The National Communications Entity (ENaCom) approved an increase in the 5% retroactive to July for fixed telephony, mobile telephony, internet and subscription television.
By means of the Resolution 862/2021 published this Wednesday in the Official Gazette, with the signature of the head of the agency Claudio Ambrosini, it was established in the first article that licensees of mobile communications services may apply “an increase, retroactive to July 1, 2021 and up to a 5%, in the value of the retail prices of any of its plans in the postpaid and mixed modalities; taking as a reference its current and authorized prices “.
Likewise, the regulation sets the maximum value of the recharge price of 50 MB of mobile data per day at $ 25, with taxes included, and at $ 0.38, with taxes included, the maximum value of the price of the second voice. While the maximum value of the SMS price for mobile services in the “pure prepaid” mode will be $ 5 with taxes included.
In accordance with article 3, licensees of internet services, fixed telephony, broadcasting by subscription through physical and radioelectric link and subscription licensees through satellite link may also increase the value of all your retail prices up to 5% retroactive to July 1, taking as reference the current values.
In the resolution, the ENaCom established that any increase on retail prices that had been applied by the licensees and that exceeds the expressly authorized values must be reimbursed to its users in the next invoice, with updating and interest subject to the same interest rate. that apply to their clients for late payment of invoices.
At the beginning of June, the Board of the Entity had resolved that ICT services would have an increase of 3% in the month of June 2021 and 5% in the month of July 2021, but the measure was never effective because it was not published in the Official Gazette.
Also, at that time, a new rate review had been stipulated for December 1, 2021. Consequently, the prices of July services were to be valid until November 30, 2021 inclusive.
Consequently, for mobile telephony services, the increases that had been authorized from January 1, 2021 to November 30, 2021 could not exceed 23%.
The agency had even announced that from the December 2021 review it was going to develop an indicative formula that will include a fair, equitable and reasonable price. However, these points were not included in the decree.
At the end of February, Enacom had resolved that cell phone companies could rise 7.5% and an additional 2.5%, in February and March; and those of pay TV, internet and fixed telephony, between 5% and 7.5%, as of March.
This new rate schedule authorized by the ENaCom was announced after the Justice suspended last May the application of the Decree of Necessity and Urgency (DNU) that declared essential public services and freeze prices of cellular telephony, fixed telephony, Internet and pay TV, since these regulations imposed conditions that restricted the provision of these services under competitive conditions.
The precautionary measure issued by the Federal Administrative Litigation Chamber maintained that the DNU issued by President Alberto Fernández in August of last year changed the legal and economic equation of the companies that provide telecommunications services, since being a sector that was in competition, their income was affected and the provision of said services was compromised, especially since there are other alternative tools to guarantee them in the middle of the coronavirus pandemic.
The ruling arose from a request submitted by Telecom (a company 40% owned by CVH, a company owned by the shareholders of the Clarín Group), requesting the suspension for that company of the DNU of telecommunications, together with the resolutions of the National Communications Agency (ENaCom), which applied said DNU.
As argued at the time, DNU 690 and the three ENaCom resolutions imposed “obligations on service providers” that “substantially affect the economic-financial equation taken into consideration at the time of authorizing the benefits and granting concessions,” said the Federal Chamber.
Last month, the Justice once again suspended the application of the presidential DNU
from a claim from Telecentro and DirecTV.