More Inspections but with Fines Set In 1997, that’s How the Former Secretary of Communications Worked
<p style="text-align:justify">The General Audit of the Nation evaluated the management of the radio electric spectrum and although during 2014 more inspections of the planned ones was made; the fines are measured in Telephone Pulse, which, for almost 20 years, have a unit value of $ 0.0469. The coverage in all the national territory is outstanding, but requests for authorizations that can take from one to 24 months are not adjusted.</p>
"During the financial year 2014, the initial forecasts regarding the Inspections for Telecommunication Services were exceeded," the National Audit Office (AGN, for its acronym in Spanish) said in a report evaluating the management of the radio space. However, the fines are measured in Telephone Pulse with "ridiculous values", in force since 1997.
Between 2012 and 2014 "695 sanctions were applied, 84% were seized of instruments and the remaining 16%, to the application of pecuniary fines." But the point here is that the peso fines are estimated in Telephone Pulse (PT), which, for almost 20 years, has a unit value of $ 0.0469.
For example, in 2014 two fines were imposed on a user, each equivalent to 10,000 PT, because after an inspection it was verified that the emission of the station was at an unauthorized frequency and that the irradiating system exceeded the authorized maximum. The total amount of the penalty was $ 928 and "as it was a fine of less than $ 1,700 was recorded as uncollectible." For a transceiver that operated without authorization "a penalty of 4,000 PT was set that is equivalent to $ 224".
The report, approved in April 2016, highlights that during 2014, "the initial forecasts of Inspections for Telecommunications Services were improved as a result of the implementation of new equipment to verify the quality of the provision of mobile communications services." In the radio spectrum, "controls were also exceeded widely" as shown in the following table:
The team of auditors made this report "to serve in the elaboration of future Annual Action Plans". The SECOM was responsible until 2014 for strategic planning in the use of spectrum and the management of orbital positions of communications satellites, while the National Communications Commission (CNC) was responsible for its use And the inspector of the radio service.
Starting with the "Argentina Digital" Law, these tasks were absorbed by the Federal Authority for Information and Communication Technologies (AFTIC, for its acronym in Spanish), an autarchic and decentralized entity that ceased to be so in December 2015, when it passed into the orbit of the National Entity of Communications (ENACOM, for its acronym in Spanish).
The AGN team, which evaluated the 2008-2014 period, pointed out as another positive point the control and monitoring of the radio spectrum carried out by the CNC through six regional centers distributed throughout the country as "all have scheduled inspections to carry out, So that the planned coverage in the field of audits includes the entire national territory ". In addition, adds the report, "software was acquired that will allow to digitize the administrative processes."
Regarding the Technical Verification of the Emissions, as a result of the analysis carried out in two files, it appears that "interference was detected produced by an FM radio that was not authorized to operate", reason why the AFSCA was notified to act like authority of application.
However, "once the inspections were produced, no follow-up was made to the process initiated, there were no coordinated actions with the AFCA, or significant fines", so "a behavior was simply identified."
Finally, on the requests for authorization, by the CNC, "it can take between one and 24 months for the same order." The delay, according to the auditors, "due to unjustified inaction of the agency or because of the user who does not comply with any requirement and the CNC does not require modification, ends up being a detriment since it is encouraged to administrative activity without considering the inputs used."