Resolution nº 617, of June 19, 2013

Observação:This text does not replace the one published in the Official Gazette on June 21, 2013, and amended on July 5, 2013.

The BOARD OF DIRECTORS OF THE NATIONAL TELECOMMUNICATIONS AGENCY, pursuant to the powers granted it by article 22 of Law Nº. 9472, of July 16, 1997, and articles 17 and 35 of the Agency’s Regulation, approved by Decree Nº. 2338, of October 7, 1997,

CONSIDERING the provisions of article 214 of Law Nº. 9472, of 1997;

CONSIDERING the need to simplify the regulatory framework, grouping several services classified as of restricted interest in asingle normative instrument;

CONSIDERING the contributions received arising from Public Consultation Nº. 52, of September 9, 2011, published in the Official Gazette of September 13, 2011;

CONSIDERING the content of Proceeding Nº. 53500.007440/2010;

CONSIDERING deliberation taken in its Meeting Nº. 699, held on June 6, 2013,

DECIDES:

Article 1. To approve the Regulation of the Private Limited Service, pursuant to Annex I of this Resolution.

Article 2. To replace the following normative instruments, except the provisions of article 55 of the Regulation of the Private Limited Service, pursuant to Annex I to this Resolution:

I – Rule Nº. 02/80 - Special Radio Autocine Service, approved by Ordinance Nº. 106/80, of May 29, 1980;

II – Rule Nº. 01/82 - Radio Taxi Service, approved by Ordinance Nº. 44, of March 3, 1982;

III – Instruction Nº. 03/85, of March 13, of 1985, published in the Official Gazetteof May 2, 1985 - Establishes the procedures regarding the granting of authorization to perform telecommunications services it mentions as well as related measures;

IV – Ordinance Nº. 193/88, of August 5, 1988 - Limited Highway Service;

V – Rule Nº. 04/86 - Special Supervision and Control Service, approved by Ordinance Nº. 90, of April 9, 1986;

VI – Dental Instruction Nº. 01/87, of April 23, 1987 – Establishes the procedures and technical characteristics regarding the Special Supervision and Control Service;

VII – Dentel Instruction Nº. 05/88, of September 21, 1988, published in the Official Gazette of September 30, 1988 - Establishes the Procedures Regarding the Grant of Radio Taxi Service;

VIII – Dentel Instruction Nº. 09/88, of September 20, 1989, published in the Official Gazette of September 22, 1989 - Establishes the procedures regarding the grant of Limited Service;

IX – Dentel Instruction Nº. 10/89, of November 8, 1989, published in the Official Gazette of November 20, 1989 – Provides for the use of modified equipment in the Radio Taxi Service;

X – Ordinance Nº. 892, of November 22, 1994 – Radio Taxi Service;

XI – Rule Nº. 17/96 – Channeling and Conditions of Use of Frequency by the Special Paging Service and the Private Limited Paging Service, approved by Ordinance Nº. 1306, of October 29, 1996;

XII - Instruction Nº. 01/SFO, of October 1, 1996, published in the Official Gazette of December 31, 1996 - Establishes the procedures regarding the licensing of stations of radio communication systems comprising only itinerant portable stations, in the Private Limited Telecommunications Service;

XIII – Instruction Nº. 01/SFO, of April 14, 1997 - Changes the conditions to explore Radio Taxi Service;

XIV – Rule Nº. 13/97 - Limited Service, approved by Ordinance Nº. 455, of September 18, 1997, with respect to the provisions regarding the telecommunications services specified in item 2, whose authorizations will be adapted to the Private Limited Service;

XV – Rule Nº. 15/97 - Special Paging Service, approved by Ordinance Nº. 558, of November 3, 1997;

XVI – Rule Nº. 11/97 - Advanced Messages Service, approved by Ordinance Nº. 559, of November 3, 1997;

XVII – Rule Nº. 24/94 - Special Radio Access Service, approved by Ordinance Nº. 1154, of December 22, 1994;

XVIII – Ordinance Nº. 313/MC, of November 1, 1985 –Public Highway Mobile Telephone Service- Telestrada, published in the Official Gazette of November 6, 1985;

XIX – Rule Nº. 6/86 - Public Highway Mobile Telephone Service - Telestrada, approved by Ordinance Nº. 235, of September 9, 1986, published in the Official Gazette of September 11, 1986; and,

XX – Dentel Instruction Nº. 0789/89, of November 14, 1989 - Establishes procedures to be complied for the licensing of stations of the Public Highway Mobile Telephone Service - Telestrada.

Sole paragraph. Only those provisions regarding services adapted to the regulatory regime of the Private Limited Service will be replaced in the normative instruments.

Article 3. To revoke the following normative instruments, except for the provisions of article 55 of the Regulation of the Private Limited Service, pursuant to Annex I to this Resolution:

I – Resolution Nº. 171, of October 8, 1999, that approves the Plan of Authorizations of the Special Paging Service (Serviço Especial de Radiochamada - SER);

II – Resolution Nº. 196, of December 15, 1999, which approves Rule Nº. 8/99 - Conditions to Apply the Plan of Authorizations of the Special Paging Service;

III – Resolution Nº. 211, of February 14, 2000, which approves the adjustment of Rule Nº. 15/97 - Special Paging Service; and,

IV – Act Nº. 66198, of July 27, 2007, published in the Official Gazette on August 3, 2007.

Article 4. To establish that that the conditions of use of radio frequencies for service stations, whose authorizations have been adapted to the Private Limited Service, provided for in specific regulation, remain in force until they are replaced by new normative instrument.

Article 5. To give new wording to article 17 and to Annexes I and III of the Regulation for Charging of Public Price for the Right to Explore Telecommunications Services and for the Right to Explore Satellite, approved by Resolution Nº. 386, November 3, 2004, and amended by Resolutions No. 484, of November 5, 2007; 595, of July 20, 2012; and 614, of May 28, 2013, pursuant to Annex II of this Resolution.

Article 6. This Resolution shall become effective on the date of its publication.

JOÃO BATISTA DE REZENDE
Chairman of the Board

ANNEX I TO RESOLUTION Nº. 617, OF JUNE 19, 2013

REGULATION OF THE PRIVATE LIMITED SERVICE

CHAPTER I

MISCELLANEOUS

Article 1. This Regulation governs the conditions to explore Private Limited Service (SLP)

Article 2. The exploration of the Private Limited Service is governed by Law Nº. 9472, of July 16, 1997 (General Telecommunications Law - LGT), by the Regulation of the Telecommunications Services, by this Regulation, and other Regulations and Rules applicable to the service.

Sole paragraph. The Regulation of the Limited Service, approved by Decree Nº. 2197, of April 8, 1997, and Rule Nº. 13/97, approved by Ordinance Nº. 455, of September 18, 1997, of the Ministry of Communications, are not applied to the SLP.

Article 3. The SLP is a telecommunications service, of restricted interest, explored in the domestic and international scope, on a private system, intended to the provider’s own use or provided to a specific group of users, selected by the provider by means of criteria it has established, and that encloses multiple applications, amongst which data communication, video and audio signals communication, voice and text communication, as well as capture and transmission of Scientific Data related to Earth Exploration via Satellite, Aid to Meteorology, Meteorology via Satellite, Space Operation and Spatial Research.

CHAPTER II

DEFINITIONS

Article 4.For the purposes of this Regulation, the following definitions shall apply:

I - Authorized: individualor legal entity that, by means of an authorization, explores the SLP;

II - Assistance to Meteorology: radio-communication service used for meteorological - including hydrological - exploration and observation;

III –Self-registration: remote registration (via Internet), carried out by the Authorized, of the data related to the stations of its telecommunications system directly at the Technical and Administrative Database of the National Telecommunications Agency (Anatel);

IV - Internet connection: enabling a terminal for sending and receiving data packets over the Internet, through the assignment or authentication of an IP address;

V - Scientific Data: scientific information of any nature related to the Exploration of Earth, Meteorology or Space Research;

VI - Observation Station: Telecommunication Station, located on land, sea, balloons or aircrafts, with Active or Passive Sensors, encompassing Radio altimeter, Weather Radars and Radio Probes, among others, to obtain scientific information related to Meteorology, such as pressure, temperature, humidity and other atmospheric and hydrological data;

VII - Telecommunication Station: the set of equipment or appliances, devices and other means necessary to carry out telecommunications, its accessories and peripherals and, when applicable, the facilities that house and supplement, including portable terminals;

VIII - Space Station: station located on an object that is located, intended to be located, or has been located beyond the greater part of the Earth's atmosphere;

IX - Ground Station: station located on the Earth's surface or within the Earth's atmosphere that communicates with one or more space stations, or with one or more stations of the same type by means of one or more reflective satellites or other objects in space;

X - Earth Exploration by Satellite: radio communication service between Ground Stations and one or more Space Stations, and may include links between Space Stations, where:

a) information regarding features of the Earth and its natural phenomena, including data relating to the environment, are obtained by means of Active or Passive Sensors on board satellites;

b) similar information is collected through aerial platforms or platforms located on the surface of the Earth;

c) such information can be distributed to Ground Stations within a single system;

d) interrogation of platforms can be included; and,

e) power links needed for its operation can also be included.

XI - License for Operation of Station: administrative act authorizing the commencement of operation of the station on behalf of the Authorized of telecommunications services and, when appropriate, the use of radio frequencies;

XII - Satellite Meteorology: Earth Exploration via Satellite service for meteorological purposes;

XIII - Space Operation: radiocommunication service referring exclusively to the operation of spacecraft, particularly space tracking, space telemetry, and space telecommand;

XIV - Space Research: radiocommunication service using a spacecraft or another object in space for the purposes of scientific or technologic research;

XV - Data Collection Platforms: fixed or mobile Telecommunications Stations, on the ground, air or sea, or even stations posted in living things, that comprise a set of Active or Passive Sensors and other telecommunications equipment responsible for the capture and transmission of Scientific Data to the Satellite;

XVI - Radar: radiodetermination system based on comparison of reference signals with radio signals reflected or relayed, from one location to be established;

XVII - Weather Radar: radar for meteorological purposes;

XVIII - Radio altimeter: radio navigation equipment, on board an aircraft or spacecraft, used to determine the height of the aircraft or spacecraft above the surface of the Earth or another surface;

XIX - Radio Probe: automatic radio transmitter, to Assist Meteorology service, usually affixed on aircrafts, balloons, kites or parachutes, which transmits weather data;

XX - Connection Record: a collection of information pertaining to the date and time of beginning and end of an Internet connection, its duration and the IP address used by the terminal to send and receive data packets, among others that allow identifying the access terminal used.

XXI - Active Sensor: measuring instrument through which information is obtained bythe transmission and reception of radio waves;

XXII - Passive Sensor: measuring instrument through which information is obtained by radio wave reception of natural origin.

CHAPTER III

AUTHORIZATION

Article 5.The exploration of the SLP depends on the prior authorization by Anatel, which will be issued for an indeterminate period and against payment.

Sole paragraph. The authorization to explore the SLP will not require prior bidding, except in the event of authorization needed to obtain the authorization to use the corresponding radiofrequencies.

Article 6.The use of radiofrequencies intended for the exploration of the SLP will depend on prior authorization granted by Anatel, whose conditions are established in specific rules.

Sole paragraph. The Authorization to use radiofrequencies is not required when confined means or third-party infrastructure or restricted radiation radiocommunication equipment are used, as defined by the Agency.

Article 7.The Authorization to use radio frequencies related to the Authorization to explore SLP will be issued for a period of up to twenty (20) years, against payment, , extendable for an equal period, only once, and also against payment.

Sole paragraph. The extension of the period of validity of the authorization to use radiofrequencies, when there is an interest, may be requested up to three (3) years before the expiration of the original deadline, and shall be decided on at maximum twelve (12) months, by the admnistration.

Article 8.The exploration of the SLP will give rise to the levy of public prices for the right to explore telecommunications service (PPDESS) and, in the event of use of radio frequencies, the right to use radio frequencies (PPDUR).

Article 9.The following are subjective conditions to obtain authorization of the SLP:

I - to be an individual or legal entity set up under Brazilian law and with headquarters and administration in Brazil; and,

II - not to be prohibited from bidding or contracting with the Government; not to have been declared disreputable or have been punished, in the two (2) previous years, with the declaration of forfeitureof granting, permission or authorization of telecommunications service, or forfeitureof the right to use radio frequencies.

Article 10.The authorization to explore the SLP to capture and transmit Scientific Data will allow the use of satellite systems operating in radiofrequency bands allocated to the Earth Exploration via Satellite, Meteorology via Satellite, Space Operation and Space Research.

Article 11. With a view to obtaining authorization for operation of the service, the applicant must submit to Anatel the following documents:

I - standard form "Request for Telecommunications Services", duly filled and signed by the applicant or its legal representative, which shall contain the purpose, the service area, the technical description of the proposed system, and whether it is intended to perform the service for its own use or for a third party;

II - Corporate Taxpayers’ Registry of the Ministry of Finance (CNPJ), when the request is made by a legal entity or individual entrepreneur;or copy of the identity document andIndividual Taxpayers’ Registry of the Ministry of Finance (CPF), when the request is made by an individual;

III - copies of articles of association and its amendments, duly filed or registered in the competent department, when the request is made by a legal entity or individual entrepreneur; and,

IV - original or copy of the document that grants the applicant powers to represent the individual or legal entity.

Paragraph 1. In the event of exploration of SLP for the capture and transmission of Scientific Data related to Earth Exploration via Satellite, Meteorology via Satellite, Space Operation and Space Research, the technical description of the proposed system referred to in item I shall include the characteristics of the satellite network as well as the radiofrequency bands proposed for use.

Paragraph 2. The document referred to in item I must be notarized or be accompanied by a copy of the identity document of the applicant or its legal representative.

Paragraph 3. The agencies of Direct Federal, State and Municipal Public Administration or of the Federal District are excused from submitting the documents provided for in item III of this article.

Article 12. The Annotation of Technical Responsibility (ART), duly settled, regarding the technical project, signed by a professional qualified and with competence to take responsibility for the technical activities in the telecommunications area, provided by the Regional Council of Engineering, Architecture and Agronomy - CREA, shall remain under the responsibility of the entity and be submitted to Anatel, whenever requested.

Article 13. The Authorized must keep updated all its information in the Technical and Administrative Database of Anatel.

Article 14.The Authorization to explore the SLP will be formalized by the issue of an Act, which will also support the authorization to use the related radiofrequencies, if applicable.

Paragraph 1. The Authorization Act will include the name or corporate name of the Authorized, the Corporate Taxpayers’ Registry of the Ministry of Finance (CNPJ) orIndividual Taxpayers’ Registry of the Ministry of Finance (CPF), the service, the scope, the service area, and the radiofrequencies bands, if applicable.

Paragraph 2. An extract of the Act of Authorization will be published in the Official Gazette as a condition for its effectiveness.

Paragraph 3. The publication of the extract of the Act is conditional to the proof of payment of the public price for the right to explore the SLP.

Paragraph 4. An Act authorizing new radiofrequency bands to capture and transmit Scientific Data using satellite system operating in the radio frequency bands allocated to Earth Exploration via Satellite, Meteorology via Satellite, Space Operation, and Spatial Research, will be issued after the authorization was granted in relation to the SLP, if applicable.

Article 15.The public price for the right to use the radiofrequencies related to the satellite systemto capture and transmitScientific Data, operating in radio frequency bandsallocated to Earth Exploration via Satellite, Meteorology via Satellite, Space OperationandSpatial Research, to be used upon exploration of the SLP, will be paid by the Authorized.

Article 16.The use of satellite systemto locate or track Data Collection Platforms orObservation Stations, operating on radiofrequency bandsassigned to Earth Exploration via SatelliteandMeteorology via Satellite is allowed in the exploration of the SLP.

CHAPTER IV

NETWORKS

Article 17.The implementation and operation of telecommunications networks to support the exploration of the SLP shall comply with the provisions of this chapter.

Article 18.The networks will be organized as routes of free circulationunder the following conditions:

I – use exclusively for communication among user of the service; and,

II – use of private numbering plan to the service.

Sole paragraph. The support networksof the SLP of agencies or entities of the direct or indirect Public Administrationof the Federal, State, Municipal Government, orof the FederalDistrict, as well as of non-profit agencies, may provide Internet connection.

Article 19.It is prohibited:

I – the interconnection among support networksto the SLP;

II – the interconnection among SLP support networksandsupport networksto collective interest service; and,

III – the retaining by an SLP Authorized of network services or resources from service providersof collective interest in the condition of industrial exploration, and such interconnectionmust occur as user access.

Sole paragraph. The prohibition referred to in item I does not apply when the SLP support networks are intended for use in applications of public security and civil defense.

Article 20.The SLP Authorized may provide to the service provider of collective interest telecommunications service, by means of a commercial agreement, its network facilities for the construction of access to services provided in the collective interest..

Article 21.The SLP Authorized may agree with holders of public or private property the use of the necessary infrastructure for the provision of the service; however, it is not ensuredthe right to use such infrastructure.

Article 22.The use of radiofrequencyin a SLP support networkwill be subject to the precedence in meeting the needs ofservice providersin the scope of the collective interest.

Article 23.The exploration of the SLP by using satellite networks shall be accomplished pursuant to the provisions of the Regulationabout the Right to Explore Satellite to Transport Telecommunications Signals, except in the event of use of satellite systemsto capture and transmitScientific Data, operating in radio frequency bandsassigned to Earth Exploration via Satellite, Meteorology via Satellite, Space OperationandSpatial Research.

Article 24.The entity interested in using coordinated and notified orbital resources and spectrum on behalf of the Brazilian administration to capture and transmit Scientific Data, operating in the radio frequency bands assigned to the Earth Exploration via Satellite, Meteorology via Satellite, Space Operation and Spatial Research, shall submit to the procedures contained in the Radiocommunication Regulation of the International Telecommunications Union – ITU.

Paragraph 1. The process of coordination and notification before the ITU is carried out by Anatel, and the entity shall send to the Agency, to initiate this process, the technical information foreseen in Appendix 4 of the Radiocommunication Regulation of the ITU.

Paragraph 2. The interested entity is incumbent upon the payment for recovery of costs, charged by the ITU, referring to publications of the information of Brazilian satellite networks corresponding to the coordination and the notification.

Article 25.When it is used satellite system to capture and transmit Scientific Data, operating in the radio frequency bands assigned to the Earth Exploration via Satellite, Meteorology via Satellite, Space Operation and Spatial Research, the aspects relating to the coordination with spatial and ground systems, in the intended radiofrequency bands, shall be verified.

CHAPTER V

INSTALLATION AND LICENSING OF STATIONS

Article 26.Upon installation of Telecommunications Station, it is incumbent upon the SLP Authorized:

I - to comply with municipal stances and other legal requirements relating to each place regarding the constructions, towers and antennas, as well as the installation of physical lines in public areas; and,

II - to ensure that the installation of its stations is in compliance with the pertinent regulation and with the requirements relating to the installation of radiocommunication stations in the vicinity of airports, aerodromes, radio goniometry and radiomonitoring stations;

Sole paragraph.The installation of telecommunications stations that can cause accidents or damages to the people must be constructed so prevent proximity or contact of people authorized or non-authorized laypeople, including clearly visible warning devices.

Article 27.The registration of the data of the telecommunications stations in the Technical and Administrative Database of Anatel shall be carried out by Self-registration by the Authorized.

Paragraph 1. The applicant shall previously present to the Agency the standard form “Request for Self-registration of Stations”, duly filled and signed by the applicant or its legal representative.

Paragraph 2. The Self-registration must follow the procedures contained in Anatel’s website on the Internet.

Article 28.The telecommunications equipment used to explore the service, including the radiating systems, installed or in operation in Brazil, must have a certification issued or accepted by Anatel, in accordance with the regulation in force.

Article 29.The provisions established in the Regulation on Exposure to Electric, Magnetic and Electromagnetic Fields in the Radiofrequencies Band between 9 KHz and 300 GHz Band shall be complied with in the installation of the radiocommunication transmitting station.

Article 30.The Authorized shall inform the Agency about any alterations to the technical characteristics of its system before the implementation of such alterations; furthermore, it shall update the information already registered regarding the telecommunications stations in compliance with article 27.

Article 31.After the installation of the system, in order to test and adjust it, the Authorized may operate such system in an experimental character, in the authorized radio frequencies if applicable, for the maximum period of ninety days, provided that it has previously communicated the Agency.

Sole paragraph. The experimental character of the operation does not exempt the Authorized from its responsibilities as to the emission of interferences, especially in the maritime and aeronautical radio navigation bands, and any transmission that is causing the interference must be immediately ceased.

Article 32.Before commencing the exploration of the service, the Authorized shall procure the respective License for Functioning of Station, which shall remain available, at any time, to the Agency.

Sole paragraph. The Agency will provide the License for Functioning of Station to the Authorized and the station may commence its definitive operation after payment of the Installation Inspection Fee (TFI) and, when applicable, of the PPDUR, pursuant to the regulation.

Article 33.In the event of any irregularity, the Agency will demand its immediate regularization, and the Authorized is subject to the applicable penalties.

Article 34.The telecommunications stations may be licensed in block, according to the procedure to be defined by Anatel.

Article 35.The SLP Authorized shall keep at Anatel’s disposal, at any time, the documents listed below:

I - Annotation of Technical Responsibility (ART), duly paid, regarding the installation of the station, provided by the Regional Council of Engineering, Architecture and Agronomy (CREA); and,

II - Term of Responsibility for the Installation (TRI) certifying that the installations correspond to the technical characteristics of the stations registered in the Administrative and Technical Database of Anatel.

Article 36.The exclusively receiving stations do not require a License for Functioning of Station, and may be registered in the Administrative and Technical Database of Anatel in the event the Authorized requires protection as a requirement for its functioning or when requested by the Agency.

Sole paragraph. In the event of the request for protection described in the caption of this article, the Authorized shall justify the need for protection.

Article 37The fees due to the Telecommunications Inspection Fund (FISTEL) will be charged from telecommunications stations, except for the exclusively receiving stations.

Article 38.The TFI is payable by the Authorized at the moment of issue of the License for Functioning of Station of the SLP.

Article 39.In the event of transfer of authorization, the public price for the transfer of authorization, provided for in the Regulation for Charging of Public Price for the Right to Explore Telecommunications Services and for the Right to Explore Satellite will be levied and, in the case of transfer of station, the price of the administrative or operational service regarding the issue of Licenses for Functioning of Stations will be levied, in the absence of TFI triggering event.

CHAPTER VI

EXPLORATION OF THE SERVICE

Article 40.When the authorization for use of radio frequencies related to service is granted, the deadline for commencement of the exploration of the SLP cannot be in excess of eighteen (18) months, counted from the date of publication, in the Federal Official Gazette, of the extract of the Act of Authorization.

Paragraph 1. The commencement of the exploration of the service will be evidenced by means of the licensing of at least one Telecommunications Station.

Paragraph 2. The deadlines provided for in this article may be extended only once, for twelve (12) months, if duly justified.

Article 41.In order to comply with its duties, the Authorized may, pursuant to the conditions and limits established by the Agency:

I - use equipment and infrastructures that do not belong to it; and,

II - contract with third parties the development of inherent, accessory or supplementary activities to the performance of the service, as well as the implementation of related projects.

Paragraph 1. In any event, the Authorized will always remain as responsible before the Agency.

Paragraph 2. The relationship between the Authorized and third parties – which have no rights before the Agency – will be governed by the common law.

Article 42.The Authorized shall provide to the Agency, upon request, data and information regarding the exploration of the SLP.

Article 43.The data regarding the amount of accesses in service shall be supplied by the Authorized by means of the Information Collection System (SICI).

Article 44.The Authorized is obliged to comply with the technical rules in force and to prevent harmful interferences to telecommunications service stations regularly installed.

Article 45.The Authorized that ceases to explore the service without legalizing its waiver to the respective authorization remains responsible for the obligations arising from it, also as regards those relatingto the FISTEL.

Article 46The Authorized shall exclude its registration from the Administrative and Technical Database of Anatel upon the disabling of the Telecommunication Station.

Article 47.In the event provided for under the sole paragraph of article 18, the Authorized shall maintain the registration data and connection records of its users for at least one (1) year.

CHAPTER VII

TRANSFERS

Article 48.Upon request of the Authorized the transfer of the authorization to explore the SLP may be carried out at any time, for compensation, after approval of the Agency.

Paragraph 1. The individual or legal entity to receive the authorization shall comply with the provisions of articles 11 and 12 of this Regulation.

Paragraph 2. In the event of transfer of authorization to explore the SLP, the authorization to use radiofrequencies will be transferred to the successor, without charges, for the remainder to the former granting instrument.

Article 49.The SLP Authorized can, without the consent of Anatel, carry out amendments to its articles of association, and it shall communicate the Agency, in up to sixty (60) days counted from the registration of such amendments with the competent agency, those changes that result in split, merger, transformation, incorporation, capital reduction, or transfer of the corporate control of the Authorized.

CHAPTER VIII

ADMINISTRATIVE PENALTIES

Article 50.The infraction or non-compliance with the duties arising from this Regulation subjects violators to the penalties applicable by Anatel, as defined in Book III, Title VI, “Penalties”, of Law Nº. 9472, of 1997, as well as to those penalties arising from the Regulation for Application of Administrative Penalties and other applicable rules.

CHAPTER IX

TERMINATION OF THE AUTHORIZATION

Article 51.The authorization to explore the SLP may be terminated by means of disfranchisement, forfeiture, lapse, waiver or annullment, pursuant to the provisions of the General Telecommunications Law.

Article 52.It is an indispensable condition to maintain the authorization that the object of the grant is not inactive for more than three (3) years.

CHAPTER X

RADIO ASTRONOMY

Article 53.Radio astronomy, defined as being the branch of astronomy based on the reception of electromagnetic waves of cosmic origin, does not depend on authorization to be explored.

Paragraph 1. The service provider must previously communicate to the Agency the beginning of its activities.

Paragraph 2. Radio astronomy stations are exclusively receptors and do not require license for functioning.

Paragraph 3. Radio astronomy stations that demand protection, by request of the entity in charge of the station, shall have its data registered in the Technical and Administrative Database of Anatel for registration purposes only, and such records will be considered in future analyses of interferences carried out by the Agency.

CHAPTER XI

FINAL AND TRANSITORY PROVISIONS

Article 54.The authorizations to explore Private Limited Service in all of its sub-modalities, of restricted interest Specialized Limited Service, in all of its sub-modalities, of Specialized Radio Taxi Service, of Limited Optical Fiber Service, of Limited Service of Stations with Itinerant Operation, of Limited Highway Service, of Special Supervision and Control Service, of Special Radio Autocine Service, of Special Radio Message Service, of Special Radio Paging Service, of Private Limited Radio Paging Service, of Private Limited Mobile Service, of Advanced Message Service, of Special Radio Access Service and of Public Highway Mobile Telephone Service (Telestrada), will be adapted to the regulatory regime of this Regulation.

Paragraph 1. The adaptations referred to in the caption of this articlewill be automatically made by the Agency in the information found in the Technical and Administrative Database, without charges to the Authorized, and assuring, if applicable, the right to use radiofrequencies for the remainder of the time of the former instrument of authorization.

Paragraph 2. The stations of the Authorized recorded in the Technical and Administrative Database of Anatel will be automatically updated by the Agency and excused from the issue of new licenses, being that the current licenses will remain in force until their final term.

Paragraph 3. The Authorized will be informed of the adjustment referred to under the caption of this article, upon its access to the pertinent systems computerized systems of Anatel.

Paragraph 4. The adjustment referred to under the main session is not applied to the authorizations to explore the Limited Mobile Maritime Service and the Limited Mobile Aeronautic Service.

Article 55.Until a technical regulation specific to the SLP is enacted, it is applied to the service provision, as applicable, the set of technical parameters previously established in the regulation to explore Private Limited Service in all of its sub-modalities, of restricted interest Specialized Limited Service, in all of its sub-modalities, of Specialized Radio Taxi Service, of Limited Optical Fiber Service, of Limited Service of Stations with Itinerant Operation, of Limited Highway Service, of Special Supervision and Control Service, of Special Radio Autocine Service, of Special Radio Message Service, of Special Radio Paging Service, of Private Limited Radio Paging Service, of Private Limited Mobile Service, of Advanced Message Service, of Special Radio Access Service and of Public Highway Mobile Telephone Service (Telestrada).

Article 56. This Regulationshall become effective on the date of its publication.

ANNEX II TO RESOLUTION Nº. 617, OF JUNE 19, 2013

Article 1.To give new wording to article 17 and to Annexes I and III of the Regulation for Charging of Public Price for the Right to Explore Telecommunications Services and for the Right to Explore Satellite, approved by Resolution Nº. 386, of November 3, 2004, and amended by Resolutions Nº. 484, of November 5, 2007, Nº. 595, of July 20, 2012, and Nº. 614, of May 28, 2013:

"Article 17.For Radio Amateur Services, Citizen Radio, Mobile Maritime and Mobile Aeronautical, the amount to be paid, corresponding to the public price, is payable at the moment of the first issue of the License for Functioning of Station, which is the instrument that legalizes the authorization to perform such services.”

ANNEX I

ANNEX III