What rules and procedures govern spectrum allocation?
In Brazil, spectrum is deemed to be public property and is managed by the National Telecommunications Agency (ANATEL), which is responsible for the allocation, distribution and destination of radiofrequencies in Brazil, whether used for the provision of telecoms or broadcasting services.
The use of radiofrequency on either exclusive or non-exclusive grounds depends on previous authorisation from ANATEL. Such authorisation is always linked to a concession, permit or authorisation to provide a determined telecoms or broadcast service.
A radiofrequency authorisation linked to a concession or permit to provide telecoms or broadcast services must have the same term of validity as the concession or permit to which it is linked.
A radiofrequency authorisation linked to an authorisation to provide telecoms or broadcast services can have a maximum term of validity of 20 years, extendable once for an equal term.
What fees apply to spectrum allocation/authorisation?
In order to use spectrum, interested parties must pay ANATEL the public price established in the agency’s regulations. The price is calculated based on:
- the central frequency;
- the bandwidth authorised;
- the type of service provided; and
- the area in which the frequency will be used.
If the frequency is granted through a bidding process, the price due for the use of such radiofrequency will be determined by the winning bid.
Can spectrum licences be transferred, traded or sub-licensed?
Radiofrequency authorisations cannot be freely transferred, traded or sub-licensed. It is possible to transfer or trade a radiofrequency authorisation provided that the authorisation to provide telecoms services to which it is connected is transferred at the same time. On November 3 2016 ANATEL issued Resolution 671, approving the new Regulation on Spectrum Use. According to the new regulation, interested parties can celebrate RAN-sharing and spectrum-sharing agreements, subject to the agency’s approval.
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