JULY 02, 2024

Liberalization of mobile telephony, Internet and cable prices

CIRCULARS

TMT (Telecoms, Media, Technology) department report | Liberalization of mobile telephony, Internet and cable prices

The Resolution No. 13/2024 (the “Resolution” – available only in Spanish here) of the National Communications Agency (“ENACOM”), published on June 27th in the Official Gazette, establishes the abrogation of several ENACOM Resolutions that limited the increase of retail prices by licensees of information and communications technology services (“ITC Services”). These, together with access to telecommunications networks for and among ICT Services licensees, had been declared essential and strategic public services in competition by DNU No. 690/2020.

The issuance of the Resolution and the consequent repeal of the aforementioned ENACOM Resolutions are a consequence of the recent issuance of DNU No. 302/2024, dated April 9, 2024, which repealed DNU No. 690/2020.

DNU No. 302/2024 mentioned in its recitals that “ICT Services have been created in competition (…) being an essential faculty for their development and growth the possibility for licensees to freely set their prices” and that “… DNU No. 690/2020 establishes an essential modification on the legal framework of the sector, which must be corrected in order to safeguard the rules that allow the development of a competitive market and the free setting of prices for the services provided”.

It should be recalled that DNU No. 690/2020 established that the application authority would regulate the prices of essential and strategic public ICT Services in competition, including subscription broadcasting services by means of physical or radioelectric link and fixed or mobile telephone services, in any of their modalities, later extending its application to subscription satellite television services.

The Resolution abrogates the following resolutions:

  • ENACOM Resolution No. 1466/2020 (available only in Spanish here).
  • ENACOM Resolution No. 27/2021 (available only in Spanish here).
  • ENACOM Resolution No. 28/2021 (available only in Spanish here).
  • ENACOM Resolution No. 203/2021 (available only in Spanish here).
  • ENACOM Resolution No. 204/2021 (available only in Spanish here).
  • ENACOM Resolution No. 862/2021 (available only in Spanish here).
  • ENACOM Resolution No. 2187/2021 (available only in Spanish here).
  • ENACOM Resolution No. 725/2022 (available only in Spanish here).
  • ENACOM Resolution No. 1754/2022 (available only in Spanish here).
  • ENACOM Resolution No. 2393/2022 (available only in Spanish here).
  • ENACOM Resolution No. 2494/2022 (available only in Spanish here).
  • ENACOM Resolution No. 557/2023 (available only in Spanish here).
  • ENACOM Resolution No. 323/2021 (available only in Spanish here).

We remain at your disposal for any additional information you may need.

Emilio Beccar Varela

Florencia Rosati

Mariana Lamarca Vidal

Martín Beccar Varela