Continuance of the obligation for contributions by TIC service licensees to the Universal Service Trust Fund
TMT (Telecoms, Media and Technology) Department Report | Continuance of the obligation for contributions by TIC service licensees to the Universal Service Trust Fund.
Dear All,
On January 15th, 2025, ENACOM Resolution 3/2025 (the “Resolution”, available only in Spanish here) was published in the Official Gazette. The Resolution establishes the obligation for licensees of Information and Communication Technologies (“TIC”, for its acronym in Spanish) services to continue financing the Universal Service Trust Fund through investment contributions.
Decree 6/2025 (the “Decree”, available only in Spanish here), published in the Official Gazette on January 6th of the same year, stipulates in Article 3 the dissolution of the aforementioned Fund. In response, Telefónica Móviles de Argentina S.A. (“TMA”) had opposed the continuation of the contributions.
However, the sixth recital of the Decree states that “the public policy of guaranteeing access to the Universal Service (…) remains in force, and therefore, the obligation to make the investment contributions provided for” continues. This investment, as set forth in Article 21 of Law No. 27,078, corresponds to 1% of the total revenues accrued from the provision of TIC services covered by that law, net of taxes and applicable levies.
As a result, the Resolution provides the following in its first article: “[i]n order to ensure the public policy of guaranteeing access to the Universal Service, which remains in force under the terms of Decree 6/2025, TIC service licensees must continue making the contribution in accordance with the methods and mechanisms currently in place”.
We remain at your disposal for any additional information you may consider necessary.
Yours sincerely,