Anatel has just manifested itself on the Direct Action of Unconstitutionality (ADI) # 6482 / 2020, being judged by the STF, which governs the implementation of telecommunications structures. The purpose of this action is to consider an article of the 13.116 Law, signed by Dilma Rousseff in 2015. And the approval of this action in the STF could have a very negative impact on the technology sector.

The article of law says the following:

Art. 12. No consideration shall be required for the right of way on public roads, in right-of-way areas and in other public assets for common use by the people, even if these assets or facilities are operated through a concession or other form of delegation, except for those whose contracts arise from bidding processes prior to the date of enactment of this Law.

Basically, it says the following: using public land or land granted by the government for telecommunications infrastructure of common interest costs nothing. No city hall can charge, for example, for the use of sidewalks or poles to run fiber optic cables, or space in public places (such as the subway) for mobile phone technology.

The result of this action is predictable: a much higher cost for installing infrastructure. This may impact consumers, with higher prices, but it may also potentially make this installation unviable in some locations, where companies do not believe it is worth paying what is required.

Thus, Anatel sent a request for repudiation to the STF, stating:

Above all, because it foresees the negative economic impacts that the recognition of unconstitutionality may have on the telecommunications sector, and because it disagrees with the legal understanding that supports the ADI proposal, Anatel sent a statement to the STF requesting its entry into the case as a amicus curiae (with the purpose of providing support for decision-making, offering the best technical basis on the topic).

On November 4, representatives from Anatel had already met with ministers to discuss the action in the STF, which could harm the technology. With 5G is coming, her chances of passing are probably slim.

Street: Anatel