TELECOMMUNICATIONS

Decree 407/97

Part I of the General Regulation on Satellite Management and Services, referring to the provision of satellite facilities by geostationary satellites in the Fixed and Satellite Broadcasting Service. Amend Decree No. 92/97 in article 18.

Bs. As., 8/5/97

B.O.: 13/05/97

VISTO Issue No. 0001/97 of the Register of the SECRETARIAT OF COMMUNICATIONS OF THE NATIONAL REPRESIDENCE, Decree No. 92/97 and Resolutions No. 14/97 of 6 January 1997 and No. 242/97 of 21 February 1997 of the registration of the aforementioned SECRETARIA. and

CONSIDERING:

That the National Executive has in its sphere of competence the power to dictate norms that provide clear global satellite policy, encouraging investment in research and development of space and communications technology.

That Part I of the General Regulation on Satellite Management and Services, approved by Resolution S.C. No. 14/97, systematizes procedures for authorization of satellite capacity, nomenclature and regulatory definitions, all of which results in a greater understanding of the legal framework and is an indispensable reference for foreign suppliers wishing to provide their capacity within the national territory.

That the S.C. Resolution. No. 14/97 has been incorporated into Decree No. 92/97 as Annex XIII by Article 18.

As it arises from the considerations of Decree No. 92/97, it is appropriate for the National Executive Branch to ratify the aforementioned administrative act because of the special importance it has for the country to have an Argentine satellite system capable of developing advanced technologies and providing its facilities throughout America, in addition to the indispensable system of the current regime, since a proper satellite policy is clearly the factual foundation of a globalized world and one of technological support.

Since the dictation of the above-mentioned Regulations, different notes and presentations of users of satellite facilities have been received, requesting clarifications and clarifications related to the correct exegesis of this rule, and in turn suggesting alternative networks leading to greater interpretative clarity of the general framework established by the said Regulations.

That for that reason the S.C. Resolution was issued. No. 242/97 of 21 February 1997. amending Resolution S.C. No. 14/97 of 6 January 1997 to incorporate, improve and reconcile the interests raised in the comments referred to.

Attentive to the incorporation of Decree No. 92/97, it is necessary to proceed in the same way with the amendments introduced.

To attentive the grounds expressed in the previous legal opinion and taking into account the considerations of the above-mentioned rules, it is appropriate to reject the improper claim filed by COMSAT ARGENTINA S.A.

That the present is given in the use of the powers conferred by Article 99(1) of the National Constitution, by Law No. 19.798, and by Article 24(a) of Law No. 19.549.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1-Reject the improper claim filed against Part I of the General Regulation on Satellite Management and Services, referring to the provision of satellite facilities by geostationary satellites in the Fixed Service and Satellite Broadcasting, by COMSAT ARGENTINA S.A.

Art. 2o.-Incorporate Article 18 of Decree No. 92/97, in its Annex XIII, Resolution S.C. No. 242/97, as amended by its similar No. 14/97, which approved Part I of the General Regulation on Satellite Management and Services, referring to the provision of satellite facilities by the geostationary satellites in the Fixed and Satellite Broadcasting Service, which is part of the present as annex I.

Art. 3°-Instruct the SECRETARIAT OF PRESIDENCE COMMUNICATIONS OF THE NATION to dictate an orderly text of the "General Regulation of Management and Satellite Services".

Art. 4o.-Contact, post, give to the National Directorate of the Official Register and archívase.-MENEM.-Jorge A. Rodríguez.- Carlos V. Corach.

NOTE: The Resolution of the Registry of the Secretariat of Communications of the Presidency of the Nation No. 242/97, which integrates this Decree as Annex I, was published in the edition of 26 February 1997.