Audiovisual Media Law

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Audiovisual Media Law in ArgentinaHow does its
impact in the telecomunications evolution?

• TP 9 - GROUP 1
• Order of Exposure
• Mauricio Boiko
• Hernan Carulli
• Ignacio Lombardi
• Juan Martin Balan

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Audiovisual Media Law in Argentina

• Law 26,522 of Audiovisual Communication Services
  establishes guidelines governing the operation of
  the radio and television media in Argentina. This
  legislation was enacted on October 10, 2009 by
  President Cristina Fernandez de Kirchner and
  replaced the Broadcasting Law 22.285, which was
  enacted in 1980 by the military dictatorship of
  self-styled National Reorganization Process and
  had remained in force ever since.

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Comparison of the Broadcasting Act and the
current Law on Audiovisual Communication Services
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Law 22.285/1980Preview Law Audiovisual Communication Services Actually Law
Purpose of regulation Only open services (radio and TV) and the oldest complementary systems such as Community Antenna regulated. The regulation is so old that is considered to FM radios as "New Technologies". The purpose of the initiative is to provide legal framework for all the Audiovisual Communication Services regardless of support used for transmission. Free access to new technologies allow the establishment of safeguards to protect pluralism and diversity of all audiovisual productions.
Freedom of expression It is limited by the needs of national security. Current law permits restrictions on freedom of expression based on this ground. Universal human right is guaranteed the right to information and freedom of expression as provided for in 13 of the American Convention on Human Rights. Involving the right to receive and impart information and ideas and research. Human Rights Treaties are an essential part of the spirit of this proposal.
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Enforcement authority The agency that regulates radio and TV is composed of military, intelligence and business. The agency that regulates the Audiovisual Communication Services will be led by a team of representatives of the national legislature, the second and third minority and representatives of the Executive college. One Multisectoral and Participatory Council composed of representatives of the Universities, Associations nonprofit is established.
Argentine labor protection, and local works. Argentine work is not protected and local production is not encouraged. Is guaranteed and protected local work. 70 of domestic production on the radio and on TV 60 will be required.
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Licensees Broadcasting could only practice as activity for profit. The amendments made during the 90s horizontal concentration facilitated via the admission of multimedia and the appearance of holdings. Just in 2005, Congress allowed the corporations nonprofit be broadcast licensees, but with some restrictions. Access to non-profit entities will be allowed. Will be reserved to non-derogable, 33 of the spectrum for legal persons nonprofit such as associations, foundations, mutual funds, etc.
Monopolies and oligopolies Monopolies and oligopolies media are welcome. The State has a subsidiary participation, as it can only serve unprofitable for private geographic areas. The formation of monopolies and oligopolies be prevented. Pluralism spectrum and Communication services will be promoted. The national government, the provinces, the Autonomous City of Buenos Aires, and the municipalities have assigned frequencies.
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Production of educational content or to children Producing educational content for children is not encouraged. And the production of educational content for children will be encouraged. Advisory Council on Media and Children will be established to ensure compliance with these objectives.
Quality of information Limits the quality of information dissemination are established, which must be accurate, objective and timely. These limits are used to restrict freedom of expression. Polyphony of information and opinions in accordance with the provisions of the covenants of Human Rights will be promoted.
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Public media Only subsidiary condition is expected. Universities must hold licenses for commercial exploitation on TV. One was expected to ATC ??as a commercial enterprise. Universities will be allowed to have stations without restriction or obligation to be commercial companies. State media system with democratic goals, and with community participation and social control is proposed.
Television signals Pay TV signals are not regulated parties, so do not meet Argentine law as child protection or tax in our country. Breaches of the signals are the responsibility of the distributed and not who produces or sells. The TV signals are regulated. It is expected that the responsibilities are assumed by the content owners and not those only provide access facilities. From the point of view of technological advances is justified given the emergence of new actors in the value chain.
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New technologies Headed for obsolescence in concept, this law was born "old". The technological advances of the past three decades indicate the anachronistic law currently in force. New technologies are considered an essential tool to ensure plurality and diversity of voices. Universal access will be promoted to narrow the digital divide and promote technological literacy. Related to audiovisual media services flexibly is made, and technological neutrality. For the first time the redistribution of knowledge via the use of new technologies sponsors.
National Cinema It is not intended Payment of an National Cinema Display will be established, as they have made ??countries like France or Brazil.
Control rates for subscription service A price system of payments services is not established. Establish a social rate.
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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• The impact on the evolution of current
  technologies in telecommunications citing
  articles 84 to 96, Title 4 of the law will be
  analyzed.
• CHAPTER I - Enabling and regularity of services
• Article 84 - Beginning of the transmissions
• Subject Awardees of licenses and authorizations.
  
• Period not exceeding 180 days to compliment
  technical requirements.
• Enabled by the Federal Authority of Audiovisual
  Communication Services (AFSCA).
• Even the act of authorization, the publication of
  advertising is prohibited.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Article 85 Regularity
• Subject Owners of audiovisual media services and
  signal recording.
• Regularity and continuity of transimisiones.
• Compliance schedules programming.
• Communicate to AFSCA.
• Article 86 - Minimum Transmission Time
• Subject Open Services Licensees and holders of
  subscription services in your signal.
• Adjust its transmission in a continuous and
  permanent at the following times minimum per day

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications
Area  Radio TV
Primary service area of SIX HUNDRED THOUSAND (600,000) or more people Sixteen (16) hours Forteen (14) hours
Primary service area between HUNDRED THOUSAND (100,000) and SIX HUNDRED THOUSAND (600,000) people Forteen (14) hours Ten (10) hours
Primary service area between THIRTY THOUSAND (30,000) and ONE HUNDRED THOUSAND (100,000) people Twelve (12) hours Eight (8) hours
Primary service area between THREE THOUSAND (3,000) and THIRTY THOUSAND (30,000) people Twelve (12) hours Six (6) hours
Primary service area of less than THREE THOUSAND (3,000) people Ten (10) hours Six (6) hours

• CHAPTER II - Technical regulation of services
• Article 87 - Installation and operation.
• Subject The open audiovisual media services
•   and / or make use of radio spectrum.
• Installation and operation according to National
  Standard of Services
•   (Technical Parameters and Quality of Service).
• Hardware and civil works are presented in
  accordance with the technical project.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Article 88 - National Service Standard
• Subject The AFSCA and the respective technical
  authority
• Creation and modification of the standard
• a) International Treaties
• b) National Communications Policy
• c) Use of radioelectric spectrum
• d) Geomorphological conditions
• If radio compatibility and feasibility verified,
  may award
• radioelectric location not covered by the
  standard.
• Frequency plan technical standards and technical
  services available on the website of the AFSCA.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 89 - RF spectrum distribution
• In order to develop a technical frequency
  plan, the Autoridad Federal de Servicios de
  Comunicación Audiovisual should save the
  designated frequencies, considering the
  possibility to extend the designation of
  frequencies in order to let new technologies
  arise that would lead to a better distribution of
  the radioelectric spectrum
• a)For the National government the necessary
  frequencies will be saved in order to guarantee
  the compliment of the objectives of the Radio y
  Televisión Argentina Sociedad del Estado and all
  its repetitors to cover every corner of the
  nation.
• b)For every Province and the Ciudad Autónoma de
  Buenos Aires some frequencies should be saved in
  order to cover their hole territory.This are one
  frequency for broadcast audio transmission in
  amplitude modulation (AM), another frequency for
  broadcast audio transmission in frequency
  modulation (FM), and a frequency for open
  television.
• c)For every local municipal government one
  frequency for audio transmission in frequency
  modulation(FM) should be saved.
• d)In every place where there is a national
  university, one frequency for open television and
  one frequency for broadcast audio transmission
  in frequency modulation (FM) should be saved. The
  competent authority can give additional frequency
  for educational, research or scientific purposes.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 90 - Technical parameters modification
• The application authority of this law, by
  application of the national law of service, in
  addition with the authorities of
  Telecommunication applications, are allowed to
  change the technical parameters of the
  communication stations without affecting the
  service in the surrounding area without any
  aditional payback for the original owner.
• In the oficial notification that comunicates
  the modification of the particular technical
  parameter, the time frame to aply the te change
  should always be given, this time frame will
  never be less than one houndred and eighty days
  (180) days.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 91 - Peer to peer link regulation
• The hiring of the transportation of peer to
  peer signals between the provider of the signals
  and the licensee, should be between the technical
  norms and regulations and in disposition of the
  terms in the agreement reached by the two parts.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 92 - New technologies incorporation
• The incorporation of new technologies and
  services that are not available at this time will
  be determined by the Poder Ejecutivo Nacional
  following this guidance.
• a) Adequate the use of the radioelectric
  spectrum and technical norms with the countries
  members of the Mercosur and the region II of the
  International Telecommunications Union (ITU).
• b) The determination of new segments of the
  radioelectric spectrum and technical norms that
  assure the sufficient capacity for the
  reallocation of the total providers, considering
  that this new technology will bring plurality and
  new services providers. The new licenses will be
  offered in equitative conditions and without any
  discrimination
• c) The Autoridad Federal de Servicios de
  Comunicación Audiovisual (AFSCA), with
  intervention of the technical authorities, can
  allow experimental emissions for research and
  development of technological innovations, which
  does not grant any rights for future use. The
  designated frequencies should be released
  immediately if required by the application
  authorities.
• d) The reallocation of the transmitters can not
  afect the conditions of the competition in the
  area covered by the license, without considering
  the incorporation of new transmitters as
  mentioned in the b) point of this article.
• e) In the case of the presence of dominant
  positions in the market of existent services, the
  authority should give preference to new services
  and markets to new participants in such
  activities.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art 93 - Transition to digital services
• The terms of issue during the transition will be
  regulated through the National Digital plan
  audiovisual media services.
• Must be approved by the executive within 180
  days.
• This plan shall provide that licensees authorized
  to operate fixed or mobile no satellite or
  digital services should reserve a portion of the
  total transportation capacity assigned to the
  emission of content defined as "universal" by
  regulation to radio channel dictated by the
  Executive Branch.
• To this end, future regulatory technical
  standards and service should be directed to the
  system of radio spectrum in accordance with the
  guidelines set international bodies for the use
  of the digital dividend after completion of the
  process of migration to new services.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 94 Charges
• The holders of audiovisual media services, taxed
  proportional to the amount of tax corresponding
  to the traditional advertising and marketing of
  non-traditional programs, bookmarks, content,
  subscriptions and all other items related to the
  operation of these services gross sales.
• They will be taxed at the rates set forth in the
  "Other Services" revenues from the realization by
  the audiovisual media service of contests,
  sweepstakes and other activities or practices of
  a similar nature, except those organized by
  government agencies.
• The record holders taxed signal proportional to
  the amount of tax corresponding to the marketing
  and advertising spaces of any kind, content
  broadcast on any of the services covered by this
  law gross turnover.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 95 Billing
• The audit, control and verification of the tax
  established in this Title or fees imposed by
  extension eventually will permit by the
  enforcement authority via the Federal
  Administration of Public Revenue, subject to the
  laws 11,683
• The Banco de la Nacion Argentina transferred in
  daily amounts that apply as provided in Article
  97.
• The limitation of actions to determine and
  require payment of the tax, interest and the
  updates provided by this law, as well as the
  action for recovery of the tax, will operate five
  (5) years from 1 January following the year in
  which the redemption of the bond or income tax
  occurs.

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Technical Aspects of Law - Impact on the
Evolution of Telecommunications

• Art. 96 Calculation for payment of Lien
• Determines the amount of tax under various
  categories and percentages.
• Category A services delivery area in the
  Autonomous City of Buenos Aires.
• Category B services with delivery area in cities
  with six hundred thousand (600,000) or more.
• Category C services delivery area in cities with
  less than six hundred thousand (600,000)
  inhabitants.
• Category D services delivery area in cities with
  less than one hundred thousand (100,000)
  inhabitants.