Normative Alert: Amendments to the licensing regime of subscription-based broadcasting licenses for non-profit public service providers
TMT (Telecommunication, Media and Technology) Deparment Report | Normative Alert: Amendments to the licensing regime of subscription-based broadcasting licenses for non-profit public service providers.
Dear All:
On June 26, 2025, Decree No. 433/2025 (the “Decree“, available only in Spanish here) was published in the Official Gazette, introducing significant amendments to Law No. 26,522 on Audiovisual Communication Services (the “SCA Law“) and Law No. 27,078 on Information and Communication Technologies, also known as the Argentina Digital Law (the “ICT Law“) with the purpose of simplifying the licensing process for certain actors in the sector.
Covered Entities
The changes introduced by the Decree apply to the following actors (the “Covered Entities”):
-Non-profit organizations that hold a license, concession, or permit to provide a public service.
-Providers of fixed or mobile telephone services that fall under Section 94 of the ICT Law.
Elimination of the opposition process
Prior to the Decree, when a Covered Entity applied for a new license to provide audiovisual communication services or subscription-based broadcasting, the National Communications Agency (ENACOM) was required to verify whether there were other service providers already operating in the same area. ENACOM then had to publish the application in the Official Gazette and on its website, allowing third parties to file objections.
If an objection was filed, ENACOM had to request the intervention of the National Antitrust Commission, which would issue a binding opinion on the conditions under which the applicant could operate.
This procedure was established in Section 30 of the SCA Law and Section 95 of the ICT Law. Under the new Decree, this opposition process has been eliminated, thereby streamlining the licensing procedure.
Consolidation and Retention of Regulatory Requirements
The Decree also amends Section 30 of the SCA Law to remove the specific requirements that non-profit organizations had to meet in order to obtain a license for subscription-based broadcasting services.
These requirements were eliminated by virtue of the fact that, according to Decree No. 267/15, subscription-based broadcasting services are now part of the Information and Communication Technology services, regulated by the ICT Law. Consequently, the requirements that these subjects must meet are now centralized in Section 95 of the ICT Law, which practically replicates what was established in Section 30 of the SCA Law.
Effective Date
The changes came into force on June 26, 2025, the date of the Decree’s official publication.
We remain at your disposal for any additional information you may consider necessary.
Yours sincerely