National Telecom Regulatory Authority (ENACOM) Resolution No. 367/2020.
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TMT Department report | National Telecom Regulatory Authority (ENACOM) Resolution No. 367/2020
Dear Sir or Madam,
On May 4th, 2020, Resolution No. 367/2020 of the ENACOM (the “Resolution”) was published in the Official Gazette, through which certain measures were established for companies providing fixed, mobile, Internet and cable TV services, for radio or satellite link (the “Providers”), within the framework of Decree No. 311/2020 (the “Decree”) and its regulations approved by Resolution No. 173/2020 (the “Regulatory Resolution”) of the Ministry of Productive Development.
The Resolution establishes:
1. The obligation of the Providers to provide ENACOM, within 3 days from the effective date of the Resolution: a) the list of all users as of March 26, 2020, who are subject to cuts or suspension with the cause in the non-payment or have notices of cut in progress and their invoices have expired as of March 1 of the current year, and b) the list of all users with contracted prepaid service, who have made any recharges in the months of February and/or March of the current year, clarifying that the Providers may not suspend or cut the service for lack of payment of those users who are not included in the lists mentioned above by virtue of the Regulatory Resolution.
2. The obligation of the Providers to inform ENACOM, within 15 days from the effective date of the Resolution, of the prices established for the mandatory reduced services in Article 1 of the Decree, disaggregated by type of service. The prices of the reduced services must be communicated to the users through the invoices, the institutional web pages, and social networks that the Providers use.
3. The obligation of the Providers to inform ENACOM, within 15 days from the effective date of the Resolution, the terms and conditions and/or modalities of the payment plans and the communication process, which they must make available of the users.
The payment plans offered: a) must provide for the possibility of being payable in at least three equal and consecutive monthly payments, and b) may not provide for late payment, compensatory or punitive interests, or any other penalty.
The Resolution also implemented a form so that users can request access to the benefits of the Decree and the Regulatory Resolution, in case of default or notice of court due to non-payment.
This form will be accessible at www.formularioenacom.gob.ar and may only be completed by a) private users who are not included in the cases provided for in Article 3 of the Decree, having to prove a decrease of 50% or more in their ability to pay, b) taxpayers of categories C and D, proving a decrease of 50% or more in their monthly billing from the entry into force of Decree N°297/2020, and c) civil associations constituted as neighborhood clubs, retirement centers, development companies, and cultural centers that request to be included within the benefits provided in Articles 1 and 2 of the Decree.
The Providers must give adequate advertising to the provisions of the Decree regarding the services they provide so that users can make inquiries and/or request inclusion in the regime.
The total or partial non-observance of the obligations by the Providers will be sanctioned as a serious infringement.
Please, do not hesitate to contact us should you require any additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati