Anatel simplifies RF rules for ISPs

The Brazilian National Telecommunications Agency (Anatel) recently approved the new Regulation on Radio Communication Equipment of Restricted Radiation. Among the main changes, the new regulation released small-sized internet service providers (ISPs) to obtain Anatel’s authorization to provide Multimedia Communication Service (SCM).

This rule applies to ISPs that have less than five thousand users and use wired or restricted radiation access. All telecommunication stations of network support that use exclusively restricted radiation radio communication equipment, regardless of the service and the amount of users, will also be exempted from licensing.

It is important to highlight that the waiver of authorization will not discharge the ISPs from compliance with the Telecommunications Act (Law 9,472/1997) and with the Regulation of SCM (Anatel Resolution 614/2013). They will not be exempted as well from Anatel’s inspection of compliance with such rules.

Despite the absence of authorization, the ISPs shall submit a prior notice to Anatel, as well as keep the registration information updated with Anatel and pay the contribution to the Fund of Universalization of Telecommunications Services (FUST). They may also access the infrastructure of power suppliers’ poles. It also remain mandatory the use of equipment of radio frequency emission with certification issued or accepted by the Agency as a prerequisite for trade and use purposes.

According to Anatel, the changes were designed to reduce bureaucratic obstacles and irregularities in the provision of telecommunication services. Besides, these measures will enable small-sized ISPs to offer services to users that are often not served by large ISPs, and at the same time will contribute to competition, to the widespread use of telecommunication services and to harness investment in quality. In addition, it will enable the Agency to better monitor and control the ISPs currently in operation.

Azevedo Sette Advogados