Resolution nº 635 of May 9th, 2014
Approves the Regulations on the Authorization for the Temporary Use of Radiofrequencies
Remark: This text does not supersede the one that was published on the Federal Government Official Gazette - D.O.U., issue dated May 12th, 2014.
THE BOARD OF DIRECTORS OF THE NATIONAL AGENCY OF TELECOMMUNICATIONS by using the attributions that were granted to them by the article 22 of the Act nº 9,472 enacted on July 16th, 1997 and by the article 35 of the Regulations corresponding to the National Agency of Telecommunications as approved by the Decree nº 2,338 of October 7th, 1997;
CONSIDERING what is established on the Act nº 9,472 enacted in 1997, subsection 8 of the article 19, which attributes to the Anatel the management of the spectrum of radiofrequencies, issuing the respective rules;
CONSIDERING what is stated on the records of the Proceeding nº 53500.010644/2012;
CONSIDERING the decision taken during its Meeting nº 740, held on May 8th, 2014,
Article 1. To approve the Regulations about the Authorization for the Temporary Use of Radiofrequencies, as per the way of the Annex to this Resolution.
Article 2. To revoke the Resolution nº 457, of January 28th, 2007, published on the Federal Government Official Gazette on January 25th, 2007.
Article 3. This Resolution will be effective as from the date of its publication.
JOÃO BATISTA DE REZENDE
President of the Board of Directors
ANNEX TO THE RESOLUTION Nº 635 OF MAY 9th, 2014
REGULATIONS ON THE AUTHORIZATION FOR THE TEMPORARY USE OF RADIOFREQUENCIES
Article 1. These Regulations have the purpose of establishing the rules and the procedures regarding the authorization for the temporary use of radiofrequencies.
Article 2. The temporary use of radio-frequencies is governed by the Act nº 9,472 enacted on July 16th, 1997, the Regulations on the Use of the Spectrum of Radiofrequencies, these Regulations and the Administrative Authorization Act as issued by the Agency.
Article 3. The authorization, that is the purpose of these Regulations, applies to the temporary use of radiofrequencies for the coverage of various events, comprising the exhibition of the emitting product of radiofrequencies and the official visit to Brazil of foreign authorities or foreign military ships and airplanes.
Article 4. Only individuals or legal entities, which comply with the requirements as established on these Regulations, will be allowed to get authorization for the temporary use of radiofrequencies.
Article 5. The authorization for the temporary use of radiofrequencies is granted on a secondary basis, regardless the attribution or assignment of the band and for a determined period, not having the interested party the right to the protection against harmful interferences, inclusively by stations of the same type, not being allowed to cause interference in systems that operate on a primary basis.
Sole paragraph. In case of causing harmful interference in a regularly authorized system of radiocommunications, the transmission must be immediately stopped up to the removal of the interference cause, and this fact will not generate any right to the postponement of the validity period regarding the authorization for the temporary use of radiofrequencies or the reimbursement of the amounts that were paid.
Article 6. There being technical feasibility, the authorization for the temporary use of radiofrequencies regarding the transmission of information of any nature, which might configure the rendering of the radiobroadcasting service of sounds or of sounds and images, even in a temporary way, will have to previously get the competent approval by the Ministry of Communications, according to the way as established on the article 211 of the Act nº 9,472 of 1997.
Article 7. The processing of the request and the issuance of the authorization for the temporary use of radiofrequencies will be performed by electronic means, according to the conditions as established on this Chapter.
Article 8. In order to get the authorization for the temporary use of radio frequencies, the interest person/legal entity or the respective legal representative must perform the self-registration to get access and to send the requests by means of the interactive system made available thru the Internet site of the Anatel.
1st Paragraph. The self-registration, as mentioned on the head, must contain information about the interested party, the respective legal representative, if applicable, and the technical responsible person.
2nd Paragraph. The request to get the authorization must contain as a minimum:
1 - name or Business Name, registration number at the National Roll of Legal Entities of the Finance Ministry (CNPJ [Portuguese siglum]) or the National Roll for Individuals of the Finance Ministry (CPF [Portuguese siglum]) of the interested party;
2 - information for contacts;
3 - technical information about the intended use of radiofrequencies and regarding the satellite;
4 - forecasted starting and ending dates for the temporary use of radiofrequencies; and,
5 - places for the operations of the stations.
3rd Paragraph. The interested legal entity or individual regarding the temporary use of radiofrequencies for operation of the terrestrial transmitter station of telecommunications, linked to the satellite, must submit the evidential document proving that the spatial capacity will be contracted, by the legal representative in Brazil, from the explorer of a foreign satellite or the explorer of a Brazilian satellite.
4th Paragraph. The Agency will be allowed to require other information and documents that it might deem necessary for the analysis of the request or to take the decision about the authorization for the temporary use of radiofrequencies, particularly:
1 - the performance of a previous coordination with the authorized legal entities or individuals for the use of radiofrequencies that might be affected by the intended emission; and,
2 - the statement, based on the Compliance Report prepared in accordance with the specific Regulations, about that the operations of the transmitter station of radiocommunications will not subject, individually or as a whole, the population in general and/or the workers to electric, magnetic or electromagnetic fields, at the band of radiofrequencies from 9 kHz and 300 GHz (CEMRF), as regards to higher values than the established limits.
REQUEST BY A FOREIGN AUTHORITY
Article 9. In order to get the authorization for the temporary use of radio frequencies, by foreign diplomatic missions, for the visit of foreign authorities to Brazil or for foreign military ships and airplanes, the requests must be sent to the Anatel by the Ministry of Foreign Relations (MFR), which will perform the self-registration to get access and to send the requests by means of the interactive system made available thru the Internet site of the Anatel.
Sole paragraph. The request to get the authorization must contain as a minimum:
1 - identification of the foreign diplomatic mission or the international body;
2 - information for contacts at the Ministry of Foreign Relations;
3 - technical information about the intended use of radiofrequencies;
4 - forecasted starting and ending dates for the temporary use of radiofrequencies; and,
5 - places of operations of the stations.
REQUEST FOR MAJOR EVENTS
Article 10. The Anatel will determine the major events that are the purpose of this Chapter and their requirements.
Article 11. The general requirements, as established on the Subchapter 1 of this Chapter, apply to the requests for authorization of radio frequencies regarding major events, and the following requirements, among others, might also be established:
1 - the geographic region corresponding to the major events, where any authorization for use of radiofrequencies will depend upon the previous approval by the responsible body for the management of spectrum in the Anatel, along the performance period of the major event; and,
2 - the requirement to appoint the responsible person to perform as the focal contact point, before the Anatel, for the organization of the activities referred to the request for the authorization regarding the use of radiofrequencies.
MATURITY DATES AND THE DILIGENCES
Article 12. The request for the authorization of the temporary use of radiofrequencies must be submitted to the Anatel, as a minimum, with 15 (fifteen) days of antecedence to the forecasted date for the start of the operations referred to the transmitter stations of radiocommunications, being made exceptions for the requests corresponding to major events, under penalty of non-approval.
1st Paragraph. The requests for the temporary use of radiofrequencies regarding major events must be submitted to the Anatel with the minimum antecedence of 30 (thirty) days before the start of the operations or according to what might be decided by the Anatel as per the Article 10.
2nd Paragraph. In exceptional cases, as long as the urgency is duly proven, the Anatel, as per its criterion, will be allowed to appraise the requests for the temporary use of radiofrequencies being submitted in shorter periods than what is established on the head of this section.
3rd Paragraph. The amounts of the originally due fees, regarding the amounts as established on the second paragraph, will be increased in the range of 10% (ten percent) per day as from the maturity dates as established on the head and on the 1st paragraph of this article.
Article 13. When the request is not duly justified, the interested party will be communicated, by means of the Anatel interactive system, in order to perform the completion of the information, and the Anatel is allowed to determine the period for the compliance with the diligences.
Sole paragraph. The non-compliance with the formalized diligences or the non-manifestation by the interested party, as per the established period, will determine the filing of the request due to lack of interest.
Article 14. It will not be approved, for the same location, a request for the temporary use of radiofrequencies that covers technical characteristics being similar to a former authorization, as issued along the preceding period of 3 (three) months, having a validity being longer than 7 (seven) days.
Sole paragraph. What is established on the head does not apply to the requests submitted according to the articles 9 and 11.
Article 15. The Authorization Act for the Temporary Use of Radiofrequencies will be made available to the interested person, by means of the interactive system, after the approval of the request and after the verification of the payment regarding the costs as established on the Chapter 4 and it will be effective by its publication on the Federal Government Official Gazette.
1st Paragraph. In the case of rejection of the request or the non-payment of the due fees up to the required date, the request will be filed and the interested legal entity or individual will be notified by means of the Anatel interactive system.
2nd Paragraph. The authorization for the temporary use of radiofrequencies, involving major events, whenever it is applicable, will be simultaneously issued with the issuance of the collection slips.
3rd Paragraph. In the case as established on the second paragraph, if the collection slips are not paid, the collection will be performed by the ordinary means, according to the terms of the applicable legislation.
4th Paragraph. New authorizations for the temporary use of radiofrequencies will only be allowed to be issued for the same interested legal entity or individual by means of the confirmation regarding the full acquittance of all of the due debts referred to the previously granted authorizations.
Article 16. The Act comprises the Authorization for the Use of Radio frequencies, the License for the Operations of the Station, as per the way described on it, and, when being necessary, the relevant authorization for the exploration of the service.
Article 17. As regards to the request for the temporary use of radio frequencies, as established on the Article 9, the Authorization Act for the Temporary Use of Radiofrequencies will be made available to the Ministry of Foreign Relations by means of the Anatel interactive system.
Sole paragraph. In the cases of visits of foreign military ships to Brazil, the Authorization Act for the Temporary Use of Radiofrequencies and the relevant request will be made available, by means of the Anatel interactive system, to be known by the Military Navy of Brazil.
Article 18. The Anatel, as per its criterion and in an exceptional way, will be allowed to authorize the temporary use of radiofrequencies for the operations of a terrestrial transmitter station of radiocommunications, linked to a satellite, which exploration right has not been granted by the Agency.
Article 19. On the Authorization Act for the Temporary Use of Radiofrequencies, it will have to be stated the authorized operation period, which will cover the full period of the event, in addition to the additional period for tests, deployment and disassembling, as well as the respective place.
1st Paragraph. The maximum period of the authorizations for the temporary use of radiofrequencies is 60 (sixty) non-postponable days.
2nd Paragraph. The provisions of the 1st paragraph do not apply to the requests by diplomatic missions when they are submitted by the Ministry of Foreign Relations, and for major events.
Article 20. The formalization of the Authorization Act for the Temporary Use of Radio Frequencies will depend upon the previous payment:
1 - of the Installation Inspection Fee - TFI [Portuguese siglum] - calculated on the basis of the number of radio-communications stations, according to the specific legislation;
2 - of the Public Price for the Right to Use Radiofrequencies - PPDUR [Portuguese siglum] - calculated according to the specific Regulations, taking into account the characteristics of each request, having been informed as per what is established on the Article 8; and,
3 - of the public price for the right to explore the service, whenever it is the case, in accordance with the specific Regulations.
1st Paragraph. The temporary use of radiofrequencies, for the operation of the terrestrial transmitter station of radio communications, will generate the collection of the PPDUR, in case that the radiofrequencies being requested are not covered by the exploration right of the satellite as granted by the Agency.
2nd Paragraph. In the case as established on the Article 18, the PPDUR will be collected from the interested legal entity or individual, according to the currently-in-force regulations.
3rd Paragraph. Regarding the calculation of the PPDUR for the radio-frequencies being authorized for the temporary use, the factors K = 25 and E = 1 are established, according to what is stated on the Regulations for Charging of the Public Price for the Right to Use Radiofrequencies.
Article 21. The non-observance of the duties and obligations, resulting from the Authorization Act for the Use of Radiofrequencies, will subject the infringers to the penalties as established on the Act no 9,472 as enacted in 1997, Article 173 as well as to the penalties as stated on the Regulations on the Imposition of Administrative Sanctions of this Agency.
Article 22. If it is verified the non-authorized use of radiofrequencies, the Agency will determine the provisional interruption regarding the operations of the station, on the grounds of the Act no 9,472 as enacted in 1997, Article 175, sole paragraph.
Article 23. The Regulations on the Use of the Radiofrequencies Spectrum will establish rules regarding the non-authorized use of radiofrequencies.
TRANSITORY AND FINAL PROVISIONS
Article 24. The equipments for telecommunications, utilized in the applications that require a authorization for the temporary use of radiofrequencies, are exempted from certification.
Article 25. In the cases of temporary utilization of radiofrequencies, for which there is an international agreement, of which the Federative Republic of Brazil is a signatory, or specific Brazilian Regulations, it will not be necessary the authorization that is the purpose of these Regulations.
Sole paragraph. The utilizations of radiofrequencies, by foreign commercial ships and airplanes, passing by Brazil, are covered by this Article.
Article 26. The responsible body for the management of spectrum in the Anatel will have to solve the non-ruled cases and to clarify occasional doubts about the provisions as contained on these Regulations.