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Argentina: ENACOM approves the new General Regulation of Universal Service

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In brief

The National Communications Entity (ENACOM) approved the new General Regulation of Universal Service through Resolution No. 1182/2025 (“Resolution“), which was published in the Official Gazette on 22 September 2025.

In depth

Within the framework of Argentine Digital Law No. 27,078 and in line with the objectives set out in Resolution No. 359/2025, which approved the “National Critical Communications Infrastructure Plan” (more information here), ENACOM repealed the General Regulation of the Universal Service originally enacted by Resolution No. 2642/2016, as amended, and introduced a new regulation (“New Regulation”) that updates and adapts the current regime.

The New Regulation introduces the following key innovations:

  • In accordance with the dissolution of the Universal Service Trust Fund (more information here), contributions made by Information and Communication Technologies (ITC) service licensees will now constitute the “Universal Service Fund,” which will be administered directly by ENACOM. New mechanisms for contribution payments have been established.
  • It introduces the “Universal Service Contribution Credit Certificate,” a formal instrument issued by ENACOM that allows contributors to offset their monthly obligations with investments made in the execution of projects approved by ENACOM.
  • It significantly expands the categories of Universal Service Programs, including, among others, the optimization and expansion of last-mile networks, the development of data centers, and integration with artificial intelligence.
  • It mandates the implementation of prior diagnostics and impact monitoring for Universal Service Programs, supported by mandatory annual reports.
  • It provides for technical and financial audits of projects, which may be carried out either by ENACOM or by third parties.
  • It details sanctioning procedures, including the termination of agreements and the obligation to reimburse funds in cases of noncompliance.

The Resolution entered into force on 22 September 2025.

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Click here to read the Spanish version.

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Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. Guillermo advises clients on contractual, corporate and information technology and communications (IT/C) matters, as well as regulated areas of law. He has participated in the development of creative solutions from the legal point of view to the challenges that arise in the day to day of technology companies, including how to regulate issues that arise in cyberspace. He has also actively participated in advising telecommunications companies. Over the years, he has also focused on areas of law that include internet, privacy, digital transformation, and cybersecurity matters.

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Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries.

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Catalina is an Attorney-at-law in the IPTech practice and is based in Baker McKenzie's Buenos Aires office.

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