DECREE NO. 5,220 OF September 30, 2004.

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

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, incisos IV and VI, paragraph "a" of the Constitution,

DECRETA:

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

Art. 2º On the basis of 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; three DAS 101.4; twelve DAS 101.3; two DAS 101.1; one DAS 102.5; one DAS 102.3; six DAS 102.2; eleven DAS 102.1; and

II-of the Ministry of Communications for the Management Office, of the Ministry of Planning, Budget and Management, seven FG-3.

Art. 3rd 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 the publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for Communications will make the publication, in the Official Journal of the Union, within thirty 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 Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.

Art. 4º The internal regiment 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. 5º This Decree comes into force on the date of its publication, producing effects from October 6, 2004.

Art. 6º It is revoked the Decree no 4,635, of March 21, 2003.

Brasilia, September 30, 2004; 183º of the Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA
Guido Mantega
Eunício Oliveira

REGIMENTAL STRUCTURE OF THE
MINISTRY OF COMMUNICATIONS

CHAPTER I
OF NATURE AND COMPETENCE

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

I-national telecommunication and broadcasting policy;

II-regulation, outoring and surveillance of telecommunications and broadcasting services;

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

IV-postal services.

CHAPTER II
OF THE ORGANIZATIONAL STRUCTURE

Art. 2º 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. Subsecretariat of Planning, Budget and Administration;

2. Subsecretion of Postal Services; and

c) Legal Consultancy;

II-specific bodies singular:

a) Registry of Electronic Communication Services:

1. Department of Outorship of Electronic Communication Services; and

2. Department of Follow-up and Evaluation of Electronic Communication Services;

b) Registry of Telecommunications:

1. Department of Telecommunication Universalization Services;

2. Department of Industry, Science and Technology; and

3. Department of Digital Inclusion Services;

III-regional bodies: Regional Delegates;

IV-linked entities:

a) special municipality: National Telecommunication Agency-Anatel;

b) public company: Brazilian Company of Posts and Telégraph-ECT; and

c) mixed economy society: Brazilian Telecommunications S. A.-Telebrás.

CHAPTER III
OF THE COMPETENCIES OF THE ORGANS

Section I
Of The Direct and Immediate Assistance Bodies to the Minister of State

Art. 3 ° To The Cabinet compete:

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

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

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

IV-arrange for the official publication and dissemination of the subjects related to the acting area of the Ministry;

V-exercise the activity of ouvidoria in the establishment of relations with congenic bodies and society; and

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

Art. 4º To the Executive Secretariat competes:

I-assist 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 of administrative organization and modernization, as well as those related to the federal planning and budget systems, accounting, financial administration, administration of information resources and informatics, civil personnel 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 Ministry's area of competence;

IV-supervise and coordinate the activities, formulate and propose policies, guidelines, objectives and targets regarding postal services;

V-propose regulation and technical normatization and Postal services tariff;

VI-providing the technical, administrative and financial support necessary for the exercise of the competence activities of the Gestor Council of the Fund for the Technological Development of the Telecommunications-FUNTTEL; and

VII-coordinate the management of the programs implemented with the resources of the funds administered by the Ministry.

Single paragraph. The Executive Secretariat exercises, still, the role of sectoral body of Civil Personnel Systems-SIPEC, of Information Resources and Informatics Administration-SISP, of General Services-SISG, of Planning and of Federal Budget, of Federal and Federal Financial Administration Accounting, through the Subsecretariat of Planning, Budget and Administration, to her subordinate.

Art. 5º To The Undersecretariat of Planning, Budget and Administration competes:

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

II-promote the articulation with the central bodies of the federal systems referred to in the inciso I and to inform and issue suggestions to the organs of the Ministry as to the compliance with the respective standards;

III-coordinate and supervise the drafting of the plan of annual work of the Ministry, in accordance with the programmes and actions of the multiannual plan, and submit it to the top decision;

IV-follow up on the implementation of the Ministry's annual work plan and draw up reports for superior knowledge;

V-develop the activities of budgetary, financial and accounting execution, within the Ministry, concerning the credits under its management; and

VI- conduct takeovers of the expense payers ' and too many responsible for public goods and values and of all the one that gives cause to loss, stray or other wrongdoing that results in damage to the erarium.

Art. 6º The 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 evaluation of the efficiency, profitability, costs and too much technical, operational, economic and financial parameters of the postal services, necessary for their regulation and the establishment of the respective tariffs and prices;

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

V-promoting, within the framework of their competence, interaction with administrations and international bodies related to the postal sector, zeling for the fulfillment of the commitments firmed up by the Union;

VI-promoting, within the framework of its competence, interaction with organs and entities of the administration of national scope related to postal services;

VII-carry out the control and monitoring of the performance of ECT;

VIII-analyze the proposals of ECT for deployment of new services; and

IX-approve instructions and manuals relating to postal services.

Art. 7º To Legal Counsel, the sectoral body of Advocate General of the Union, competes:

I-advise the Minister of State on matters of a 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-advise 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 or her coordination legal;

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, the be published and celebrated;

b) the acts by which it is going to recognize the inexigibility, 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 documents involving matter concerning the broadcasting services, their ancillary and auxiliary, to the telecommunications services and to the postal services;

e) the processes and documents involving subjects referring to administrative or judicial draft matters; and

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

VII-provide grants for the defence of the rights and interests of the Union, and provide information requested by the Power Judiciary and the Public Prosecutor's Office; and

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

Section II
Of The Singular Specific Organs

Art. 8º To The Secretary of Electronic Communication Services competes:

I-formulate and propose policies, guidelines, objectives and targets regarding the broadcasting services, their ancillary and auxiliary;

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

III-propose the regulation of broadcasting services, their ancillary and auxiliary;

IV-proceed to the technical, operational, economic and financial evaluation of the performing legal persons of the broadcasting services, necessary for the establishment of the conditions required for the execution of such services;

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

VI-scrutinizing the exploitation of the broadcasting services and their ancillary and auxiliaries in the aspects regarding the programming content of the broadcasters, as well as the societtal and administrative composition and the conditions of legal, economic and financial capacity of the legal persons performing these services;

VII-institute administrative procedure aiming at ascertaining infractions of any nature concerning the broadcasting services, their ancillary and auxiliary;

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

IX-exclaim license for installation and operation of service station of broadcasting, its ancillary and ancillary.

Art. 9º To the Outorga Department of Electronic Communication Services competes:

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

II-coordinate the activities inherent in the outorts and the monitoring of the installation of the broadcasting services, their ancillary and ancillary;

III-institute administrative procedures, objecting to the dewound and overhaul of outwards of broadcasting services and ancillary and ancillary services to broadcasting services;

IV-promote the formalization of contractual instruments regarding the execution of broadcasting services; and

V-institute and follow up post-outorga procedures relating to broadcasting services, their ancillary and auxiliaries.

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

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

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

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

IV-propose to initiate administrative procedure aiming at ascertaining infractions of any nature, concerning the broadcasting services, their ancillary and ancillary services; and

V-follow the adoption of the necessary measures to the effective fulfillment of the sanctions applied to the executors of the services of broadcasting, its ancillary and ancillary.

Art. 11. The Telecommunications Registry competes:

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

II-assist in the guidance, monitoring and supervision of 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 telecommunication services, provided in the public and private schemes;

IV-carry out studies aiming at the implementation of measures aimed at the industrial, scientific and technological development of the sector of telecom of the Country, which 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-formulate and to propose the establishment of standards, targets and criteria for the universalization of public telecommunications services, as well as to monitor the fulfillment of the established targets;

VI-promote, in the framework of its competency, interaction with national and international administrations and bodies;

VII-formulate and propose the establishment of standards and criteria for allocation of resources to the projects and programs funded by the Universalization Fund of Telecommunications Services? FUST;

VIII-plan, coordinate, supervise and guide, normatively, the activities, studies and proposals that guide the formulation of programs and projects aiming at the universalization of the services of telecommunications and digital inclusion; and

IX-overseeing the execution of the programs and actions aimed at the universalization of telecommunications and digital inclusion services.

Art. 12. To the Department of Telecommunications Universalization Services competes:

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

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

III-supervising the activities of the National Agency of Telecommunications, pursuant to the public policies defined by the Executive Power, by zealting for its correct observance by the Regulatory Agency;

IV-draw up performance evaluation plans of the services of telecommunications;

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

VI-subsidizing policy formulation, guidelines, objectives and targets regarding the universalization of telecommunications services;

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

VIII-carry out studies with views to the establishment of standards, targets and criteria for the universalization of public telecommunications services, as well as follow up with meeting the targets established; and

IX-develop the activities of budgetary, financial and accounting execution, within the Ministry's scope, concerning the credits of the programs and actions aimed at the universalization of the services of telecommunications.

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 sector of telecommunication of the Country;

II-develop means for the diffusion of scientific and technological innovations concerning telecommunications services, notably with regard to funded projects and programmes with public resources; and

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

Art.14. To the Department of Digital Inclusion Services competes:

I-exercise the overall coordination of digital inclusion programs and actions in the Ministry;

II-subsidize the formulation of guideline policies, objectives and targets regarding the digital inclusion programs and actions of the Federal Government;

III-follow up and evaluate government projects of the digital inclusion programs and actions of the Federal Government; and

IV-develop the activities of budget, financial and accounting execution, within the Ministry's framework, concerning the credits of the programs and actions aimed at digital inclusion.

Section III
Of The Regional Organs

Art. 15. To The Regional Police Stations, pursuant to the provisions set out in internal regiment, it is incumbent to carry out the activities of the Ministry, in regional scope, observing the respective areas of administrative jurisdiction.

CHAPTER IV
OF THE ASSIGNMENTS OF THE LEADERS

Section I
Of The Executive Secretary

Art. 16. The Executive Secretary is to:

I-coordinate, consolidate and submit to the Minister of State the annual work plan of the Ministry;

II-supervise and evaluate the implementation of the programs 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 are committed to it by the Minister of State.

Section II
From the Secretaries and too many Leaders

Art. 17. 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.

Art. 18. To the Chief Minister's Office, the Legal Adviser, the Undersecretaries, the Directors, the Delegates and the other leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and to exercise others assignments that are committed to them, in their areas of competence.

CHAPTER V
OF THE GENERAL PROVISIONS

Art. 19. The internal regiment will define the detailing of the integral bodies of the Regimental Structure, the competencies of the respective units and the assignments of their leaders.