LEI No. 13,116, OF April 20, 2015

Establishes general standards for deployment and sharing of the telecom infrastructure and changes the Laws #s 9,472, of July 16, 1997, 11,934, of May 5, 2009, and 10,257, of July 10, 2001.

A CHAIRWOMAN OF THE REPUBLIC I do know that the National Congress enacts and I sanction the following Law:

CHAPTER I

GENERAL PROVISIONS

Art. 1º This Act sets out general standards applicable to the process of licensing, installation and sharing of telecommunications infrastructure, with the purpose of making it compatible with the socio-economic development of the Country.

§ 1º The management of the infrastructure of which it treats the caput will be carried out in a way to meet the social, economic and technological goals established by the public power.

§ 2º Are not subject to the devices provided for in this Act:

I-the telecommunications infrastructure aimed at the provision of services of restricted interest in off-shore oil exploration platforms;

II-military and civilian radars with purpose of defense or air traffic control, the operation of which is to comply with regulation specific;

III-the aeronautical radionavigation and aeronautical telecommunications infrastructure, fixed and mobile telecommunications, intended to ensure the safety of air operations, the operation of which should comply with the specific regulations.

§ 3º Applied in a supplementary manner the state and district legislations, resguarded the provisions of the art. 24, § 4º, of the Federal Constitution.

Art. 2nd The provisions of this Act are aimed at promoting and nurturing investments in telecommunications networks infrastructure, targeting, among others:

I-to uniformity, simplification and swiftness of procedures and criteria for the outorship of licences by the competent bodies;

II-to the minimization of the urbanistic, landscape and environmental impacts;

III-to the extension of the installed capacity of telecommunication networks, with a view to technological upgrading and the improvement of coverage and quality of services provided;

IV-as a precaution against the effects of non-ionizing radiation emission, according to the parameters defined in law; and

V-to the incentive to share telecommunication networks infrastructure.

Art. 3º For the purposes of this Act, the following definitions are adopted:

I-surplus capacity: installed support infrastructure and not used, fully or partially, available for sharing;

II-sharing of infrastructure: cession, onerous title, of surplus capacity of the supporting infrastructure, for the provision of telecommunications services by carmakers from other economic groups;

III-holder: physical or legal person holding, administrates or controls, directly or indirectly, a support infrastructure;

IV-right of way: prerogative to access, use, cross, cross, transpose and walk real estate property alheia, with the aim of building, installing, altering, or repairing infrastructure of support, as well as cables, systems, equipment or any other features or elements of telecommunication networks;

V-radiocommunication transmitting station: set of equipment or apparatus, devices and other means necessary for the realization of communication, including its accessories and peripherals, which emit radio frequencies, enabling the provision of telecommunications services;

VI-supporting infrastructure: fixed physical means used to support telecommunication networks, among which poles, towers, masts, cabinets, surface structures and suspended structures;

VII-threshold of triggering: percent usage of the capacity of the radiocommunication transmitter station that determines the need for expansion of the capacity of the station or of the preseason system;

VIII-carmaker: legal person holding concession, permission or authorization for the operation of telecommunications service;

IX- radiocommunication: telecommunication using radioelectric frequencies not confined to wires, cables or other physical means; and

X-telecommunication network: continuous operating set of circuits and equipment, including transmission functions, switching, multiplexing, or any other indispensable to the operation of telecommunications services.

Art. 4º The application of the provisions of this Law shall be governed by the following assumptions:

I-the national telecommunications system composes of public and relevant utility goods and services social interest;

II-the regulation and surveillance of technical aspects of networks and telecommunications services shall be exclusive competence of the Union, being vetoed to the States, to the Municipalities and the Federal District to impose condiments that may affect the selection of technology, the topology of the networks and the quality of the services provided;

III-(VETADO);

IV-the carmakers must comply fully with the legal and regulatory provisions applicable to their economic activity, in particular those concerning the safety of the users of the services, being liable to civil and criminal accountability in the event of defulfillment;

V-the optimization of resources arising from the sharing of infrastructure should be reversed in investments, by the makers of the services, in their magnification and modernization, as well as in the mapping and georreferencing of networks in order to ensure the public power is due information about its location, dimension and available capacity;

VI-the rational use of resources and the technological modernization of networks and their support infrastructure, with a view to reducing environmental impact, should permanently guide the decisions of the preseasers;

VII-to the federated people compete to promote the reconciliation between environmental, spatial and telecommunication standards;

VIII-the acting of the States, of the Municipalities and of the Federal District shall not compromise the conditions and deadlines imposed or contracted by the Union in relation to any telecommunications service of collective interest.

CHAPTER II

FROM THE INSTALLATION OF INFRASTRUCTURE AND TELECOMMUNICATIONS NETWORKS

Art. 5º The licensing for the installation of infrastructure and telecommunication networks in urban area will comply with the provisions of this Act and will be guided by the following principles:

I-reasonableness and proportionality;

II-efficiency and celerity;

III-integration and complementarity between the infrastructure installation activities of support and urbanization;

IV-reduction of the landscape impact of telecommunication infrastructure, where technically possible and economically viable.

Art. 6º The installation of telecommunications network infrastructure in urban area will not be able to:

I-obstruct the movement of vehicles, pedestrians or cyclists;

II-bucking approved urbanistic and landscape parameters for the area;

III-harm the use of squares and parks;

IV-harm the visibility of drivers who circulate in public lane or interfere with the visibility of traffic signage;

V-damage, prevent access or impossible to maintain the maintenance, operation and installation of infrastructure of other public services;

VI-jeopardize the security of third parties and neighboring edifices;

VII-disrespect the norms regarding the Aerodrome Protection Zone, the Helipoint Protection Zone, the Air Navigation Protective Zone and the Navigation Procedures Protection Zone Aerial, edited by the Command of Aeronautics.

Art. 7º The licences required for the installation of support infrastructure in urban area will be dispatched upon simplified procedure, without prejudice to the manifestation of the various competent organs in the course of the proceedings administrative.

§ 1º The deadline for issuance of any licence referred to in the caput may not be greater than 60 (sixty) days, counted from the date of application.

§ 2º The requirement that it treats § 1º will be unique and directed to a single organ or entity in each federated ente.

§ 3º The time frame provided in § 1º will be counted in common form in cases where it is required manifestation of more than one organ or entity of a same federated person.

§ 4º The body or entity of which it treats § 2º may require, a single notice, clarifications, supplementation of information or making changes to the original project, respected the time frame provided for in § 1º.

§ 5º The time frame provided for in § 1º will be suspended between the date of the notification of the requirement referred to in § 4º and the date of the submission of the clarifications, information or changes by the requester.

§ 6º In the chances of use of mechanisms of consultation or public hearing, in the processes referred to in the caput, the time frame provided for in Paragraph 1º of this article will not be posteredfor more than 15 (fifteen) days.

§ 7º The term of the term of the licences referred to in the caput will not be less than 10 (ten) years and may be renewed for equal periods.

§ 8º Will be waived from new licensing the support infrastructure the radiocommunication transmitter station on the occasion of the change of technical characteristics arising from process of replacement, replacement or technological modernization, in the terms of regulation.

§ 9º Will be waived from new licensing to support infrastructure the transmitting station of radiocommunication with standards and technical characteristics equated with previous already licensed ones, pursuant to the regulations of the National Telecommunications Agency (Anatel).

§ 10. The process of environmental licensing, when it is necessary, will occur in an integrated manner to the licensing procedure indicated in this article.

Art. 8º The competent organs shall not be able to impose conditions or sealings that prevent the provision of telecommunications services of collective interest, pursuant to the current legislation.

Single paragraph. Possible conditionings imposed by the competent authorities in the installation of support infrastructure will not be able to cause non-isonomic conditions of competition and provision of telecommunication services.

Art. 9º The National Council for the Environment (Conama) will discipline the environmental licensing procedure referred to in § 10 of the art. 7º.

Art. 10. The installation, in urban area, of infrastructure of small-sized telecommunications networks, as defined in specific regulation, will waive the issuance of the licences provided for in the art. 7º.

Art. 11. Without prejudice to the eventual right of return, the responsibility for the technical compliance of the telecommunications network infrastructure will be of the holder of that infrastructure.

Art. 12. It will not be required to contraption on the grounds of the right of passage on public roads, on domain tracks and other public goods of common use of the people, even if such goods or facilities are operated by means of concession or other form of delegation, excepted those whose contracts have elapsed from previous tenders at the date of promulgation of this Act.

§ 1º The provisions of the caput do not cover the costs required for the installation, the operation, maintenance and removal of the infrastructure and equipment, which are to be arched by the concerned entity, and does not affect compensation obligations arising from possible effective damage or significant use constraint.

§ 2º The right of way will be authorized by the regulatory bodies under whose competence is the area to be occupied or traversed.

Art. 13. The competent regulatory body in the form of the regulation:

I-will establish the technical parameters for installation, operation, maintenance and removal of the telecommunications networks, including its supporting infrastructure;

II-(VETADO).

CHAPTER III

OF TELECOMMUNICATION INFRASTRUCTURE SHARING

Art. 14. It is mandatory the sharing of the surplus capacity of the supporting infrastructure, except when there is justified technical reason.

§ 1º The obligation to which the caput refers will be observed from form not to harm the urban, historical, cultural, tourist and landscape heritage.

§ 2º The conditions under which the sharing could be waived will be determined in specific regulation.

§ 3º The construction and occupancy of supporting infrastructure must be planned and executed with views to enable its sharing by as many as possible bookmakers.

§ 4º The sharing of infrastructure will be carried out in a non-discriminatory manner and at fair and reasonable prices and conditions, having as a reference the sectoral cost model.

Art. 15. Under the regulations of the Anatel, the detainees should make available, in a transparent and non-discriminatory manner, to the possible requesters, documents that describe the conditions of sharing, including, among others, information georreferenced techniques of the available infrastructure and the applicable prices and deadlines.

Art. 16. Works of public interest infrastructure are expected to conduct the installation of infrastructure for telecommunications networks, as per specific regulation.

CHAPTER IV

OF STATIONS RADIOCOMMUNICATION TRANSMISSES

Art. 17. The installation of the radiocommunication transmissive stations should occur with the minimum of landscape impact, seeking aesthetic harmonization with the erection and integration of the equipment to the urban landscape.

Art. 18. Radiocommunication transmissive stations, including user terminals, are expected to meet the limits of human exposure to the electric, magnetic and electromagnetic fields established in law and in the specific regulation.

§ 1º The surveillance of the attention to the legal limits mentioned in the caput is of competence of the federal telecommunications regulatory body.

§ 2º The state, district or municipal bodies should officiate at the federal telecommunications regulator in the case of any indications of irregularities as to the legal limits of human exposure to electric, magnetic fields and electromagnetic.

Art. 19. The evaluation of the radiocommunication transmissive stations shall be carried out by competent entity, which shall draw up and sign compliance report for each station analysed, under the specific regulations.

§ 1º The compliance report is to be published on the internet and presented by its responsible, whenever requested by the competent authorities.

§ 2º The stations duly licensed by Anatel who possess compliance reporting appropriate to legal and regulatory requirements will not be able to have their facility impeded for reasons regarding human exposure to non-ionizing radiation.

Art. 20. It is incumbent upon the automakers and the federal, state, district and municipal public powers to promote society's awareness of the limits of human exposure to the electric, magnetic and electromagnetic fields.

CHAPTER V

OF THE CAPACITY OF THE STATIONS

Art. 21. (VETADO).

§ 1º The makers of which it treats this Act are expected to publish and keep updated on their own internet site or the federal telecommunications regulatory body, for any interested, the usage percentage of the capacity of the stations, as per Anatel regulation.

§ 2º (VETADO).

Art. 22. (VETADO).

Art. 23. (VETADO).

CHAPTER VI

FINAL PROVISIONS

Art. 24. In municipalities with population exceeding 300,000 (three hundred thousand) inhabitants, the municipal public power should institute commission of a consultative nature, which will count on the participation of representatives of civil society and service providers of telecommunications, the purpose of which is to contribute to the implementation of the provisions of this Act in the local area.

Art. 25. The defulfillment of the obligations set out by this Act subject to telecommunications service providers to the application of the sanctions established in art. 173 of the Law no 9,472, of July 16, 1997.

Art. 26. Telecommunication service providers should make available technical and georreferenced information about their infrastructure, according to the parameters set out in specific regulation.

Single partagraph. The regulations will predict, among other aspects, the procedure for access to the information by interested federates and the conditions under which the data will be made available to third parties.

Art. 27. The art. 74 of Law No. 9,472 of July 16, 1997, it passes the invigoration with the following essay:

" Art. 74. The granting, permitting, or authorization of telecommunications service does not exempt the carmaker from the service of the engineering standards and the municipal, state or district laws concerning the construction of civil construction. " (NR)

Art. 28. The arts. 6º, 10 and 14 of Law No. 11,934, of May 5, 2009, go on to invigorate with the following essay:

" Art. 6º ...................................................................................................................

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§ 2º Are allowed the installation and operation of radiocommunication and support infrastructure transmissive stations in private or public goods, with the proper authorization of the owner or, when not possible, from the possessor of the real estate. " (NR)

" Art. 10 ......................................................................................................................

§ 1º The provisions of the caput of this article does not apply to the use of antennas fixed on predial structures, from the harmonized to the landscape and from the installed ones until May 5, 2009.

........................................................................................................................ " (NR)

" Art. 14 ...................................................................................................................

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§ 3º For the marketing of user terminals, it will not be required by states, the Federal District and by Municipalities distinct conditions from those provided for in the regulation of the federal regulatory body of telecommunications, in Law No. 8,078, of September 11, 1990 (Consumer Protection Code), and in the remaining federal standards applicable to consumer relations, including as to the content and the form of providing information to the user. " (NR)

Art. 29. The construction of public or private building intended for the collective use should be performed in order to have pipelines, ducts, pass boxes and other infrastructure allowing the passage of cables and optical fibers for the installation of networks of telecommunications, in the terms of the technical standards of edifices.

Art. 30. The arts. 2º and 3º of the Law No. 10,257 of July 10, 2001, they go on to invigorate with the following essay:

" Art. 2º .....................................................................................................................

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XVIII-priority treatment of the works and buildings of energy infrastructure, telecommunications, water supply and sanitation. " (NR)

" Art. 3º .....................................................................................................................

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IV-institute guidelines for urban development, inclusive housing, sanitation, urban transport and energy and telecommunication infrastructure;

........................................................................................................................ " (NR)

Art. 31. This Act comes into force on the date of its publication.

Brasilia, April 20, 2015; 194º of Independence and 127º of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo

Tarcísio José Massote de Godoy

Nelson Barbosa

Ricardo Berzoini

Luíz Inácio Lucena Adams