RADIODIFUSION

Decree 890/89

Authorize the provision of open television broadcasting services to provinces with promotional or border areas.

Bs. As; 2/10/89

VISTO State Reform Act No. 23,696, Broadcasting Act No. 22,285, and

CONSIDERING:

That the Argentine provinces located in border areas lack a media structure that meets the information, training, recreational and cultural needs that their populations demand, particularly exposed to the penetration of foreign emissions.

That the message of Law No. 22.285 states that "the private interest of exploitation must be reconciled with the public interest of the service, given that the State ensures the provision of the service where it is not profitable or where it requires reasons of national sovereignty."

That article 10 of Act No. 22,285 urges the National State to promote broadcasting services in order to ensure the coverage of the territory "in promotional zones and in border areas, especially in border areas".

That the apparent magnitude and impossibility of achieving the marked goal of comprehensive coverage is compensated by the latitude granted by the same article for the State to promote services, without limitation to the type of broadcasters promoted or their ownership, thus differentiating the regime to apply to the areas of promotion and border that refer to the other areas, in which the communicative and sovereignty emergencies that have our border populations are not verified.

That the provinces, pursuant to article 8 of Act No. 22,285, may provide broadcasting services in the especially foreseen cases, including, taxatively, the provisions of article 10 of the same Act.

That the coverage sought is expressed in terms of geographical and non-primary coverage areas, thus encouraging the presence of broadcasters reaching the border area as a whole or fostering area, regardless of larger-developed pockets or population where other limited means are located.

That the provinces, in an appropriate conception of legal federalism and operational decentralization, can face the communication effort that involves the coverage of areas of promotion and border with a means that promotes cultural unification and the consequent national identity.

That, on the other hand, the performance of such activities contributes resolutely to the achievement of the promotional purposes that inspire Law No. 18.575, by providing the necessary means to enable development in spaces adjacent to the international boundary of the Republic.

In addition, the NATIONAL EXECUTIVE PODER is empowered not only to specify the ways in which it promotes the broadcasting services according to Law No. 22,285, but, in the event that in some province the coverage of the communication needs had been carried out previously, outside the proper legal framework, this decree implements the legislative will expressed in Article 65 of Law No. 23,696, which empowers the NEXT to the PODER.

That, pursuant to articles 3 and 10 of Act No. 22,285, it is the responsibility of the NATIONAL EXECUTIVE PODER to authorize the provision of broadcasting services by the provinces.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1.- Authorize the provinces to provide open television broadcasting services with a view to ensuring maximum coverage of their respective territories, as such provinces have promotional or border areas and that comprehensive coverage of such areas is not provided by private activity, with broadcasters of the same category.

Art. 2°- Those provinces which, in accordance with the requirements set out in the preceding article, have, at the date of the sanction of the present decree, the technical means and the frequency suitable for meeting their coverage objective, shall communicate to the FEDERAL COMMITTEE OF RADIODIFUSION and the SECRETARIAT OF COMMUNICATIONS OF MINISTERIO DE ARTWS AND SERVICES PUBLICS, the power, frequency, location and signal used, as well as the characteristics of the provincial repeaters installed.

Art. 3. Those provinces that meet the requirements set out in Article 1 require the allocation of a frequency, power, location and signal that allows them the full coverage of their territory shall request the FEDERAL COMMITTEE OF RADIODIFUSION and the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWORKS AND SERVICES PUBLIC the corresponding assignments, which shall be communicated to them within the TREINTA (30) working days following the request for assignment.

Art. 4°- The stations authorized under this decree shall be governed by the provisions of Title V of Act No. 22,285 for exploitation.

Art. 5°- Contact, post, give to the National Directorate of the Official Register and archvese. MENEM - Eduardo Bauzá.