Telecommunications Regulation. ARGENTINA Marval, O'Farrell & Mairal

Transcription

1 Telecommunications Regulation ARGENTINA Marval, O'Farrell & Mairal CONTACT INFORMATION Alberto J. Rivera Marval, O'Farrell & Mairal Av. Leandro N. Alem 928, 7th Floor 1001 Buenos Aires, Argentina What is the name and nature of the regulatory body(ies) in your jurisdiction? To which bodies (if any) are decisions appealed? The Secretary of Communications (Secretaría de Comunicaciones or Secom) is the regulatory authority and the National Communications Commission (Comisión Nacional de Comunicaciones or CNC) is the technical and controlling authority. The Secom reports to the Ministerio de Planificación Federal, Inversión Pública y Servicios. 2. Has your jurisdiction adopted the WTO Basic Telecommunications Agreement? If yes, with what exceptions, if any? Yes, under Law No. 25,000 of July 22, The only exception is for the provision of satellite facilities for geostationary satellites for the Fixed Satellite Service, which shall be granted on a reciprocity basis. 3. Are operators in your jurisdiction privately or publicly/state owned?

2 Privately, except for a company which provides satellite services named AR-SAT which is publicly owned. 4. What are the primary differences between the regulation of wire line, wireless, satellite, cable and VoIP providers? Mainly, providers which require use of spectrum to provide their services shall also request an authorization for the use of said spectrum which, in general, shall be granted on a "precarious" (revocable) basis and subject to certain conditions (and in certain cases to an auction or bidding process). On the other side, wireline providers shall only require a telecommunications services license to provide their services, which is granted on demand. Cable providers are regulated under the broadcasting regulations and regulatory authority. 5. Are broadcasters regulated separately from telecoms? Yes, they are regulated separately from telecoms. Broadcasters are subject to the regulations of the Broadcasting Law No. 22,285, as amended and regulated and to the supervision of the Federal Broadcasting Committe (Comité Federal de Radiodifusión or COMFER). 6. How are satellite earth stations and submarine cable landings regulated? Satellite earth stations must be approved by the CNC under Resolution CNT 1913/95. The provision of infrastructure to telecom providers requires obtaining a telecommunications services license from the Secom under Section 7 of the Licensing Rules approved under Annex I of Decree 764/ How is the radio spectrum generally regulated? Regulation of the radio spectrum is subjet to the Rules for the Administration, Management and Control of the Radio Spectrum approved under Annex IV of Decree 764/ Are any operators granted exclusivity? No (other than any exclusivity for the use of certain spectrum under the bidding terms for the same).

3 9. Are anti-competitive practices subject to regulation or general competition (e.g., antitrust) laws? They are subject to the Antitrust Law No. 25,156 and the Antitrust Authority (Comisión Nacional de Defensa de la Competencia or CNDC). 10. What services have been liberalized or designated as competitive services? According to the Licensing Rules approved under Annex I of Decree 764/2000 all telecommunications services have been liberalized. 11. Are there regulated tariffs or price lists? If so, for what types of services? Not for deregulated services. Certain tariffs from the incumbent operators shall be subject to specific regulations. 12. Are there restrictions on foreign investment in any types of communications companies? If so, what are the restrictions? Acoording to the LIcensing Rules approved under Annex I of Decree 764/2000 there is no restriction whatsoever for foreign investment in any type of telecommunications company. However, the Media Companies Law approved under Law No. 25,750 of July 4, 2003 establishes a certain restiction for Internet Access Providers (ISPs) so that foreign ownership shall be limited to 30% of its direct and indirect voting shareholding, with certain exceptions thereto. 13. What are the approval processes for mergers and acquisitions? Do these vary by type of operator? These would depend on the rules applicable to each type of operator. In general, any direct or indirect change of control or transfer of the license would require prior authorization from the Secom, with a prior opinion from the CNC. It shall also be subject to approval from the Antitrust Authority. 14. Is interconnection between carriers mandatory? Yes, according to the National Interconnection Rules approved under Annex II of Decree 764/ Are interconnection fees/rates regulated? Yes, they are suject to the National Interconnection Rules approved under Annex II of Decree 764/2000.

4 16. Must carriers make available network components to competitors? If so, what are fees/prices based on cost, or market rates? Yes, in accordance to the Licensing Rules approved under Annex I to Decree 764/2000. In general, in accordance to market rates. 17. Is there an obligation to serve all customers? If yes, is there a fund to subsidize eligible carriers? Which carriers contribute to the fund? Which carriers are eligible to receive these funds? Are broadband services subsidized or otherwise promoted through tax or other incentives? Universal service obligations are regulated under the Universal Service General Rules approved under Decree 558/ Are there mandatory requirements to customer agreements (subscriptions, etc.)? No, but depending on the type of services, certain agreements are registered with the CNC. They are also subject to consumer protection regulations. 19. Are there any general or telecommunication specific requirements as to data retention? There are comprehensive regulations regarding data protection and certain specific rules regarding data retention depending on the specific matter. 20. Is number portability mandatory? If so, for which types of carriers (e.g., wireline, wireless, voice over internet protocol)? Yes, but it has not been implemented yet (mid 2009). It is expected to be implemented by Is equal access dialing selection mandatory? If yes, for which types of carriers? Dialing selection is mandatory for long distance telephony providers. 22. Is access or other contributions ( ADCs ) required of new entrants? No. 23. Is VoIP regulated? If yes, to what extent? VoIP is not specifically regulated.

5 24. Are any major changes to telecommunications laws expected in the near future? Number Portability is expected to be implemented during A new Broadcasting Law is currently under review (mid 2009). 25. Is resale of telecom services permitted? If yes, is this activity regulated? What is the process to become a reseller? Are foreign companies permitted to be resellers? Yes. Resellers must obtain a telecommunications services license under The Licensing Rules approved under Annex I of Decree 764/2000.