30 May 2017 07:00
GRUPO CLARIN S.A.
ENACOM registers agreements with Nextel, a subsidiary of Cablevision S.A.
On 26 May 2017, Grupo Clarín S.A. (the "Company") informed the Argentine Securities Commission and the Buenos Aires Stock Exchange that Cablevisión S.A., a subsidiary of Cablevisión Holding S.A. (the spun off company that resulted from the Company's reorganization process), had supplemented the information published on 7 March 2017 and informed that the National Communications Agency ("ENACOM") had issued Resolution No. 3909-E/2017, whereby it registered the agreements entered into by that agency and Nextel Communications Argentina S.R.L. ("Nextel"), a subsidiary of Cablevisión S.A. The agreements set forth the terms, conditions, targets and other matters inherent to the rendering of Advanced Mobile Communication Services (SCMA) in the authorized frequency bands that correspond to the project for Refarming with Economic Compensation and Shared Use of Frequency that was approved under EXPENACOM file No. 2,392/17. The agreements give effect to the information that was published on 7 March 2017.
Attached as Exhibit A is a free translation of the relevant parts of ENACOM Resolution No. 3909-E/2017.
Enquiries:
In Buenos Aires:
Agustín Medina Manson / Patricio Gentile
Grupo Clarín
Tel: +5411 4309 7215
Email: investors@grupoclarin.com
In London:
Alex Money
Jasford IR
Tel: +44 20 3289 5300
Email: alexm@jasford.com
In New York:
Melanie Carpenter
I-advize Corporate Communications
Tel: +1 212 406 3692
Email: clarin@i-advize.com
Exhibit A
MINISTRY OF COMMUNICATIONS
NATIONAL COMMUNICATIONS AGENCY
Resolution 3909-E/2017
City of Buenos Aires, 16/05/2017
HAVING REVIEWED File No. 2,392/17 of the registry of this NATIONAL COMMUNICATIONS AGENCY, Law No. 27,078, Decree No. 764 dated as of 3 September 2000, Decree No. 267 dated as of 29 December 2015, Decree No. 798 dated as of 21 June 2016, Decree No. 1340 dated as of 30 December 2016, Resolution No. 171 - E of the MINISTRY OF COMMUNICATIONS dated as of 30 January 2016, Resolutions Nos. 1033 and 1034, both dated as of 17 February 2017 of the NATIONAL COMMUNICATIONS AGENCY, Resolutions Nos. 1299 and 1956 dated as of 6 and 27 March 2017, respectively, of the NATIONAL COMMUNICATIONS AGENCY; and
WHEREAS
[Recitals intentionally omitted]
Now, therefore,
THE BOARD OF DIRECTORS OF THE NATIONAL COMMUNICATIONS AGENCY
RESOLVES:
ARTICLE 1º.- Let the Agreement attached as Exhibit IF-2017-08818737-APN-ENACOM#MCO to the ELECTRONIC GENERATOR OF OFFICIAL DOCUMENTS, which, in its entirety forms an integral part of this Resolution, be registered.
ARTICLE 2º.- Let the Agreement attached as Exhibit IF-2017-08820759-APN-ENACOM#MCO to the ELECTRONIC GENERATOR OF OFFICIAL DOCUMENTS, which, in its entirety forms an integral part of this Resolution, be registered.
ARTICLE 3º.- Let the approved release, attached as Exhibit IF-2017-0899792-APN-ENACOM#MCO to the ELECTRONIC GENERATOR OF OFFICIAL DOCUMENTS, which, in its entirety forms an integral part of this Resolution, be published in the Official Gazette of the Republic of Argentina.
ARTICLE 4º.- Let this Resolution be communicated, delivered to the NATIONAL DIRECTION OF OFFICIAL REGISTRY and filed. - Miguel Angel De Godoy.
EXHIBIT III
RELEASE
On 12 April 2017, the NATIONAL COMMUNICATIONS AGENCY (C.U.I.T. 30-71512040-9) and the company NEXTEL COMMUNICATIONS ARGENTINA S.R.L. (C.U.I.T. 30-67877531-9), within the framework of Article 13 of ENACOM Resolution No. 1299-E/17, entered into two agreements whereby [the parties] set forth the terms, conditions, targets, obligations and other matters inherent to the rendering of Advanced Mobile Communication Services (SCMA) in the authorized frequency bands that correspond to the project for Refarming with Economic Compensation and Shared Use of Frequency that was approved under EXPENACOM file No. 2,392/17. In conformity with the Reference Value set forth under Article 9º and the discounts and weighting factors set forth under Article 11, both of ENACOM Resolution No. 1299-E/17, [the parties] determined that NEXTEL COMMUNICATIONS ARGENTINA S.R.L. shall pay the NATIONAL COMMUNICATIONS AGENCY the sum of THIRTY MILLION SIX HUNDRED FIFTY SIX THOUSAND FOUR HUNDRED TWENTY FOUR UNITED STATES DOLLARS (USD 30,656,424), at the sellers exchange rate quoted by BANCO DE LA NACIÓN ARGENTINA SOCIEDAD ANÓNIMA on the business day immediately preceding actual payment, in the Autonomous City of Buenos Aires. Payment must be made within thirty (30) calendar days of the execution of the Agreement. In guarantee of the fulfilment of the coverage obligations and of the obligation to return the spectrum that were assumed [under the Agreement], NEXTEL COMMUNICATIONS ARGENTINA S.R.L. shall post, in favour of the NATIONAL COMMUNICATIONS AGENCY within fifteen (15) business days of the execution hereof, performance bonds for up to ONE HUNDRED MILLION SEVEN HUNDRED THIRTY ONE THOUSAND SIX HUNDRED THIRTY ONE UNITED STATES DOLLARS (USD 101,731,631). Let it be known that the negotiation documents are filed under EXPENACOM File No. 2392/17, and may be consulted by those evidencing a subjective right or a legitimate interest, at the seat of this NATIONAL COMMUNICATIONS AGENCY located at calle Perú 103 of the Autonomous City of Buenos Aires, during opening hours from 10.00 to 16.00.
IF-2017-08997927-APN-ENACOM#MCO
Note: Exhibits IF-2017-08818737-APN-ENACOM#MCO and IF-2017-08820759-APN-ENACOM#MCO, which are part of this Resolution, are not published.
e. 24/05/2017 No. 35172/17 v. 24/05/201