Legal Guide for Foreign Investors in Brazil - Apex-Brasil

More documents

Recommendations

Info

Legal Guide for Foreign Investors in Brazil unfeasibility, or when an excessive number of competitors might negatively affect the provision of a service of in the public interest. 16.2. Development of Mobile Telephony The first mobile telephone services in Brazil were provided by companies of the the TELEBRÁS System (in a frequency sub-level known as Band A). Following approval of Constitutional Amendment 8/95, regulations were issued in 1996 disciplining the provision of mobile cellular services (Serviço Móvel Celular – SMC) in preparation for private provision of Band B services. Initially exploited through concessions, since the entry into force of the General Telecommunications Law (LGT), mobile cellular services have been provided exclusively by private companies that hold authorizations to provide such services. The General Telecommunications Law replaced all preexisting regulations, norms and rules on mobile communications with the current system of issued by ANATEL, Since 2000, these rules, for Personal Mobile Services (PMS) have been gradually implemented. Between 2001 and 2003, auctions were held to award up to three additional mobile licenses per region (corresponding to Bands C, D and E). Corporate contenders were permitted to bid for PMS authorizations in each of the three regions, and permitted to acquire licenses for all three regions. However, they were forbidden to acquire more than one authorization within each region. Any company incorporated in Brazil, even if controlled by foreign investors, may hold an PMS license. New rules expanding the coverage areas led to mergers and takeovers of operating companies. There has been rapid growth in mobile telephony services in Brazil, especially with in the area of pre-paid cellular phones. Currently GSM is the technology most widely employed, followed by CDMA and TDMA. Anatel is currently bidding PMS nationwide authorizations (E, M and L-Bands). This bid will not only allow new mobile service providers, it will also make possible that current service providers expand their services. The new subfrequency Bands shall only be used after the 3G auction. Therefore, companies that obtain license for E, M and L Bands will have to wait the winning bidders of 3G or obtain an express authorization from Anatel to obtain such license. 123
Legal Guide for Foreign Investors in Brazil 16.3. The Telecommunications Regulatory Agency (ANATEL) Brazil’s telecoms regulator, the National Telecommunications Agency (ANATEL) enjoys administrative independence, is not hierarchical subordinated, and has financial autonomy. Basically, ANATEL is empowered to: (i) issue rules on the licensing, provision and use of the public telecommunication services under the public regime (universal services); (ii) establish, control and supervise tariff structures for each modality of service provided under the public regime; (iii) sign and manage concession contracts; (iv) issue rules concerning provision of telecommunications services under the private regime; (v) control, prevent and enforce sanctions in the event of offenses against the economic order in the field of telecommunications, without prejudice to competences of the Administrative Council for Economic Defense (CADE); (vi) manage the radio-frequency spectrum and the use of satellite orbits; (vii) define service modalities, based on their objectives, scope, form, means of transmission, technology employed, and other attributes; (viii) supervise the provision of services and apply administrative sanctions to transgressors of the telecommunications rules. 16.4. General Telecommunications Law The Brazilian Telecommunication Code, except for certain provisions relating to criminal offenses and broadcasting provisions, was revoked with the coming into force of the General Telecommunications Law. This Law provides a framework for provision of telecommunication services, the establishment and functioning of a regulatory agency, and sets certain fundamental principles of Telecommunication Law. This framework foresees free, unencumbered and fair competition among companies that provide telecommunications services, while establishing general standards for protection of the economic order. Any acts of service providers that might hamper free competition in any way or form, are prohibited. Interconnection, as defined by the General Telecommunications Law (article 146, sole paragraph) is “the connection between functionally compatible telecommunications networks, allowing users of one network to communicate with users of another or access services available in it”. Interconnection is to be ensured through contracts between operating companies. In the event of lack of agreement, ANATEL may only intervene if called upon to do so by one of the parties. 124
Page 2 and 3:
Legal Guide for Foreign Investors i
Page 4 and 5:
Credits This Legal Guide for Foreig
Page 6 and 7:
Page 8 and 9:
Page 10 and 11:
Page 12:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 34 and 35:
Page 36 and 37:
Page 38 and 39:
Page 40 and 41:
Page 42:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 66 and 67:
Page 68 and 69:
Page 70:
Page 73 and 74: Legal Guide for Foreign Investors i
Page 80: Legal Guide for Foreign Investors i
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 198 and 199:
Page 200 and 201:
Page 202 and 203:
Page 204 and 205:
Page 206 and 207:
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
show all

Legal Guide for Foreign Investors in Brazil - Apex-Brasil

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?