited periods determined by reason of public interest. Within the established deadlines, ICT Services licensees with significant market power may not provide audiovisual communication services.
b) Promotion and protection of the so-called community networks, guaranteeing that the conditions of their exploitation respond to the technical, economic and social needs of the community in particular.
c) Establishment of incentives for the deployment of regional infrastructure and strengthening of local actors such as: allocation of universal service funds, ease of access to financing and investment, ease of access to public works programs, tax advantages, advice on technology and innovation, among others.
d) Establishment of regulatory asymmetries as instruments of universalization aimed at the development of effective competition, determining a set of different rights and duties for one provider with respect to another, even when both act in the same geographic market, providing equivalent services in the aforementioned, between other assumptions, to the conditions for the entry of new providers, for the establishment of limits to the concentration and the expansion of the service provision area.
ARTICLE 95. - Regime for providers entering the audiovisual communication services market. The Federal Authority for Audiovisual Communication Services will determine the conditions for entering the audiovisual communication services market of ICT providers and licensees that are included in the provisions of articles 9 and 10 of this law.
For these purposes, you must take into account:
a) If the license is required for the provision of subscription TV services and there is another provider in the same service area, the Law Enforcement Authority 26.522, in each specific case, must carry out a comprehensive evaluation of the request that considers the interest of the population and request a binding opinion from the National Commission for the Defense of Competition that establishes the conditions of provision that must be applied in the award of the license.
b) In order to obtain the audiovisual communication services license, the applicant, in addition to complying with the provisions established in Law 26.522, if applicable, must abide by the promotion deadlines set forth in subsection a) of Article 94 of this law.
ARTICLE 96. - Except for the exceptions expressly contemplated in this law, with regard to licenses for audiovisual communication services, law 26.522 and its complementary provisions will be applicable, which will be applicable to licensees of ICT services that provide services of audiovisual communication, to its controlled, linked or participating companies, as well as its shareholders and the companies in which they have direct or indirect participation, without prejudice to the competent authority in each case.
ARTICLE 97. - Validity. This law shall enter into force as of the day of its publication in the Official Gazette of the Argentine Republic.
ARTICLE 98. - Communicate to the national Executive Power.
GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE SIXTEEN DAYS OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND FOURTEEN.
- REGISTERED UNDER Nº 27.078 -
BELOVED BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. - Juan H. Estrada.