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Anatel’s Regulatory Agenda for 2021-2022

por Ericson Scorsim

jan 27, 2021

Ericson Scorsim. Lawyer and Consultant in Communication Law, with a focus on Technologies, Media, and Telecommunications.  Ph.D. in Law from the University of São Paulo (USP). Author of the Communications Law Ebook Collection.  Author of the book “Jogo geopolítico das comunicações 5G – Estados Unidos, China e impacto sobre o Brasil” (The Geopolitical Game of 5G Communications – United States, China, and Impact on Brazil), published on Amazon.

Anatel has released its regulatory agenda for 2021-2022. Among the topics related to the provision of telecommunications services is the bid notice for radio spectrum telecommunications services over fifth-generation networks and the bid notice for a Brazilian satellite’s exploitation rights.

Another aspect refers to the reassessment of the continuity of the switched fixed telephony service, including reversible assets. Also, there will be reassessment regulations related to public emergency services and telecommunications networks’ security. On the other hand, there is the intention of passing a new regulation of consumer rights in telecommunications services.

As for the matter of regulatory inspections, the Agency is seeking a more “responsive” inspection model. There will also be a review of the regulation on the conclusion and monitoring of consent decrees. Also on the agenda is regulating the sharing of poles between electricity distributors and telecommunications service providers. Another item is a reassessment of the relevant market regulations (PGMC – General Plan of Competition Goals).

We highlight the reassessment of rates and contributions applicable to the telecommunications sector. Another topic is the regulation on the so-called TV White Spaces related to the VHF and UHF band to use the idle band of sound and image broadcasting services. Another regulatory point is updating the Frequency Ranges Assignment, Destination, and Distribution Plan according to the results of the World Radiocommunication Conference (PDFF 2019). In this same sense, there is also the intention to review radio frequency regulations related to fixed switched telephone services, multimedia communication services, and personal mobile services.  Another aspect is the new regulation of the satellite sector. The Agency is also aiming to review the regulation on the use of the radio spectrum (“RUE”). On the other hand, there will be a reassessment of radio signal blocking regulations. There will also be measures to streamline regulations and related to transparency.

In sum, these issues on Anatel’s agenda are essential to the future of telecommunications in Brazil, with impacts on several other economic sectors.

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