On 2 January 2017, the Executive Branch published Decree 1340/2016 in the Official Gazette which aims at regulating the convergence between the provision of 'audiovisual services' and 'information technology and communications services' - IT/C services (hereinafter, the Decree). The convergence of the services before mentioned would basically allow telephone companies to offer TV/cable services, and vice versa.

Through its 13 articles, the Decree "implements the legal baseline to achieve a greater degree of convergence of networks and services in competitive conditions, promote the deployment of next generation networks and the penetration of broadband internet access throughout the National territory."

With regard to the convergence of services, the Decree establishes that licensees of the services aforementioned shall be able to initiate the provision of convergent services as of 1 January 2018 within certain territories, although they can start the procedures for registration of the services with the regulatory authority as of 30 December 2016.

Regarding tariffs, the Decree states that "until the interconnection price determination systems of the National Interconnection Regulation are implemented, average regional prices in Latin America will be considered for similar functions and facilities, corrected by parameters that are fit to the conditions of the sector, as determined by the regulatory authority."

It is worth mentioning that on 29 December 2015 the National Executive Branch had transferred the supervisory powers of the audiovisual media services (regulated by the Media Law No. 26,522) and the information and communications technology services (regulated by Law Argentina Digital No. 27.078), which were previously supervised by independent regulatory authorities, to a single enforcement authority created by Decree No. 267, known as the "National Entity of Communications" (ENACOM).

The Decree establishes that the Ministry of Communications and the ENACOM will dictate the complementary or clarifying rules necessary for a better application of the rules before mentioned.

Read the Decree (only available in Spanish)

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