Argentina - New Regulation of MVNOs
On 25 April 2016, the Ministry of Communications issued Resolution No. 38/2016, which establishes
a new regulatory regime for Mobile Virtual Network Operators ("MVNOs"), revoking the 2014 version
by means of Resolution No. 68/2014. In accordance with the Argentine Digital Law No. 27,078, which
declares networks as being vested with 'public interest' and obliges telecom operators to share
networks and infrastructure with other players in the industry, Mobile Network Operators ("MNOs")
are required to allow MVNOs to use their networks and infrastructure.
For such purpose, MNOs shall annually submit - in their official website and in the regulator's website
- the terms of engagement for contracting with MVNOs. Interested MVNOs can initiate negotiations
with MNOs. If negotiations are successful, MNOs and MVNOs shall enter into a service agreement
which shall include certain terms provided by local regulations. On the contrary, if after a certain
period of time no agreement is reached, any of the parties is entitled to request the intervention of the
regulatory authority, who will then evaluate the case and establish the terms of the agreement.
The agreements between MNOs and MVNOs shall be registered with the applicable authority and a
summary of its terms must be published in the parties' and regulator's official websites.
MVNOs have the following obligations:
• to obtain a license known as "Licencia única Argentina Digital" and subsequently register as
an MVNO with the regulatory authority.
• to comply with payments of fees and mandatory filings with the regulatory authority applicable
to mobile telecommunication service providers.
• to comply with local number portability requirements, in the event that MVNOs apply for
assignation of numbers.
• to provide the services in accordance with the quality standards set forth by the regulatory
authority. MVNOs will be liable against clients for the services provided and subject to
applicable penalties set forth for mobile telecommunication service providers, regardless of
the liability that MNOs may incur as a result of the quality of their own network.
For more information, please contact Guillermo Cervio, Roberto Grane, Francisco Fernandez
Rostello, Sofia Canavessi, Martin Roth or Juan Francisco Thomas.