Prohibition of the use of radio signal inhibitors or blocking devices

On May 20, 2019, the Ministry of Security and the National Communications Agency ("ENACOM") issued Resolution No. 3/2019 (the "Resolution") that establishes the prohibition of the use of radio devices or systems ( the "Devices") that prevent, interrupt, obstruct, interfere or cause interferences in radio connection between two or more stations, fixed or mobile, making it impossible to call, transfer data or other information, except for the use of the Devices by the national or provincial police or security forces.

The Resolution prohibits the use of the Devices since, when using any portion of the radioelectric spectrum, they may jeopardize the normal functioning of communications and threaten the safety of citizens by preventing or causing harmful interference to various services and systems of radio communications.

Prior to the issuance of the Resolution, the only regulation that existed in Argentina was that which allowed the use of the Devices for cases related to public safety exclusively. In addition, and as not yet defined as "telecommunications equipment" (according to the Radio Regulations of the UIT-R), which, according to the Resolution of the Secretary of Communications No. 729/80 must be registered in the Registry of Activities and Telecommunications Materials ("RAMATEL"), the Devices that are the object of this Resolution do not have the obligation to be registered with RAMATEL.

The Resolution was issued due to the lack of regulation and the claims produced by telecommunications providers and their users, added to the risk that unrestricted use of these Devices could bring about to the normal development of public safety, and to ensure the inviolability of communications, in accordance with Article 5 of Argentine Digital Law No. 27,078.

Finally, it was established that the Ministry of Security itself will be responsible for authorizing the installation of said Devices for security reasons and under the conditions set by it. They  will also be turned off if it is discovered that, even if the authorized conditions are met, they affect communication networks in areas outside the fixed location declared of interest for installation.