ARGENTINA DIGITAL ARGENTINA DIGITAL law 27.078 information technology and communications. Adopted: 16 December 2014 promulgated: 18 December 2014 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: law ARGENTINA DIGITAL title 1 provisions General Chapter I subject article 1 - object. Declared of public interest the development of the information technologies and communications, telecommunications, and its resources partners, establishing and guaranteeing the complete neutrality of networks. Its object is to enable all of the inhabitants of the Republic Argentina access to information services and communications at equitable social and geographic conditions, with the highest quality standards. This rule is of order public and excludes any type of regulation of them contained, any is your medium of transmission.
Article 2 - purpose. Them provisions of the present law have as purpose ensure the right human to them communications and to them telecommunications, recognize to them technologies of the information and them communications (ICT) as a factor preponderant in it independence technological and productive of our nation, promote the role of the State as Planner, encouraging it function social that such technologies possess, as so also it competition and the generation of employment through the establishment of guidelines clear and transparent that favor the development sustainable of the sector, trying to it accessibility and affordability of the technologies of the information and the communications for the village. It also seeks to establish clearly the distinction between the generation of content, transport and distribution markets so that influence in one of these markets does not generate https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 practices involving distortions on the other. In the execution of the present law is will ensure the development of them economies regional, trying to the strengthening of them actors local existing, such as cooperative, entities without purposes of profit and SMEs, tending to the generation of new actors that in form individual or collective guarantee the provision of them services of TIC.
Article 3 - scope of application. The present law is of application in all the territory of the nation Argentina and in the places subject to its jurisdiction.
Article 4 - federal jurisdiction and administrative litigation. The activities covered by this are subject to federal jurisdiction and any incidence which directly or indirectly could arise or derive from the application of this will be competition of contentious administrative Federal jurisdiction, with the exception of the consumer relations.
Article 5 - inviolability of communications. The correspondence, understood as any communication that is effected by means of information technology and communications (ICT), which include traditional postal mail, electronic mail or any other mechanism that induces the user to assume privacy of traffic data associated with them, and carried out through networks and telecommunications services , is inviolable. Interception, as well as their subsequent registration and analysis, only proceed at the request of the competent judge.
Chapter II definitions article 6 – General definitions. In regards to the regime of the information technologies and communications and telecommunications, the following definitions shall apply: a) enforcement authority: is provided for in article 77 of this Act. (b) associated resources: are physical infrastructure, systems, devices, associated services or other resources or items associated with a telecommunications network or a service of information technology and communications (ICT) which enable or support the provision of services via that network or service, or have potential to do so. Shall include, among others, buildings or entries of buildings, the wiring of buildings, antennae, towers and other constructions of support, conduits, masts, manholes access and distributors. (c) basic telephone service (SBT): consists of the provision of national and international voice telephony service, through local networks, regardless of the technology used for transmission, provided that it complies with the order to allow their users to communicate among themselves. d) services of information technology and communications (ICT services): are those which are intended to transport and distribute signals or data, such as voice, text, video and images, provided or requested by third party users, through telecommunications networks. Each service will be subject to its specific regulatory framework. (e) service of telecommunication: is the service of transmission, emission or reception of written, signs, signals, images, sounds or information of any nature, by wire, radio, media optical u others systems electromagnetic, through networks of telecommunications. (f) public service essential and strategic information technology and communications in https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 competition: is the service use and access to telecommunications networks to and between providers of ICT services. This service must be provided with characteristics of generality, uniformity, consistency and continuity. (g) technologies of information and communication (technology ICT): is a set of resources, tools, equipment, software, applications, networks and media that allow the compilation, processing, storage and transmission of information, such as voice, data, text, video and images, among others. (h) Telecommunication: any transmission, emission or reception of signs, signals, writings, images, sounds or information of any nature by wire, radio, optical or other electromagnetic systems.
Article 7 - specific definitions. On the relationship between licensees or providers of ICT services, the following definitions shall apply: to) access: is the availability of part of a lender to other elements of network, associated resources or services for the purpose of providing ICT services, even when they are used for the supply of audiovisual content services. (b) architecture open: is the set of features technical of the networks of telecommunications that les allows interconnect is between itself to level physical or virtual, logical and functional, of such way that there is interoperability between them. (c) facilities essential: are them elements of network or services that is provide by an only licensee or provider or a reduced number of them whose reproduction not is viable from a point of view technical, legal or economic and are inputs essential for the provision of them services provided in this law. In cases not provided for in the present, the enforcement authority will determine the existence and control access to facilities essential in terms of the provisions of the law 25.156 or which in the future replace it. (d) interconnection: is the physical and logical linking of the way telecommunications networks such that users of a licensee can communicate with users of another licensee, as well as also to access services provided by another licensee. The services may be provided by the interested parties or by third parties who have access to the network. The interconnection is a particular type of access between providers of ICT services. (e) telecommunications network: transmission systems and, where applicable, equipment of switching or routing, and other resources, including the elements which are not active, which permit the conveyance of signals by cable, Hertzian waves, optical means or by other electromagnetic means, including satellite networks, fixed (circuits and packages or other commutation) terrestrial networks and mobile , systems of laying electric, in so far as is used for the transmission of signals, networks used for it broadcasting sound and television and networks of television by cable, with independence of the type of information conveyed. (f) network local: is it infrastructure of network of telecommunications, including the software and the hardware necessary to carry to out it connectivity from the point of connection terminal of the network located in the domicile of the user to the central telephone or installation equivalent, circunscripta to an area geographical determined. (g) user of ICT services: is the natural or legal person who uses the service to itself. Not includes the provision, resale or rental of the networks or services available to the public. (h) to significant of market: is the position of force economic that you allows to one or more health providers that their behavior is, in a measure appreciably, independent of their competitors. This force economic can be founded in the share of participation in the or them markets of reference, in the property of facilities essential, in the capacity of influence in the formation of prices https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09
or on the viability of its competitors; including any conditions that allow or facilitate the exercise of anti-competitive practices by one or more providers from, for example, their degree of vertical or horizontal integration. The specific obligations placed on the provider with significant market power shall lapse in its effects by a decision of the enforcement authority once there are conditions for effective competition in the relevant markets. The enforcement authority is empowered to declare anytime health providers with significant market power in the services for the application of this act according to the procedure established regulations.
Title II licensing article 8 ° - regime. The provision of ICT services will take place in competition. After obtaining the enabling license will be required for the provision of ICT services. The licensee of ICT services shall proceed to registration for each service under conditions to be determined by the enforcement authority.
Article 9 - principles. Them licenses is awarded to asked and in the form regulated, enabling to the provision of them services provided in this law in all the territory of the nation Argentina, are fixed or mobile, wired or wireless, national or international, with or without infrastructure own. Licensees of services provided for in this law may be providing audiovisual communication services, with the exception of those provided by satellite link, and must obtain the appropriate licence to the competent authority. In addition, licensees of audiovisual communication services may provide ICT services, and must deal with the corresponding license to the application authority of this law. Excepted the licensees of public services from the scope of this Act, the provisions contained in articles 24 subsection i) and paragraph 25 d) 26.522 law, whether natural or legal persons respectively.
ARTICLE 10. -Contents and transport. When an applicant or provider, in accordance with the provisions of the present, intends to or meet the ownership of a license of services provided for in this law and ownership of an audiovisual communication services license, you must: to) comply business units separated for the purposes of the provision of services of audio-visual communication and ICT services. (b) carry accounting separate and Bill by separate them benefits corresponding to them services of communication audiovisual and to the services of TIC. (c) not to engage in anti-competitive practices such as tied sales and subsidies with funds from the various business units. (d) facilitate-when is requested-to those competitors in them services licensed the access to its own infrastructure of support, especially poles, masts and ducts, in conditions of market. In them cases in that not exist agreement between them parts, is must ask intervention to the authority of the Commission national of defence of the competition. (e) respecting the duties and professional positioning of the workers in the different activities provided.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 article 11. -Delivery terms. The granting of the license for the provision of services provided for in this law is independent of technology or means used to deliver them, the existence and allocation of media required for the provision of the service.
ARTICLE 12. -Requirements. The enforcement authority grants the licence once the applicant has complied with requirements established regulations. ICT service delivery requires the use of the radio spectrum frequencies, licensee must book, in accordance with provisions in specific legislation on the matter, the granting of the authorization or permission of use of the radio spectrum frequencies.
ARTICLE 13. -Assignment or transfer. The transfer, assignment, lease, the Constitution of any lien on the license and any modification of the equity or social quotas, in accordance with the regulations in force, must obtain it authorization of the enforcement authority, under penalty of nullity.
ARTICLE 14. -Expiry or termination of the license. The enforcement authority may declare the expiration of the license or respective registry, according to the provisions of this law, decrees, regulations and other rules applicable in the matter, contemplating the procedure established by that. Will be grounds for revocation: to) the lack of provision of the registered services or according to current regulations. (b) the lack of home delivery of the or of the services registered within the time established the regulations and in accordance with the regulations that dictate the enforcement authority to the effect. (c) the repeated lack of payment of taxes, fees, royalties and the contribution to the Universal service, in accordance with the regulations that the enforcement authority to the effect. (d) the realization of acts without the authorization of article 13 of the present. (e) the bankruptcy, dissolution or liquidation of the licensee.
Title III services of TIC and establishment and operation of networks of telecommunication chapter I General principles article 15. -Nature of public service in competition. Recognize the nature of public service essential and strategic information technology and communications (ICT) in competition to the use and access to telecommunications networks, and between licensees of ICT services.
ARTICLE 16. -Type-approval and certification. Principle. In order to ensure the integrity and quality of radio spectrum and telecommunications networks, as well as the security https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 of people, users and licensees, the equipment of telecommunications that are marketed are subject to approval and certification. The enforcement authority shall issue the respective regulations.
Chapter II article 17 coordination mechanisms. -Coordination mechanisms for the deployment of telecommunications networks. National, provincial, of the autonomous city of Buenos Aires and municipal authorities shall coordinate the actions needed to achieve the deployment of networks of telecommunications used in ICT services. The enforcement authority will invite to the provinces, the autonomous city of Buenos Aires and the municipalities sign the respective cooperation agreements.
Title IV development of the ICT chapter I service Universal article 18. -Definition. The State guarantees the Universal service, understood as the set of ICT services that must be provided to all users, ensuring their access in terms of quality, affordability and at prices that are fair and reasonable, regardless of their geographic location.
ARTICLE 19. -Purpose. He service Universal is a concept dynamic whose purpose is enabling the access of all them inhabitants of our country, regardless of their domicile, income or capabilities, to them services of ICT provided in conditions of quality and to a price just and reasonable.
ARTICLE 20. -Scope and regime. Corresponds to the power Executive national, through the authority of application, define the political public to implement to achieve the objective of the service Universal. Without prejudice of this, the service Universal is governed by them principles, procedures and provisions of the present law and, in particular, by the resolutions that for this purpose dictate the authority of application.
Chapter II Fund trust of the service Universal article 21. -Creation and financing. Create the Trust Fund of the Universal service. The contributions of investment relating to the Universal service programs will be administered through this Fund. The assets of the Trust Fund of the Universal service will be the State. The enforcement authority will dictate the administration of the Fund rules and the rules for its control and audit with respect to the costs of administration, ensuring that both it and running https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 from the Fund are in charge of the national State.
ARTICLE 22. -Investment contributions. ICT services licensees will be required to make contributions of investment to the Trust Fund of the equivalent to the one Universal service per cent (1%) of total revenues earned for the provision of ICT services including in the field of application of this law, net of taxes and fees that are payable in respect of them or, in case of granting exemptions comply with the obligations laid down therein. The contribution of investment may not be transferred to users under any circumstances. The Fund trust of the service Universal can integrate is also with donations or legacies.
ARTICLE 23. -Exemption from contribution. The authority of application may have, a time reached them objectives of the service Universal, the exemption total or partial, permanent or temporary, of the obligation of make them contributions of investment willing in the article earlier.
ARTICLE 24. -Categories of the Universal service. The enforcement authority will design different programs for the fulfilment of the obligations and rights provided for with regard to Universal service, access being able to establish categories for this purpose.
ARTICLE 25. -Application of funds. Universal service funds will be applied through specific programmes. The enforcement authority will define its content and appropriate adjudication mechanisms. The enforcement authority may entrust the execution of these plans directly to the entities listed in article 8, subparagraph (b)), law 24.156, or complying with the mechanisms of selection that apply, respecting principles of publicity and concurrence, to other entities. Universal service programs should be understood as obligations subject to periodic review, so that services and programs that are developed will be reviewed, at least every two (2) years, depending on needs and social requirements, the existing demand, technological developments and the purposes provided by the State in accordance with the design of the information technology and communications (ICT) policy.
Title V resource essential ICT chapter I spectrum article 26. -Features. The radio spectrum is a resource intangible, finite, and in the public domain, whose administration, management and control is non-delegable responsibility of the national State.
ARTICLE 27. -Administration, management and control. Corresponds to the authority of application that is appoint it administration, management and control of the spectrum radio, of conformity with what sets this law, the regulation that in its consequence is handed down, them standards international and those dictated by them conferences global and regional in it matter to which it Republic https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 Argentina adhere.
ARTICLE 28. -Authorizations and permits. Authorisations and permissions for use of the radio spectrum frequencies will be awarded on a precarious basis, so the enforcement authority may replace them, modify them or cancel them, wholly or partly, without that it give rise to a right to compensation in favour of the authorized or administered. Authorisations and permissions for use of the radio spectrum frequency allocated by tender or public tender, with onerous, shall be governed by the terms set at the time of the tender or competition, in accordance with the framework of the system of recruitment of the national administration, except for well-founded reasons of public interest duly accredited. For all of the aforementioned cases, the enforcement authority shall fix the maximum period for granting of each authorization or permission.
ARTICLE 29. -Transfer and lease. Them authorizations and permissions of use of frequency of the spectrum radio and them authorizations and ratings granted for install and operate a station, media or systems radio, not may be transferred, leased or ceded total or partially nor change them your destination, without it approval prior of the authority of application, according to the normative existing.
ARTICLE 30. -Migration of bands. The enforcement authority may require holders of authorizations and permits use of frequencies of the migration of their systems as a result of changes in the allocation of frequency bands. Migration must comply within the time limits fixed by the enforcement authority. The authorized or permit holders are not entitled to any compensation.
ARTICLE 31. -Direct allocation. The enforcement authority shall assign frequencies directly to national agencies, State entities and entities with majority ownership of the national State.
ARTICLE 32. -Authorization. ICT services licensees must have prior authorization for the installation, modification and operation of stations, media or radio communication systems.
Chapter II use satellite article 33. -Administration, management and control. It corresponds to the national Government, through the enforcement authority, administration, management and control of spectrum resources for satellite networks, in accordance with the international treaties signed and ratified by the Argentine Government. This resource can be exploited by public or private entities provided that any authorization granted for that purpose and in accordance with the applicable provisions.
ARTICLE 34. -Authorization. The provision of satellite facilities will require authorization for operation in Argentina, according to regulations the enforcement authority issued for this purpose. On the other hand, the provision of any services of TIC satellite will be https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 subject to the general regime of provision of ICT established in this law.
ARTICLE 35. -Priority of use. For the provision of the facilities satellite will give priority to the use of satellites Argentine, understanding as such to those who use a resource spectrum on behalf of the nation of Argentina, to the use of satellites built in the Argentina nation or the operators of satellites that they were owned by the State or in which this had majority shareholding. The priority designated previously will have effect only if the conditions technical and economic proposed is in accordance to a market of competition, which will be determined by the authority of application.
Chapter III plans fundamental article 36. -Dictated plans. The enforcement authority must approve, manage, and control national schemes of numbering, signage, number portability and other fundamental plans, and has the power to create them or modify them.
ARTICLE 37. -Attributes. The attributes of basic plans have instrumental nature and its granting does not confer rights and interests to the licensees of ICT services, reason why its modification or deletion does not generate right to any compensation.
Chapter IV access and interconnection article 38. -Reach. This chapter and the regulations shall apply to cases of use and access and interconnection between the licensees of ICT services.
ARTICLE 39. -Obligations for access and interconnection. ICT services licensees will have the right and, when requested by other licensees of TIC, the obligation to provide access and the mutual interconnection.
ARTICLE 40. -General scheme. ICT service licensees are required to interconnect in conditions that are non-discriminatory, transparent and based on objective criteria, according to provisions issued by the enforcement authority, which will encourage competition and guide to the progressive reduction of asymmetries between licensees. The terms and conditions for access or interconnection to a licensee of ICT services offer another occasion of an agreement or a resolution of the enforcement authority, shall be guaranteed to anyone who requests it. Licensees outside the contractual relationship may make observations on the signed agreement as regulations otherwise.
ARTICLE 41. -Particular conditions. https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 conditions of access and interconnection with networks that were property of the State or companies with majority State ownership may be determined by the enforcement authority.
ARTICLE 42. -Registration and publication. Agreements between licensees of ICT services must register with the implementing authority and published according to the current regulations.
ARTICLE 43. -Reference offers. Reference offers must undergo approval and publication by the enforcement authority according to the provisions for this. In the cases covered by article 10 of this law, the reference offer must ensure that the treatment given to its business units 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 networks.
ARTICLE 45. -Local network unbundling. The breakdown of the local network of licensees of ICT services are available. The enforcement authority shall establish for this purpose different conditions based on technical, economic, issues of timeliness, merit and suitability, attending the preservation of the public interest and promoting competition.
ARTICLE 46. -Specific obligations. Those licensees of ICT services with significant market power shall comply with the specific obligations which are arranged by the enforcement authority, which shall ensure by means of asymmetric regulatory measures the development of regional markets, the participation of local licensees, and continuity in the provision of ICT services.
ARTICLE 47. -Skills. (Are competencies of the authority of application in matter of access and interconnection: to) have them conditions legal, technical and economic to which must wrap is them agreements. (b) keep a record of agreements and make the analysis prior to the authorization of a reference offer. (c) intervene, ex officio or at the request of any interested party, urging to make changes to the signed agreement deemed to correspond. (d) establishing obligations and specific conditions for those licensees, with significant market and any other that consider reasonably necessary; such obligations shall remain in force during the strictly indispensable time and may consist in: i. the supply of accounting, financial and economic information, specifications, technical, characteristics of nets and conditions for supply and use, including, where appropriate, conditions that they could limit access to or use of services or applications, as well as the prices and tariffs. II. the elaboration, presentation and publication of an offer of reference under the conditions established regulations. III. the separation of accounts, in the format and with the methodology that, in your case, you specify. IV. the functional separation. v. provide access to elements or to specific resources of the networks and their use, as resources and associated services.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 0 vi. Control of prices and tariffs, such as fixing, cost orientation or definition of other types of compensation mechanism. VII. duty of notification for prior approval to the need for changes in the network that affect the operation of the equipment of the users or networks with which it is interconnected. VIII. other types of specific obligations relating to the access or interconnection does not limit to the subjects listed above and which are duly justified.
Title VI prices, fees and charges article 48. -Rule. ICT services licensees will fix their prices, which must be fair and reasonable, the costs of exploitation and tender to the efficient delivery and a reasonable margin of operation. The rates for essential and strategic public services of information technology and communications (ICT) in competition, the provided according to the Universal service and those who determine the enforcement authority for reasons of public interest, may be regulated by this.
ARTICLE 49. -Rate of control, inspection and verification. Established for licensees of ICT services rate concept of control, auditing and verification, equivalent to zero point fifty percent (0.50%) total income earned for the provision of ICT services, net of taxes and fees that are payable in respect of them. The authority of application will establish the time, form and procedure relative to the collection of the rate set in the first paragraph of this article, with the purpose of allow the funding of them expenditures that make to your operation.
ARTICLE 50. -Rights and radio tariffs. Them licensees of services of ICT in general and of telecommunications in particular should pay them rights and tariffs radio for each an of them stations, systems and services radio that operate in all the territory of the nation, whose unit of measure will be the called unit of pricing radio (UTR). The classification, value, update, periodicity of payment, penalties and exemptions will be determined by the enforcement authority.
ARTICLE 51. -Administrative fees. The enforcement authority will have the power to set administrative duties.
ARTICLE 52. -Rates and specific charges. Rates and charges to establish systems and not open to public correspondence telecommunications stations shall be determined in accordance with the characteristics thereof, the importance of its facilities and assessment of the foreseeable traffic, as provided for in the regulation.
ARTICLE 53. -Exemptions. Exemptions or reductions of rates, fees and assessments of information technology and communications (ICT) may be established a precarious basis in general and telecommunications in particular, when the nature of certain activities justifies it.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 1 Title VII General considerations on article 54 ICT services. -Public telephone service. Basic telephone service maintains its status of public service.
ARTICLE 55. -Object and scope. ICT service includes the confluence of both fixed and mobile networks which, through various features, provides users the ability to receive and transmit information of voice, audio, still images or motion and data in general. For the purposes of protecting the functionality of the ICT service, this should be provided throughout the national territory considered a single area of exploitation and provision for this purpose. The basic telephone service, without prejudice to its normative particularity, is of special consideration within the framework of technological convergence. Therefore, the effective provision of the service should be considered independently to the technology or means used for its provision through local networks, its main purpose being the establishment of a communication through the voice transmission between parties.
ARTICLE 56. -Network neutrality. He is guaranteed to each user the right to access, use, send, receive, or offer any content, application, service, or Protocol over the Internet without any type of restriction, discrimination, distinction, blocking, interference, dulling or degradation.
ARTICLE 57. -Network neutrality. Prohibitions. ICT service providers will not be able: to) block, interfere, discriminate, disrupt, degrade, or restrict the use, shipping, receiving, offering or access to any content, application, service, or Protocol unless the user's express request or court order. (b) the pricing of Internet access under the contents, services, protocols or applications that will be used or offered through the respective contracts. (c) arbitrarily limit a user's right to use any hardware or software to access the Internet, provided that they do not damage or harm the network.
ARTICLE 58. -Minimum speed of transmission (VMT). The enforcement authority will define, within a period not to exceed one hundred and eighty (180) days from the entry into force of this law, the speed minimum transmission (VMT) which should allow the telecommunications networks for the purpose of ensuring the effective functionality of ICT services. ICT services licensees shall provide to their end users, not licensees of these services, the set speed. The VMT must be reviewed at intervals of up to two (2) years.
Title VIII rights and obligations of users and licensees of chapter I TIC services https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 2 rights and obligations of the users of the services of TIC article 59. -Rights. ICT services customer has the right: to) have access to ICT services in conditions of equality, continuity, regularity and quality. b) be treated by licensees with courtesy, correction and diligence. (c) have access to all the information related to the offering or provision of services. (d) free choice of licensee, services and equipment, or equipment required for your benefit, provided that they are duly certified. (e) submit, without unnecessary prior requirements, requests and complaints to the licensee and receive a respectful, timely, adequate and truthful response. (f) the protection of the data personal that has supplied to the licensee, which not can be used for purposes different to them authorized, of conformity with them provisions force. (g) that the price of the service that receives is fair and reasonable. (h) them others rights that is derived from the application of the laws, regulations and rules applicable.
ARTICLE 60. -Obligations. (He user of them services of ICT has the following obligations: to) pay promptly them charges by them services received, of compliance with them prices contracted or them rates established. (b) keep them facilities home to his charge of way adequate to the standards technical force. (c) not to alter the terminal equipment when a result can cause damage or interference that degrade the quality of the service, to refrain from making improper use of the service. (d) allow access to the licensees and staff of the enforcement authority, who must be properly identified for the purposes of performing any work or required verification. (e) comply with the provisions of laws, regulations and general conditions of contract and other obligations arising from the application of the laws, regulations and rules.
Chapter II rights and obligations of licensees
ARTICLE 61. -Rights. ICT services licensees have right to: to) use and protect their networks and facilities employed in the provision of ICT services. (b) install their networks and equipment throughout the country according to the provisions of the present law and other regulations applicable in the field of use of soil, subsoil, air space, public and private property. (c) to them other rights that are derived of the present law and its regulation.
ARTICLE 62. -Obligations. (Them licensees of services of ICT have the following obligations: to) provide the service low them principles of equality, continuity and regularity, meeting with them levels of quality established in the normative existing. (b) not include in them contracts clauses that restrict or condition in mode one to them users the freedom of choice of another licensee or that condition the termination of the same or the disconnection of any service additional hired. (c) ensure that specific social groups, people with disabilities, including users with serious problems of vision or visual disability, the hearing impaired and disabled persons of the speech, the https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 3 elderly people and users with special social needs have access to the service on comparable terms to the rest of the users, in accordance with the provisions of the specific regulations. (d) count with mechanisms free of attention to the users of conformity with it arranged by the authority of application. (e) provide the user information in the national language and form clear, truthful, timely, necessary enough, some free, not misleading and contains detailed information about the essential characteristics of the service you provide at the time of the offer, the conclusion of the contract, during their implementation and subsequent to their completion. (f) ensure to them users the confidentiality of the messages transmitted and the secret of the communications. (g) provide the information requested by the competent authorities, especially the accounting or economic information on the basis and under the forms established, as well as one that allows to know the conditions for the provision of the service and any other information that may be considered necessary for the fulfilment of the functions. (h) have the necessary equipment to enable the enforcement authority can perform its functions; being obliged to allow access to the enforcement authority to its facilities and provide the information that is required by it. (i) meet the requirements of national defense and public security formulated by the competent authorities. (j) respect them rights that them correspond to those users in accordance with the regulations applicable. k) comply with the obligations laid down in the respective licences, the appropriate regulatory framework and decisions issued by the enforcement authority. (l) Act under schemes of fair and effective competition in accordance with the regulations in force. (m) comply with the other obligations arising from this Act and regulations.
Title IX article 63 sanctions regime. -Regulation. The enforcement authority will regulate the punitive regime in accordance with the principles and provisions of the present title.
ARTICLE 64. -Procedure. The administrative procedure for the instruction of the summary and the application of penalties will be dictated by the enforcement authority. Supplementary will be of application the law national of procedures administrative 19.549.
ARTICLE 65. -Measures prior to the start of the sanctioning process. By the dictates of the corresponding administrative act, without prior intervention and in accordance to the process determined by the enforcement authority, may be provided the alleged infringing activity when there are reasons of overriding urgency based on the following assumptions: to) impairment of the functioning of the national security, Civil Defence and emergency services. (b) exposure to danger of life. (c) interference to other networks or ICT services and which occur on frequencies used by the aeronautical mobile service and the aeronautical radionavigation service.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 4 having concurrent with other competent authority powers, will be moving to this then materialized the precautionary measure.
ARTICLE 66. -Precautionary measures in the sanctioning process. Through the dictate of the corresponding administrative act issued in the scope of the enforcement authority, it may take precautionary measures consistent in: to) the immediate cessation of unauthorized radio broadcasts. (b) the cessation immediate of any other activity allegedly infringing that may cause a damage irreparable to the users end of the service. (c) the sealing of equipment or facilities affected the provision of ICT services. The precautionary measures that they had issued cease in its effects as such when given the extent that put an end to the punitive procedure.
ARTICLE 67. -Types of sanctions. Failure to comply with the obligations laid down in this Act, its regulations, licenses, authorizations or permissions to use will result in the following sanctions: a) warning. (b) fine. (c) suspension of marketing. (d) closure. (e) disqualification. (f) the confiscation of equipment and materials used for the provision of services. (g) forfeiture. (h) revocation of the license, registration or revocation of the authorization or permit.
ARTICLE 68. -Accessory of disqualification. The sanction of license expiration will disable the sanctioned holder and the members of their governing bodies for a period of five (5) years to be holders of licences, partners or licensees administrators.
ARTICLE 69. -Formal character. Violations will have formal character, and will be configured with independence of the fraud or negligence of holders of licences, registrations or permits and people for whom those need to respond.
ARTICLE 70. -Graduation of sanctions. It sanction that is imposed before the verification of an infringement is graduate taking in has the gravity of the infringement, it capacity economic of the infringing and the grade of affectation to the interest public. (To the effects of the determination of sanctions, are considered as situations aggravating to have in consideration: to) the character continued of the made liable of sanction. (b) the involvement of the service. (c) the obtaining of benefits economic on the part of the offender. (d) the underground. (e) the lack of approval or certification of the devices or equipment employees.
ARTICLE 71. -Mitigating circumstances. Be considered extenuating situations to consider: to) have recognized the existence of the infringement in the course of the procedure.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 5 (b)) have corrected the situation of infringement on their own initiative and compensated in an integrated manner the damage they might have caused.
ARTICLE 72. -Confiscation. In those cases in which is found the provision of ICT services in violation of the licensing, permits, authorizations, approvals or qualifications set out in this Act or by any means they invade or obstruct the General means of communication, will be lost for the benefit of the national State property, facilities and equipment used in the Commission of such offences.
ARTICLE 73. -Obligation to reintegrate. Sanctions will be independent of the obligation to reinstate or compensate the rates, prices or unduly levied charges of users, update and interests, or compensate the damage caused to users, to the State, or to third parties for the violation.
ARTICLE 74. -Repetition. Firm administrative penalties act shall constitute a valid precedent for the purposes of the repetition of the offence. Be considered reiteration when it has applied sanctions in relation to the same obligation in the past twentyfour (24) months.
ARTICLE 75. -Advertising. The implementation authority shall determine the cases in which, in charge of the offender, shall effect the publication of applied sanctions.
ARTICLE 76. -Resources. Act by which applies the established sanction, will exhaust administrative remedies for the purposes of article 23 of the national 19.549 administrative procedures Act, without prejudice to the origin of the appeal which can choose the appellant. Exhausted the administrative channels, proceed the appeal court in accordance with article 4 of the present. Your interposition will not have suspensive effect, unless the sanction of revocation of the license.
Title X authorities chapter I authority Federal of information technologies and the communication article 77. -Implementing authority. Created as a decentralized and autonomous agency within the scope of the national executive power, the Federal authority of information technologies and communications as the application authority of this law.
ARTICLE 78. -Nature and home. The information and communications technologies Federal Authority will possess full legal capacity to act in the areas of public law and private and its heritage consists of the goods transferred him and those who buy in the future by any title. It will have its headquarters in the autonomous city of Buenos Aires and you must set at least one (1) delegation in each province or region or city, with a minimum of one (1) delegation in every town of more than five hundred thousand (500,000) inhabitants.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 6 article 79. -Continued. The Federal authority of information technologies and communications created by this law will be charged, for all purposes and in accordance with fixed in this Act, the Secretary of communications and the national communications Commission created by decrees 1142 / 2003 and 1185/90 and its subsequent amendments.
ARTICLE 80. -Features. The Federal authority of information technologies and communications will have functions regulation, control, control and verification in the field of ICT in general, telecommunications in particular, of the postal service and all those materials that become part of its orbit as the text of this law, the applicable regulations and policies set by the national Government.
ARTICLE 81. -Skills. The authority Federal technologies of information and communications shall exercise the following powers: to) regulate and promote competition and the efficient development of the telecommunications and digital services in the scope of the powers conferred this law and other applicable legal provisions. (b) the regulation, promotion and supervision of use, exploitation and exploitation of orbital resources, spectrum, telecommunications networks, satellite services and the provision of services of telecommunications and digital technologies, as well as access to active and passive infrastructure and other inputs or essential facilities, without prejudice to the powers that correspond to other authorities under the terms of the relevant legislation. (c) regular in terms of technical guidelines relating to infrastructure and equipment that are connected to the telecommunication networks, as well as in the approval and evaluation of the conformity of such infrastructure and equipment. (d) resolve on the granting, the extension, the revocation of licenses, records permissions and authorizations, as well as the authorization of assignments or changes of control stock, ownership u operation of societies related with concessions in matter of telecommunications and services expected in this law. e) adopting, where appropriate, the actions and measures necessary to ensure continuity in the provision of telecommunications services and audiovisual communication services when the authority to give you notice of the existence of causes of termination by revocation or rescue of concessions, dissolution or bankruptcy of the concessionary companies that. (f) planning, secure, implement and drive policies and programmes of universal coverage and social coverage in accordance with the provisions of this law. (g) promote and regulate access to information and communication technologies and telecommunications services, including broadband and Internet, under conditions of effective competition. (h) to issue administrative regulations of General, fundamental technical plans, guidelines, cost models, procedures of conformity assessment, procedures of approval and certification and technical systems in the field of telecommunications and audiovisual communication services; as well as other provisions for compliance with the provisions of this law. (i) formulate and publish their programmes of work. (j) develop, publish, and maintain and update the national table of frequency allocation. (k) issue provisions, guidelines or resolutions in matter of interoperability and interconnection of the networks public of telecommunications, to effect of ensure the free competition and concurrency in the https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 7 market. (l) resolve and establish the terms and conditions of interconnection that not have could agree them dealers. with regard to their networks public of telecommunications according to it planned in the present law. LL) issue guidelines of a general nature for access and, where appropriate, shared use of the active and passive, infrastructure in cases established by this law. (m) resolve the disagreements of sharing of infrastructure between licensees according to it provisions in this law. (n) resolving disagreements arising between licensees of telecommunications networks. (n) resolve the requests of interruption partial or total, by made incidental or causes of force more of them way General of communication in matter of telecommunications. (o) resolve on change or rescue of frequency bands. (p) to determine the existence of actors with significant market power and impose the necessary measures to avoid affecting competition and the free competition in each of the markets of this law. (q) declaring the existence or inexistence of conditions of effective competition in the sector concerned and, where appropriate, the extinction of the obligations imposed on the players with significant market power. (r) to determine, authorize, record and publish the rates for services in the conditions laid down in this law. (s) require the subjects regulated by this law, information and documentation, including that generated by electronic, optical or any other technology, which are necessary for the exercise of its powers. (t) to coordinate actions with the authorities of the Executive Branch, provincial and municipal. (u) the sanctions for breaches of the laws, regulations or administrative provisions. (v) any other which confers this law and other legal or administrative provisions.
ARTICLE 82. -Control. The Federal authority of information technologies and communications subject to supervision by the General Audit Office of the nation and the General audit of the nation. Permanent and unavoidable obligation of the directory is to their acts publicity and transparency in terms of resources, expenses, personnel appointments and engagements.
ARTICLE 83. -Budget. The budget of the Federal Authority for information technologies and communications will be formed by: to) the rate that must pay licensees and other health providers in accordance with this law. (b) the amounts derived from the application of fines. (c) donations or legacies and subsidies that are granted. (d) the budgetary resources from the National Treasury. (e) the administrative duties that attach. (f) any other income that is expected to legally.
ARTICLE 84. -Directory. The conduct and administration of the Federal Authority for information technologies and communications will be exercised by a Board of Directors (1) seven (7) members appointed by the national executive power. The directory will be formed by a (1) President and a (1) director appointed by the power Executive national; three (3) Directors proposed by the Commission Bicameral of promotion and follow-up of it https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 8 communication Audiovisual, them technologies of them telecommunications and the digitization, that will be selected by this to proposed of them blocks parliamentarians, corresponding one (1) to it most or first minority, one (1) to the second minority and one (1) to the third minority parliamentary; one (1) director on a proposal from the provinces and the autonomous city of Buenos Aires, and one (1) director on the proposal of the Federal Council of technologies of telecommunications and digitization, under the conditions fixed by the regulations. The President and the directors may not have interest or links with the matters under its orbit under the conditions of law 25.188. Prior to the designation, the national executive power must publish the name and curriculum background of persons nominated for the directory. President and directors last in office four (4) years and may be reelected for one (1) period. The President and the directors only may be removed from their posts by failure or poor performance of their duties or by being in the incompatibilities laid down by law 25.188. The removal must be approved by them two thirds (2 / 3) of the total of them members of the Council Federal of technologies of them telecommunications and the digitization, through a procedure in which is has guaranteed in form wide the right of Defense, must the resolution that is adopts to the respect be properly founded in them causal before planned. He President of the directory is the representative legal of the authority Federal, being to its cargo preside over and convene them meetings of the directory, according to the regulation dictated by the authority of application in use of its powers. The voting will be by most simple.
Chapter II Council Federal of technologies of the telecommunications and the digitization
ARTICLE 85. -Council Federal of technologies of the telecommunications and the digitization. Creation. Create, within the scope of the Federal Authority for information technologies and communications the Federal Council of technologies of telecommunications and the scan which will have the following missions and functions: to) assist and advise in the design of public policy of telecommunications and digital technologies. (b) propose guidelines for the development of the spreads of bases and conditions for them called to contest or award direct of licenses. (c) provide an annual report on the State of compliance with the law and the development of technologies of telecommunications and digital in the Republic Argentina the Bicameral Committee on promotion and follow-up of the Audiovisual Communication, telecommunications technology and digitization. d) convene annually to the members of the Board of the Federal Authority, for the purpose of receiving a detailed report of management. (e) enact its rules of procedure. (f) advise the enforcement authority upon its request. (g) propose the adoption of measures to the Authority's application. (h) monitor the progress of indicators and service standards universal, public services thus hereby established and the transmission speed. (i) others requiring regulation.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 9 86 article. -Composition. The members of the Federal Council shall be appointed by the national executive power, on the proposal of the sectors and jurisdictions on the number which are detailed below: a) one (1) representative from each of the provinces and of the Government of the city of Buenos Aires. Such representation will match the highest provincial political authority in the matter. (b) two (2) representatives of the entities grouping to providers of fixed and mobile telephony. (c) one (1) representative per entities grouping nonprofit telecommunications providers. (d) one (1) representative of the entities providers of connectivity, services of band wide or Internet. (e) one (1) representative of the national Interuniversity Council. (f) three (3) representatives of the unions of the workers of the ICT services. (g) one (1) representative of the undertakings or entities providers of ICT services. (h) one (1) representative of the users and consumers associations registered with action in the field of ICT. Designated representatives will last two (2) years in their role, it will play in honorary form and may be replaced or removed by the national executive power at the express request of the same entity that proposed them. From among its members they elect one (1) Chairman and one (1) Vice President, charges that last two (2) years and may be re-elected, should be reappointed. The Federal Council will meet, as a minimum, each six (6) months or extraordinarily at the request of at least twenty five percent (25%) of its members. The quorum will comply, both in ordinary calls as extraordinary, with an absolute majority of the total number of its members.
ARTICLE 87. -Transfers. Transfierense under the orbit of competences of the application authority of this law the following agencies, companies, programs and projects: • communications Secretariat (SECOM). • Comisión Nacional de Comunicaciones (CNC). • Argentina satellite solutions S.A. (ARSAT). • Mail Oficial de la Republic Argentina S.A. (CORASA). • Connected Argentina.
Chapter III Bicameral Commission for the promotion and follow-up of the Audiovisual Communication, telecommunications technologies and the digitisation article 88. -Replace chapter III of title II of law 26.522, which shall be drafted in the following way: Chapter III Bicameral Commission of promotion and follow-up of the Audiovisual Communication, telecommunications technology and digitization article 18.-Commission Bicameral. Created in the scope of the Congress of the nation, the Commission Bicameral https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 0 of promotion and follow-up of the Audiovisual Communication, telecommunications technology and digitization, which will have the character of Standing Committee. The Joint Committee will be integrated by eight (8) senators and eight (8) national deputies, according to resolution of each camera. It shall adopt its own rules of procedure. From among its members, they will elect a President (1), a (1) Vice President and a Secretary (1); charges that will be exercised annually alternately by a representative of each Chamber. The Commission shall have the following powers: to) propose to the national executive power, the candidates for the appointment of three (3) members of the Board of the Federal service authority of Audiovisual Communication, and three (3) members of the Board of Radio and Television Argentina society of the State and the holder of the Office of the public of Audiovisual communication services by resolution joint of both cameras. (b) propose to the national executive power, the candidates for the appointment of three (3) members of the Board of the Federal Authority for information technologies and communications by resolution joint of both houses. (c) receive and evaluate the report presented by the Council Advisory fee for media public and inform their respective organic bodies, giving advertising its conclusions. (d) ensure compliance with the provisions concerning Radio and Television Argentina society of the State. (e) evaluate the performance of the members of the directory of service Federal authority of Audiovisual Communication and the public defender. (f) evaluate the performance of the members of the Board of the Federal Authority for information technologies and communications. (g) decide on removal failure or poor performance of his office of the public defender; in a procedure in which the right of defence has guaranteed broadly, should the resolution adopted in this respect be properly founded.
Title XI transitional provisions and final provisions article 89. -19.798 law and its modifications will only survive with respect to those provisions which is not contrary to the provisions of this law.
ARTICLE 90. -Reach. Decree 62/90. The definition of the article 6 subparagraph (c)) of the present includes aspects of the definition established in the statement of terms and conditions for the public international competition for the privatization of the telecommunication service provision approved by Decree 62/90.
ARTICLE 91. -Integration of the FFSU. Established that under the provisions of clauses 11.1 and 11.2 of the trust management of the Fund trustee of the service agreement Universal Decree 558/08, the resources it provided in article 8 of annex III of Decree 764/00 and its amending will be integrated into the Universal Service Fund created by article 21 of this law , under conditions to be determined by the enforcement authority.
ARTICLE 92. -Repeal. Repeal of Decree 764/00 and its amending, without prejudice of which remain in force in everything what is not opposed to this law during the time that demands the https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 1 enforcement authority to enact regulations concerning the licensing regime for services of ICT, the national interconnection regime, the General scheme of the Universal service and the regime on the Administration Management and Control of the radio spectrum.
ARTICLE 93. -Transitional regime. Licenses. Current licensees, operators, providers, and authorized low regime instituted in Decree 764/00 and its amending applies them the regime envisaged in the present. At the time of the enactment of the present, and without any further formality, enabling titles currently known as 'Single license of telecommunication services' will be considered for all purposes 'License only Argentina Digital', without mutate in its content, scope and effects. It authority of application may establish regimes and programs special aimed to the regularization of situations of provision whose responsible not have with it license corresponding, contemplating for this purpose it situation particular of each actor involved ensuring the continuity of the provision of them services of ICT, without this involves sanitation of situation irregular any.
ARTICLE 94. -Transitional regime. Implementation plan. The enforcement authority will formulate a plan of gradual implementation with the objective of establishing guidelines and requirements that licensees of TIC shall comply in relation to the provisions of articles 9 and 10 of this Act, safeguarding the effective fulfillment of the purpose of the present. Gradual implementation plan will have as their primary aim to set the conditions necessary to ensure competition and shall take into account the following parameters: to) establishment of zones of promotion for limited periods to be determined because of the public interest. Within the limits of ICT services licensees with significant market power may not provide audiovisual communication services. (b) promotion and protection of so-called community networks, ensuring that your operating conditions respond to technical, economic and social needs community in particular. (c) establishment of incentives for the deployment of infrastructure regional and strengthening of actors local such as: allocation of funds of the service universal, easily in the access to the financing and the investment, ease of access to programs of works public, advantages tax, service of advice in matter of technology and innovation, between others. (d) establishment of asymmetries regulatory as universal instruments aimed at the development of effective competition, by determining a set of rights and duties different one provider for another, even if both acting in the same geographic market providing equivalent services in, among other assumptions, the conditions for the entry of new providers, for the establishment of limits on the concentration and the expansion of the service area.
ARTICLE 95. -Regime for inbound providers of audiovisual communication services market. The Federal Authority for Audiovisual Communication Services shall determine the conditions of entry into the market of audiovisual communication services of providers and licensees of ICT that are included in the provisions of articles 9 and 10 of this Act. For that purpose, shall take into account: to) if the license was required for the provision of TV services by subscription and there is another provider in the same service area, the enforcement authority of law 26.522, in each case, must carry out a comprehensive assessment of the application that includes the interests of the people and https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 2 request a binding opinion from the National Commission for protection of competition to establish the conditions which must act in the award of the license. ((b) for the purposes of obtaining the license of audiovisual communication services, the applicant in addition to complying with the provisions laid down in law 26.522, correspond, must agree to promotion periods referred to in subparagraph a) of article 94 of this law.
ARTICLE 96. -Except them exceptions expressly referred in the present law, in what refers to them licenses of services of communication audiovisual will be of application the Law 26.522 and its provisions complementary, that will be applicable to them licensees of services of ICT that provide services of communication audiovisual, to their societies controlled, linked or in which have participation, as thus also and its shareholders in the societies that they have direct or indirect participation without prejudice to the competent authority in each case.
ARTICLE 97. -Entry into force. This law shall enter into force as from the day of its publication in the official bulletin of the Republic of Argentina.
ARTICLE 98. -Communicate to the national executive power.
GIVEN IN THE HALL OF SESSIONS OF THE CONGRESS ARGENTINE, IN BUENOS AIRES, TO THE SIXTEEN DAYS OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND FOURTEEN.
-REGISTERED UNDER NO. 27.078 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Lucas Chedrese. -John H. Estrada.
Date of publication: 19 / 12 / 2014 https://www.boletinoficial.gob.ar/pdf/linkQR/Wm55VVZ3WS9IOEZycmZ0RFhoUThyQT09 3