Regulation updates Resolution 308/2002, broadening the conditions for restricting the use of radio frequency bands
The 919th Meeting of the Board of Directors of the National Telecommunications Agency (Anatel), the first of the year held on 02/02/2023, approved an update to the Regulation on Radio Signal Blockers (BSR).
The regulation was the result of Public Consultation No. 60, of December 1, 2021, and aims to restrict radio frequency signals in specific situations, such as threats to public order and/or public property, as well as urgent and temporary disaster situations.
Another of Anatel’s aims, with the updating of the Regulation in question, is to keep up with technological developments in the sector, thus taking into account the fact that other radio systems will be affected by these blocks.
In addition, the blockades will cover regions designated by federal public administration bodies as critical, in certain situations, as long as they are expressly designated – not limited to penitentiary perimeters, as was the case under the previous regulation. Who can determine the signal blockages? The federal public administration bodies that may designate blockades are: The Presidency of the Republic; the Institutional Security Cabinet; the Ministry of Defense; the Ministry of Justice and Public Security; the Ministry of Foreign Affairs; the Armed Forces; the Brazilian Agency; the Public Security Bodies (set out in art. 144 of the Federal Constitution, as well as those of the States and Municipalities) and; the Penitentiary Administration Bodies. What are the signal blocking areas? The places that may have their signals blocked will be: prisons; ports and airports; public security or military areas; places of temporary interest to public security bodies, national defense and foreign delegations.
Requests to block signals must be made 15 days in advance, except for urgent cases presented by the Presidency of the Republic, the Institutional Security Cabinet, the Ministry of Defense and the Armed Forces.
It will remain compulsory to homologate jammers and the technical requirements will be defined by Act of the competent Superintendence, and will be previously submitted to Public Consultation. Operators’ obligations Telecommunications operators will have the obligation to maintain secrecy and sign an agreement on the operating conditions with the users of the jammers that will be used.
Anatel will have to keep an up-to-date register of jammers that can be used, as well as mapping and curbing the illegal insertion of jammers on the Brazilian market.
The users of the jammers must only use approved equipment, keep the jammers in perfect working order and keep the installation, location, characteristics and other technical information of the jammers confidential.
The regulation was the result of Public Consultation No. 60, of December 1, 2021, and aims to restrict radio frequency signals in specific situations, such as threats to public order and/or public property, as well as urgent and temporary disaster situations.
Another of Anatel’s aims, with the updating of the Regulation in question, is to keep up with technological developments in the sector, thus taking into account the fact that other radio systems will be affected by these blocks.
In addition, the blockades will cover regions designated by federal public administration bodies as critical, in certain situations, as long as they are expressly designated – not limited to penitentiary perimeters, as was the case under the previous regulation. Who can determine the signal blockages? The federal public administration bodies that may designate blockades are: The Presidency of the Republic; the Institutional Security Cabinet; the Ministry of Defense; the Ministry of Justice and Public Security; the Ministry of Foreign Affairs; the Armed Forces; the Brazilian Agency; the Public Security Bodies (set out in art. 144 of the Federal Constitution, as well as those of the States and Municipalities) and; the Penitentiary Administration Bodies. What are the signal blocking areas? The places that may have their signals blocked will be: prisons; ports and airports; public security or military areas; places of temporary interest to public security bodies, national defense and foreign delegations.
Requests to block signals must be made 15 days in advance, except for urgent cases presented by the Presidency of the Republic, the Institutional Security Cabinet, the Ministry of Defense and the Armed Forces.
It will remain compulsory to homologate jammers and the technical requirements will be defined by Act of the competent Superintendence, and will be previously submitted to Public Consultation. Operators’ obligations Telecommunications operators will have the obligation to maintain secrecy and sign an agreement on the operating conditions with the users of the jammers that will be used.
Anatel will have to keep an up-to-date register of jammers that can be used, as well as mapping and curbing the illegal insertion of jammers on the Brazilian market.
The users of the jammers must only use approved equipment, keep the jammers in perfect working order and keep the installation, location, characteristics and other technical information of the jammers confidential.
The vote of the rapporteur, Councillor Vicente Aquino, was approved by the other members of Anatel’s Board, and approved Draft Resolution VA (SEI No. 9459276) – which provides for radio signal jammers.
It also ordered Anatel’s Obligations Control Superintendence (SCO) to carry out an assessment of the impact of BSR use on quality indicators and to make any adjustments to the Operational Manual.
This analysis will be carried out by the Technical Quality Group (GTQUAL).
Finally, it ordered the Superintendence of Granting and Provision Resources (SOR) to draw up Acts with technical requirements including frequency bands, applications and BSR operating conditions. Want to know more about PDK’s work in the area of telecommunications regulation?
Get in touch with our team.
It also ordered Anatel’s Obligations Control Superintendence (SCO) to carry out an assessment of the impact of BSR use on quality indicators and to make any adjustments to the Operational Manual.
This analysis will be carried out by the Technical Quality Group (GTQUAL).
Finally, it ordered the Superintendence of Granting and Provision Resources (SOR) to draw up Acts with technical requirements including frequency bands, applications and BSR operating conditions. Want to know more about PDK’s work in the area of telecommunications regulation?
Get in touch with our team.
Telecom PDK Regulatory Team