3 Mar 2016 14:31
GRUPO CLARIN S.A.
National Communications Agency Reviews Decision
On 2 March 2016, Grupo Clarín S.A. (the "Company") informed the Argentine Securities Commission and the Buenos Aires Stock Exchange that its subsidiary Cablevisión S.A. had been served notice of Resolution No. 134, issued by the Argentine ENTE NACIONAL DE COMUNICACIONES (National Communications Agency or ENACOM) on 22 February 2016, whereby that agency admitted, in part, the recourse filed by the Nextel Communications Argentina S.R.L. against Resolution No. 325/15 of the former Federal Authority for Information Technologies and Communications ("AFTIC").
Attached as Exhibit A is a free translation of the relevant sections of Resolution No. 134.
Enquiries:
In Buenos Aires:
Alfredo Marín/Agustín Medina Manson
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
FREE TRANSLATION
"2016 - Year of the Bicentennial of the Declaration of Independence"
134
National Communications Agency
Buenos Aires, 22 FEB 2016
HAVING REVIEWED files No. 5,436 and 5,433, TRICNCACG No. 13/2014, all of them of the register of the former NATIONAL COMMUNICATIONS COMMISSION, a decentralised agency of the former COMMUNICATIONS SECRETARIAT, then dependent of the former MINISTRY OF FEDERAL PLANNING, PUBLIC INVESTMENT AND SERVICES, "Digital Argentina" Law No. 27,078, Decrees No. 764 dated 3 September 2000, and 267 of 29 December 2015, Resolutiosn No. 235 dated 23 July 2001 and 262 dated 15 September 2005, both of the former COMMUNICATIONS SECRETARIAT, then dependent of the former MINISTRY OF FEDERAL PLANNING, PUBLIC INVESTMENT AND SERVICES, and
WHEREAS:
[Recitals 1 - 4 intentionally omitted]
Pursuant to Resolution No. 325, dated as of 24 September 2015, the former FEDERAL AUTHORITY FOR INFORMATION AND TELECOMMUNICATION TECHNOLOGIES (hereinafter also AFTIC) dismissed the requests for extension filed by NEXTEL COMMUNICATIONS ARGENTINA SOCIEDAD DE RESPONSABILIDAD LIMITADA in connection with the awards and authorisations that have expired in the files detailed in its Annex (article 1º).
Under article second of the same resolution [AFTIC] cancelled the use of pairs of channels in the Radioelectic Service of Concentration of Links (hereinafter also SRCE) detailed in the same Annex, because their awards and authorisations had expired.
[Recitals 7 - 35 intentionally omitted]
With respect to the recourse filed by GRUPO CLARÍN S.A. and CABLEVISIÓN S.A., we note that in this file-and in the other administrative files that refer to the cancellation of pairs of channels-, the licensee involved is NEXTEL COMMUNICATIONS ARGENTINA S.R.L.
For that reason, even in the event that one were to interpret that the petitioners are partners or future partners of the licensee, it is not adequate to discuss their claims, because the telecommunications licensee with which this Authority must discuss matters in these proceedings continues to be NEXTEL COMMUNICATIONS ARGENTINA S.R.L.
NEXTEL COMMUNICATIONS ARGENTINA S.R.L. has filed its own recourse for reconsideration.
In light of the above, we must dismiss the claims filed by petitioners GRUPO CLARÍN S.A. and CABLEVISIÓN S.A.
Next, we will consider the relevant arguments presented by NEXTEL COMMUNICATIONS ARGENTINA S.R.L. in its request for the suspension and recourse fir reconsideration against AFTIC Resolution No. 325/2015.
Without prejudice to the above, with respect to the claim made by NEXTEL about the affectation of users, we cannot help noting that even if there were technical alternatives to a blackout, the truth is that in the particular case under analysis, according to the circumstances analysed here, that would end up damaging the users of the licensee, as well as the users of other services who are intercommunicated through the service rendered by the licensee.
[Recitals 41 - 45 intentionally omitted]
In light of the above, and analysing once again the elements brought before us, it is relevant to make a new interpretation of the situation, that will take into account harmonically the hierarchy of the laws involved, in the absence of an express procedure to consider extension requests for expired authorisations.
[Recitals 47 - 48 intentionally omitted]
Without prejudice to the above, we note that to admit the recourse filed by the licensee does not imply an automatic extension of the file in question, but rather that the relevant areas will be instructed to analyse under each particular file the requirements set forth in the regulations to access the requested extensions and to demand, if applicable, that the Licensee satisfy the requirements that arise from the current Regulatory Exercise.
[Recitals 50 - 52 intentionally omitted]
Therefore,
THE PRESIDENT OF THE NATIONAL COMMUNICATIONS AGENCY
RESOLVES:
ARTICLE 1º.- The recourse for reconsideration filed by NEXTEL COMMUNICATIONS ARGENTINA SOCIEDAD DE RESPONSABILIDAD LIMITADA against Resolution AFTIC No. 325, dated 24 September 2015 is hereby admitted in part, on the grounds set forth in the recitals.
ARTICLE 2º.- The recourse for reconsideration filed by GRUPO CLARÍN S.A. and CABLEVISIÓN S.A. against Resolution AFTI No. 325 dated 24 September 2015, on the grounds set forth in the recitals.
ARTICLE 3º.- Let the interested parties be notified, as provided under Article 11 of the National Administrative Procedures Law No. 19,549, and pursuant to the terms and scope provided under Article 40 and corresponding Articles of the Rules of Administrative Procedure, Decree No. 1,759/72, as Restated in 1991
ARTICLE 4º.- [Let this Resolution be] registered, communicated and filed.
ENACOM RESOLUTION Nº 134
/S/ Miguel Angel De Godoy
President
National Communications Agency