ANATEL Regulatory Agenda 2023-2024

Learn about the main themes that will be a priority for the Agency in this biennium

The National Telecommunications Agency (Anatel) has published the Decision No. 394 which provides for the Regulatory Agenda for the Biennium 2023-2024. This document is the instrument that determines the themes that will be prioritized by the Board of Directors for this biennium, fulfilling the Agency’s commitment to publicity, transparency, predictability and efficiency in the regulatory performance of the telecommunications sector. In addition to complying with Federal Law 13.848/2019 (the Regulatory Agencies Law), as well as Internal Resolution 08/2021, the publication of Anatel’s Regulatory Agenda for the 2023-2024 biennium counted on the participation of society, through Public Consultation 48, of 2022. This Agenda is in line with Anatel’s Strategic Plan 2023-2027, and we will now analyze the items considered to be priorities.

Reassessment of the Regulation on the Application of Administrative Penalties
The application of sanctions is one of Anatel’s legal attributions, foreseen in the Federal Law 9.472/1997 (General Telecommunications Law – LGT). It is one of the pillars of the Agency’s value chain, making up one of the priority themes of the Agenda due to the practices of responsive regulation – whose ultimate goal is to provide users with access to the best quality in the services provided. Among one of Anatel’s Strategic Initiatives[1], related to the subject of inspection, is the modernization of inspection mechanisms. The objective is to guarantee the fulfillment of regulatory obligations, with a reduction in the execution of inspection actions, as well as the improvement of the relationship with the regulated sector. Another initiative, also related to inspection, is precisely the implementation of the Regulation of Regulatory Inspection, with increased responsive culture, and in a more effective way.

User’s Council Regulation
With the objective of enabling measures that contribute to improving the quality of services, from the users’ point of view, and in a self-regulated manner, Anatel included as a priority the Evaluation of Regulatory Outcome in the Regulation of the Users’ Council, which was approved by Resolution 734/2020. Within the Agency’s value chain, related to the topic Relationship and Communication, one of Anatel’s attributions is to welcome and deal with consumers’ demands. Among the goals included in its Strategic Plan are to raise the overall satisfaction level of Fixed Broadband customers from 6.9 to 7.5 by 2027, and of Mobile Telephony customers from 7.6 to 8.1, also by 2027. Still on the subject of consumerism, one of the Initiatives of the Strategic Plan is, through the structuring of the monitoring process of retail offers, to promote the economic access of users – having as an expected result the availability to consumers of complete information about sectorial offers. Such topics should certainly be on the agenda of the User Council during this biennium.

Reassessment of the rules applicable to community networks
Due to the fact that community networks can contribute to the reduction of access gaps, especially for indigenous communities, quilombolas, and civil society organizations, Anatel decided to include such rules in the list of priorities for the next biennium. Such a measure may contribute to the public policies of universalization of access to telecommunications services.

PGMC’s Regulatory Result Evaluation (ARR)
Anatel decided not to include ARR in the General Plan of Competition Goals (PGMC), given the fact that Resolution No. 694/2018, which updated Resolution 600/2012, is already an evaluation of the effectiveness of this regulatory remedy, as well as on the need for updating. The theme of competition is very dear to the telecommunications sector and, among Anatel’s competencies, is precisely to periodically reevaluate the regulations with a view to promoting competition – thus ensuring a market with broad, free and fair competition.

Access to network infrastructure certainly contributes to the universalization of telecommunications services, with increased competition and a consequent increase in the quality of the services provided. Among Anatel’s Goals and Objectives in its Strategic Plan 2023-2027 is to stimulate dynamic and sustainable markets for communications and connectivity services. To achieve this goal, the Agency proposes, among other initiatives, to promote regulations appropriate to the competitive context through the PGMC.

Still on the subject of competition in the sector, in order to provide greater robustness to this important demand, and due to the joint impact for the promotion of competition, the Agenda for the next biennium counts on the initiative to unify the Reassessment of the Regulation of Relevant Markets (PGMC) with the Reassessment of the Regulation of Dedicated Line Exploration – EILD.

[1] The strategic initiatives are included in the Strategic Plan 2023-2027, and are intended to fill the gaps between the Agency’s current and desired future performance.