Resolution 457, of 18 January 2007 (REVOKED)

Note: This text does not replace the one published in the Official Gazette January 25, 2007.

THE COUNCIL OF DIRECTORS OF THE NATIONAL TELECOMMUNICATIONS AGENCY (ANATEL), in the exercise of the responsibilities assigned to it by article 22 of Law 9472, of 16 July 1997, and article 35, of the Regulation of the National Telecommunications Agency, approved by Decree 2338, of 07 October 1997,

CONSIDERING the provisions of indent VIII of article 19 of Law 9472, of 1997, assigning to Anatel the management of the radio frequency spectrum by issuing the respective standards;

CONSIDERING the contributions received in response to Public Consultation 685, of 28 March 2006, published in the 29 March 2006 edition of the Government Newspaper;

CONSIDERING the decision taken in its 418th meeting held on 11 December 2006,

RESOLVES:

Art. 1º To approve the Regulation on the Authorization for Temporary Use of Radio Frequencies, attached to this Resolution.

Art. 2º To revoke Resolution 350, of 25 September 2003, published in the 03 October 2003 edition of the Government Newspaper.

Art. 3º That this Resolution shall enter into force on the date of its publication.

PLÍNIO DE AGUIAR JÚNIOR
Council President

ANNEX TO RESOLUTION 457, OF 18 JANUARY 2007

REGULATION ON THE AUTHORIZATION FOR TEMPORARY USE OF RADIO FREQUENCIES

CHAPTER I

OBJECTIVE AND LEGAL BASIS

Art. 1º This Regulation is intended to establish the rules and procedures for authorizations for temporary use of radio frequencies.

Art. 2º The temporary use of radio frequencies is governed by Law 9472, of 16 July 1997, by the Regulation on the Use of the Radio Frequency Spectrum, approved by Resolution 259, of 19 April 2001, by the present regulation, and by the Act of authorization issued by Anatel.

CHAPTER II
GENERAL CONDITIONS

Art. 3º Authorizations for temporary use of radio frequencies may be obtained by any person or entity (corporation or individual).

Paragraph 1. The temporary use of radio frequencies for demonstrations of equipment, or the emission of sounds, or of sounds and images, may be authorized under the Special Service for Scientific and Experimental Purposes.

Paragraph 2. The Special Service for Scientific and Experimental Purposes may be provided on a secondary basis in any radio frequency band.

Art. 4º Authorizations for temporary use of radio frequencies are granted on a secondary basis, without protection against harmful interference, including from stations that are similar in nature, and on the condition that no harmful interference be caused to systems operating on a primary basis.

Stand-alone paragraph. In the event that harmful interference is caused to authorized radiocommunication systems, the transmission will be discontinued immediately until the cause of interference is eliminated. This fact does not warrant an extension of the temporary authorizations.

CHAPTER IIII
SPECIFIC CONDITIONS

Art. 5º Authorizations provided for in this Regulation permit coverage of various events, including demonstrations of equipment that emit radio frequencies, and official visits to Brazil of foreign dignitaries or foreign military vessels and aircraft.

Art. 6º The temporary use of frequencies for the operation of transmitting earth stations will only be authorized provided the landing right of the associated satellite has been granted by Anatel, allowing provision of space capacity on such satellite in Brazil.

Paragraph 1. In the case described in the heading of this article, temporary authorizations will not incur the collection of the public price for the right of using radio frequencies.

Paragraph 2. For demonstration purposes, the temporary use of radio frequencies may, in the discretion of Anatel, be authorized, on an exceptional basis, for operation of satellite transmitting earth stations, whose landing right has not been granted by the Agency. In this case, the applicant will be charged the public price for the right of using radio frequencies, pursuant to the regulations in effect.

CHAPTER IV
APPLICATIONS

Art. 7º To obtain a temporary authorization for coverage of various events, the applicant or his legal representative must submit to the competent superintendence, pursuant to the Agency‘s bylaws, in the form of applications in Attachment I, at a minimum, the following information:

I - name, address and taxpayer’s identification number of the applicant;

II - telephone and facsimile numbers (if available);

III - brief description of the applicant’s activities;

IV - description of the proposed use of frequencies (sports events, equipment demonstrations, etc.);

V - type of service to be provided (inform if the applicant already holds an authorization to provide the service);

VI - description of equipment to be used;

VII - authorization period (commencement and termination dates) and operation schedule of transmitting stations;

VIII - location of transmitting stations and, if applicable, geographical coordinates;

IX - radio frequency coverage area (in km2) or parameters that permit its calculation (antenna 3 dB beam width and distance between stations);

X - transmit and receive frequencies of each station, indicating alternatives (if any);

XI - bandwidth occupied by the emissions;

XII - maximum transmit power of each station (in dBm);

XIII - antenna gain (in dBi) and other available characteristics;

XIV - Number of fixed, mobile and base stations (if applicable);

XV - satellite identification, including orbital position (if applicable);

XVI - A document demonstrating that prior coordination has been satisfactorily completed with other radio communications users that might object to the proposed emissions;

XVII - a statement, based on the conformity report prepared by a qualified professional, attesting that operation of the station, under the evaluation conditions, will not cause human exposure to levels of radio frequency electromagnetic fields in excess of the limits specified in the regulation approved by Anatel Resolution 303.

XVIII - technical expert: name and CREA (Regional Engineering and Architecture Council) registration number and region.

Paragraph 1. Authorizations for temporary use of radio frequencies will only be granted upon the presentation of the original application described in the heading of this article. Applications submitted in advance via facsimile may be accepted for filing.

Paragraph 2. In case of applications for equipment demonstrations, the entity for which the demonstration or public access event will be conducted must be indicated thereon.

Paragraph 3. In the case of applications under article 6 of this Regulation, in addition to the provisions in the heading of this article, the applicant must submit documents demonstrating that the satellite space capacity is being leased from the foreign satellite owner’s legal representative in Brazil or from the entity holding the landing right of the Brazilian satellite.

Paragraph 4. In the case of applications involving frequencies already assigned for the exclusive use of another entity, a document issued by such entity containing its consent regarding the application must also be submitted.

Paragraph 5. The Agency may require additional information and documents that it may judge necessary for the review of the application or the decision to grant or deny the request for temporary authorization.

Art. 8º A request for temporary authorization by foreign diplomatic missions, during visits to Brazil of foreign dignitaries, or of foreign military vessels, must be filed with the Ministry of Foreign Affairs, in the form of applications in Attachment II, which must contain the following information:

I - identification of the applicant;

II - description of the service to be rendered;

III - period of operation of the transmitting stations;

IV - location of the equipment to be utilized;

V - transmit and receive frequencies of each station, indicating alternatives, if any;

VI - bandwidth occupied by the emissions;

VII - maximum transmit power of each station (in dBm);

VIII - number of fixed, mobile and base stations, as applicable.

Art. 9º A request for temporary authorization must be filed with Anatel at least 10 working days prior to the estimated date of commencement of operation of the transmitting stations.

Stand-alone paragraph. Under exceptional circumstances, Anatel may, at its discretion, accept requests for temporary authorizations filed within less than 10 working days, when an adequate justification is provided.

Art. 10º If the application is incomplete, the applicant will be notified by an official letter indicating what information is required to complete the application, which must be resubmitted before the compliance deadline expires.

Stand-alone paragraph. If the applicant fails to comply with the formal requirements or takes no action within the specified period, the processing of the application will be discontinued and the application withdrawn from further consideration.

Art. 11º A request for temporary authorization made by the same applicant for the same frequency band segment, even though it proposes alterations of the technical characteristics or location of one of the transmitting stations, will not be granted, if such applicant obtained an authorization for a period longer than 7 days in the previous three months.

 Stand-alone paragraph. The provisions in the heading of this article will not apply to applications submitted in accordance with article 8.

 CHAPTER V
AUTHORIZATION

Art. 12º After the application is reviewed and accepted, an Act authorizing the temporary use of frequencies will be issued under the established conditions.

Art. 13º The Act includes the Authorization for Use of Radio Frequencies, the Station Operating License, as described thereunder and, when necessary, the pertinent authorization to provide the service.

Art. 14º In the event the application is rejected, the applicant will be notified by written notice.

Art. 15º A copy of the Act authorizing the temporary use of radio frequencies will be made available to the applicant after presentation of proof that the costs under article 17 were paid.

Art. 16º In the case of requests for temporary authorizations under article 8, a copy of the Act authorizing the temporary use of radio frequencies will be forwarded to the Ministry of Foreign Affairs.

Stand-alone paragraph. In the case of visits of foreign military vessels to Brazil, a copy of the Act authorizing the temporary use of radio frequencies accompanied by the pertinent application will be forwarded for the information of the Brazilian Navy General Staff.

CHAPTER VI
COSTS

Art. 17º The Act authorizing the temporary use of radio frequencies will take effect upon proof of upfront payment of --

I - the installation inspection fee, calculated on the basis of the number of mobile and base stations, in accordance with Annex I of Law 5070, of 07 July 1966, amended by Law 9472, of 16 July 1997 and Law 9691, of 22 July 1998.

II - the public price for the right of using radio frequencies, calculated in accordance with the Regulation on the Payment of the Public Price for the Right of Using Radio Frequencies, based on the characteristics of each application, in accordance with the provisions of article 7.

III - the public price for the right of providing the service, as applicable, in accordance with the specific regulations applicable.

CHAPTER VII
AUTHORIZATION PERIOD

Art. 18º The Act authorizing the temporary use of radio frequencies will take effect on the date of its signature, subject to the payment of the costs described in article 17, when applicable, and will be automatically revoked at the end of the authorization period.

Art. 19º The maximum period permitted for the temporary use of frequencies is forty-five (45) days.

CHAPTER VIII
ADMINISTRATIVE SANCTIONS

Art. 20º Failure to fulfill the obligations related to the temporary use of radio frequencies, for any reason, will subject the offenders to the sanctions contained in the specific regulations in accordance with article 173 of Law 9472, of 1997.

Art. 21º When the unauthorized use of radio frequencies is detected, the Agency will determine the provisional suspension of the station’s operation in accordance with the standalone paragraph of article 175 of Law 9472, of 1997.

Art. 22º The following are considered aggravating circumstances, in addition to those contained in the Regulation on the Use of the Radio Frequency Spectrum and in the Regulation on the Application of Administrative Sanctions:

I - the licensee of a temporary authorization generates radio frequency emissions other than those authorized and which cause interference to radiocommunication systems regularly authorized by Anatel;

II - the interested party submits an application and, prior to obtaining the authorization covered by such an application, begins operation of the radio communications transmitting station.

CHAPTER IX
FINAL PROVISIONS

Art. 23º Telecommunications equipment used in applications that require a temporary authorization are exempt from certification.

Art. 24º In the case of temporary use of radio frequencies for which international agreements or specific national regulations exist, there is no need to obtain an authorization.

Stand-alone paragraph. The use of radio frequencies by foreign commercial vessels passing through Brazil is included in this article.

Art. 25º It is the responsibility of Anatel to resolve unforeseen circumstances and clarify any questions regarding the provisions contained in this Regulation.