Telecommunications Legal Framework

Law no. 13,879 of October 3, 2019, had the aim of modernizing the telecommunications regulatory framework and encouraging investments in the sector through changes to Law no. 9,742, of July 16, 1997 (General Telecommunications Law - LGT) and Law no. 9,998, of August 17, 2000 (Law of the Telecommunications Services Universalization Fund – Fust).

The first major change introduced by the Law concerns the possibility of migrating current fixed telephony concession contracts, provided under the public regime aegis, to fixed telephony authorizations, provided under the private regime. Such provisions may be found in articles 144-A, 144-B and 144-C. They were added to the LGT, under a new article – "Article III-A, adapting the permit conditions of telecommunication services from concession to authorization".

The other changes made by the Law concern other issues, relevant to the modernizing of the legal regime for the rendering of telecommunications services (LGT). The following possibilities are worthy of note:

• Extension, for equal periods, of the concession contracts, provided the concession holder has fulfilled the concession's conditions and obligations already assumed and shows interest in the extension, at least 30 (thirty) days before its expiration.
• Radiofrequency use authorization transfer between telecommunication services providers, with Anatel's consent.
• Extension of the radiofrequency use authorization term, provided the authorized party has met all obligations made and expresses interest previously.
• Extension of the Brazilian satellite exploration rights, for transporting telecommunications signals, establishing that such a right shall be granted through an administrative process outlined by Anatel.

Also, an amendment was made to article 6 of the Fust, clarifying that it excludes the broadcasting sector.

Hence, SETEL proposed and helped pass Decree no. 10,402, of June 17, 2020, which provides for adapting concession contracts into telecommunication service authorizations. It also addresses the extension and transfer of radiofrequency authorizations, as well as telecommunication service permits and satellite exploration rights.

Currently, the Secretariat is preparing a regulation proposal for article 7 of the aforementioned Decree.

TECHNICAL UNIT RESPONSIBLE

Sector Policy Department - (61) 2027-6638

MAIN TARGETS TO BE MET

Regulation proposal of article 7 of Decree no. 10,402, of June 17, 2020.

RESULT INDICATORS

Regulation proposal

MAIN RESULTS ACHIEVED

Proposal being drafted

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. 13,879 of October 3, 2019.

Decree No. 10,402, of June 17, 2020.