Brazil

Anatel seeks proposal to change the requirements for mobile terminals and cell phones certification

Proposal to change the requirements for certification of mobile terminals and cell phones is under Public Consultation

Anatel opened a Public Consultation to receive comments on the proposal to change the requirements for certification of mobile terminals and cell phones.

The objective of the newly suggested rules is to allow the approval of new equipment compatible with 2G and 3G technologies, but only if the equipment is also compatible with the more modern technologies 4G and 5G.

Therefore, the certification of new equipment that only supports older technologies would not be permitted.

The proposal does not affect equipment already certified and used in Brazil, but aims to ensure that new equipment entering the Brazilian market also has the capacity to operate in 4G or higher technology.

This transition to more advanced technological standards, such as Fourth Generation (4G) and Fifth Generation (5G), is a necessary step to meet the demands of new applications and business models, in favor of the country's digital transformation and in a way that directly benefits consumers, the various economic sectors and industry.

Devices that are restricted to or only compatible with 2G and 3G technologies use spectrum less efficiently, and their isolated ecosystems are becoming obsolete to meet the demands of today's applications.

It should be noted that this proposal does not constitute the disconnection of mobile systems that use 3G or lower technology. The shutdown of 2G and 3G systems is a process to be planned and executed by Personal Mobile Service providers, for which all relevant legal and regulatory provisions must be observed, especially those associated with consumer rights and contracts signed with customers for use on mobile systems.

The proposal in question, which amends Acts nº 3,151/2020 and nº 3,152/2020, consists of Public Consultation nº 36, of July 10, 2024, and will be available for comments for a period of 70 days in the Participa System, ending if on September 19, 2024.