Source: https://www.redesac.org.mx/regulacion

In 2012, Anatel, Brazil's telecommunications regulator, opened a 450 MHz frequency tender with the obligation to serve rural areas within a radius of up to 30 km of municipal headquarters. This was a specific action of radio frequency licensing aimed at serving rural areas.

In 2013, the agency creates a regulation that NGOs could provider internt access. The resolution 617/2013, in the article 18, allow for the first time, the operation of telecom services without profit, but, the procedures stills bureaucratic for the communities.

In 2017, Anatel approved new rules to facilitate the performance of small regional suppliers that use cable or restricted radiation means. Examples are the 2.4 GHz and 5.8 GHz bands used by Wi-Fi systems. This is Resolution No. 680 of June 27, 2017, which allows the provision of service without authorization or license, just a registration on the page of the regulator.

Currently, it is developing two regulatory actions aimed at the expansion of broadband and the inclusion of small operators. The objective of the Structural Plan of Telecommunications Networks (PERT) is to make a complete diagnosis of the current telecommunications situation in the country, with a view to mapping service gaps and proposing projects for the coverage of these areas and the attention of the unattended population.

Similarly, the Committee of Small Providers (CPP), aims to create a permanent forum for discussions on the needs of small providers and assist them in the expansion of services, mainly broadband Internet access. In order to be considered a small provider, the new General Plan of Competition Goals (PGMC), in its fourth article establishes that any group that has a participation of less than five percent in the market in which it operates is considered to be a small provider.

On the other hand, the evolution of the national fixed telephony market has stagnated over the years as mobile and VoIP services have become increasingly popular; the latter remain unregulated at the national level, which could be another entry for community networks.

There are currently three pilot community cellular telephony projects in the Amazon operated by the Federal University of Pará. Finally, the Universalization Fund (FUST), in the current model, allows its use for the attention of rural and remote areas, but only through the fixed telephony service.

In the context of community networks, there are no explicit legal and regulatory frameworks, but, as already pointed out, there are regulations that symmetrically allow the operation of such non-profit networks. Regulatory symmetry also generates a scenario of inequality, facilitating only service operators through business models. In this context, it is necessary to advance the legal and regulatory framework in several aspects, such as spectrum access, equipment homologation, right to backhaul, decriminalization of unauthorized / non-profit licensed use and public resources for universalization of telecom services, as we shall see below.

Resolution for SCM license (comercial operators): https://www.anatel.gov.br/legislacao/resolucoes/38-2013/465-resolucao-614

Resolution for SLP license (NGOs could operate internet providers) https://www.anatel.gov.br/legislacao/resolucoes/2013/480-resolucao-617

Resolution for license exempt (comercial or non profit operators): https://www.anatel.gov.br/legislacao/resolucoes/2017/936-resolucao-680

Procedures for SCM license (comercial operators with or without license): https://www.anatel.gov.br/Portal/documentos/midias_teia/1897.pdf

Procedures for SLP license (Non profit operators could provide internet with or without license) https://www.anatel.gov.br/setorregulado/servico-limitado-privado

Manual for MOSAICO platform: https://www.anatel.gov.br/Portal/verificaDocumentos/documento.asp?numeroPublicacao=346385&assuntoPublicacao=null&caminhoRel=null&filtro=1&documentoPath=346385.pdf

Resolution for PPDESS: https://www.anatel.gov.br/legislacao/resolucoes/2018/1183-resolucao-702 (for SCM: R$ 400,00; for SLP: R$ 20,00)

Procedures for selfregistration in the STEL system: https://www.anatel.gov.br/setorregulado/index.php/component/content/article?id=183

Only autorized telecom operators could ask for licensed radiofrequencies.

As noticed the resolution 680/2017 already allow the usage of non licensed spectrum, just making a registration, but, it’s important to expand the radiofrequencies as a non licensed espectrum to allow more options of bandwidth and channels with the equipments of wi-fi.

The costs are more low now, but, we need to advance more in the primary use and the questions about regulatory assymetries making diferences betwwen profit and non profit operators. For example fixing the costs of radiofrequencies usage for non profit operators and creating rules for sanction the inefficient spectrum use, allowing that non profit operators could use those radiofrequencies in secondary and primary usages.

Resolution of PPDUR: https://www.anatel.gov.br/legislacao/resolucoes/2018/1152-resolucao-695

Simulation of PPDUR costs: https://sistemas.anatel.gov.br/apoio_sitarweb/SPPDUR/telaz.asp?SISQSmodulo=21730

The right to interconnection for non profit operators doesn’t exists yet in the regulatory framework. The resolution 590/2012 (EILD) only allows commercial operators to make interconnections with asymmetry rules between them. Its important to create new rules for non profit operators with asymmetry too.

Resolution 590/2012 (EILD): https://www.anatel.gov.br/legislacao/resolucoes/2012/332-resolucao-590

In the history of the telecom funds (mainly the FUST) in Brazil, always it benefits the great operators or the federal government. In 2019, the modification of the laws to make a more profitable scenario of the great telcos happened again and about 108 billions of reais in infrastructure was donated for the 3 big telcos in the country (OI, Telefonica, Claro/Net/Embratel group). In parallel the TACs (conduct adjustment term) is discussed in Anatel for years about the debits of the telcos with the Brazilian State. Those two resources (FUST and TACs) sum more then 25 billions. The PERT like said above, is a plan to make agreements of Exchange with those big telcos to apply these resources to universalization of the internet, but, the discussion about the rules are open yet and the disputes are in the table too. In the PERT, for civil society, it is important the application of part of the resources in the essential public networks, even after the loss of the public infrastructure with the law changes. In this issue the civil society is guiding the debate about the investments in access public policies like community networks and public infrastructure of broadband, mainly in backhaul and backbone. About the TACs, the civil society are debating that part of those resources could be applied in Community networks and other kind of public and community policies to expand the internet access, mainly in rural and undeserved areas.

In 2019, the agency make modification in the resolution for equipment homologation, but, it is soon to make an affirmative if this modification will facilitate the Community networks yet, cause the new framework needs more specifications about ARM and what kind of equipment could use the new rules.

Resolution 715/2019: https://www.anatel.gov.br/legislacao/resolucoes/2019/1350-resolucao-715

In the Resolution 589/2012 it is important to change the sanction of unauthorized/non licensed services of serious penalty to soft penalty when the service did not harm other authorized operators and/or the operator was a non profit one.

Resolution 589/2012: https://www.anatel.gov.br/legislacao/resolucoes/2012/191-resolucao-589

This could be used to frame specific questions that should be asked

<callout type=“tip” icon=“true”>This could be for hints / tips / tricks on finding information, what to look for etc.</callout> <callout type=“question” icon=“true”>A question</callout> <callout type=“success” icon=“true”>A good practice example might look like this</callout> <callout type=“danger” icon=“true”>A bad practice to be aware of might look like this</callout>