Introduction
Multimedia Communication Service
Radio Frequency Use
Share Control and Transfer of Authorization
Other Services
The National Telecommunications Agency (ANATEL) recently published a public consultation for a new telecommunications service. The aim of the new service is to centralize the provision of various services currently provided through different types of authorizations. The public was permitted to submit comments until September 9 2000 for consideration by the board of ANATEL. As the regulation is still under discussion, all provisions described here are subject to change.
Multimedia Communication Service
'Multimedia communication service' (MCS) is defined as "a collective interest fixed telecommunication service rendered nationally and internationally by the private sector, which allows for the supply of multimedia information, using any media, to subscribers within a service provision area."
The public consultation expressly emphasized that this service is distinct and should not be confused with the switched fixed telephone service, radio broadcast service or pay mass electronic communication service.
The use of radio frequencies for the service (notwithstanding its exclusive or non-exclusive nature) is conditional upon a prior grant from ANATEL for 15 years. A grant is renewable only once for a further 15 years and is assigned only to legal entities that hold authorizations for the exploitation of this service.
As the radio electromagnetic spectrum is a scarce asset, the assignment of radio frequencies will be made according to an invitation-to-bid procedure. ANATEL's opinion is that a regulation should be enacted to assign the frequency bands to be operated by the service. It is expected that these will be in gHz (gigahertz) 2.5, 3.5, 10.5, 25, 26, 27, 28, 29 and 31.
Share Control and Transfer of Authorization
A legal entity may not hold more than one authorization for the provision of multimedia communication service in one region.
The transfer of authorizations may only occur three years after the service becomes operable and with ANATEL's prior authorization, with the exception of transfers made between subsidiary and parent companies and in cases resulting from spin-offs. (By force of Resolution 101, the concepts of 'parent', 'subsidiary' and 'affiliate' are wide ranging and even include a member of the board of directors).
Once the authorization for the provision of multimedia communication services has been granted, the operator is permanently responsible for the exploitation and performance of the service. The operator is subject to various obligations, principally in relation to users (eg, customer support and discounts for periods of non-availability of service).
The public consultation indicates that the companies presently authorized to provide the specialized limited service, the specialized circuit service and the telecommunication transport network service may request the conversion of their authorizations into authorizations for the exploitation of MCS.
For further information on this topic please contact Ricardo Barretto or José Leça at Barretto Ferreira, Kujawski, Brancher e Gonçalves – Sociedade de Advogados by telephone (+55 11 3066 5999) or by fax (+55 11 3167 4735) or by e-mail ([email protected] or [email protected]).
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