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
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements
• Conditioned access service: distributes audiovisual content by means of any technol - ogy, process, electronic media or communi - cation protocol, with access based on paid subscription. • Private limited service: a restricted-interest service encompassing the communication of data, video/audio signals, voice signals and text, the capture/transmission of scientific data (eg, meteorology data), etc. Brazilian and foreign satellites might be used by community interest service providers to propa - gate telecommunications signals, but this is not intrinsically a telecommunications service. The provision of an FSTS under the public sys - tem depends on a concession being granted and executed. After the enactment of Law No 13,879/2019, concessionaires were allowed to request from ANATEL that the concession be upgraded to an authorisation, which requires certain requirements to be met. Exploitation of telecommunications services in the private regime depends on ANATEL’s prior authorisation, but there are some exceptions: • telecommunications activities carried out within the movable/immovable property category (except if involving the use of radio frequencies by means of radiocommunica - tion equipment not categorised as “restricted radiation equipment”) do not require an authorisation; and • authorisation for the exploitation of services is waived if the support telecommunications networks use specific means and/or restrict - ed radiation radiocommunication equipment, provided that no numbering resources are employed and, in case of community interest services, there are fewer than 5,000 users –
According to the LGT and complementary rules (eg, ANATEL’s resolutions), telecommunications services may be: • provided under the public regime (subject to stricter legal/administrative conditions) or the private regime (less regulated); and • of community interest (provided to any party interested in their enjoyment, under non- discriminatory conditions) or restricted inter - est (intended for the executor’s own use or provided to groups of users selected by the provider, being the interconnection to other prohibited networks). The main communications technologies cur - rently regulated are as follows. • Fixed-switched telephone service (FSTS): transmits voice and other signals between fixed points, using telephony, for commu - nication purposes. FSTS is the only service rendered under the public regime (based on concessions – subject to greater state control), but it can also be provided under the private regime (based on authorisations). • Personal mobile service: enables communi - cation between mobile stations, and between mobile and other stations. • Multimedia communication service: enables the transmission, emission and receipt of multimedia information (ie, audio, video, data, voice and other sound signals, images, text and other information), and the provision of an internet connection to subscribers. Impor - tantly, the transmission, emission or receipt of conditioned access services is not allowed.
24
CHAMBERS.COM
Powered by FlippingBook