telecoms and media - argentina - 2011

7/31/2019 Telecoms and Media - Argentina - 2011

1/12

Tm MAn overview of regulation

in 48 jurisdictions worldwide

Contributing editors: Laurent Garzaniti and Natasha Good

2011

Published by

Getting the Deal Through

in association with:

Acedo Santamarina SC

Al Kamel Law Ofce

Barretto Ferreira, Kujawski e Brancher Sociedade

de Advogados (BKBG)

BLP Abogados

Bowman Gilfllan Inc

Carey y Ca Ltda

Cocalis & Psarras

Coelho Ribeiro e Associados

Coulson Harney

Drakopoulos Law Firm

Drew & Napier LLC

Freshfelds Bruckhaus Deringer

Harris Kyriakides LLC

J J Roca & Asociados

Lenz & Staehelin

LG@vocats

Mannheimer Swartling

Matheson Ormsby Prentice

Mintz Levin Cohn Ferris Glovsky & Popeo PC

Moreno Baldivieso Estudio de Abogados

Oentoeng Suria & Partners

Penev LLP

Pradhan & Associates

Seth Dua & Associates

Stikeman Elliott LLP

Sycip Salazar Hernandez & Gatmaitan

The National Broadcasting and Telecommunica-

tions Commission o Thailand

Udo Udoma & Belo-Osagie

Webb Henderson

Wierzbowski Eversheds

Wong Jin Nee & Teo

YangMing PartnersYulchon, Attorneys at Law

Zang, Bergel & Vies Abogados

GCRGLOBAL COMPETITION REVIEW


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Overview Laurent Garzaniti, Natasha Good and Ben Graham Freshfields Bruckhaus Deringer 3

Argentina Pablo Crescimbeni and Maria Laura Barbosa Zang, Bergel & Vies Abogados 7

Australia Angus Henderson, Jessica Gurevich and Chris Taylor Webb Henderson 16

Austria Bertram Burtscher Freshfields Bruckhaus Deringer 28

Belgium Laurent Garzaniti, Hein Hobbelen, Vincent Mussche and Valrie Lefever

Freshfields Bruckhaus Deringer 39

Bolivia Andrs Moreno Gutirrez and Daniel Arredondo Zelada

Moreno Baldivieso Estudio de Abogados 51Brazil Ricardo Barretto Ferreira and Fabio Ferreira Kujawski

Barretto Ferreira, Kujawski e Brancher Sociedade de Advogados (BKBG) 57

Bulgaria Sergey Penev and Svilena Raltcheva Penev LLP 65

Canada David B Elder Stikeman Elliott LLP 75

Chile Alfonso Silva Cubillos and Eduardo Martin Cuadrado Carey y Ca Ltda 85

China Connie Carnabuci and Mark Parsons Freshfields Bruckhaus Deringer 97

Costa Rica Eduardo Calderon, Luis Ortiz, Esteban Alfaro, Jos Monge and Gloriana Alvarado

BLP Abogados 113

Cyprus Michalis Kyriakides and Asrin Daoudi Harris Kyriakides LLC 118

Dominican Republic Sharin Pablo de Roca, Yumari Torres and Deborah Guzmn J J Roca & Asociados 126

Egypt Mohamed Hashish Al Kamel Law Office 133

European Union Laurent Garzaniti, Thomas Janssens and Matthew OReganFreshfields Bruckhaus Deringer 141

France Jrme Philippe and Aude-Charlotte Guyon Freshfields Bruckhaus Deringer 168

Germany Norbert Nolte and Annegret Knig Freshfields Bruckhaus Deringer 182

Greece Alkiviades Psarras and Vassilis Gavrilis Cocalis & Psarras 193

Hong Kong Connie Carnabuci and Mark Parsons Freshfields Bruckhaus Deringer 202

India Atul Dua, Rahul Goel and Anu Monga Seth Dua & Associates 219

Indonesia Noor Meurling, Toby Grainger and Alwin Redfordi Oentoeng Suria & Partners 228

Ireland Helen Kelly, Nina Cummins and Ciara Treacy Matheson Ormsby Prentice 236

Italy Tommaso Salonico and Luca Ulissi Freshfields Bruckhaus Deringer 257

Japan James Wood, Mariko Kobayashi and Takeshi Nakao Freshfields Bruckhaus Deringer 269

Kenya Richard Harney and Kenneth Njuguna Coulson Harney 279

Korea Hee-Woong Yoon, Kum-Ju Son, Seung-Hyuck Han, Kyu-Hyun Kim and Sangwook Daniel HanYulchon, Attorneys at Law 287

Luxembourg Stphan Le Goueff, Herv Wolff and Guillaume Gelle LG@vocats 300

Malaysia Wong Jin Nee and Chong Tze Lin Wong Jin Nee & Teo 307

Mexico Andrs Acedo M and Emmanuel A Crdenas R Acedo Santamarina SC 318

Nepal Devendra Pradhan Pradhan & Associates 326

Netherlands Onno Brouwer, Winfred Knibbeler and Nima Lorj Freshfields Bruckhaus Deringer 335

New Zealand Malcolm Webb and Edward Willis Webb Henderson 344

Nigeria Myma Belo-Osagie and Jumoke Lambo Udo Udoma & Belo-Osagie 352

Philippines Rose Marie M King-Dominguez, Ruben P Acebedo II and Franco G Larcina

Sycip Salazar Hernandez & Gatmaitan 363

Poland Arwid Mednis, Bozena Marciniak and Artur Salbert Wierzbowski Eversheds 370

Portugal Jaime Medeiros and Mnica Oliveira Costa Coelho Ribeiro e Associados 381Romania Adrian Roseti and Marina Dranga Drakopoulos Law Firm 391

Russia Igor Gerber, Roman Churakov and Maxim Osadchiy Freshfields Bruckhaus Deringer 398

Saudi Arabia Gerald Steinke Freshfields Bruckhaus Deringer 416

Singapore Chong Kin Lim and Wei Hao Loh Drew & Napier LLC 425

South Africa Daniel Pretorius, Livia Dyer and Claire Franklyn Bowman Gilfillan Inc 444

Spain Francisco Cantos, Soledad Gmez and Alejandro Mil Freshfields Bruckhaus Deringer 454

Sweden Birn Riese, Martin Gynnerstedt and Mikael Moreira Mannheimer Swartling 466

Switzerland Marcel Meinhardt, Astrid Waser and Judith BischofLenz & Staehelin 475

Taiwan Robert C Lee and Lisa Lin YangMing Partners 484

Thailand Sudharma Yoonaidharma

The National Broadcasting and Telecommunications Commission of Thailand 492

United Kingdom Rod Carlton, Mark Sansom, Manish Das and Olivia CookFreshfields Bruckhaus Deringer 500

United States Bruce D Sokler and Robert G Kidwell Mintz Levin Cohn Ferris Glovsky & Popeo PC 517

Quick Reference Tables 526

Telecoms and

Media 2011

Contributing editors:

Laurent Garzaniti and Natasha Good

Freshfields Bruckhaus Deringer

Business development managersAlan LeeGeorge IngledewRobyn HetheringtonDan White

Marketing managersEllie NotleySarah WalshSarah Savage

Marketing assistants

Alice HazardWilliam Bentley

Subscriptions managerNadine RadcliffeSubscriptions@

GettingTheDealThrough.com

Assistant editorAdam Myers

Editorial assistantsNina NowakLydia Gerges

Senior production editor

Jonathan Cowie

Chief subeditor

Jonathan Allen

Senior subeditor

Kathryn Smuland

SubeditorsChloe Harries

Davet Hyland

Editor-in-chiefCallum Campbell

PublisherRichard Davey

Telecoms and Media 2011

Published byLaw Business Research Ltd87 Lancaster RoadLondon, W11 1QQ, UKTel: +44 20 7908 1188Fax: +44 20 7229 6910 Law Business Research Ltd 2011

No photocopying: copyright licencesdo not apply.

ISSN 1471-0447

The information provided in this

publication is general and may not apply

in a specific situation. Legal advice should

always be sought before taking any legal

action based on the information provided.

This information is not intended to

create, nor does receipt of it constitute, a

lawyerclient relationship. The publishers

and authors accept no responsibility for

any acts or omissions contained herein.

Although the information provided is

accurate as of April 2011, be advised that

this is a developing area.

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CONTENTS


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Za Bl & Vs Aboados ArgentinA

AaPablo Cscmb ad Maa Laua Babosa

Zang, Bergel & Vies Abogados

Communications policy

1 Polcy

Summarise the regulatory framework for the telecoms and media

sector. What is the policymaking procedure?

The Argentine Telecoms Market is mainly open and flexible. Private

investment is fostered; equality and free trade in telecommunicationsindustry are granted. The opening of telecommunications market tocompetition has resulted in a wide variety of services available toconsumers, an increase in productivity due to greater access to infor-mation and technology, and promotion of economic development forthe benefit of the community in general.

Telecoms policy is regulated by the federal government throughlaws of Congress. These laws are then regulated and applied throughExecutive Orders issued by the administration.

The regulatory agencies (see question 44) are in charge of thedetailed application and control of the compliance with telecomspolicy.

The Audiovisual Communications Services Act # 26,522 (ACSA)

was enacted on October 2009, which modified the policy for the tel-ecoms and media. Such enactment was subject to a regulation proc-ess during the first semester of 2010 and derived in the enactmentof the Decree 1225/2010 which regulated the ACSA and defined thetelecoms and media framework.

2 Covc

Has the telecoms-specific regulation been amended to take account

of the convergence of telecoms, media and IT? Are there different

legal definitions of telecoms and media?

With regard to the convergence of telecoms, media and IT (TriplePlay, as known in Argentina), there are currently several companiesaround the country that offer these services in the market and there

are many companies that are trying to obtain the authorisation fromthe control entity with the aim of performing this kind of service andexpanding their activities. The two major telephone companies inArgentina (Telefnica and Telecom) are not allowed to grant theseservices because of the bidding specifications by which the telephonemarket was privatised (among others, section 7.1.1, chapter VII,Decree 62/90 sets forth that the only corporate purpose of these com-panies is the provision of public telecommunication services, exceptfor broadcasting services). Therefore, although these companies haveinvested in the technical and physical elements necessary to provideTriple Play services, they are waiting for a change in the legislationto compete in this new industry.

Telecoms and broadcasting are regulated separately by the Tel-

ecommunications Law 19,798, its Regulatory Decree 764/2000, andby the ACSA, which derogated the previous Broadcasting Act 22,285(BA), respectively, and its Regulatory Decree 1225/2010.

The bill of the ACSA did include the telephone companies intothose which were entitled to provide Triple Play services. However,

after a long lasting debate, it was decided to exclude these compa-nies from the ACSA. Therefore, the ACSA, not only exclude thetelephone companies as public service providers but also sets forthin section 25, d, that: a shareholder of over 10 per cent of the stockof a company which has a licence, concession, or permit to provide amunicipal, provincial or national public service can not be the licen-

see of audio-visual services. Furthermore, the licences of direct satel-lite broadcast and the licences of mobile broadcast have as a grantingand continuance condition to not be accumulated with licences ofother services of different nature or class, such as telecommunica-tions licences (section 46, ACSA).

Therefore, it could be said that although the ACSA has incorpo-rated several features related to convergence and new technologies, itdoes not fully take into account the convergence of telecoms, mediaand IT.

According to Decree 764/2000, telecommunications means:Every transmission, emission or reception of signs, signals, writtenmaterial, images, sounds or information of any nature whatsoeverthrough wire, radio electricity, optical means or other electromag-

netic systems.As defined in section 4 of the ACSA, Audio-visual Commu-nication means the cultural activity whose editorial responsibilitycorresponds to a provider of audio-visual services, or producer ofsignals or content whose main objective is to provide programs orcontent with the aim to inform, entertain or educate the audiencethrough electronic communication nets. It also defines broadcast asthe emission of radio communications to be directly received by thegeneral public. The definition also includes certain complementaryservices (ie, MSO, DTH).

The ACSA incorporates in its new definition all new media plat-forms, the public interest that this activity entails and the incorpora-tion of new technologies that were not mentioned in the previous BAto promote digital literacy and reduce the technological gap.

3 Boadcas sco

Is broadcasting regulated separately from telecoms? If so, how?

The broadcasting sector had been regulated separately from tele-coms. Telecoms are regulated by Law 19,798 from 1972.

Since 1980, the broadcasting sector had been governed by theBA, Decree 286/81 and the corresponding regulations issued thereby.However, on 10 October 2009 the Congress enacted the ACSA whichderogated the BA, and aimed to broaden the reach of the law by includ-ing new technologies. This Act has been regulated by Decree 1225enacted on August, 2010 and before that, by certain decrees which wereissued regarding the constitution of a new control authority: Autoridad

Federal de Servicios de Comunicacin Audio-visual (AFSCA), whichreplaces the Comit Federal de Radiodifusin (COMFER), and regula-tions aimed at achieving an inventory of current licences.

Notwithstanding the foregoing, when matters are related to strictcompliance with technical matters, the National Communications


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Commission (Comisin Nacional de Comunicaciones, the CNC) hasjurisdiction over the broadcasting sector. In addition, as per Decree1225/2010, the ACSA and the CNC will have to create a JointPermanent Regulatory Commitee with the aim of drawing up andupdating the technical standards that regulate the activities as well asapproving the technical projects of the broadcasting stations.

Nevertheless, there is a subsidiary application of the Telecom-munications Law in certain matters, such as the reference for

definitions.

Telecoms regulation general

4 WtO Basc tlcommucaos Am

Has your jurisdiction committed to the WTO Basic Telecommunications

Agreement and, if so, with what exceptions?

On 23 December 1994, Argentina enacted Law 24,425, approvingthe Final Law of the results of the Uruguay Round of the MarrakechAgreement.

On 1 July 1998, Argentina enacted Law 25,000 approving theincorporation of the Fourth Annexed Protocol to the General Agree-ment on Trade in Services (GATS).

Argentina exempted section II of the GATS (Concessions on aMost-Favoured-Nation Basis) for the Telecommunications Services,aiming to foster the development of domestic satellite systems. Inaccordance with the wording of this exception, the provision of satel-lite facilities from the geostationary satellites that operate in the fixedsatellite service shall be authorised provided reciprocity exists.

5 Publc/pva owshp

What proportion of any telecoms operator is owned by the state or

private enterprise?

Telefnica and Telecom Argentina are the telecommunicationsincumbents. Both companies were publicly traded companies, list-ing their stocks both in the New York Stock Exchange (NYSE) and

the Buenos Aires Stock Exchange (BSE) and their capital was 100per cent privately owned. This situation changed due to the nation-alisation of pension funds in Argentina, promoted by the Argentinegovernment in 2008. As a consequence, the Anses (a public entity)became a shareholder of different companies (formerly in the pen-sion funds portfolios) including those in this industry. However, inTelefnicas case, after the acquisition of the 100 per cent of thecapital stock by its parent company on January 2010, the stocks ofTelefnica were delisted from the NYSE and BSE and, consequently,it became a private company.

In Telecoms case, the Integrated Social Security System in Argen-tina owns approximately 21 per cent of TELECOM stock (accordingto the latest financial statements published by Telecom in the Securi-

ties Commission) and the Anses has appointed its own directors onthe company board according to its holdings.

6 Fo owshp

Do foreign ownership restrictions apply to authorisation to provide

telecoms services?

There are no foreign ownership restrictions applicable to the authori-sation to provide any telecoms services.

Pursuant to section 4, subsection 7 of annexe I of Decree764/2000, no restriction whatsoever is set forth for the participationof foreign capitals in the provision of telecommunication services.

Decree 764/2000 also provides that foreign companies shall evi-dence compliance with the provisions of section 118 of the Com-panies Law 19,550 and with the corresponding regulations issuedthereby. Thus, foreign companies must comply with certain registra-tion requirements, but there is no obligation to form a local companyspecifically for the provision of the services or to establish Argentinaas the principal place of business of the foreign company.

Aside from the authorisation required by the AFSCA or SC, asthe case may be, some transactions must be authorised by the anti-trust authority. (see also section 52).

7 Fxd, mobl ad sall svcs

Comparatively, how are fixed, mobile and satellite services regulated?

Under what conditions may public telephone services be provided?

All kinds of telecommunications services (including fixed, mobile andsatellite services) are governed by the telecoms regulatory frameworkin accordance with the Telecommunications Law 19,798, as well asall the corresponding regulations issued thereby.

Specific regulations issued by the CNC and by the Communica-tions Secretariat (SC) are also applicable to these services.

In Argentina, telephone services are considered a public utility.As a consequence, every provider that offers fixed or mobile tel-ephone services, or internet services, shall comply with the provisionsset forth in connection with the development of the Universal Service(as defined in Decree 764/2000). However, there are some exceptionsto this general principle. Universal services comprise a group of tel-ecommunications services that shall be provided with a given qualityand at affordable prices, regardless of the geographic location.

Pursuant to Decree 764/2000, amended by Decree 558/2008(substituting the General Regulations for the Universal ServiceScheme), universal service is defined as a dynamic concept. There-fore, its meaning and content shall be periodically reviewed.

At present, the definition of universal service only includes the ful-filment of basic telephone needs to be performed by the providers.

The Resolution 9/2011 issued by the Communications Secre-tariat (SC) sets forth that the telecommunications companies couldassign or allocate the outstanding debt (accrued from 2000 to 2008)derived from the Universal Services contribution (pursuant to Decree558/2008 that it is equal to 1% of the net incomes to be paid toa trustee fund) to the development of new investment projects foruncovered services areas.

8 Sall facls ad subma cabls

In addition to the requirements under question , do other rules apply

to the establishment and operation of satellite earth station facilities

and the landing of submarine cables?

The establishment and operation of a satellite earth station facilitymust be previously authorised by the CNC.

Any person who wishes to establish a satellite earth station facil-ity shall inform the CNC on the specific use to be given to suchfacility as well as on the kind of licence that person holds (eg, tel-ecommunications licence, broadcasting licence).

The establishment of satellite earth station facilities is regulated

by Resolution 1913/95 issued by the former National Commission ofTelecommunications (currently the CNC). The authorisation for theoperation of satellite earth station facilities is ruled by the Resolution3,609/99 issued by the SC.

No specific rules and regulations exist concerning the landing ofsubmarine cables, except for the general scope given by the UnitedNations Convention on the Law of the Sea (ratified by the Argentin-ian Congress on 17 October 1995 by Act 24,543, which displays,among other things, the right of each state to set their submarinecables beyond their continental shelf (section 112), always takinginto consideration the respect towards already set cables or tubes(section 79)). However, pursuant to section 7, annexe I of Decree764/2000, in the event that a company establishes landing infra-structure and rents it to third parties, the lessor must hold a telecom-

munications service licence.Finally, any company that establishes submarine cable landing

infrastructure shall comply with administrative, municipal and generalrules and regulations in connection with all the necessary authorisa-tions. Environmental impact regulations must also be complied with.


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9 Uvsal svc oblaos ad fac

Are there any universal service obligations? How is provision of these

services financed?

Annexe III of Decree 764/00, amended by Decree 558/08, regulatesthe universal service obligations. The provisions of these services arefinanced by the telecommunication services providers by paying 1per cent of their total income after taxes and contributions, plus anydonations. These amounts are administered by a fiduciary fund cre-ated to this effect. (see question7)

10 Opao xclusvy ad lms o lcc umbs

Are there any services granted exclusively to one operator or for which

there are only a limited number of licences? If so, how long do such

entitlements last?

At present, there is no exclusivity for any telecoms operator inArgentina.

Up to 1989, the Argentine state was the sole provider of tel-ecoms services through the State Company of Telecommunications(ENTel). In 1989, ENTel was privatised, and divided into two pro-viders: Telecom Argentina SA and Telefnica de Argentina SA. Thesetwo companies were granted a period of temporary exclusivity (of

up to 10 years). At the end of 2000, Decree 764/2000 was passedand market deregulation was finally achieved. Therefore, Argentinawas able to comply with its commitments pursuant to the FourthAnnexeed Protocol of the GATS.

On the other hand, the audio-visual services are not grantedexclusively to one operator either. However, the ACSA sets forth amore restrictive number of licences and a shorter duration for suchlicences for instance, the duration of the broadcasting licences isfor 10 years, subject to one-time renewal for the same term. Moreo-ver, the AFSCA has the obligation to revise the requirements of thelicences every two years with the authority to take those licencesaway in case of non-compliance.

11 Sucual o fucoal spaaoIs there a legal basis for requiring structural or functional separation

between an operators network and service activities? Has structural

or functional separation been introduced or is it being contemplated?

Structural separation has not been regulated in Argentina so far.However, pursuant to Decree 764/2000, the SC was empoweredto revise and eventually void this kind of agreement every time itviolates principles of free competition or it is detrimental to users.Although there are precedents that allow this behaviour, this type ofagreement could be considered anti-competitive behaviour in accord-ance with Law 25,156, enabling users to file complaints with theAntitrust National Commission.

12 numb poably

Is number portability across networks possible? If so, is it obligatory?

In accordance with section 30.2 of the Regulatory Decree 764/00,number portability is a right to the user and telecommunications pro-viders are obliged to grant number portability whenever the user: changes from a fixed telephone provider; changes from a mobile phone provider; changes the provider for intelligent net services; and plus other services that may be added by the control authority.

The SC enacted Resolution 98/2010 on 18 August 2010. This Reso-lution sets forth the implementation of number portability over thetelecom services and the providers obligation to grant the foregoingright to their clients. Resolution 98/2010 was complemented by JointResolution 3-8/2011 issued by the SC and the Secretariat of Inter-nal Commerce which established a schedule to perform and developnumber portability with a due date in December 2011.

13 Auhosao mscal

Are licences or other authorisations required? How long does the

licensing authority take to grant such licences or authorisations?

Pursuant to Decree 764/2000, the SC shall grant licences within aperiod that shall never exceed 60 days.

In the event that the petitioner is required to provide furtherinformation or documentation, such term may be extended. Theextended period shall count as of the date of effective submission ofthe required information or documentation.

In practice, the process of obtaining a licence lasts approximatelyfour to six months.

14 Lcc duao

What is the normal duration of licences?

Licences are granted on an open-regime basis, subject to no discrimi-nation whatsoever and on demand (subject to availability).

Pursuant to section 4 of Decree 764/2000, licences are grantedwithout a time limit.

15 Fs

What fees are payable for each type of authorisation?

The ULTS is a single licence that authorises the provision to thegeneral public of any kind of telecommunications service (fixed ormobile, wired or wireless, domestic or international), regardless ofthe possession of infrastructure. Licences are valid in all the nationalterritory.

Pursuant to section 15 of annexe I of Decree 764/2000, in theevent a licence is requested, an application fee of 5,000 pesos shallbe paid.

The licensee shall also pay a control and verification fee thatamounts to 0.5 per cent of the total annual revenue derived from theprovision of services, free of taxes and fees.

In the event that the provision of the telecommunications servicerequires the use of RF frequencies, the corresponding authorisationor permit for the use of such frequencies shall be required.

Pursuant to Resolution 10/95 (issued by the former Secretariat ofEnergy, Transport and Communications), certain fees shall be paid touse the radio electrical spectrum. These fees vary depending on thespectrum width used by each provider. Those fees are expressed inradio electrical appraisal units (RAU), a rate that is used to updateamounts. At present, one RAU amounts to $25.51.

16 Modfcao ad assm of lcc

How may licences be modified? Are licences assignable or able to be

pledged as security for financing purposes?

Once a licence has been granted, if the provider wishes to make anychange in the original service to be provided, such change shall benotified to the SC for its registration. This notification shall be madewithin a period of 30 days before commencement of the provisionof the new service.Pursuant to Decree 764/2000, the provider may assign or transfer thelicence, prior to the corresponding authorisation given by the SC.This authorisation cannot be denied if the assignor: does not have any debt with the Argentine state in connectionwith rates, fees and tariffs; has made the provided investments; has fulfilled the commitments made with the Argentine state and

the requirements or conditions (or both) that its original licenceimposes for the assignment or transfer of such licence, whenappropriate; and

has obtained, when appropriate, the authorisation for the assign-ment of the permit for the use of radio frequencies.


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The assignee shall submit the information required to obtain a licenceand shall state and accept, under sworn statement, that it is informedof and shall comply with all of the assignors obligations, as regardsthe licence being assigned.

In the event that the SC does not previously authorise the assign-ment of the licence, it may declare the licence terminated.

Regarding the pledging of the licence as a source of financing, inpractice shares of the capital stock of corporations that own licences

of telecommunications services may be pledged (ie, the licence itselfis not pledged but the shares of the licensee are pledged).

17 ral affs

Are national retail tariffs regulated? If so, which operators tariffs are

regulated and how?

Incumbent providers are subject to maximum tariffs with respect tofixed telecoms services.

For all other services, either the incumbent or any other provideris free to fix prices according to the services they provide.

18 Cusom ms ad codos

Must customer terms and conditions be filed with, or approved by, the

regulator or other body? Are customer terms and conditions subject to

specific rules?

The CNC is entitled to revise the terms and conditions of the con-tracts executed by and between clients and providers.

Pursuant to SC Resolution 490/97 (section 26), mobile serviceproviders shall submit before the CNC the sample contracts to beexecuted with their clients. Terms and provisions that do not complywith such resolution shall be deemed null and void.

19 nx-ao woks

How are next-generation networks (NGN) regulated?

Next generation networks have not been regulated per se. However,these networks must comply with the regulations applicable to eachof the services that the NGN provides (fixed and mobile telephoneservices and the internet).

The ACSA delegates the conditions for the services of mobiletelevision in the Executive Branch (section 65, Act 26,522).

20 Chas o lcoms law

Are any major changes planned to the telecoms laws?

There is no plan to dramatically change the telecoms framework atpresent.Telecoms regulation mobile

21 rado fqucy (rF) qums

For wireless services, are radio frequency (RF) licences required in

addition to telecoms services authorisations and are they available

on a competitive or non-competitive basis? How are RF licences

allocated? Do RF licences restrict the use of the licensed spectrum?

Both the Unique Licence for Telecommunications Services (ULTS)and the corresponding permit granted by the CNC are needed inorder to make use of the radio spectrum.

Decree 764/2000 (annexe IV) includes the Regulations on RadioSpectrum (RS) Administration, Management and Control.Pursuant to such regulations, RS is an intangible, scarce and limitedresource, the administration of which is a responsibility of the Argen-tine state that cannot be delegated.

Pursuant to section 7, subsection 3 of the Regulations, thedemand for RS shall be met through competitive bidding or ondemand, equitable distribution criteria being applied and the generalinterest being preserved.

In accordance with the ACSA, the administration of the RS shallbe governed by this act through the AFSCA (section 7, Act 26.522).Frequencies shall be assigned within each band, according to the allo-cations registered in the Table of Frequency Allocations in force.

Upon receiving the request for the use of a frequency band, if thenecessary requirements have been met, the frequency band that hasbeen requested shall be published in the official gazette. A 15-dayperiod shall be established in order for third parties to be informed

of the request and, when appropriate, file a complaint with the appli-cable authority.

The authorisation for the use of a frequency band shall begranted through public auctions in the event that there are moreregistered parties than frequency bands available for authorisation. Ifthe former provision does not apply, authorisations shall be grantedon demand.

The authorisations and permits granted for the installation andoperation of radio stations, means or systems, as well as the authori-sations or permits granted for the use of radio spectrum frequencies,shall not be transferred, assigned or leased, totally or partially, with-out prior approval of the CNC.

In case of a lease, both lesser and lessee must have been grantedan authorisation to provide telecommunications services (ie, bothparties shall hold the ULTS).

22 rado spcum

Is there a regulatory framework for the assignment of unused radio

spectrum (refarming)? Do RF licences generally specify the permitted

use of the licensed spectrum or can RF licences for some spectrum

leave the permitted use unrestricted?

Radio spectrum is mainly regulated by the Regulations on RadioSpectrum Administration, Management and Control (Decree764/2000, annexe IV).Because the radio spectrum is an intangible, scarce and limitedresource, its use is restrictive. Therefore, RF licences specify the

permitted use of the licenced spectrum and its administration is anindelegable task of the state.If this is not respected, the Decree sets forth sanctions, one of thembeing the cancellation of the authorisation.

23 Spcum ad

Is licensed RF spectrum tradable?

In accordance with sections 7 and 41 of the ACSA and section 11 ofthe Decree 764/2000, a licensed spectrum cannot be traded withoutthe authorisation of the AFSCA or the SC, both entities in charge ofadministering, allocating, controlling and managing the segments ofRS destined for broadcasting and telecoms services, respectively.

24 Mobl vual wok opao (MVnO) ad aoal oam affc

Are any mobile network operators expressly obliged to carry MVNO or

national roaming traffic?

In Argentina this type of service does not exist yet. Today, it wouldbe considered as an infrastructure rental in conformity with sections7 and 8 of annexe 1 of EO 764/2000.

25 Mobl call mao

Does the originating calling party or the receiving party pay for the

charges to terminate a call on mobile networks? Is call termination

regulated, and, if so, how?

Relationships between providers of mobile services and their clientsare ruled by the contracts entered by and between them. Subsidiarily,

Resolution 490/97 issued by the SC applies.Pursuant to section 1 of Resolution 263/97, issued by the SC,

mobile service providers shall offer their clients the options of MobileParty Pays (MPP) or Calling Party Pays (CPP). In practice, provid-ers mainly offer the latter.


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26 iaoal mobl oam

Are wholesale and retail charges for international mobile roaming

regulated?

No, they are not regulated. Mobile service providers, however, shallfile monthly reports of their service plans and charges with the Com-petition and Consumer Defence Sub-Secretariat (SsDC).

27 nx-ao mobl svcsIs there any regulation for the roll-out of 3G, 3.5G or 4G mobile

services?

The specific roll-out of third-generation mobile services has not beenregulated yet.

Telecoms regulation fixed infrastructure

28 Cabl woks

Is ownership of cable networks, in particular by telecoms operators,

restricted?

Pursuant to the ACSA, the following restrictions are applicable tocable networks:

paid TV licences shall be limited in number and in the percentageof market shares;

the maximum number of licences owned by one person will be24;

the suitability and the experience in the industry will be takeninto consideration for the granting of a licence. Those who havebeen part of a military government will be excluded from thepossibility of owning a licence; and

there is an obligation to reserve 33 per cent of the radio spectrumfor non-profit entities; and

telecoms are not allowed to hold audio-visual licences in accord-ance with section 25(d) of the ACSA, given that it is a require-ment in order to be eligible for a licence not to be the holder of

10 per cent of the shares of any company which has a licence,concession or permit to grant a public service.

29 Local loop

Is there any specific rule regarding access to the local loop or local

loop unbundling? What type of local loop is covered?

Pursuant to Decree 764/2000, providers shall provide other provid-ers with an access identical to that offered to clients and users.

Pursuant to the regulatory framework in force, providers shallshare access infrastructure (if technically viable) in order to guaranteecompliance with the free-access principle.

30 icoco ad accssHow is interconnection regulated? Can the regulator intervene to

resolve disputes between operators? Are wholesale (interconnect)

prices controlled and, if so, how? Are wholesale access services

regulated, and, if so, how?

Interconnection is regulated by the National Interconnection Regu-lations (NIR) (Decree 764/2000, annexe II). Principles, rules andregulations of Interconnection Agreements between providers areset forth in the NIR. Interconnection shall, in general, be governedby the principles, procedures and provisions of the NIR, and in par-ticular by the Interconnection Agreements executed by and betweenthe parties. The terms and provisions of such agreements shall neverbe discriminatory and shall never violate the rules and regulations

set forth in the NIR.The SC shall have authority to resolve and interpret all matters

concerning application of the NIR. The SC has jurisdiction on theconflicts between providers.

General principles of the NIR are set forth in section 6. Among

other things, providers are free to agree on interconnection prices,terms and conditions. Prices shall be fair, reasonable and non-dis-criminatory. Agreements shall not state technical conditions imped-ing or delaying interconnection or making it difficult.

Pursuant to the NIR, all providers shall be interconnected; enti-tled to ask for interconnection, and requested providers shall grantit; entitled to obtain technical or economic conditions equal to thoseoffered to providers requiring similar facilities, regardless of the serv-

ice they provide; and entitled to establish reciprocal compensationsfor the origination, transport and termination of communications.

Interconnection agreements cannot include provisions thatimpose on providers discriminatory conditions or prevent providersfrom freely offering and marketing to other providers the servicesallowed by interconnection.

Interconnection agreements shall be submitted and filed withthe SC within 10 days of their execution. Agreements shall alsobe published in the Official Gazette. As of the date of publication,agreements may be observed by providers or by third parties thatcan demonstrate their interest. If the 30-day period has expired andobservations have not been made, agreements are deemed to havebeen approved. If agreements have been observed, the dispute shallbe solved within a 30-day period once prior notification to the partiesconcerned has been given.

Notwithstanding the foregoing, the SC may require an amend-ment in the interconnection agreement in the event that its terms andprovisions do not comply with the rules and regulations in force.

Telecoms regulation internet services

31 i svcs

How are internet services, including voice over the internet, regulated?

Decree 764/2000 regarding telecommunications regulation appliesto the provision of internet services. However, the government nei-ther controls nor regulates the information available on the internet.Some specific issues regarding the subject are regulated separately by

Decree 1279/97, which seeks to ensure that internet content is notsubject to control that would make it discordant with the freedom ofspeech principle enshrined in the Argentine Constitution. In addition,software is protected under the Intellectual Property Law 11,723.The Consumer Protection Law 26,361 is applicable to goods andservices offered through the internet. The Personal Data ProtectionLaw 25,326 is also applicable to the internet. There is no regulationregarding voice over the internet so far.

32 i svc povso

Are there limits on an internet service providers freedom to control or

prioritise the type or source of data that it delivers?

As mentioned above, the internet service providers have a genericlimit related to the Personal Data Protection Law 25,326, but thismatter has not been specifically legislated on yet.

33 Fac of boadbad ad ngA woks

Is there a government financial scheme to promote broadband

penetration?

The EO enacted Decree 512/2009 on 5 May 2009 to start up theStrategy of Digital Agenda for the Republic of Argentina. Thepurpose of such a decree was for the improvement, development andcoordination of the Information and Communication Technolo-gies and their incorporation and expansion in society as a whole.

As part of this project, the EO issued Decree 1552/2010 creat-ing the National Telecommunications Plan Argentina Connected,having as its main objectives the digital inclusion, the radio spectrumoptimization, the development of Universal Service, the research incommunications technologies and the promotion of competition.


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Media regulation

34 Owshp scos

Is the ownership or control of broadcasters restricted? May foreign

investors participate in broadcasting activities in your jurisdiction?

Pursuant to section 25 of the ACSA, broadcast licences shall begranted to individuals (Argentine citizens) or companies duly incor-porated in Argentina. Likewise, the broadcasting licensees stock shall

not have any corporate affiliation or relationship with, or be undercontrol of, any foreign broadcasting or media companies; they cannot issue stock or bonds that grants the participation of third partiesin the corporate will; and the companies must be able to evidencewhere the funds have come from.

Moreover, pursuant to section 29 of the ACSA and the Preserva-tion and Conservation of Cultural Goods Law, 25,750, enacted inJune 2003, the participation of foreign investors in communicationmedia companies in Argentina, (including among other mediacompanies as defined in Law 25,750 the broadcasting licensees),is limited to 30 per cent of the media company voting stock.

Nevertheless, pursuant to section 2 of Law 25,750, this percent-age may be higher if the investors in media companies come from

countries that have executed reciprocal investment protection treatieswith the Republic of Argentina.

35 Coss-owshp

Are there any regulations in relation to the cross-ownership of media

companies, including radio, television and newspapers? Is there any

suggestion of change to regulation of such cross-ownership given the

emergence of new media platforms?

No restrictions exist in connection with cross-ownership of newspa-pers, and with radio and television companies.

On the other hand, pursuant to section 45 of the ACSA, a com-pany may hold multiple broadcast licences, as follows.

Nationally, one company may hold up to: one licence of services on satellite support; ten licences of audio-visual services (radio, air TV, subscription

with the use of the spectrum) plus the registration of one contentsignal;

24 radio or television subscription with physical links licencesin different coverage areas provided, however, that the numberof licences held does not imply the granting of services to 35 percent of the population or clients that subscribe to this service.

Locally, one company may hold up to: one radio licence; one television licence, as long as the licensee does not hold a

complementary service licence; and

one complementary service licence (eg, cable or satellite licences),as long as the licensee does not hold a television licence.

At all times, the amount of licences held locally can not be morethan three.

36 Lcs qums

What are the licensing requirements for broadcasting, including the

fees payable and the timescale for the necessary authorisations?

Pursuant to section 32 of ACSA, in order to be granted a licence acompany must: be legally constituted inside the country; not be linked to, or be a subsidiary or branch of, any foreign

broadcasting company; not hold 10 per cent or more of the stock of a company that

provides any public service.

The licences are granted by the AFSCA on the grounds of suitabilityand compliance with the specifications of the public bidding.

The whole process of being granted a broadcast licence may takefrom eight to 18 months with the prior proceeding from the previ-ous control authority.

37 Fo poamms ad local co qums

Are there any regulations concerning the broadcasting of foreign-produced programmes? Do the rules require a minimum amount of

local content? What types of media are outside of this regime?

The ACSA sets forth in its section 65, that air television must broad-cast at least 60 per cent of the local content and at least 30 per centself produced including local news shows; also, 50 per cent of chil-dren programmes aired must be nationally produced. Paid televisionmust include a minimum of one signal of local production for eachlicence held.

Furthermore, section 67 of the ASCA establishes that air televi-sion must broadcast at least eight national movies per year in orderto encourage national film production.

In practice, broadcast channels exhibit all their programming in

Spanish (as its original language) or dubbed into Spanish. Cable andsatellite operators air their programming in their original language,dubbed into Spanish or subtitled, as the case may be.

38 Advs

How is broadcast media advertising regulated? Is online advertising

subject to the same regulation?

The ACSA sets forth, as a general principle, that television licenseesmay exhibit up to 12 minutes of advertising per hour of transmission,and paid television licensees up to eight minutes.

In addition, although the broadcast legal framework tends to beopen, certain restrictions exist such as public health, advertisementsfor children, the protection of the language and avoidance of sublimi-

nal messages, among others. The ACSA has created a new registerfor advertisement companies. All the companies that are not regis-tered may not be hired by broadcasting companies for the productionof advertisements. Pursuant to Decree 1225/2010, section 82, theadvertisements contracting shall be subject to the provisions of Law24.240 (Consumers Act) and Law 25.156 (Antitrust Law).

39 Mus-cay oblaos

Are there regulations specifying a basic package of programmes that

must be carried by operators broadcasting distribution networks? Is

there a mechanism for financing the costs of such obligations?

Complementary service licensees shall include in their programming

free-to-air television signals of the primary area of service.Pursuant to section 74/76 of the ACSA, licensees shall broadcastcertain announcements that may be deemed relevant to the com-munity in general. Such announcements shall be determined by theexecutive branch on a restrictive basis (eg, emergency situations).

40 Chas o h boadcas laws

Are there any changes planned to the broadcasting laws? In particular,

do the regulations relating to traditional broadcast activities also apply

to broadcasting to mobile devices or are there specific rules for those

services?

The ACSA was enacted in 2009 and introduced certain modificationsto the broadcasting market that were detailed in this report. As a

consequence of the enactment of the ACSA, further regulations maybe issued in the short term.In accordance with section 65 of the ACSA broadcasting throughmobile devices will be regulated by the executive branch opportunely.At present, such regulation has not been issued.


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41 rulao of w mda co

Is new media content and its delivery regulated differently from

traditional broadcast media? How?

The online content is not yet regulated by a specific law, and is notclearly developed in the ACSA.

42 Dal swchov

When is the switchover from analogue to digital broadcasting requiredor when did it occur? How will radio frequencies freed up by the

switchover be reallocated?

The EO 1148/2009 creates the Argentinian Digital System (SATVD-T) based on the ISDB-T system, after signing several agreements withBrazil and Japan. There is a 10-year period foreseen for this systemto be implemented and analogue TV to be abandoned, which startedin the city of Buenos Aires last year.

43 Dal fomas

Does regulation restrict how broadcasters can use their spectrum

(multichannelling, high definition, data services)?

Pursuant to section 93 of the ACSA, the broadcasters shall maintaintheir rights and obligations granted by their licence during the transi-tion period between the analogical and digital system, as long as thecontent that they broadcast remains the same.

According to Decree 1148/2009, which created the ArgentinianDigital Terrestrial Television System and Decree 364/2010, whichestablished the procedure and technical support to implement the dig-ital terrestrial television system, the transition period from analogical todigital formats was established as ten years as of September 2009.

As a consequence of the foregoing, the Republic of Argentinahas been going through a migration system process during whichthe licensees and authorised providers that operate non-satellite dig-ital services, fixed or mobile should keep a portion of the transportcapacity of the assigned radio frequency or radio channel, for thebroadcasting defined as universal scope by the EO.

Considering that the aforesaid regulations tend to the incorpora-tion of new technologies and the expansion of new segments in theradio spectrum, it should allow the incorporation of new broadcast-ers providers.

Regulatory agencies

44 rulaoy acs

Which body or bodies regulate the communications sector? Is the

telecoms regulator separate from the broadcasting regulator?

Telecoms and Broadcasting services are supervised and regulated byseparate agencies.

The SC, CNC and Technical Coordination Secretariat (SCT; cur-rently the Secretariat for Internal Commerce (SCI)), reporting to theMinistry of Economy and Finance, are the three basic institutions incharge of the application of telecommunications policies.

The SC, reporting to the Ministry of Federal Planning, PublicInvestment and Services, assists the executive branch in the develop-ment, proposal and execution of policies in telecoms matters, super-vising its performance and proposing regulations; enacts regulationsconcerning telecoms users rights and obligations; grants licences tothe providers; and coordinates the execution of policies in telecomsmatters set by the executive branch.

The CNC -which replaced the former National Telecommunica-tions Commission- was created by Decree 660/1996 and controls

telecoms, operates as a decentralised governmental agency under thesupervision of the SC and manages compliance with the obligationsundertaken by each provider.

On the other hand, the SCI is in charge of, among other mat-ters, overseeing the operations of telecoms providers to ensure that

antitrust law is effectively complied with. In addition, telecoms userscomplaints shall be filed with the SsDC but are sent to the CNC,which has jurisdiction to solve them.

The broadcasting sector is supervised by the AFSCA, an inde-pendent agency reporting directly to the executive branch. Not-withstanding this, some technical proceedings shall be filed with theCNC. AFSCA issues television and radio operating licences to pro-viders and monitors and enforces the broadcast contents.

45 esablshm of ulaoy acs

How is each regulator established and to what extent is it independent

of network operators, service providers and government?

Telecoms regulatory agencies were established by Decree 245/96 (SC)and Decree 1185/90 (CNC). The SC is currently under the scope ofthe Federal Planning, Public Investments and Services Ministry.

Broadcasting regulatory agency -ACSCA- was established byLaw 26.522 and Decree 1525/2009. The ACSCA is currently underthe scope of the Executive Office.

Regulatory agencies are independent from network operatorsand service providers.

46 Appal pocdu

How can decisions of the regulators be challenged and on what

bases?

Decisions of the AFSCA, the CNC and the SC can be challenged orappealed by several administrative proceedings set forth mainly in theAdministrative Proceedings Law 19,549 and its regulatory Decree1759/72, as well as by judicial proceedings. As a general principle,the appellant may choose to file the appeal through administrativeor judicial proceedings depending on the circumstances; however,resolutions of the SC must be appealed before the minister of federalplanning, public investments and services in order to exhaust theadministrative proceedings before filing a judicial claim.

47 icpo ad daa poco

Do any special rules require operators to assist government in certain

conditions to intercept telecommunications messages? Explain the

interaction between interception and data protection and privacy laws.

Pursuant to section 18 of the Telecommunications Law 19,798, thetelecommunications correspondence is private and such privacy shallnot be violated. The interception shall only be ordered by a com-petent judge. Law 25,873 was regulated by EO 1563/04 until theissuance of EO 357/05, which suspended the application of suchEO, which sets forth that the personal data of the users must beavailable to the secretary of intelligence of the state and the provider

of the services must obtain the respective resources and keep themconfidential. In the leading case Halabi, Ernesto c/PEN, the SupremeCourt settled that these provisions were infringing sections 18 and19 of the Argentine constitution, which preserves the citizens rightto intimacy and privacy when authorising the interception of internetand telephone communications without any given cause.

Pursuant to the National Intelligence Law 25,520, in the eventthat interception of private calls is needed, the corresponding judicialauthorisation shall be requested.

Section 45 bis of Law 19,798 (as amended) sets forth the obli-gations of providers regarding the interception of communications.Thus, providers shall have all the necessary resources (including spe-cific hardware and software) in order to intercept and derive thebroadcasted communications in the event that either the judicial

branch or the prosecutors requires them. All the expenses incurredin the fulfilment of these obligations shall be exclusively borne byproviders.

Providers shall also record the communications made by clients,as well as clients personal information. This information may be


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consulted by either the judicial branch or the prosecutors, and shallbe kept for 10 years. Recent precedents have declared the unconsti-tutionality of the aforementioned obligation.

48 Daa o ad dsclosu oblaos

What are the obligations for operators and service providers to retain

customer data? What are the corresponding disclosure obligations?

Will they be compensated for their efforts?

See question 47.

49 Usolcd commucaos

Does regulation prohibit unsolicited communications? Are there

exceptions to the prohibition?

The matter has not been regulated nationally yet. Pursuant to Reso-lution 338/2001, the SC has adopted a proceeding in order to drafta Bill in connection with the Regulatory Framework of AdvertisingCommunications by e-mail. In addition, certain institutions and enti-ties have been invited to collaborate with the draft, such as lawyersassociations, software companies and universities, among others.

However, the Bill has not been enacted yet.In addition, a judgment (dated April 2006) by a first instancecourt has held spam as illegal. The cause of this judgment was ahabeas data case brought by two lawyers in 2003. These lawyerspetitioned that their personal data be removed from a companysdatabase. This judicial decision became a precedent in spam mattersin Argentina.

Furthermore, the City of Buenos Aires has enacted Law 2014,which enables the inscription of telephone (either fixed or mobile)owners to register their number in order to avoid being offered goodsor services by companies by phone.

Competition and merger control

50 Compo ad lcoms ad boadcas ulaoWhat is the scope of the general competition authority and the

sectoral regulators in the telecoms, broadcasting and new media

sectors? Are there mechanisms to avoid conflicting jurisdiction? Is

there a specific mechanism to ensure the consistent application of

competition and sectoral regulation? Are there special rules for this

sector and how do competition regulators handle the interaction of

old and new media?

See question 44 for the respective scope of jurisdiction of each of thegovernmental agencies mentioned.

There is no specific mechanism to ensure the consistent applica-tion of competition and sector-specific regulations.

In the event a conflict of jurisdiction among authorities arises,governmental bodies often seek the advice of the National AttorneyGenerals Office, pursuant to Law 12,954, section 6.

51 Compo law h lcoms ad boadcas scos

Are anti-competitive practices in these sectors controlled by regulation

or general competition law? Which regulator controls these practices?

Antitrust practices in telecoms and broadcasting sectors are regulatedby the Antitrust Law 25,156, but also by the resolutions of the SCthat include provisions on antitrust issues. Antitrust Law is applicableto any public or private company, to individuals, to profit-pursuingorganisations and to non-profit pursuing organisations developingeconomic activities throughout the Argentine territory.

The Antitrust Law is also applicable to the same persons whenthey perform such economic activities abroad, insofar as their acts,activities or agreements may produce an effect on the national mar-ket. The SCI controls antitrust practices, and the CNDC carries onthe proceedings.

52 Jusdcoal hsholds fo vw

What are the jurisdictional thresholds and substantive tests for

regulatory or competition law review of telecoms sector mergers,

acquisitions and joint ventures? Do these differ for transactions in

the broadcasting and new media sectors?

In addition to rules and regulations set forth in Decree 764/2000, theAntitrust Law is applicable.

Pursuant to section 1 of the Antitrust Law, acts and behavioursthat are related to the manufacture or interchange of services andgoods shall be forbidden if such acts or behaviours are intended tolimit, restrict, simulate or distort either competition or access to themarket; or constitute an abuse of a dominant position.

According to the Antitrust Law, section 6, economic concentra-tion means: company mergers;

transfer of ongoing concerns; acquisition of ownership of capital stock or bonds that may

allow the purchaser to influence the issuers decisions; or any law whatsoever that transfers to a person or to a holding the

assets of a company, or that grants any strategic influence on thefinancial decision-making processes of a company.

Pursuant to section 7 of the Antitrust Law, economic concentrationsintended to restrict or distort competition, resulting in harm to thegeneral interest, are forbidden.

Section 8 of the Antitrust Law sets forth that all acts mentioned insection 6 shall be notified to the Court of Competition Defence(TDC)for their analysis and authorisation, if necessary when the total

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amount of the volume of business of the affected holding exceeds200 million pesos.

Although the Antitrust Law has provided for the formation ofthe TDC, it has not been constituted yet. Until the formal creationof the TDC, the National Antitrust Commission (CNDC) has tem-porary jurisdiction on these matters. The CNDC reports to the SCIand comprises one president and four voting members. This lack ofconstitution has created many conflicts of competence.

53 M cool auhos

Which regulatory or competition authorities are responsible for the

review of mergers, acquisitions and joint ventures in the telecoms,

broadcasting and new media sectors?

See question 52.

54 Pocdu ad mscal

What are the procedures and associated timescales for review and

approval of telecoms and broadcasting mergers, acquisitions and joint

ventures?

As explained in question 51, anti-competitive practices in telecomsand broadcasting sectors are regulated by the Antitrust Law.

This law sets forth special proceedings for mergers and acqui-sitions. As a general principle, mergers and acquisitions shall benotified to the TDC or CNDC (until the TDC is created) whenthe total business volume exceeds a certain threshold. The TDC orCNDC shall resolve within 45 days of the filing of the notificationand respective documentation. If this term expires and the TDC orCNDC has not notified its decision, the merger or acquisition shallbe considered as tacitly approved. If a merger or acquisition impliesregulated economic activities by a regulatory agency, the TDC orCNDC is compelled to request an opinion from the regulatoryagency before a decision is made. The regulatory agency shall issueits opinion within 90 days.


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