Decree No. 302/2024
In brief
By means of Decree No. 302/2024, published in the Official Gazette on 10 April 2024 (“Decree“), the National Executive Branch (PEN for its acronym in Spanish) amends Argentine Digital Law No. 27,078 (“Law“) and repeals Decree No. 690/2020.
In focus
The Decree’s main purpose is to free the market and to develop Information and Communication Technology Services (“ITC Services“), allowing licensees to freely set prices, which shall be fair and reasonable; cover the operation costs; and aim at efficient provision and a reasonable operating margin.
Decree No. 690/2020 had: (i) introduced certain amendments to the Law by means of which it had declared ITC Services and access to telecommunication networks as “essential and strategic public services in competition,” the prices of would be regulated by the regulator; and (ii) suspended the increase or modification of prices and obliged the regulator to establish the mandatory universal basic provision of licensees.
Specifically, the Decree: (i) repeals Decree No. 690/2020 and article 15 of the Law; and (ii) replaces articles 48 and 54 of the Law. These amendments entail the elimination of the following:
- Public service nature of ITC Services — leaving Basic Telephone Services as the only public service
- Power of the regulator to regulate prices
- Mandatory universal basic service provision
Although the Decree establishes that ITC Services are not a public service, it reaffirms the classification of ITC Services as essential and strategic, given that they represent a fundamental pillar for economic and social development, and highlights the state’s commitment to ensure their free development and a greater supply of quality services.
