What Lei No. 9.472/1997 (Lei Geral de Telecomunicacoes): ANATEL, Executive Competencies, Service Definition, Public Regime and Spectrum requires
Lei No. 9.472, de 16 de julho de 1997 (Lei Geral de Telecomunicacoes, the General Telecommunications Law) is the principal Brazilian statute governing the organisation of telecommunications services and the creation of the sector regulator. Article 8 creates the Agencia Nacional de Telecomunicacoes (ANATEL) as an entity of the indirect federal public administration, under a special autarchic regime and linked to the Ministry of Communications, with the function of being the telecommunications regulatory body, seated in the Federal District. Article 18 sets out the competencies of the Executive Branch, which acts by decree to, among other things, institute or eliminate the provision of a service modality under the public regime, approve the general plan of service grants and exercise other functions reserved to the Executive. Article 60 defines a telecommunications service as the set of activities that enables the offer of telecommunication, and defines telecommunication as the transmission, emission or reception of symbols, characters, signals, writing, images, sounds or information of any nature by wire, radioelectricity, optical means or any other electromagnetic process. Article 64 establishes that telecommunications services of collective interest whose existence, universalisation and continuity the Union itself undertakes to ensure are provided under the public regime (regime publico), including the various modalities of the fixed telephone service. Article 157 declares that the radiofrequency spectrum is a limited resource constituting a public good administered by the Agency. The Law is the constitutional-level framework statute for telecommunications regulation, service classification and spectrum administration in Brazil.
Pillar: Telecoms & Digital Infrastructure · Authority: Agencia Nacional de Telecomunicacoes (ANATEL) / Presidencia da Republica (Brazil) · Version: 1.0.0 · Last updated:
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l9472.htm
SHA-256 integrity: 0a2597007063e1bec86844e30374bbe0c837eeee1ed7e217bf4c61684d5953a0
Primary Citations — 6 traced to source
- Lei No. 9.472/1997, Article 8 - creation of the Agencia Nacional de Telecomunicacoes (ANATEL) under a special autarchic regime.
- Lei No. 9.472/1997, Article 18 - competencies of the Executive Branch exercised by decree.
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