MercoPress. South Atlantic News Agency

Brazil passes law for speedier installation of 5G antennas

Known as “positive silence,” providers may proceed with the installations if their applications are not responded to within 60 days

Brazilian President Jair Bolsonaro Thursday signed into law the new provisions for the installation of 5G antennas nationwide, it was announced. The head of state passed the bill in full, meaning he chose not to exercise his veto rights on any part of the document.

Law 14.424/2022 authorizes operators to install telecommunications infrastructure in urban areas if the competent body does not manifest on the request within 60 days. Known as “positive silence,” the authorization should facilitate the deployment of 5G internet antennas in Brazil.

In practice, the rule changes the General Law of Antennas (13.116/2015), to ensure a speedy provision of telephone and internet infrastructure, since each municipality has colliding local norms. Despite the facilitation, companies are not exempt from following municipal land occupation rules.

The text establishes that the competent body or entity may revoke, at any time, the license, if the conditions stipulated in the application or in other pertinent laws and norms are not met. The law also guarantees an administrative appeal with suspensive effect against the decision.

In situations where the final administrative decision by the competent body or entity is to remove the infrastructure, the responsibility to remove the equipment will be up to the company applying for the licenses - the operators or tower operators. It will also be the responsibility of the service providers to repair any damage caused to the environment and any third parties.

In early July, the Senate approved the final version of the text stemming from the Lower House. At that time, Senator Izalci Lucas (PSDB-DF), rapporteur of the matter in the Senate, said that the initiative intended to solve the controversy by allowing telecom operators to install their equipment after the legal deadline has elapsed, if the competent bodies do not respond to their request.

(Source: Agencia Brasil)