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BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados

in certain sectors. Therefore, deep analysis on a case-by-case basis is advisable.

• one individual may not participate in the administration or management of more than one concessionaire, licensee or authorised entity of the same kind of broadcasting ser - vice in the same location; • any contractual amendments shall be submit - ted to the executive branch within 60 days; • the transfer of concessions, authorisations or permissions to third parties shall be approved a priori by the competent body; • broadcasters’ information, entertainment, advertising and publicity services are subor - dinate to educational and cultural services inherent to broadcasting, in the best interests of the country; • except for weekends, holidays and other spe - cific occasions, radio stations must rebroad - cast A Voz do Brasil , the official information programme of the Brazilian Republic; • at least 5% of the air time of broadcasting (including television) organisations shall be allocated to news services; and • executives or partners cannot have violated ineligibility criteria provided for in specific laws. The fees to be paid are fixed, taking into account the total costs of services, the amortisation of the capital invested and the formation of the funds necessary for the conservation, replace - ment and modernisation of equipment, and for the extension of services. The foregoing requirements are not applicable to providers of applications on which user-generat - ed content (eg, videos, photos) is posted, where these platforms are regulated by a specific law on the use of the internet in Brazil.

5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures Audiovisual and media (broadcasting) services are regulated in Brazil, being maintained and exploited by the Federal Union. Individuals hold - ing the due concessions, authorisations or per - missions – which are renewable and granted for successive ten-year (for radio broadcasting) or 15-year (for television broadcasting) periods, are allowed by the Brazilian Telecom Code (BTC) to provide broadcasting services. The process begins with the publication of a notice, after which the interested parties sub - mit their proposals; these are in turn sent to the President of the Republic after being analysed by the competent body, which issues an opinion. A prior licence is required for broadcasting sta - tions, and the related applications are submit - ted following the registration of the concession contract by the Public Finance Court. In case the stations are approved, licences are issued within 60 days. The following requirements are to be met to obtain authorisation/permission: • 70% or more of the broadcasters’ total and voting capital must be directly or indirectly held by native Brazilians or individuals natu- ralised as Brazilians for more than ten years, a fact that shall be duly proved on a yearly basis – these individuals mandatorily carry out administration activities and set the pro - gramming content;

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