The National Telecommunications Agency (ANATEL) and the Brazilian Electricity Regulatory Agency (ANEEL) submitted to public consultation a new joint regulation on the sharing of utility poles between electricity distributors and telecom services providers.
The National Telecommunications Agency (ANATEL), through Public Consultation n.º 17/2022, and the Brazilian Electricity Regulatory Agency (ANEEL), through Public Consultation n.º 73/2021 (postponed through this act), submitted to public consultation a joint resolution proposal intended to overhaul the rules regarding the sharing of utility poles between electricity distributors and telecommunication services providers. The proposal seeks to replace Joint ANATEL-ANEEL Resolution n.º 4/2014.
According to the joint ANATEL-ANEEL regulatory impact analysis, the need to regulate stems from the unorderly occupation of utility poles by the expanding telecom industry. The resulting multiplicity of fixation points and idle cables arise from the competition between telecom service providers and their lack of economic incentive to optimize occupation, as well as from the electricity distributors’ lack of economic incentive to supervise each occupation. In turn, the unorderly occupation harms the competitiveness and safety of both industries.
In that sense, the proposed draft joint resolution seeks to improve the rules regarding the occupation of utility poles, the general rules on the sharing of infrastructure, the transparency related to administrative and technical processes of infrastructure sharing, and the rules regarding pricing. Concerning the latter, the proposal centralizes price setting at ANEEL.
Contributions can be submitted through ANATEL’s website or ANEEL e-mail address, using the template provided on ANEEL’s website, until April 18. The draft joint resolution, joint regulatory impact analysis, and more information are available on both websites. Note that a Brazilian Individual Taxpayers Registry (CPF) is required for ANATEL’s public consultation.
