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Mobile Communication Services Legally Authorized Companies - Marketing - Full Text Of The Norm


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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
MOVILE COMMUNICATIONS SERVICES Law 25.891 Please note that the marketing of the aforementioned services can be carried out, only through the companies legally authorized to do so, the activity of resellers, wholesalers and any other person who does not review that character is prohibited. Please refer to the National Public Registry of Mobile Communications Users and Customers. Sanctioned: April 28, 2004. Enacted: May 21, 2004.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1or La The marketing of mobile communications services may be carried out, only, through the legally authorized companies, the activity of resellers, wholesalers and any other person who does not review that character is prohibited. ARTICLE 2o Las Companies that commercialize mobile equipment or terminals must register and systematize personal data, filiatories, domiciliarios, that allow a clear identification of the acquirers. In the event that the acquirers are persons other than the user, or legal persons, or agencies of the State, the identification of the end user shall be indicated in the terms above. These forecasts will be met even in cases where equipment is available only for use with credits from cell phone cards. ARTICLE 3o Los The licensees of Mobile Communications Services (SCM) shall establish and exchange with each other, together with the National Communications Commission (CNC), on a daily basis, the list of stolen, stolen or lost terminals informed by their clients; refuse to grant service to those who request it through the use of terminals included in the register or database created for that purpose; foresee mechanisms to provide, at all times, the Public Prosecution Service

Licensors shall make available to national and provincial security forces a free call asterisk, at all times and every day of the year, in order to confirm whether a certain terminal equipment is registered in the database referred to in the present.

ARTICLE 4o . Please find the obligation of the clients of Mobile Communications Services (SCM) to immediately denounce the licensee companies that provide them with service, the losses, theft or theft of their mobile terminals.

The activation or reactivation of terminal equipment of mobile communications that were reported as missing or reported for theft or theft to the licensee companies, without express authorization from the owners.

ARTICLE 5o Los Mobile Communications Service (SCM) Licensors shall require customers who have directly imported their equipment for personal use, import customs records under their ownership and payment of taxes and, to the purchasers who have bought them in the country, the purchase invoices issued in legal form. Mobile Communications Service (SCM) licensees may not activate the service of those who fail to meet these requirements. ARTICLE 6o La The sale of telephony cards intended for the use of mobile equipment or terminals will be made only in the conditions established by the national executive branch. ARTICLE 7o . The National Public Registry of Users and Customers of Mobile Communications will be established within the scope of the National Communications Secretariat, where personal data, filiations, domicilaries of users and clients will be recorded, and the firm convictions handed down against them will be recorded if any. The same will be permanently updated by the high and low levels produced in each of the services. ARTICLE 8o . Determine the obligation for mobile communications services companies, to report to the Register created in the previous article any information about users and clients of the mobile communications service, reports for terminal diversions, complaints of theft or theft and to share such information with the licensee companies of mobile communications services. ARTICLE 9o La Violation or non-compliance with the provisions of articles 3°, 4°, 5°, 7° and 8° of the present shall be considered a serious offence, in the terms of the sanctioning regime applicable to telecommunications licensees. ARTICLE 10. It will be repressed with imprisonment of UN (1) month to SEIS (6) years that alters, replaces, duplicates or in any way modifys a line number, or electronic series, or mechanical series of a terminal equipment or a Removable Identification Module of the user or the technology that in the future replaces it, in terminal equipment provided with this device, so that it can cause damage to the cellular or third party user. ARTICLE 11. It will be repressed with imprisonment of UN (1) month to SEIS (6) years, the one that alters, replaces, duplicates or in any way modifys any component of a telephony card, or agrees by any means to the credit-enablement codes of that service, in order to take illegitimate advantage of the credit emanated by a licensee of Mobile Communications Services (SCM). ARTICLE 12. It will be repressed with SEIS prison (6) months to THREE (3) years which, knowing of its illegitimate origin, acquires by any means or uses cellular terminals, User Removable Identification Module (phone cards) or the technology that will replace it in the future. ARTICLE 13. It will be repressed with imprisonment from UN (1) to SEIS (6) years which:

(a) It commits any of the offences provided for in the previous article for profit.

(b) It commits any of the offences provided for in the preceding articles as a means of committing another offence.

ARTICLE 14. Where the offences provided for in the preceding articles are committed by dependants of licensed Mobile Communications Services (SCM), or by those who, attentive to the performance of their functions, have access to the technical facilities of those, the minimum and maximum penalties provided for in each case will be increased by one third. ARTICLE 15. For the purposes of the present, the Federal Fuero shall be competent. ARTICLE 16. The national executive branch shall regulate the present within the SESENTA (60) days, since its publication in the Official Gazette of the Nation. ARTICLE 17. Contact the Executive.



EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan H. Estrada.