General Antenna Law

Law no. 13,116, of April 20, 2015, known as the General Antenna Law, establishes general rules for deploying and sharing of telecommunications infrastructure.

It aims to harmonize and simplify the rules for telecommunications network infrastructure deployment throughout the country, with the goal of driving the increase of network coverage and improving the quality of services provided to the population.

In turn, Decree no. 10,480, of September 1, 2020, regulates the aforementioned Law and enables its full application. The legislation helps develop telecommunications infrastructure and increase broadband internet access in the country, meeting aspirations of the Brazilian population.
The regulation makes it possible to keep up with new technologies available, such as fifth-generation mobile networks (5G) and the Internet of Things (IoT), also driving digital transformation.

The main topics covered by the Decree are:

• It reinforces the interpretation that the Law does not require consideration in relation to the right of way to install telecommunications network infrastructure on public roads and in other public assets of common use. This also includes concession contracts and other forms of delegation in urban and rural areas, as per article 12 of Law no. 13,116, of April 20, 2015, DNIT Resolution no. 10, of August 14, 2020, and article 34 of DNIT Resolution no. 9, of August 12, 2020. This rule reduces the cost of deploying towers, fiber optic cables and telecommunications equipment, allowing for the increase of network coverage, especially in locations these infrastructures are not yet available.
• It speeds up licensing processes, detailing that after 60 days without a decision from a responsible body or entity, the interested company is authorized to install the telecommunications infrastructure, as per the application submitted and in compliance with the legislation in force. This is consistent with the Declaration of Economic Freedom Rights (Law no. 13,874, of September 20, 2019), article 3, item IX, and is essential to reduce the number of licensing applications waiting for a decision from responsible bodies, shortening analysis time.
• It details the provision that infrastructure works of public interest must include the installation of telecommunications networks, being applicable to state, district and municipal works, only when at least half of their cost is taken on or funded by the voluntary transfer of federal resources. The rule covers federal, state and district highways, municipal roads, railways, underground or rail public transport systems, electric power transmission lines, gas pipelines, oil pipelines and others, and sewage and urban drainage networks. The new scenario makes it possible to reduce telecommunications infrastructure installation costs in Brazil.
• It sets the attributes that characterize small-sized telecommunications network infrastructure, which according to law are exempt from licensing for installation in urban areas. It also prohibits states, the Federal District and municipalities from establishing more restrictive rules, but allows for other cases of exemption. Based on dialogue with equipment manufacturers, carriers and infrastructure companies, the maximum height and dimensions of small infrastructures, which must be installed in an existing building or structure, were determined. These rules speed up the developing of the 5G technology in Brazil.

TECHNICAL UNIT RESPONSIBLE

Department of Investment and Innovation
(61) 2027-6118

MAIN TARGETS TO BE MET

Expansion of telecommunications networks in the country.

RESULT INDICATORS

Decree published.

SYSTEMS

There is none.

MAIN RESULTS ACHIEVED

Decree No. 10,480, of September 1, 2020, published.

ABOUT FAT

The initiative does not receive funding from the Worker's Support Fund - FAT.

REVENUE WAIVER

The action does not result in the waiver of revenues.

LEGISLATION

Law No. 13,116, of April 20, 2015.

Decree No. 10,480, of September 1, 2020.

DNIT Resolution No. 10, of August 14, 2020.

Article 34 of DNIT Resolution No. 9, of August 12, 2020.