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Information And Communications Technologies.

Original Language Title: Tecnologías de la Información y las Comunicaciones.

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Law 27,078

Information and Communications Technologies. Sanctioned: December 16, 2014 Enacted: December 18, 2014

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:


Title 1

General Provisions

Chapter I


ARTICLE 1-Object. Declare of public interest the development of the Information and Communications Technologies, Telecommunications, and its associated resources, 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 the services of information and communications in a level social and geographical conditions, with the highest quality parameters. This rule is of public order and excludes any type of regulation of the contents, whatever their means of transmission.

ARTICLE 2 °-Purpose. The provisions of this law are intended to guarantee the human right to communications and telecommunications, to recognize the Information and Communications 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 possess, as well as the competition and the generation of employment through the establishment of clear and transparent guidelines to promote the sustainable development of the sector, accessibility and affordability of information and communications technologies for the people. It is also intended to make clear the distinction between the markets for the generation of content and transport and distribution in such a way that the influence on one of these markets does not generate

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which involve distortions in the other. The implementation of this law will ensure the development of regional economies, seeking to strengthen existing local actors, such as cooperatives, non-profit entities and SMEs, which is intended for the generation of New actors who individually or collectively ensure 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 under its jurisdiction.

ARTICLE 4 °-Federal jurisdiction and administrative litigation. The activities regulated by the present will be subject to the federal jurisdiction and any incidence that directly or indirectly may arise or derive from the application of the present will be the jurisdiction of the Administrative Contentious Federal, with the exception of consumer relations.

ARTICLE 5-Inviolability of communications. Correspondence, understood as any communication carried out by means of Information and Communications Technologies (ICT), including traditional postal mail, e-mail or any other mechanism that It is inviolable to the user to presume the privacy of the same and the traffic data associated with them, carried out through the telecommunications networks and services. Their interception, as well as their subsequent registration and analysis, shall only be made at the request of a competent judge.

Chapter II


ARTICLE 6-General definitions. With regard to the information and communications technologies and telecommunications arrangements, the following definitions shall apply: (a) Application Authority: it is 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 Service and Communications (ICT) that enable or support the provision of services through, or have potential for, such a network or service. They shall include, inter alia, buildings or entrances of buildings, the wiring of buildings, antennas, towers and other supporting constructions, conduits, masts, access mouths and distributors. c) Basic Telephone Service (SBT): consists of the provision of the national and international voice telephony service, through the local networks, regardless of the technology used for its transmission, provided that it complies with the objective to allow its users to communicate with each other. d) Information and Communications Technology Services (ICT Services): are those that aim to transport and distribute signals or data, such as voice, text, video and images, provided or requested by third parties, through telecommunications networks. Each service will be subject to its specific regulatory framework. (e) Telecommunications Service: is the service of transmission, emission or reception of written, signs, signals, images, sounds or information of any nature, by wire, radio, optical or other electromagnetic systems, to through telecommunications networks. f) Essential and strategic public service of Information and Communications Technologies in

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competence: is the service of use and access to telecommunications networks for and between ICT service providers. 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, software, applications, networks and means to enable the compilation, processing, storage and transmission of information, such as voice, data, text, video and images, among others. (h) Telecommunications means any transmission, emission or reception of signs, signals, writings, images, sounds or information of any kind, by wire, radio, optical or other electromagnetic systems.

ARTICLE 7-Special definitions. The following definitions shall apply in the relationship between licensees or ICT service providers: (a) Access: the provision of part of a provider to another network element, associated resources or services for the purpose of the provision of ICT services, even when used for the provision of audiovisual content services. b) Open architecture: it is the set of technical characteristics of the telecommunications networks that allows them to interconnect with each other at the 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 provided by a single licensee or provider or a small number of them whose reproduction is not technically, legally or economically feasible and are inputs essential for the provision of the services provided for in this law. In cases not provided for herein, the Application Authority shall determine the existence and regulation of access to the essential facilities in accordance with the provisions of Law 25.156 or the one that replaces it in the future. (d) Interconnection: 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 licensee. The services may be provided by interested parties or by third parties who have access to the network. Interconnection is a particular type of access between ICT service providers. (e) Telecommunications network: means transmission systems and, where appropriate, switching or routing equipment and other resources, including non-active elements, which enable the transport of signals by means of cables, waves Hertzianas, optical or other electromagnetic means, including satellite networks, fixed terrestrial networks (circuit and packet switching or other) and mobile, electrical laying systems, to the extent that they are used for the transmission of signals, networks used for radio and television broadcasting and networks of cable television, irrespective of the type of information transported. f) Local network: is the telecommunications network infrastructure, including the software and hardware required to perform connectivity from the terminal connection point of the network located at the user's home address to the telephone station or equivalent installation, circumscribed to a particular geographical 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 the networks or services available to the public. (h) Significant market power: is the position of economic strength which enables one or more providers to make their behaviour, to an appreciable extent, independent of their competitors. This economic strength may be based on the share of the share of the reference markets, on the property of essential facilities, on the ability to influence price formation.

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or in the viability of its competitors, including any situation permitting or facilitating the exercise of anticompetitive practices by one or more providers from, for example, their degree of vertical or horizontal integration. The specific obligations imposed on the supplier with significant market power shall be extinguished in their effects by resolution of the Enforcement Authority once conditions of effective competition exist in the relevant market or markets. The Application Authority is empowered to declare at any time providers with significant market power in the services of application of this law in accordance with the procedure laid down by the regulation.

Title II


ARTICLE 8-Regime. The provision of ICT services will be carried out under competition. The provision of ICT services will require the prior acquisition of the enabling license. The licensee of the ICT Services shall proceed to the registration of each service under the conditions determined by the Application Authority.

ARTICLE 9 °-Principles. The licenses will be granted on request and in the regulated form, 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. Licensees of the services provided for in this law may provide audiovisual media services, with the exception of those provided via satellite link, and must process the corresponding license with the competent authority. In addition, licensees of audiovisual communication services may provide ICT services, and must process the corresponding license with the Application Authority of this law. The licensees of public services related to the scope of this law, the provisions contained in Articles 24 (i) and 25 (d) of Law 26,522, are exempt from the provisions of this law. Respectively.

ARTICLE 10. -Contents and transport. Where a applicant or a provider, in accordance with the provisions of this law, intends or fulfils the ownership of a service licence provided for in this law and the ownership of a licence for audiovisual media services, it shall: (a) Conform separate business units for the purposes of the provision of audiovisual communication services and ICT services. (b) to keep separate accounts and to invoice separately the services for the audiovisual media services and the ICT services. c) Do not incur anti-competitive practices such as tied sales and cross-subsidies with funds from different business units. (d) to facilitate access to its own supporting infrastructure, in particular poles, masts and pipelines, to competitors in the licensed services, under market conditions, to competitors in the licensed services. In cases where there is no agreement between the parties, the authority of the National Commission for the Defence of Competition must be asked to intervene. (e) To respect the business and professional qualifications of the employees in the various activities that are provided.

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ARTICLE 11. -Conditions of benefit. The grant 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 of the existence and allocation of the means required for the provision of the service.

ARTICLE 12. -Requirements. The Application Authority shall grant the licence after the applicant has complied with the requirements laid down by the regulation. If the use of radio spectrum frequencies is required for the provision of the ICT service, the licensee shall, in accordance with the provisions of the specific legislation in the field, carry out the granting of the relevant authorisation or permission to use radio spectrum frequencies.

ARTICLE 13. -Transfer or transfer. The transfer, transfer, lease, constitution of any charge on the licence and any modification of the shareholding or social contributions, in the terms of the regulations in force, must be obtained prior to authorization of the Authority of Application, under penalty of nullity.

ARTICLE 14. -Expiration or termination of the license. The Application 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 in this matter, including the procedure established by the that. (a) The failure to provide the services or services registered in accordance with the rules in force. (b) the failure to initiate the provision of the registered service or services within the time limit laid down by the rules in force and in accordance with the rules governing the application. (c) The repeated failure to pay fees, duties, fees and the contribution to the Universal Service, in accordance with the regulations that the Application Authority will dictate. (d) the materialization of acts without the authorization of Article 13 of this Regulation. (e) the bankruptcy, dissolution or liquidation of the licensee.

Title III

ICT services and the establishment and operation of telecommunications networks

Chapter I

General principles

ARTICLE 15. -Character of public service in competition. The essential and strategic public service character of Information and Communications Technologies (ICT) in competition for the use and access to telecommunications networks, for and between licensees of ICT Services is recognized.

ARTICLE 16. -Approval and certification. Principle. In order to ensure the integrity and quality of the telecommunications and radio spectrum networks, as well as security

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of persons, users and licensees, telecommunications equipment which is placed on the market shall be subject to approval and certification. The implementing authority shall deliver the relevant regulation.

Chapter II

Coordination mechanisms

ARTICLE 17. -Coordination mechanisms for the deployment of telecommunications networks. The national, provincial, and municipal authorities of the Autonomous City of Buenos Aires and municipalities will coordinate the actions necessary to achieve the deployment of the telecommunications networks used in the ICT services. The Application Authority will invite the provinces, the Autonomous City of Buenos Aires and the municipalities to sign the respective cooperation agreements.

Title IV

Development of ICT

Chapter I

Universal Service

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 in conditions of quality, affordability and fair and reasonable prices, independently of its geographical location.

ARTICLE 19. -Purpose. The Universal Service is a dynamic concept whose purpose is to enable the access of all the inhabitants of our country, regardless of their domicile, income or capacities, to the ICT services provided under conditions of quality and to a fair and reasonable price.

ARTICLE 20. -Scope and regime. It is up to the national executive branch, through the Enforcement Authority, to define the public policy to be implemented to achieve the objective of the Universal Service. Without prejudice to this, the Universal Service shall be governed by the principles, procedures and provisions of this Law and, in particular, by the resolutions to which the Application Authority is required.

Chapter II

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 this fund. The equity of the Universal Service Trust Fund will be from the national state. The Application Authority will dictate the Fund's management regulations and the rules for its control and audit in respect of the administrative costs, ensuring that both the same and the execution

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the Fund is in charge of the national State.

ARTICLE 22. -Investment contributions. ICT Service licensees will have an obligation to make investment contributions to the Universal Service Trust Fund equivalent to one percent (1%) of the total revenue accrued from the provision of ICT Services. included in the field of application of this law, net of taxes and fees that are taxed or, in the case of granting exemptions, to comply with the obligations in them established. The investment contribution may not be transferred to the users under any circumstances. The Universal Service Trust Fund may also be integrated with donations or legacies.

ARTICLE 23. -Exemption from input. Once the objectives of the Universal Service have been achieved, the Application Authority may have the total or partial, permanent or temporary exemption from the obligation to make the investment contributions provided for in the previous article.

ARTICLE 24. -Universal Service Categories. The Application Authority shall design the various programmes for the fulfilment of the obligations and the access to the rights provided for in the Universal Service, and may establish categories for this purpose.

ARTICLE 25. -Application of funds. Funds from the Universal Service will be implemented through specific programmes. The Application Authority shall define its content and the corresponding award mechanisms. The implementing authority may entrust the implementation of these plans directly to the entities referred to in Article 8 (b) of Law 24.156, or, in compliance with the appropriate selection mechanisms, respecting the principles of advertising and concurrency, to other entities. The Universal Service programmes should be understood as obligations subject to periodic review, so the services included and the programmes to be drawn up will be reviewed at least every two (2) years, depending on the needs and social requirements, existing demand, technological developments and the aims set by the national state in accordance with the design of the Information and Communications Technologies (ICT) policy.

Title V

Key resources of ICT

Chapter I

Radio spectrum

ARTICLE 26. -Characteristics. Radio spectrum is an intangible, finite and public domain resource, whose administration, management and control is an indomitable responsibility of the national state.

ARTICLE 27. -Administration, management and control. It is for the Enforcement Authority to designate the administration, management and control of radio spectrum, in accordance with the provisions of this law, the rules governing the use of radio spectrum, international standards and those dictated by the world and regional conferences in the field to which the Republic

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Argentina adhiera.

ARTICLE 28. -Authorizations and permits. Authorisations and permits for the use of radio spectrum frequencies shall be granted in a precarious manner and the Authority may replace, amend or cancel them, in whole or in part, without giving rise to the use of radio spectrum. the right to compensation in favour of the authorised or administered. Authorisations and permits for the use of radio spectrum frequency allocated by tender or public tender, on an onerous basis, shall be governed by the terms fixed at the time of the invitation to tender or tender, in accordance with the framework of the hiring regime of the national administration, with the exception of duly substantiated reasons of public interest. For all the cases referred to above, the Application Authority shall set the maximum time limit for granting each authorisation or permit.

ARTICLE 29. -Transfer and leasing. Authorisations and permits for the use of radio spectrum frequency and authorisations and ratings granted for the installation and operation of a radio station, media or radio systems shall not be transferred, leased or fully transferred or to change their destination, without the prior approval of the Application Authority, in accordance with the rules in force.

ARTICLE 30. -Migration of bands. The Application Authority may require authorisation holders and frequency use permits to migrate their systems as a result of changes in the allocation of frequency bands. The migration shall be met within the time limits set by the Application Authority. The authorised or permitted persons are not entitled to any compensation.

ARTICLE 31. -Direct allocation. The Application Authority may directly assign frequencies to national agencies, state entities and entities with majority participation of the national State.

ARTICLE 32. -Authorisation. Licensees of ICT services shall have prior authorisation for the installation, modification and operation of stations, media or radio communication systems.

Chapter II

Satellite use

ARTICLE 33. -Administration, management and control. It is up to the national State, through the Application Authority, to administer, manage and control the orbit-spectrum resources corresponding to satellite networks, in accordance with international treaties signed and ratified. by the Argentine State. Such an appeal may be exploited by public or private entities provided that it is authorized for the purpose and in accordance with the relevant provisions.

ARTICLE 34. -Authorisation. The provision of satellite facilities will require the corresponding authorization for the operation in Argentina, in accordance with the regulations that the Application Authority will dictate to this effect. On the contrary, the provision of any satellite ICT service will be

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subject to the general scheme for the provision of ICT services provided for in this Law.

ARTICLE 35. -Priority of use. For the provision of satellite facilities, priority will be given to the use of Argentine satellites, which are understood by those who use an orbit-spectrum resource in the name of the Argentine Nation, to the use of satellites built in the Argentina or the operators of satellites owned by the State or in which the latter had a majority shareholding. The priority given above will take effect only if the proposed technical and economic conditions are in line with a competition market, which will be determined by the implementing authority.

Chapter III

Key plans

ARTICLE 36. -Dictation of the plans. The Application Authority must approve, manage and control the national numbering, signalling, numerical portability and other key plans, and has the power to make or modify them.

ARTICLE 37. -Attributes. The attributes of the fundamental plans are instrumental 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 any right to compensation.

Chapter IV

Access and interconnection

ARTICLE 38. -Scope. This chapter and its rules will apply to the assumptions of use and access and interconnection between licensees of ICT services.

ARTICLE 39. -Obligation of access and interconnection. Licensees of ICT services shall have the right and, when requested by other ICT licensees, the obligation to provide access and mutual interconnection.

ARTICLE 40. -General arrangements. Licensees of ICT services are obliged to interconnect on non-discriminatory, transparent and objective criteria based on the provisions laid down by the implementing authority, which will encourage the use of ICT services. (a) competition and will be geared to the progressive reduction of asymmetries between licensees. The terms and conditions for access or interconnection that a licensee of ICT Services offers to another on the occasion of an agreement or a resolution of the Application Authority, shall be guaranteed to any other who requests it. Licensees outside the contractual relationship may make representations to the agreement as provided for in the regulations.

ARTICLE 41. -Specific conditions. The Application Authority may determine conditions

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(a) special access and interconnection with networks owned by the national state or companies with majority state participation.

ARTICLE 42. -Registration and publication. Agreements between licensees of ICT Services must be registered with the Application Authority and published in accordance with the current regulations.

ARTICLE 43. -Reference offers. The reference offers shall be subject to authorisation and publication by the Application Authority in accordance with the provisions laid down by the Authority. In the cases referred to in Article 10 of this Law, the reference offer shall ensure that the treatment given to its business units does not distort competition in the relevant market.

ARTICLE 44. -Open architecture design. ICT Service licensees should adopt open network architecture designs to ensure the interconnection and interoperability of their networks.

ARTICLE 45. -Local network disaggregation. Disaggregation of the local network of ICT service licensees is available. The Application Authority shall establish to that end the differentiated conditions based on technical, economic, opportunity, merit and convenience issues, taking into account the preservation of the public interest and promoting competition.

ARTICLE 46. -Specific obligations. Those licensees of ICT Services with significant market power will have to comply with the specific obligations that are provided by the Application Authority, which will ensure through asymmetric regulatory measures. development of regional markets, participation of local licensees and continuity in the provision of ICT services.

ARTICLE 47. -Competence. They are the powers of the Authority on Access and Interconnection: (a) Dispose the legal, technical and economic conditions to which the agreements must be closed. (b) to keep records of the agreements concluded and to carry out the analysis prior to the authorization of a reference offer. (c) to intervene, either on its own initiative or at the request of any interested party, in order to make the amendments to the agreement which it considers to be appropriate. (d) Establish specific obligations and conditions for those licensees, with significant market power and any other that they deem to be justified; these obligations shall remain in force for the time being 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 which may limit access or use of services or applications, as well as prices and tariffs. ii. The elaboration, presentation and publication of a reference offer under the conditions laid down in regulation. iii. The separation of accounts, in the format and with the methodology that, if applicable, are specified. iv. Functional separation. v. Provide access to specific elements or resources of the networks and their use, as well as associated resources and services.

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vi. Price and rate control, such as their fixing, their orientation according to the costs or the determination of another type of compensation mechanism. vii. Duty of notification for prior approval, in view of the need to make changes to the network which affect the operation of the equipment of the users or networks with which it is interconnected. viii. Other specific obligations relating to access or interconnection which are not limited to the subjects listed above and which are duly justified.

Title VI

Prices, tariffs and charges

ARTICLE 48. -Rule. Licensees of ICT Services shall set their prices, which shall be fair and reasonable, cover the costs of the operation and tend to the efficient provision and a reasonable margin of operation. The rates of the essential and strategic public services of Information and Communications Technologies (ICT) in competition, those of those provided on the basis of the Universal Service and of those determined by the Application Authority reasons of public interest, may be regulated by the public interest.

ARTICLE 49. -Rate of control, audit and verification. Establish for the ICT Service licensees a rate of control, audit and verification, equivalent to zero coma fifty per cent (0.50%) of the total revenue accruing from the provision of the ICT services, net of taxes and taxes that tax them. The Application Authority shall establish the time, form and procedure relating to the charging of the fee set out in the first paragraph of this Article, with the aim of allowing the financing of the services which they operate.

ARTICLE 50. -Radio rights and tariffs. Licensees of ICT services in general and telecommunications in particular shall pay the radio rights and duties for each of the radio stations, systems and radio services operating throughout the territory of the Nation, whose unit of measure will be the so-called Radioelectric Taser Unit (UTR). The classification, value, update, periodicity of payment, penalties and exemptions shall be determined by the Application Authority.

ARTICLE 51. -Administrative tariffs. The Application Authority shall have the power to set administrative duties.

ARTICLE 52. -Specific fees and charges. The fees and charges for establishing telecommunications systems and stations which are not open to public correspondence shall be determined in accordance with the characteristics of those systems and stations, the importance of their facilities and the assessment of traffic. foreseeable, as provided for in the regulation.

ARTICLE 53. -Exemptions. Exemptions or reductions in the rates, fees and charges for Information and Communications Technologies (ICT) in general and telecommunications in particular, where the nature of certain activities are to be established, may be established in a precarious manner. justify.

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Title VII

General considerations on ICT services

ARTICLE 54. -Telephone Public Service. The Basic Telephone Service maintains its status as a public service.

ARTICLE 55. -Object and scope. The ICT Service understands the confluence of both fixed and mobile networks that, through various functionalities, provides users with the ability to receive and transmit voice, audio, fixed or moving images and data in general. For the purpose of protecting 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 specific regulations, is particularly important in the context of technological convergence. It is for this reason that the effective provision of the service must be considered independently of the technology or means used for its provision through the local networks, the main purpose being the establishment of a communication by voice transmission between parts.

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 restriction, discrimination, distinction, blocking, interference, Blocking or degradation.

ARTICLE 57. -Net neutrality. Bans. ICT Service Providers may not: (a) Block, interfere, discriminate, hinder, degrade or restrict the use, dispatch, receipt, offering or access to any content, application, service or protocol except for a court order or express user request. (b) To fix the price of Internet access by virtue of the contents, services, protocols or applications 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 damage the network.

ARTICLE 58. -Minimum Transmission Speed (VMT). The Application Authority shall define, within a period of not more than one hundred and eighty (180) days from the entry into force of this law, the Minimum Transmission Speed (VMT) which shall enable the telecommunications networks to be used for the purposes of to ensure the effective functionality of ICT Services. Licensees of ICT Services shall provide their end users, non-licensees of these services, with the set speed. The VMT shall be reviewed at a maximum frequency of two (2) years.

Title VIII

Rights and obligations of users and licensees of ICT services

Chapter I

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Rights and obligations of users of ICT services

ARTICLE 59. -Rights. The user of the ICT services has the right to: a) Having access to the ICT service in conditions of equality, continuity, regularity and quality. b) Be treated by licensees with courtesy, correction and diligence. c) Have access to all information related to the offering or delivery of services. (d) the free choice of the licensee, the services and the equipment or apparatus necessary for his or her benefit, provided that they are duly approved. e) Present, without unnecessary prior requirements, petitions and complaints to the licensee and receive a respectful, timely, appropriate and truthful response. (f) the protection of the personal data which it has supplied to the licensee, which may not be used for purposes other than those authorised, in accordance with the provisions in force. g) That the price of the service received is fair and reasonable. (h) Other rights arising from the application of applicable laws, regulations and rules.

ARTICLE 60. -Obligations. The user of the ICT Services has the following obligations: (a) Abonar in due time the charges for the services received, in accordance with the contracted prices or the established rates. (b) to keep the home facilities in charge in an appropriate manner to the technical standards in force. (c) Do not alter terminal equipment when, as a result, they may cause damage or interference which degrades the quality of the service, by refraining from the misuse of the service. (d) Allow access to the staff of the licensees and the Application Authority, who shall be duly identified for the purpose of carrying out any necessary work or verification. (e) Respect the laws, regulations and general conditions of employment and other obligations arising from the application of the applicable laws, regulations and rules.

Chapter II

Rights and obligations of licensees

ARTICLE 61. -Rights. Licensees of ICT Services are entitled to: a) Use and protect their networks and facilities employed 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 deriving from this law and its rules.

ARTICLE 62. -Obligations. The licensors of ICT Services have the following obligations: a) To provide the service under the principles of equality, continuity and regularity, complying with the quality standards established in the current regulations. (b) Not to include in the contracts clauses that restrict or condition in any way to the users the freedom of choice of another licensee or that condition the termination of the same or the disconnection of any additional service contracted. (c) Ensuring that specific social groups, persons with disabilities, including users with serious vision or vision impairment, hypoacusses and speech imorders,

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older people 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 laid down in the specific rules. d) Contar with free mechanisms of care to users in accordance with the provisions of the Application Authority. e) Provide the user with information in a 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 by the the time of the offer, the conclusion of the contract, during its execution and after its completion. (f) Ensure that users are guaranteed the confidentiality of messages transmitted and the secrecy of communications. (g) to provide all the information requested by the competent authorities, in particular accounting or economic information at the intervals and in the forms to be established, as well as that which allows the conditions for the provision of the service and any other information which may be deemed necessary for the performance of the duties. (h) Dispose of the equipment necessary to enable the Application Authority to perform its functions; being obliged to allow the Application Authority's access to its facilities and to provide the information to it required by her. (i) To lay down the national defence and public security requirements formulated by the competent authorities. (j) Respect the rights which the users are entitled to in accordance with the applicable rules. (k) comply with the obligations laid down in the respective licences, the relevant regulatory framework and the decisions of the implementing authority. (l) Act under schemes of fair and effective competition in accordance with the rules in force. (m) Meet the other obligations arising out of this law and regulations in force.

Title IX

Sanctions regime

ARTICLE 63. -Regulations. The Enforcement Authority shall regulate the sanctioning system in accordance with the principles and provisions of this Title.

ARTICLE 64. -Procedure. The administrative procedure for the instruction of the summary and the application of penalties shall be dictated by the Application Authority. The National Administrative Procedure Law 19,549 will be applied.

ARTICLE 65. -Measures prior to the start of the sanctioning process. By dictation of the corresponding administrative act, without prior intervention and in accordance with the process determined by the Application Authority, the cessation of the alleged infringing activity may be available where there are grounds for overriding (a) The operation of the National Security, Civil Defense and Emergency Services is affected. b) Exposure to the danger of human life. (c) Interference to other ICT networks or services and to the frequencies used by the Aeronautical Radionavigation Service and the Aeronautical Mobile Service.

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Having concurrent powers with another competent authority, the precautionary measure shall be transferred to the competent authority.

ARTICLE 66. -Precautionary measures in the sanctioning process. By dictation of the corresponding administrative act emanating from the scope of the implementing authority, precautionary measures may be adopted consisting of: (a) the immediate cessation of unauthorised radio broadcasts. (b) The immediate cessation of any other allegedly infringing activity which may cause irreparable damage to the end users of the service. (c) The sealing of equipment or installations affected by the provision of ICT services. The precautionary measures to be taken shall cease in their effects as such when the measure terminating the sanctioning procedure is issued.

ARTICLE 67. -Types of sanctions. Failure to comply with the obligations laid down in this law, its regulations, licences, authorisations or permits for use shall result in the application of the following penalties: (a) Receipt. b) Multa. (c) Suspension of marketing. (d) Closing. (e) Disablement. (f) Comiso of equipment and materials used for the provision of services. (g) Disregard. (h) Expiry of the licence, registration or revocation of the authorisation or of the permit.

ARTICLE 68. -Accessories of disablement. The license expiration penalty will disable the sanctioned holder and the members of its management bodies by the end of five (5) years to be license holders, partners or licensors.

ARTICLE 69. -Formal character. The infringements shall be of a formal nature and shall be configured independently of the intent or fault of the holders of the licences, registers or permits and of the persons for whom they are required to respond.

ARTICLE 70. -Graduation of sanctions. The penalty imposed on the verification of an infringement shall be graduated taking into account the seriousness of the infringement, the economic capacity of the offender and the degree of affectation to the public interest. For the purposes of determining penalties, they shall be regarded as aggravating situations to be taken into account: (a) the continued nature of the act of sanction. b) The affectation of the service. c) Obtaining economic benefits by the infringer. d) The underground. (e) the lack of approval or certification of the equipment or equipment used.

ARTICLE 71. -Attenuating. The existence of the infringement shall be considered as mitigating situations: (a) The existence of the infringement has been recognised in the course of the proceedings.

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(b) on its own initiative, the situation of infringement has been remedied and the damage which it may have caused to it is fully remedied.

ARTICLE 72. -Confiscation. In those cases where the provision of ICT services is detected in violation of the licenses, permits, authorizations, approvals or ratings provided in this law or that by any means invade or obstruct the way General communication, the assets, facilities and equipment used in the commission of such infringements shall be lost for the benefit of the national State.

ARTICLE 73. -Obligation to reintegrate. The application of penalties shall be independent of the obligation to reintegrate or compensate for the fees, prices or charges unduly received from users, with update and interest, or to compensate for the damage caused to users, to the State, or third parties for the infringement.

ARTICLE 74. -Iteration. The final administrative seat shall be valid for the purposes of the reiteration of the infringement. It shall be deemed to be repeated where the penalty has been applied to the same obligation within the last twenty-four (24) months.

ARTICLE 75. -Advertisement. The Application Authority shall determine the cases in which the penalties applied shall be published by the offender.

ARTICLE 76. -Resources. The act by which the sanction is applied shall exhaust the administrative route for the purposes of Article 23 of the National Law on Administrative Procedures 19.549, without prejudice to the origin of the use of the asset for which it is eligible. the appellant. The administrative route shall be exhausted and the judicial seat shall be brought in accordance with Article 4 of this Article. His or her interposition shall not have suspensory effect, except in the case of the sanction for revocation of the licence.

Title X


Chapter I

Federal Authority for Information and Communications Technologies

ARTICLE 77. -Application Authority. Create as a decentralized and autarquic agency in the field of the national executive branch, the Federal Information and Communications Technology Authority as the Enforcement Authority of this law.

ARTICLE 78. -Nature and address. The Federal Information and Communications Technology Authority shall have full legal capacity to act in the fields of public and private law and its assets shall be constituted by the assets transferred to it and those which acquire in the future for 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) inhabitants.

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ARTICLE 79. -Continued. The Federal Authority for Information and Communications Technologies created by this law shall continue, for all purposes and in accordance with the provisions of this Law, of the Secretariat of Communications and the National Commission of Communications created by decrees 1142/2003 and 1185/90 and subsequent amendments.

ARTICLE 80. -Functions. The Federal Information and Communications Technology Authority will have the functions of regulating, controlling, auditing and verifying ICT in general, telecommunications in particular, postal services and telecommunications. all matters which are integrated into its orbit in accordance with the text of this law, the applicable rules and the policies laid down by the national government.

ARTICLE 81. -Competence. The Federal Authority for Information and Communications Technologies shall exercise the following powers: (a) Regular and promote competition and the efficient development of telecommunications and digital services in the field of telecommunications. powers conferred upon it by this law and other applicable legal provisions. (b) the regulation, promotion and supervision of the use, exploitation and exploitation of radio spectrum, orbital resources, satellite services, telecommunications networks and the provision of telecommunications services; and digital technologies, as well as access to the active and passive infrastructure and other essential inputs or facilities, without prejudice to the powers of other authorities in the terms of the relevant legislation. (c) Regular in the field of technical guidelines relating to the infrastructure and equipment connected to telecommunications networks, as well as the type-approval and conformity assessment of such infrastructure and equipment. (d) Solve on the granting, extension, revocation of licenses, permits and permits, as well as the authorization of transfers or changes of stock control, ownership or operation of companies related to concessions in telecommunications and services provided for in this law. (e) Adopt, where appropriate, the necessary actions and measures to ensure continuity in the provision of telecommunications services and audiovisual media services where the authority gives notice of the existence of causes of termination by revocation or rescue of concessions, dissolution or bankruptcy of the concessionary companies. f) Plan, fix, implement and conduct policies and programs of universal coverage and social coverage in accordance with the provisions of this law. (g) Promoting and regulating access to information and communication technologies and telecommunications services, including broadband and the Internet, under conditions of effective competition. (h) Exorder administrative provisions of a general nature, fundamental technical plans, guidelines, cost models, conformity assessment procedures, approval procedures and certification and technical systems in (a) matters relating to telecommunications and audiovisual media services, as well as other provisions for compliance with the provisions of this law. i) Formulate and publish their work programmes. (j) Develop, publish and keep up to date the National Frequency Attribution Table. (k) to issue provisions, guidelines or resolutions on the interoperability and interconnection of public telecommunications networks, in order to ensure free competition and competition in the

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market. (l) Resolve and establish the terms and conditions of interconnection which the dealers have not been able to agree with respect to their public telecommunications networks as provided for in 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) Solve the disagreements of infrastructure sharing between licensees in accordance with the provisions of this law. (n) to resolve disagreements between licensees of telecommunications networks. (n) to resolve requests for partial or total interruption, by reason of accidental events or causes of force majeure of the general means of communication in the field of telecommunications. Telecommunications. (o) Resolve the change or rescue of frequency bands. (p) To determine the existence of actors with significant market power and to impose the necessary measures to avoid affecting competition and free competition in each of the markets of this law. (q) declare the existence or absence of conditions of effective competition in the sector concerned and, where appropriate, the extinction of the obligations imposed on the actors with significant market power. (r) Determine, authorise, register and publish the rates of services under the conditions laid down in this law. (s) require the subjects covered by this law to provide information and documentation, including that generated by electronic, optical or any other technology, necessary for the exercise of their privileges. t) Coordinate actions with the authorities of the Executive, provincial and municipal authorities. (u) Impose the penalties for infringements of the laws, regulations or administrative provisions. (v) Other legal or administrative provisions of this law.

ARTICLE 82. -Control. The Federal Authority for Information and Communications Technologies will be the subject of control by the General Secretariat of the Nation and the General Audit Office of the Nation. It is the permanent and inexcusable obligation of the directory to give its acts publicity and transparency regarding resources, expenses, staff appointments and hiring.

ARTICLE 83. -Budget. The budget of the Federal Information and Communications Technology Authority shall consist of: (a) The fee to be paid by licensees and other providers in accordance with this law. (b) the amounts resulting from the application of fines. c) The donations and/or legacies and/or subsidies granted to them. (d) the budgetary resources from the national treasury. (e) The administrative duties to be imposed. (f) Any other income that is legally provided for.

ARTICLE 84. -Directory. The management and administration of the Federal Information and Communications Technology Authority will be carried out by a (1) board of seven (7) members appointed by the national executive branch. The directory will be made up of one (1) president and one (1) director appointed by the national executive branch; three (3) directors proposed by the Bicameral Commission for the Promotion and Follow-up of the

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Audiovisual Communication, Telecommunications Technologies and Digitalization, which will be selected by the latter on a proposal from the parliamentary blocs, corresponding one (1) to the majority or the first minority, one (1) to the second minority and one (1) to the third parliamentary minority; one (1) director on a proposal from the provinces and the Autonomous City of Buenos Aires, and one (1) director on a proposal from the Federal Council for Telecommunications Technologies and Digitalization, under the conditions to set the rules. The president and directors shall not have any interests or ties with the matters under their orbit under the conditions of law 25,188. Prior to the appointment, the national executive branch must publish the name and curriculum history of the persons proposed for the directory. The president and directors will last in their posts four (4) years and may be re-elected for one (1) period. The president and the directors may only be removed from their positions for failure to perform or perform their duties or to be in breach of the incompatibilities provided for by law 25,188. The removal will have to be approved by two thirds (2/ 3) of the total members of the Federal Telecommunications and Digitalization Technology Council, through a procedure in which the right of the Federal Telecommunications and Digitalization is guaranteed. defence, and the resolution adopted in this regard must be duly founded on the grounds previously provided for. The chairman of the board is the legal representative of the Federal Authority, being in charge of presiding and convening the board meetings, according to the regulations dictated by the Application Authority in use of its powers. The votes will be by a simple majority.

Chapter II

The Federal Council for Telecommunications Technologies and Digitalisation

ARTICLE 85. -Federal Council for Telecommunications Technologies and Digitalization. Creation. Create, within the scope of the Federal Authority for Information and Communications Technologies the Federal Council for Telecommunications Technologies and Digitalization which will have the following missions and functions: a) Collaborate and advise in the design of the public policy of telecommunications and digital technologies. (b) Propose guidelines for the elaboration of the bases and conditions for the calls for tender or the direct award of licences. c) To provide the Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitalization an annual report on the state of compliance with the law and the development of telecommunications and digital in the Republic of Argentina. (d) To convene annually the members of the Board of Directors of the Federal Authority, for the purpose of receiving a detailed management report. (e) to give its rules of procedure. f) Advise the Application Authority to its application. (g) Propose the adoption of measures to the implementing authority. h) Monitor the progress of the indicators and standards of universal service, of the public services established in this way and of the speed of transmission. (i) Other provisions of the regulation.

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ARTICLE 86. -Composition. The members of the Federal Council shall be appointed by the national executive branch, on a proposal from the sectors and jurisdictions in the number below: (a) One (1) representative of each of the provinces and the Government of the Ciudad Autónoma de Buenos Aires. This representation will be carried out with the highest provincial political authority in the field. (b) Two (2) representatives of the entities grouping the fixed and mobile telephony providers. (c) One (1) representative for the entities grouping the non-profit telecommunications service providers. (d) One (1) representative of connectivity providers, broadband services or the Internet. (e) One (1) representative of the National Interuniversity Council. (f) Three (3) representatives of the trade unions of the ICT workers. (g) One (1) representative of the ICT service providers or entities. (h) One (1) representative of the user and consumer associations registered with action in the field of ICT. The appointed representatives will last two (2) years in their role, will perform in an honorary form and may be replaced or removed by the national executive branch at the express request of the same entity that proposed them. Among its members will elect a (1) president and one (1) vice president, positions that will last two (2) years and may be re-elected, in case they are appointed again. The Federal Council shall meet at least every six (6) months or exceptionally at the request of at least 25% (25%) of its members. The quorum shall be settled, both in ordinary and extraordinary calls, with the absolute majority of the total of its members.

ARTICLE 87. -Transfers. The following bodies, undertakings, programmes and projects are transferred under the competence of the application of this law: • the Secretariat for Communications (SECOM). • National Communications Commission (CNC). • Argentina Solutions Satellite S.A. (ARSAT). • Official Mail of the Republic of Argentina S.A. (CORASA). • Argentina Connected.

Chapter III

Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitalization

ARTICLE 88. -Substitute Chapter III of Title II of Law 26.522, which shall be worded as follows:

Chapter III

Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitalization

Article 18.-Bicameral Commission. Believe in the scope of the Congress of the Nation, the Bicameral Commission

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The promotion and monitoring of Audiovisual Communication, Telecommunications and Digitalization Technologies, which will have the status of the Permanent Commission. The Bicameral Commission will be integrated by eight (8) senators and eight (8) national deputies, according to the resolution of each House. It will dictate its own rules. Among its members shall elect a (1) president, one (1) vice-president and one (1) secretary; charges to be exercised annually in an alternate manner by a representative of each chamber. The commission will have the following powers: a) Propose to the national executive branch, the candidates for the designation of three (3) members of the board of the Federal Authority of Audiovisual Communication Services, and three (3) members of the The board of Radio and Television Argentina Sociedad del Estado and the head of the Public Defender's Office of Audiovisual Communication Services by joint resolution of both Houses. b) Propose to the national executive branch, the candidates for the designation of three (3) members of the directory of the Federal Authority of Information Technologies and the Communications by joint resolution of both Houses. c) Receive and evaluate the report presented by the Honorary Advisory Board of the Public Media and report to their respective organic bodies, giving their conclusions. d) Velar for compliance with the provisions referred to Radio and Television Argentina Sociedad del Estado. e) Evaluate the performance of the board members of the Federal Authority of Audiovisual Communication Services and the Public Defender. f) Evaluate the performance of the board members of the Federal Information and Communications Technology Authority. (g) Dictate on the removal of the Ombudsman for failure to comply with or perform his duties poorly; in a procedure in which the right of defence has been guaranteed in a broad manner, and the resolution adopted in this regard must be duly founded.

Title XI

Transitional clauses and final provisions

ARTICLE 89. -Law 19,798 and its amendments only remain in respect of those provisions which do not oppose the provisions of this Law.

ARTICLE 90. -Scope. Decree 62/90. The definition of Article 6 (c) of the present comprises the aspects of the definition set out in the Statement of Bases and Conditions for the International Public Competition for the Privatization of the Service of the Service Telecommunications approved by decree 62/90.

ARTICLE 91. -Integration of the FFSU. Establish that under the provisions of Clauses 11.1 and 11.2 of the Trust Contract of the Trust Fund of Universal Service Decree 558/08, the resources of the same provided for in article 8 ° of Annex III of the decree 764/00 and its amendments shall be integrated into the Universal Service Fund set up by Article 21 of this Law, subject to conditions to be determined by the Application Authority.

ARTICLE 92. -Repeal. Repeal Decree 764/00 and its amendments, without prejudice to which it shall remain in force in so far as it does not object to this law for the duration of the

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Enforcement Authority to issue regulations concerning the Licensing Regime for ICT Services, the National Interconnection Regime, the General Regime of the Universal Service and the Regime on Administration, Management and Control of the Radio Spectrum.

ARTICLE 93. -Transitional arrangements. Licenses. Current licensees, operators, suppliers and authorised under the regime set up in Decree 764/00 and their amendments will be subject to the arrangements provided for in this Regulation. At the time of the sanction of the present, and without further processing, the enabling titles currently called 'Single License of Telecommunications Services' will be considered to all effects 'Unique License Argentina Digital', without mutating in its content, scope and effects. The implementing authority may lay down special schemes and programmes aimed at the regularisation of situations of benefit whose persons are not entitled to the relevant licence, with a view to the particular situation of the each actor involved in ensuring the continuity of the provision of the ICT services, without any need for any irregular situation.

ARTICLE 94. -Transitional arrangements. Implementation plan. The Implementation Authority will formulate a phased implementation plan with the aim of establishing the guidelines and requirements that ICT licensees will have to comply with in relation to the provisions of Articles 9 and 10 of this Law, effective compliance with the purpose of the present. The gradual implementation plan will have the primary purpose of setting the conditions for ensuring competition and will have to take into account the following parameters: (a) Establishment of limited-time promotion zones which are determine by reason of public interest. Within the established time limits, the licensees of ICT services with significant market power will not be able to provide audiovisual media services. (b) Promotion and protection of the so-called Community networks, ensuring that the conditions of their exploitation meet 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 programmes, tax advantages, technology and innovation advisory services, among others. d) Establishment of regulatory asymmetries as instruments of universalization aimed at the development of effective competition, determining a set of rights and duties different for one provider from another, even if both In the same geographic market, they will provide equivalent services, among other assumptions, to the conditions for the entry of new prestators, for the establishment of limits to the concentration and expansion of the area of service delivery.

ARTICLE 95. -Regime for incoming providers to the audiovisual media services market. The Federal Audiovisual Communication Services Authority shall determine the conditions for the entry into the market of audiovisual media services of ICT providers and licensees within the meaning of the provisions of the Articles 9 and 10 of this Law. For these purposes, please note: (a) If the license is required for the provision of the subscription TV services and there is another provider in the same service area, the Law Enforcement Authority 26,522, in each case In particular, it will have to carry out a comprehensive assessment of the application which will be in the interest of the population and

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to request a binding opinion from the National Commission for the Defence of Competition, setting out the conditions for the provision to be made in the award of the licence. (b) For the purposes of obtaining the license for audiovisual communication services, the applicant shall, in addition to complying with the provisions laid down in law 26.522, be subject to the periods of promotion provided for in the Article 94 (a) of this Law.

ARTICLE 96. -Except for the exceptions expressly provided for in this law, in respect of licences for audiovisual communication services, law 26,522 and its supplementary provisions, which shall apply to the licences, shall be applicable to the licensees of ICT services providing audiovisual media services, their controlled, related companies or in which they have a stake, as well as their shareholders and in the companies which have a holding direct or indirect, without prejudice to the competent authority in each case.

ARTICLE 97. -Effective. This law shall enter into force on the day of its publication in the Official Gazette of the Republic of Argentina.

ARTICLE 98. -Contact the national executive branch.



BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Lucas Chedrese. -Juan H. Estrada.

Date of publication: 19/12/2014

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