Telecom Alert | July 2020

The Brazilian Telecommunications Agency – ANATEL has recently enacted a new resolution about telecom equipment certification and licensing – ANATEL Resolution No. 715/19. Such resolution came into force on April 22, 2020 and revoked ANATEL Resolution No. 242/2000, which formerly regulated the matter.

As a background: every telecommunications equipment used or commercialized in Brazil must be previously certified and licensed by ANATEL, the Brazilian telecom regulator. It is considered a telecom equipment, among others, (a) any equipment that uses radiofrequency and/or other electromagnetic process to emit, transmit or receive information; and (b) any equipment, device or element that are necessary components of the telecommunication process, including its accessories and peripheral devices.

The new resolution main goals are the alignment of the Brazilian regulation with international standards, as well as the technological developments of the telecom sector.

The new resolution must be supplemented by ANATEL. So far, the following supplementary acts were enacted: (i) ANATEL Act No. 2.220/2020, with respect to the operational procedures for the equipment conformity assessment, (ii) ANATEL Act No. 2.221/2020, with respect to equipment classification and labelling, and (iii) ANATEL Act. No. 2.222/2020, with respect to equipment classification categories and applicable certification models.

The enactment of the remaining supplementary acts to complete the new resolution was delayed because of the Covid-19 pandemic. ANATEL expects this to be concluded by October, 2020. Because of that, some of the dispositions contained in ANATEL Resolution No. 715/19 had their enforceability also deferred.

 

Summary of the Main Changes Provided by ANATEL Resolution No. 715/19 vs. ANATEL Resolution No. 242/2000

I.   Telecom Equipment Definition

ANATEL Resolution No. 715/2019 expressly included in the definition of telecom equipment its accessories and peripheral devices.

 

II.   New Equipment Classification Categories and Certification Models

ANATEL Resolution No. 715/2019 has created different equipment classification categories and certification types and rules.

Telecom equipment are no longer classified into the Categories I, II and III, as set forth in the former regulation. Those categories were replaced by Product Family and Type based on the equipment’s use and related risks, which brings more objectiveness to the equipment classification. The type of certification applicable to each equipment (and related rules) is defined by ANATEL and varies according to the product category.

III.  Licensing Label

ANATEL Act No. 2.221/2020 has introduced new rules regarding the licensing label/seal, being the main ones:

1.   Enabling e-label, as an alternative to the licensing label attaching or etching, subject to the rules outlined by the Act.

2.   The inclusion of ANATEL logo in the label is no longer mandatory.

As a general rule, foreign equipment is required to hold ANATEL licensing label previously to being remitted to Brazil.

IV.  ANATEL License Fee

ANATEL license attainment fee became free of charge. The Designated Certification Bodies (Organismos de Certificação Designados – “OCD”) and laboratory fees related to the equipment technical analysis, testing and certification (that must be done previously to ANATEL licensing) are still due.

 

V.   Market Surveillance Program

ANATEL Resolution No. 715/2019 created the Market Surveillance Program, by means of which ANATEL, with the support of the Designated Certification Bodies, is entitled to collect telecom equipment in commercial establishments and manufacturing unities for purposes of verifying their compliance with regulation standards. This measure aims at increasing ANATEL inspection rights relating to telecom equipment. The Market Surveillance Program is one of the items that had the enforceability postponed until the related supplementary regulation is ready.

 

---

CONTACTS:

Fabiano Gallo
Partner
T: +55 11 3077 3574
E: fabiano.gallo@cmalaw.com

Rafaella Chicachio
Associate
T: +55 11 3077 3529
E: rafaella.chiachio@cmalaw.com

Camila Cavour
Associate
T: +55 21 2217-2039
E: camila.muniz@cmalaw.com