The ENACOM (National Telecommunications Entity) which is under intervention, eliminated all regulations that capped internet, cell phone and cable rates. The institution eliminated the regulations of the previous administration of Claudio Ambrosini that set a limit for companies for increases of 5% and up to 10% monthly.
The decision was made by the auditors Juan Martin Ozores (consultant and former employee of Movistar); and the assistant auditors who are the lawyer with 30 years of experience in state agencies, Patricia Roldan; and the former director of Enacom during the administration of the president Mauricio Macri, Alejandro Pereyra.
Through Resolution 13/2024, the Government repealed the following resolutions:
- ENACOM N° 1,466/2020
- No. 27/2021 (ratified by ENACOM Resolution No. 170/2021)
- No. 28/2021 (ratified by ENACOM Resolution No. 163/2021)
- No. 203/2021
- No. 204/2021 (ratified by ENACOM Resolution No. 588/2021)
- No. 862/2021
- No. 2,187/2021 (ratified by ENACOM Resolution No. 275/2022)
- No. 725/2022 (ratified by ENACOM Resolution No. 1,174/2022)
- No. 1,754/2022
- No. 2,393/2022
- No. 2,494/2022 (ratified by ENACOM Resolution No. 409/2023)
- No. 557/2023
- No. 323/2021.
This decision responds to Decree of Necessity and Urgency (DNU) 302/2024, which annulled the previous DNU 690/2020. The latter had declared ICT services as “essential and strategic public services”, granting ENACOM the power to regulate their rates.
With the new arrangementtelecommunications companies regain the ability to freely set their pricessomething that the regulatory body justifies as necessary to “safeguard the rules that allow the development of a competitive market.”
The resolution, signed by the intervention of ENACOMwill come into force upon its publication in the Official Gazette, marking a significant change in the regulatory policy of the telecommunications sector in Argentina.
ENACOM: why these regulations are eliminated
As the same resolution explains, according to the Office of the Treasury of the Nation “the change in the legal system makes it no longer valid without being completely extinguished.” For this reason it was necessary to issue another resolution “pronouncing its extinction, either by the administration or by justice.”
ENACOM: what role is it fulfilling during its intervention
In another section of the document, they explain that as stated in DNU No. 302/2024 “…ICT services have been created in competition, as well as the provision of mobile communications services, an essential faculty for its development and growth being the possibility that licensees can set their prices freely” 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 fixing of prices for the services provided.”
The objective of ENACOM during its intervention will be to carry out an audit of the management during the Macri government and the actions carried out during the administration will be reviewed. president of Alberto Fernández.
In turn, the Government ordered that a survey and evaluation of the organizational structure of said entity, in order to promote its functional and operational reorganization, in accordance with the powers assigned by Laws No. 26,522 and No. 27,078 and their amendments, seeking to promote its professionalization and efficiency.
Source: Ambito