23 Aug 2010 07:00
GRUPO CLARIN S.A.
Argentine Communications Secretariat Issues Resolution No. 100/2010
On 19 August 2010, Grupo Clarín S.A. (the "Company") informed the Argentine Securities Commission and the Buenos Aires Stock Exchange that on that same date, the Argentine Communications Secretariat notified Fibertel S.A. ("Fibertel") of the issuance of Resolution SC No. 100/2010 ("Resolution 100"). Pursuant to Resolution 100, the Communications Secretariat declared that the License for the rendering of nationwide Data Transmission services, Personal Notice (Aviso a Personas), Videoconference, Community Repeater, Broadcasting Signal Transport, Value Added services, Radio Link Concentration services, Local Telephony and Public Telephony granted pursuant to Resolution No. 83 of 7 February 2003, had been forfeited. Attached hereto is a free translation of the relevant sections of Resolution 100.
Cablevisión S.A. ("Cablevisión"), a subsidiary of the Company, absorbed Fibertel effective as from 1 April 2003 by virtue of a merger process that was registered with the Inspección General de Justicia--the only agency with exclusive powers relating to corporate registrations. As a result of the merger, Cablevisión became the universal successor of all assets, rights and obligations of Fibertel as merged company, including the Exclusive License granted pursuant to Resolutions Nos. 100/96, 2375/97, 168/02 and 83/03 of the Communications Secretariat. In other words, Fibertel did not transfer its rights and obligations to a third party. Fibertel's business activities continue under the surviving company, Cablevisión, as provided under applicable laws and in accordance with the principles that govern the legal framework of telecommunications.
The measure-which has no legal or factual grounds whatsoever-is another act of harassment and persecution against Cablevisión and penalises its subscribers and consumers by attempting to restrict their freedom of choice. For these reasons, Cablevisión will continue to render its internet service as usual, while exercising all administrative and judicial actions to defend its legitimate rights and to protect the continuity of its service with the highest technology, as it has done to date. In that regard, Cablevisión will proceed to challenge this measure, considering that it can prove in every instance that the merger that was completed and reported was carried out in accordance with applicable law, and that therefore Cablevisión is the lawful successor of the license that had been duly granted to Fibertel.
Enquiries:
In Buenos Aires:
Alfredo Marín/
M. Julia Díaz Ardaya/Romina Vázquez
Grupo Clarín
Tel: +5411 4309 7215
Email: investors@grupoclarin.com
In London:
Alex Money/Lorna Ellen
Temple Bar Advisory
Tel: +44 20 7002 1080
Email: clarin@templebaradvisory.com
In New York:
Melanie Carpenter/Peter Majeski
I-advize Corporate Communications
Tel: +1 212 406 3692
Email: clarin@i-advize.com
FREE TRANSLATION
Buenos Aires, 19 August 2010
Having reviewed File No. 33,257/1996 of the Registry of the former National Telecommunications Commission, a decentralised entity of this Communications Secretariat, then under the jurisdiction of the National Presidency,
[RECITALS INTENTIONALLY OMITTED]
THE COMMUNICATIONS SECRETARY
HEREBY DECIDES:
SECTION 1º.- The License for the rendering of nationwide Data Transmission services, Personal Notice (Aviso a Personas), Videoconference, Community Repeater, Broadcasting Signal Transport, Value Added services, Radio Link Concentration services, Local Telephony and Public Telephony granted to the company FIBERTEL SOCIEDAD ANÓNIMA pursuant to Resolution No. 83 of 7 February 2003, issued by this Communications Secretariat, then under the jurisdiction of the Ministry of Economy, is hereby declared forfeited.
SECTION 2º.- The measure adopted under Section 1º shall be effective as from 15 January 2009.
SECTION 3º.- We hereby grant a term of NINETY (90) days, counted as from the date of notification of his resolution, to implement the measures necessary to migrate the services rendered under the Licenses that were declared forfeited under Section 1º hereof.
SECTION 4º.- The NATIONAL COMMUNICATIONS COMMISSION, a decentralised entity of the COMMUNICATIONS SECRETARIAT, under the jurisdiction of the MINISTRY OF FEDERAL PLANNING, PUBLIC INVESTMENT AND SERVICES, is hereby charged with the instrumentation, control, oversight and verification of the provisions hereof.
SECTION 5º.- Let the interested party be notified pursuant to Section 11 of the National Law of Administrative Procedures No. 19,549 and in accordance with the terms and to the extent provided under Section 40 and corresponding sections of the Rules of Administrative Procedures Decree No. 1,759/72 T.O. 1991.
SECTION 6º.- Let this Resolution be notified, published, sent to the National Direction of Official Registry and filed.
RESOLUTION SC NO. 100
Signed: Arq. Carlos Lisandro Salas
National Communications Secretary