Key Benefits:
I look at the Nros Laws. 19,928 and 22,049; Nros Decrees. 62 of 5 January 1990, 1620 of 23 December 1996, 554 of 18 June 1997 and 1279 of 25 November 1997; and the Record of the SECRETARIAT OF COMMUNICATIONS of the NATIONAL REPRESIDENCE; and
CONSIDERING:
That Act No. 19,928 adopted the "Agreement" with the International Organization for Telecommunications by SATELITES (INTELSAT).
That Act No. 22,049 adopted the "Constitutional Convention" and the "Exploration Agreement" of the International Organization for Migration by SATELITE (INMARSAT).
That INTELSAT and INMARSAT are international organizations, each of the countries that sign the above-mentioned agreements and conventions, exercising a public or private representation before them as a Signatory, having the economic, operational and functional responsibility, as well as making the contributions of capital and investment that the Signatories must make in order to participate in the various governing bodies.
That the National State made such contributions through the former NATIONAL COMPANY OF TELECOMUNICATIONS (ENTel) while it maintained its role as Signatory.
That under the provisions of Point 7.8.2 of the Bases and Conditions Approved by Decree No. 62/90 and Amendments and Point 7.1.3. of the Transfer Contract approved by Decree No. 2332 of 8 November 1990, the contributions made by the former NATIONAL COMPANY OF TELECOMMUNICATIONS (ENTel) were not transferred to the International Service Provider (S.P.S.I.).
That also Point 9.7. of the aforementioned Bases and Conditions Panel states that "From the date of the inauguration, the SPSI will pay to the Communications Secretariat, or directly on behalf of the Communications Secretariat, if appropriate, the new capital contributions or any concept to be made in INTELSAT and INMARSAT"
That at the opportunity to issue on the ownership of the contributions made prior to the Possession Take by the former NATIONAL COMPANY OF TELECOMUNICATIONS (ENTel), the SECRETARIAT OF COMMUNICATIONS of the NATION PRESIDENCE dictated that the same, in accordance with the current regulatory framework, were the property of the National State and that the registration in the accounting states should be carried out by
That following the request for the depopulation of the Signatory's contribution account carried out by the company TELECOMUNICATIONS INTERNATIONAL OF ARGENTINA SOCIEDAD ANONIMA (TELINTAR), the PROCURATION OF THE TESORO OF THE NATION through the Dictamen N° 020 of 23 February 1998 was pronounced in the sense that "... it is not appropriate to recognize TELINTAR S.
That under the terms of Decree No. 1620/96, the SECRETARY of COMMUNICATIONS of the NATIONAL PRESIDENCE is the person who exercises the representation of the National State to international telecommunications agencies and entities, together with the powers of Signature and Party to INTELSAT and INMARSAT.
That following the analysis carried out by the technical and counter-reference bodies of the National Government, it is clear that the ownership of all funds credited to the accounts of the above-mentioned international organizations is the responsibility of the National State, exercising the SECRETARIAT OF COMMUNICATIONS of the PRESIDENCE OF THE NATION the character of Signatory to the agency, representation previously exercised by the former NATIONAL COMMISSION ON TELECOMMUNICATIONS.
That, also, the amounts originally deposited in investment capital generate revenues that are deposited in the account on behalf of the Argentine State, corresponding, therefore, to the ownership of them.
That for the purposes of this decree, only the credited and available balances will be used in the account on behalf of the Argentine Signatory both in INTELSAT and INMARSAT.
That the above funds are recorded in the capital account in the Balance of the NATIONAL COMMUNICATIONS COMMISSION.
It is timely for the international UNION OF TELECOMUNICATIONS to assume the role of fund manager for the financing of a special programme that aims at the development of telematic communications in our country, through the dissemination and promotion of INTERNET through community enterprises with interactive and multimedia applications.
It is also beneficial for this project that the INTERNATIONAL TELECOMMUNICATIONS UNION and the SECRETARIAT OF PRESIDENCE COMMUNICATIONS OF THE NATION, together, are the institutions responsible for the design and implementation of the program created by the present decree.
That the SECRETARIAT OF COMMUNICATIONS of the NATIONAL PRESIDENCE is the appropriate body to institutionally coordinate collaboration between the National Government and the International Organization, as well as actions arising from the implementation of projects designed through this collaboration.
That this is the case as the aforementioned Secretara represents the Argentine Republic to the INTERNATIONAL UNION OF TELECOMUNICATIONS (ITU), and because it has a wide and recognized experience of institutional collaboration with this International Organization, through technical assistance programmes in the full phase of successful implementation.
That, for such reasons, it is appropriate to delegate to the SECRETARIAT OF COMMUNICATIONS of the NATIONAL PRESIDENCE the negotiation and granting of an agreement with the said International Organization for the design, implementation and administration of specific projects for the implementation of the programme that is constituted here.
That the TECHNOLOGICAL CENTERS (CTC) constitute a concrete project and whose pilot initiative is in full implementation phase by the SECRETARIAT OF COMMUNICATIONS of the NATION PRESIDENCE, and which represent a true and realistic model to materialize much of the objectives outlined in this decree, thereby contributing to the diffusion of INTERNET and of the interactive and multi-measury technologies.
That the TECHNOLOGICAL CENTERS should be promoted by the National State under criteria of autonomous financing that facilitate the development of the objectives of this decree and allow the maximum degree of participation of the institutions and persons concerned.
That the planned program is consistent with the provisions of Decree No. 554/97, by which it is declared as of "National Interest the access of the inhabitants of the Argentine Republic to the world net INTERNET, in equitable social and geographical conditions, with reasonable rates and with quality parameters according to the modern applications of the multimedia", and that such a declaration has been logical consequence of the objectives set forth in the considerations of the new instrument, to ensure the most efficient
That in the same line the Decree No. 1279/97 has been inscribed, stating that "... the INTERNET service is considered to be included within the constitutional guarantee that protects freedom of expression, corresponding in this regard to the same considerations as the other social media".
That the Argentine Republic is one of the members candidates for the "Centers of Excellence of Telecommunications" that the INTERNATIONAL UNION OF TELECOMUNICATIONS (ITU) promotes worldwide in order to generate "seed funds" for the development of human and technological resources necessary for the expansion of telecommunications in the future.
Moreover, under article 44 of Act No. 11.672 (t. 1997) it is the authority of the NATIONAL EXECUTIVE POWER to allocate financial surpluses to General Rents, with a specific allocation for the programme of assistance to residents living in flooded areas of the coast.
That the Directorate of Legal Affairs of the Secretariat of origin has taken the necessary intervention.
That this measure is made in the use of the powers conferred by article 99, paragraph 1 of the NATIONAL CONSTITUTION, and by articles 14 and 57 of Act No. 24,938 and 44 of Act No. 11.672 (t. 1998).
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1- Trust the Program for the Development of Telematic Communications "argentin@internet.todos" in the area of the ARGENTINA REPUBLIC. Art. 2°- The programme created by the preceding article shall have the following objectives:(a) Promote the development of telecommunications infrastructure throughout the country, seeking universal access to it in conditions of geographical and social equity.
(b) Encourage the development of national and regional networks on the basis of the telecommunications infrastructure that is being implemented.
(c) Promote universal access to INTERNET and information technology.
(d) To promote at the national level the constitution of CENTROS TECHNOLOGICOS COMUNITARIOS (CTC) as a means of achieving the objectives of this decree.
Art. 3°- Trust a Coordination Unit within the scope of the SECRETARIAT FOR COMMUNICATIONS OF THE NATION responsible for planning, directing and evaluating the implementation of the program created by this decree, empowering the aforementioned unit to designate the coordinator of the aforementioned project. The NATIONAL COMMUNICATIONS COMMISSION will assist as the Financial Administrative Support Service in the implementation of the same. Art. 4°- Faccinate the SECRETARIAT OF COMMUNICATIONS OF PRESIDENCE OF THE NATION to conclude a cooperation agreement with the INTERNATIONAL TELECOMMUNICATIONS UNION (ITU), for the study, design, implementation and administration of specific projects related to the "argentin@internet.todos" Program. Art. 5°- Authorize the NATIONAL COMMUNICATIONS COMMISSION to transfer funds to the INTERNATIONAL TELECOMMUNICATIONS UNION for the financing of the programme created by this Decree. Art. 6°- Note a contribution to the National Treasury of PESOS DOCE MILLONES ($ 12,000.000), in accordance with article 44 of Law 11.672 (T. 1997), which will be entered to the same within the time period determined by the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND PUBLIC SERVICES. Art. 7°- As a result of the preceding articles, the NATIONAL ADMINISTRATION BUDGET for the year 1998 is modified in accordance with the detail in the annexed tables, which are part of this article. Art. 8°- Contact, post, give to the National Directorate of the Official Register and archívase - MENEM. -Jorge A. Rodriguez. - Roque B. Fernández.----
NOTE: This Decree is published without annexed tables. Unpublished documentation can be consulted at the Central Headquarters of the Official Gazette (Suipacha 767, Capital Federal).