DECREE NO. 4,635, OF March 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Ministry of Communications, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the arts. 47 and 50 of the Provisional Measure No. 103, 1º January 2003,

DECRETA:

Art. 1 ° Stay approved the Regimental Structure and the Demonstrative Framework of Cargos in Commission and Functions Gratified from the Ministry of Communications, in the form of the Annexes I and II to this Decree.

Art. 2 ° In due to the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Higher Assessors-DAS and Gratified Functions-FG:

I-of the Management Office, of the Ministry of Management Planning, Budget and Management, for the Ministry of Communications, one of DAS 101.5; two DAS 101.4; eleven DAS 102.2; nine DAS 102.1; four FG-1; and two FG-3; and

II-from the Communications Ministry to the Registry of Management, of the Ministry of Planning, Budget and Management, four DAS 101.3; seventeen DAS 101.2; eleven DAS 101.1; three DAS 102.5; eight DAS 102.4; and two DAS 102.3.

Art. 3 ° The apostilings arising from the approval of the Regimental Structure of which it treats art. 1º should occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for Communications will be publishing, in the Official Journal of the Union, within forty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Higher Advising? DAS referred to in Annex II, indicating, including, the number of vacant posts, their denomination and their respective level.

Art. 4 ° The internal regiments of the organs of the Ministry of Communications shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5 ° It shall be repealed the Decree n ° 4,471 of November 18, 2002.

Art. 6 ° This Decree takes effect on the date of its publication.

Brasilia, March 21, 2003; 182 ° of the Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Miro Teixeira

ANNEX I

REGIMENTAL STRUCTURE OF THE

MINISTRY OF COMMUNICATIONS

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1º The Ministry of the Communications, the body of direct administration, has as an area of competence the following subjects:

I-national telecommunications policy, inclusive broadcasting;

II-regulation, outorship and surveillance of telecommunication services;

III-control and administration of the use of the radio spectrum of radio frequencies; and

IV-postal services.

CHAPTER II

FROM THE ORGANIZATIONAL STRUCTURE

Art. 2nd The Ministry of Communications has the following Organizational Structure:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet;

b) Executive Secretariat:

1. Sub-Secretariat of Planning, Budget and Administration;

2. Subsecretariat of Postal Services; and

c) Legal Consulting;

II-specific organs:

a) Registry of Electronic Communication Services:

1. Department of Service Outorship;

2. Department of Monitoring and Evaluation of Services;

b) Registry of Telecommunications:

1. Department of Services and Telecommunication Universalization;

2. Department of Industry, Science and Technology;

III-linked entities:

a) special municipality: National Agency of Telecommunications-ANATEL;

b) public company: Company Brasileira de Correios e Telégraph-ECT; and

c) mixed economy society: Telecommunications Brazilians S.A. -TELEBRÁS.

CHAPTER III

OF THE COMPETENCE OF THE ORGANS

Section I

From the Direct and Immediate Assistance Bodies to the Minister of State

Art. 3 ° To the Cabinet competes:

I-attend the Minister of State in his political and social representation, occupy himself from the public relations and the preparer and dispatch and their personal expediency;

II-follow up the progress of the Ministry's interest projects, in tramway at the National Congress;

III-provide for the fulfillment of the consultations and requirements formulated by the National Congress;

IV-provide for the official publication and disclosure of the matters related to the Ministry's area of acting;

V-exercise the activity of ouvidoria in the establishment of relations with congenic bodies and the society, to assist in the formulation of public telecommunications policies;

VI-exercise other assignments that are committed to it by the Minister of State.

Art. 4º To the Executive Secretariat competes:

I-attend the Minister of State in the supervision and coordination of the activities of the member Secretaries of the structure of the Ministry and of the entities to it linked;

II-supervise and coordinate the activities related to the federal planning and budget systems, of organization and administrative modernization, of accounting, of financial administration, of administration of information and informatics resources, human resources and general services, within the Ministry;

III-assist the Minister of State in the definition of guidelines and in the implementation of the actions of the area of competence of the Ministry; and

IV-formulate and propose policies and guidelines, objectives and targets, concerning the postal services.

Single paragraph. Does the Executive Secretariat exercise, still, the role of the sectoral body of Civil Personnel Systems? SIPEC, of Organization and Administrative Modernization? SOMAD, of Information Resource Administration and Informatics? SISP, of General Services? SISG, Planning and Federal Budget Officer, Federal Accounting and Federal Financial Administration, through the Undersecretariat of Planning, Budget and Administration, to her subordinate.

Art. 5º À Subsecretariat of Planning, Budget and Administration competes:

I-plan, coordinate, and supervise the execution of the activities related to the federal planning and budget, organization and administrative modernization systems, of accounting, financial administration, administration of information and informatics resources, of human resources and general services, within the Ministry;

II-promoting the articulation with the central bodies of the federal systems referred to in the previous incisit and inform and guide the Ministry's bodies as to compliance with established administrative standards;

III-promote the elaboration and consolidate plans and programs of the activities of your area of competence related to administration, planning and budget and subject them to the top decision;

IV-coordinate the drafting and consolidation of the plans and programs of the Ministry's finalistic activities, in your area of your competence, and subject them to the top decision;

V-follow up and promote the evaluation of projects and activities;

VI-develop the activities of budget, financial and accounting execution, in the scope of the Ministry; and

VII-conduct takeaiton of the expense ordinators and too much responsible for public goods and values and of all the one that gives cause for loss, stray or other wrongdoing that results in damage to the erary.

Art. 6º Subsecretariat of Postal Services competes:

I-subsidize the formulation of policies, guidelines, objectives, and targets regarding postal services;

II-undertake studies targeting the proposition of new services, as well as technical and tariff regulation and standardization, for the execution, control and surveillance of existing postal services;

III-propose methodologies for efficiency assessment, profitability, costs and too much technical, operational, economic and financial parameters of the postal services, necessary for the regulation of postal services and the establishment of tariffs and prices of services;

IV-follow the activities of the postal services operators, with a view to subsidizing the corresponding ministerial deliberations;

V-promoting, within the framework of their competence, interaction with international administrations and bodies; and

VI-carry out the control and follow-up of the performance of ECT.

Art. 7º À Legal Consultancy, the sectoral body of the Advocate General of the Union, competes:

I-advise the Minister of State in matters of legal nature;

II-exercise the coordination of the legal activities of the Ministry and the linked entities;

III-fixing the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed in their areas of acting and coordination, when there is no normative orientation of the Union Advocate General;

IV-elaborate studies and prepare information, by request of the Minister of State;

V-assist the Minister of State in the internal control of the administrative legality, of the acts to be by him practiced or already effective, and of those arising from organ or entity under his legal coordination;

VI- examine, prior and conclusively, within the Ministry:

a) the edital texts of bidding, as well as those of the respective contracts, or congenneric instruments, to be published and concluded;

b) the acts by the which one is going to recognize the inchargeability, or decide the bidding dispensation;

c) the proposals, studies, projects, anteprojects and minutes of normative acts of interest of the Ministry;

d) the processes and the documents involving matter concerning the broadcasting services, their ancillary and ancillary services, as well as postal services;

e) the processes and documents involving matter concerning the supervision of the execution of the services of broadcasting, its ancillary and ancillary;

f) the processes and documents involving subjects concerning administrative or judicial draft matters; and

g) the declaration of administrative act nullity practiced within the Ministry or arising from the organ or entity under its legal coordination.

VII-provide subsidies for the defence of the rights and interests of the Union and provide information requested by the judiciary and Prosecutor's Office; and

VIII-examine orders and court sentences and guide the Ministry's authorities as to their exact compliance.

Section II

From the Singular Specific Bodies

Art. 8º To the Registry of Electronic Communication Services competes:

I-formulate, propose policies and guidelines, objectives, and goals, concerning the Electronic Communication Services;

II-coordinate the activities regarding the orientation, execution and evaluation of the guidelines, objectives and goals, concerning the broadcasting services, their ancillary and ancillary;

III-propose the regulation of broadcasting services, their ancillary and ancillary services, except as to the technical aspects;

IV-carry out the technical, operational, economic and financial evaluation of the companies ' presciors broadcasting services, necessary for the establishment of the conditions required in the provision of the services;

V-proceed to the activities inherent in the outoring of the broadcasting services, their ancillary and ancillary;

VI-scrutinize the exploitation of the broadcasting services and their ancillary and ancillary services in the aspects concerning the programming content of the broadcasters, as well as the society-and-administrative composition and the conditions of legal capacity, economic and financial of the performing companies of the services;

VII-propose administrative procedure aiming at ascertaining infractions regarding the broadcasting services; and

VIII-adopt the necessary measures to the effective fulfillment of the sanctions applied to the enforcers of the broadcasting services, their ancillary and ancillary.

Art. 9º To the Department of Service Outorach competes:

I-plan, coordinate, and elaborate the editions of broadcasting service bidding;

II-coordinate the activities inherent in the outorga of the broadcasting services, their ancillary and auxiliary; and

III-authorize the use of channels, constants of the respective plans, associated with the broadcasting service.

Art. 10. To the Department of Monitoring and Evaluation of Services competes:

I-draw up and propose regulations, standards, standards, instructions and manuals regarding the broadcasting services and their auxiliaries, within the framework of their competence;

II-draw up performance evaluation plans of the implementation of broadcasting services, and their ancillary ones;

III-elaborate studies with views to the development of new broadcasting services and their respective implementation plans;

IV-adopt administrative procedure aiming at ascertaining infractions regarding the broadcasting services; and

V-follow up the adoption of the necessary measures to the effective compliance with the sanctions applied to the broadcasters of broadcasting services, their elders and auxiliaries.

Art. 11. The Telecommunications Registry competes:

I-formulate, propose policies and guidelines, objectives and targets, concerning telecommunications services;

II-orient, follow up, and scrutinize the activities of the National Telecommunications Agency, pursuant to Law No. 9,472, of July 16, 1997;

III-propose the technical regulation and standardization for the implementation of the telecommunications public and private services;

IV-carry out studies aiming at the implementation of measures aimed at the industrial, scientific and technological development of the country's telecommunications sector, which will behold, among other aspects, the generation of new jobs, the balance of the Brazilian trade balance and the improvement of the services provided to society;

V-establish standards, targets and criteria for the universalization of public telecommunications services, as well as follow up with the fulfilment of the targets established;

VI-promoting, within the framework of its competence, interaction with national and international administrations and bodies;

VII-establish standards and criteria for the allocation of resources for the projects and programmes financed by the Fund for Technological Development of Telecommunications? FUNTTEL and by the Universalisation Fund of Telecommunications Services? FUST; and

VIII-elaborated studies and proposals that guide the formulation of programs and projects aiming at the universalization of telecommunications and digital inclusion.

Art. 12. To the Department of Services and Telecommunications Universalisation competes:

I-subsidize the formulation of policies, guidelines, objectives and targets regarding telecommunications services;

II-follow up with evolution of public and private telecommunications services, suggesting necessary changes and adjustments;

III-supervising the activities of ANATEL, pursuant to the public policies defined by the Executive Power, zeling by the correct observance of the policy by the Regulatory Agency;

IV-elaborate performance evaluation plans of telecommunications services;

V-formulate and propose criteria and procedures regarding the planning and the provision of telecommunications services;

VI-subsidize the formulation of policies, guidelines, objectives and targets regarding the universalization of telecommunications services;

VII-accomplish studies with views to the establishment of standards and criteria for the allocation of resources to the programs funded by the FUST; and

VIII-carry out studies with views to the establishment of norms, targets and criteria for the universalization of public telecommunications services, as well as to monitor the fulfillment of the established targets.

Art. 13. To the Department of Industry, Science and Technology competes:

I-subsidize the formulation of policies, guidelines, objectives and targets regarding the industrial, scientific and technological development of the telecommunications sector of the Country;

II-undertake studies with a view to the establishment of standards and criteria for the allocation of resources for the projects funded by FUNTTEL;

III-develop means for the diffusion of innovations scientific and technological pertaining to telecommunications services, notably with regard to projects and programs financed with public resources; and

IV-promote, within the framework of their competence, scientific interaction and of technological development in telecommunications.

CHAPTER IV

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

From the Executive Secretary

Art. 14. The Executive Secretary is to:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall plan of action;

II-supervise and evaluate the execution of the projects and activities of the Ministry;

III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of the systems affected to the area of competence of the Secretariat-Executive; and

IV-exercise other assignments that you are committed to you by the Minister of State.

Section II

Of The Secretaries and Too many Leaders

Art. 15. To the Secretaries it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the execution of the activities of the units that integrate their respective Secretaries, and to exercise other assignments that are committed to them in internal regiment.

Art. 16. To the Chief Minister's Office, the Consultant-Legal, the Undersecretaries, the Directors and the other leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and carrying out other assignments that they are committed to them, in their areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 17. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders.