Process for granting satellite landing rights

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The process for granting satellite landing rights is established by the Brazilian General Telecommunications Law (Lei nº 9.472, de 16 de julho de 1997) and regulated by the Satellite Landing Right Regulation - Anatel (Resolution nº 748/2021).

The satellite landing right is the authorization to use spectrum and orbit resources, to perform satellite communication and to provide satellite capacity, for both Brazilian and foreign satellites. The granting of the Satellite Landing Right is subject to the analysis of the documentation presented and the technical and regulatory aspects, which includes verifification of compliance with the prior satellite coordination requirement.

To verify with which satellites prior coordination is required, the interested party shall observe the list of authorized satellites and the requests in progress. In addition, Anatel provides a dashboard containing satellite networks notified on behalf of Brazil to the International Telecommunications Union (ITU).

The Satellite Landing Right is granted for a period of up to 15 (fifteen) years and can be renewed for up to 15 (fifteen) years. Anatel rules shall be observed during the whole period the authorization is in force and the satellite operator shall operate under the applicable national and international operational conditions.

The required documents for the application of the Satellite Landing Right are defined by the Act nº 9.526 of 27 October 2021.

In the case of a request for Brazilian Satellite Landing Right, the issuance of the authorization Act is conditioned to the submission of a guarantee for the execution of the commitment to put the Space Segment into operation in the value of 100 (one hundred) times the public price for the Satellite Landing Right, persuant to articles 22 and 28 of the General Regulation on Satellite Exploration.

In case of an application for Foreign Satellite Landing Right it shall be presented the documentation issued by the responsible agency, and its sworn translation, demonstrating the conditions for the use of the space segment authorized in the satellite's country of origin.

The request for a new Satellite Landing Right, for a deadline extension or for a modification (e.g. inclusion of additional frequencies) shall be formalized by means of Anatel´s Electronic Information System (SEI). For this purpose, the interested party shall follow the guidance provided by the Manual for requesting a Satellite Landing Right, which explains how to use the SEI system. The Manual also contains the necessary information on how to fill the request form with all the required information, including the simplified technical project and further formal documents according to the current regulation.

According to article 18, Decree nº 13.609/1943, which establishes the regulation for the craft of sworn translator, no document in foreign language will produce its effects in Brazilian agencies without its respective translation.

The value for the public price associated with granting a new Satellite Landing Right, with a deadline extension or with a modification (e.g. inclusion of additional frequencies) of an existing Satellite Landing Right is established by article 38 of the General Regulation on Satellite Exploration (Resolution n. 748/2021), which is R$ 102.677,00 (one hundred and two thousand and six hundred seventy seven Brazilian reais), and it does not depend on the frequency bands involved and the validity date.

Once the space segment has been effectively implemented, the operator must apply for a Station Operating License for the satellite or satellite system, observing the maximum time limit for entry into operation, as established in the Operating Right Conference Act. According to item 29 of Annex I of Law 5070/1966 (Fistel Law), the amount of the Installation Inspection Fee (TFI) is R$ 26,816.00 (twenty-six thousand, eight hundred and sixteen reais), both for geostationary space stations (by satellite) and non-geostationary space stations (by system).

 It should be noted that the annual Operating Inspection Fee (TFF), the Contribution for the Promotion of Public Broadcasting (CFRP) and the Contribution for the Development of the National Cinematographic Industry (Condecine) must be paid for both geostationary space stations (by satellite) and non-geostationary space stations (by system), and that their combined amounts are equivalent to 50% of the TFI, according to the regulations in force.