ANATEL has approved a model authorization instrument for exploitation of the multimedia communications service through Resolution 328 of January 29 2003.

The service enables the transmission of multimedia information to subscribers. ‘Multimedia information’ is defined as audio, video, data, voice and other sound signals, images and text.

The instrument prohibits companies that are authorized to provide the service from (i) transmitting information that might constitute the provision of radio broadcasting, cable television, multichannel multipoint distribution (MMDS) or direct-to home (DTH) services, or (ii) supplying video and audio signals to subscribers.

However, video and audio signals may be supplied through specific contracts or pay-per-view arrangements to radio broadcasting, cable television, MMDS and DTH service providers.

Companies may not provide services that have the characteristics of the switched fixed telephone service, particularly the forwarding of telephone traffic through part of the switched fixed telephone service network. However, they may use the networks of other telecommunications service providers (and vice versa) in a non-discriminatory manner, and at fair and reasonable prices and conditions. Remuneration for network use shall be agreed between the parties.

The relevant companies have 18 months from the publication date of the instrument in the Official Gazette to commence operations. Services that have already commenced may not be interrupted.

Finally, Resolution 328 also approved the model authorization instrument for the adaptation of telecommunications carrier network service authorizations to cover service through dedicated lines, and the packet switching network and circuit switched network services.

For further information on this topic please contact Ricardo Barretto or Fernanda Bottura Casella 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 email ([email protected] or [email protected]).