Telecommunication’s Newsletter – June and July 2026

Published regulations

Anatel Approves Internal Rules on Artificial Intelligence Governance

On June 1, 2026, Anatel published Internal Resolution No. 554/2026, establishing its Artificial Intelligence Governance Policy (“AIGP“). The policy aims to promote responsible innovation, the protection of fundamental rights, and the ethical, secure, robust, and efficient use of Artificial Intelligence (“AI“) technologies within the Agency.

The use of AI by Anatel is intended to foster: (i) operational efficiency and productivity; (ii) improved service delivery and accessibility; (iii) reduced bureaucracy and administrative simplification; and (iv) responsible innovation.

The Executive Management Committee (“CGE“) will establish a Permanent Thematic Forum with advisory and operational functions to oversee AI governance within Anatel. Its responsibilities include: (i) validating risk-classification criteria for AI solutions; (ii) assessing and prioritizing AI-specific Risk Management Plans; (iii) issuing technical and institutional recommendations to the CGE; (iv) monitoring the implementation of AI-related plans and mitigation measures; (v) coordinating with the Agency’s other risk-governance bodies; and (vi) proposing indicators and metrics to be incorporated into the Tactical Management Plan and the Operational Plan.

The Forum will receive technical support from Anatel’s Artificial Intelligence Research Group (“IA.lab“). Among its duties, IA.lab is responsible for issuing non-binding technical opinions on the development, acquisition, adaptation, or testing of generative AI solutions intended for external users, as well as on high-risk AI solutions used within the Agency.

The full text of Anatel Internal Resolution No. 554/2026 is available here.

Anatel Establishes Telecommunications Sustainability Seal

On June 11, 2026, Anatel published Internal Resolution No. 558/2026, establishing the Telecommunications Sustainability Seal (“Seal“), a voluntary recognition mechanism designed to identify, encourage, and give visibility to companies in the telecommunications and information and communications technology sectors that adopt practices aligned with environmental, social, and corporate governance principles.

The Seal has an incentive-based and reputational nature, aimed at promoting the sustainable development of the sector. Accordingly, participation in the Seal program will not be used as a criterion for the imposition of additional regulatory obligations, the application of sanctions, the granting of direct regulatory benefits, or any other form of preferential treatment under sectoral regulation. Participation also does not create any subjective right, legally protected expectation, or presumption of regulatory compliance.

As participation is voluntary, obtaining the Seal does not exempt companies from complying with applicable legal and regulatory obligations, nor does it replace any supervisory, inspection, or control procedures established under sector-specific regulations.

The use of the Seal is subject to the following conditions: (i) it must be associated with the assessment cycle in which it was granted, in accordance with the rules established by Anatel; (ii) its use may be suspended or revoked in cases of inconsistencies, omissions, or misuse of information; and (iii) it may not be used in a misleading manner or in violation of the guidelines established by the Agency.

The full text of Anatel Internal Resolution No. 558/2026 is available here.

Anatel Approves New Frequency Band Allocation, Designation and Distribution Plan

On July 13, 2026, Anatel published Resolution No. 789/2026, approving a new Frequency Allocation, Designation and Distribution Plan for Brazil (“PDFF“) and amending the Regulation on Channeling and Radiofrequency Usage Conditions for Broadcasting Services and Their Ancillary Services (“RCC-SRA“).

The PDFF establishes the allocation of frequency bands to radiocommunication and radio astronomy services, as well as the designation of frequency bands for telecommunications and broadcasting services and applications, in accordance with Brazilian regulations and the provisions of the International Telecommunication Union (“ITU“) Radio Regulations. The Plan also consolidates rules regarding primary and secondary service allocations, restrictions applicable to the designation of frequency bands, and specific conditions that may affect radiofrequency-use authorizations and station licensing.

Among the key updates introduced by the new PDFF is the adaptation of Brazil’s spectrum planning framework to support Direct-to-Device (“D2D“) connectivity. To this end, the Plan allocates, on a secondary basis, frequency bands traditionally used by terrestrial mobile services to the Mobile Satellite Service (“MSS“), enabling satellite operators to provide direct connectivity to mobile devices.
In addition, one of the main amendments to the RCC-SRA is the update of channeling arrangements to accommodate second-generation digital television technology (“TV 3.0“).

The full text of Anatel Resolution No. 789/2026 is available here.

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Ongoing Public Consultations And Requests For Comments

Public Consultation No. 26/2026/ANATEL
Subject: To gather contributions on the draft Operational Procedure establishing the principles and guidelines for the Anatel Approval Identification applicable to mobile phones, lithium batteries, and chargers used with mobile phones.
Deadline for contributions: August 26, 2026
Consultation text | Supporting materials

Public Consultation No. 32/2026/ANATEL
Subject: To gather contributions for the reassessment of the maximum radiofrequency spectrum holding limits established by Resolution No. 703/2018, with a view to adjusting the applicable limits for each economic group to adequately reflect the changes in the Personal Mobile Service (“SMP“) market over the past five years.
Deadline for contributions: August 31, 2026
Consultation text | Supporting materials

Request for Comments No. 6/2026/ANATEL
Subject: To gather information to reassess the regulatory framework applicable to the telecommunications sector in light of the potential use of Artificial Intelligence throughout the entire service delivery value chain.
Deadline for contributions: September 8, 2026
Consultation text | Supporting materials

Request for Comments No. 3/2026/ANATEL
Subject: To gather information regarding connectivity products and M2M and IoT solutions in the Brazilian market.
Deadline for contributions: September 13, 2026
Consultation text | Supporting materials

Request for Comments No. 7/2026/ANATEL
Subject: To gather contributions on the proposed establishment of a consensus-building committee named the Mediation and Consensual Solutions Center within Anatel (“CEMESC“).
Deadline for contributions: September 18, 2026
Consultation text | Supporting materials

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Other Sector Highlights

Anatel Reaffirms Public Disclosure of Subscriber Access Data for Accredited MVNOs

On March 27, 2026, ANATOn June 19, 2026, through Ruling No. 145/2026, Anatel’s Board of Directors dismissed an administrative appeal filed by Claro S.A. and upheld a prior decision denying confidential treatment to Personal Mobile Service (“SMP“) subscriber access data segmented by accredited Mobile Virtual Network Operators (“MVNOs“).EL launched the Request for Comments No. 1/2026 to collect additional input in support of the rapporteur’s assessment of the draft Regulation on Users’ Duties.

According to the Board, transparency is the general rule governing administrative and regulatory activities, while confidentiality constitutes an exceptional measure that requires a specific legal basis and concrete evidence of regulatory, competitive, or commercial harm. In this case, Anatel concluded that subscriber access data segmented by accredited MVNOs do not, in themselves, fall within the legal grounds for confidential treatment.

The Agency further emphasized that disclosure of such information serves the public interest, enhances transparency, and contributes to monitoring competitive market dynamics, thereby supporting regulatory studies, assessments, and market analyses. Anatel also instructed its Executive Superintendent’s Office (“SUE“) and its Planning and Regulation Superintendent’s Office (“SPR“) to publish all available SMP subscriber access data segmented by accredited MVNOs.

The full text of Ruling No. 145/2026 is available here.

Anatel Clarifies that RGST Labor and Tax Compliance Requirements Also Apply to Outsourced Call Center Operations

On July 17, 2026, Anatel?s Board of Directors approved, based on Vote No. 81/2026 issued by the Agency’s Chairman, the interpretation that the obligations set forth in Article 43, Section 2, of the General Telecommunications Services Regulation (“RGST“), approved by Anatel Resolution No. 777/2025, apply not only to providers authorized to offer telecommunications services of collective interest, but also to companies and other entities engaged by such providers to perform activities related to the provision of those services.

Through this clarification, Anatel confirmed that outsourced telemarketing and customer service operations (call centers), among other activities associated with the provision of telecommunications services, are subject to the requirements of the RGST.

In practice, outsourced companies responsible for such operations must demonstrate the adoption of measures aimed at preventing workplace accidents and protecting workers’ health, as well as prove compliance with their labor and tax obligations.

The decision was issued in response to a request submitted by the National Federation of Call Centers, Installation and Maintenance of Telecommunications Network Infrastructure (“FENINFRA“), which sought clarification regarding the subjective scope of the regulation.

Vote No. 81/2026, unanimously approved by Anatel’s Board of Directors, can be accessed by clicking here.

Anatel Provides Guidance to Service Providers on Transparency Requirements for Telecommunications Service Offers

On July 13, 2026, through Decision Order No. 74/2026/RCTS/SRC, Anatel issued a preventive guidance measure to service providers subject to the General Regulation on Consumer Rights for Telecommunications Services (“RGC“), approved by Anatel Resolution No. 765/2023, regarding the presentation and availability of telecommunications service offers. The measure seeks to standardize the interpretation of the offering rules established in the RGC and its Operational Manual, in light of consumer harm risks identified through the monitoring of offers disclosed since September 1, 2025.

According to the guidance, service offers and their related documentation must be presented in a clear, complete, and easily understandable manner, enabling consumers to immediately identify, among other information, the price, conditions for access and use, benefits, restrictions, term of validity, and, where applicable, minimum commitment periods and early termination penalties. The Agency also instructed that the various documents and materials related to an offer must be consistent with one another, prohibiting structures that result in fragmentation of the offer, dispersion of essential information, or difficulty in identifying the conditions effectively contracted.

The guidance further establishes that digital channels and links associated with offers must direct consumers straight to the documents corresponding to the specific offer. Redirecting consumers to generic repositories or structures requiring additional steps to locate the relevant documentation is deemed insufficient.

For offers that include mobile data allowances, Anatel determined that the main data allowance must be presented clearly, prominently, and separately from any bonus allowances, whose eligibility requirements, usage conditions, maintenance criteria, and usage limitations must be adequately disclosed. In addition, any minimum commitment period must comply with the applicable regulations and be accompanied by clear information regarding the benefit granted and the penalty for early termination.

The full text of Decision Order No. 74/2026/RCTS/SRC can be accessed by clicking here.

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Judicial Decisions And Court Activity

TCU Investigates Changes to the Governance of 5G Auction Commitments

On July 10, 2026, the Federal Court of Accounts (“TCU“) admitted a representation filed by its Specialized Audit Unit for Communications (“AudComunicações“) to investigate potential irregularities in changes made to the governance structure established under Bidding Notice No. 1/2021-SOR/SPR/CD-ANATEL (“5G Auction Notice“). The changes under review may affect the Monitoring Group for the Funding of School Connectivity Projects (“Gape“), the School Connectivity Management Entity (“EACE“), the Monitoring Group for the Implementation of Solutions to Interference Problems (“Gaispi“), and the 3.5 GHz Band Management Entity (“EAF“).

According to AudComunicações, the changes introduced by MCom Ordinance No. 15,371/2024 and by amendments to the bylaws of the entities involved may distort the private management model originally established under the 5G Auction Notice for the implementation of commitments related to public school connectivity, clearance of the 3.5 GHz band, implementation of the Federal Public Administration Private Network, and the Norte Conectado program. The technical unit identified potential risks to legal certainty, adherence to the bidding instrument, transparency, and oversight of the resources allocated to these public policies.

The Reporting Justice, Minister Antonio Anastasia, acknowledged the relevance and materiality of the matter and emphasized that the TCU’s review should assess the new governance model and, if irregularities are confirmed, may prevent its consolidation in light of the potential impacts on oversight, legal certainty, and the effective use of more than BRL 10 billion in indirect public resources.

In this context, the TCU authorized a formal request for information to Anatel, in its capacity as the regulatory authority and granting authority, requiring the Agency to submit documents and clarifications within 15 days regarding the changes introduced. The issues to be addressed include the effects of Decree No. 12,282/2024 and MCom Ordinance No. 15,371/2024 on Anatel’s powers and the rules of the 5G Auction Notice, the legality of the changes to the governance of EACE and EAF, the allocation of remaining balances, the status of guarantees provided by operators, and the legal risks associated with the new institutional arrangement.

Click here to access the full text of the Order.

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Technology, AI And Critical Infrastructure

ANPD launches Public Consultation on the implementation of the Marco Civil da Internet Decrees

On June 30, 2026, the Brazilian National Data Protection Agency (“ANPD“) launched a Public Consultation to gather contributions from society regarding the implementation of the new rules applicable to digital platforms under the Brazilian Civil Rights Framework for the Internet (“Marco Civil da Internet“, Law No. 12,965/2014).

The initiative stems from the powers granted to the ANPD under Decrees No. 12,975/2026 and No. 12,976/2026, which expanded the Agency’s role in overseeing digital platforms and established provisions relating to the duty of care, the prevention of systemic risks and liability arising from third-party content.

The public consultation is structured around ten thematic areas, covering issues such as regulatory priorities, the interpretation of key concepts established by the Decrees, criteria for calibrating obligations according to the economic size of regulated entities, and mechanisms for supervision, monitoring and enforcement. Interested parties have until August 17, 2026, to submit their contributions.

The Public Consultation marks the beginning of the process of developing the regulatory guidelines that will govern the exercise of the ANPD’s new powers under the Marco Civil da Internet, representing an important step towards consolidating Brazil?s new oversight framework for digital platforms.

Read the Public Consultation here.

CNJ approves draft Resolution on judicial authorizations for children’s and adolescents’ artistic activities in the digital environment

On June 23, 2026, the Brazilian National Council of Justice (“CNJ“) approved a draft Resolution regulating the issuance of judicial authorizations for the participation of children and adolescents in artistic activities carried out in the digital environment, pursuant to Article 34 of Decree No. 12,880/2026, which regulates the Digital Statute of Children and Adolescents (“ECA Digital“, Law No. 15,211/2025).

The proposal establishes parameters for judicial authorization requests involving the commercial exploitation of children’s and adolescents’ image in monetized or promoted digital content, setting out rules regarding the authorization procedure, validity period and conditions for granting such authorizations.

The draft Resolution also provides for the creation of the National Registry of Judicial Authorizations for Children’s and Adolescents’ Artistic Activities (“BNAC“), with the purpose of centralizing and standardizing judicial authorizations issued throughout the country.

The initiative represents an important step in the implementation of the Digital Statute of Children and Adolescents, providing greater legal certainty and promoting a more consistent approach among Juvenile Courts nationwide.

ANPD begins monitoring the compliance of app stores and operating systems with the Digital Statute of Children and Adolescents

On June 10, 2026, the ANPD began monitoring the implementation of the obligations established under the ECA Digital by app stores and operating system providers.

The initiative aims to assess the adoption of measures designed to protect children and adolescents in the digital environment, including age assurance mechanisms, age signals, parental controls and other obligations introduced by the new legislation.

During this initial phase, the ANPD requested information from the companies regarding their internal processes, governance mechanisms and technical solutions adopted to comply with the applicable legal requirements.

The initiative marks the practical implementation of the ANPD’s supervisory powers under the ECA Digital and signals the Agency’s prioritization of compliance oversight with respect to entities responsible for the digital ecosystem’s underlying infrastructure.

Read the ANPD’s announcement here.

ANPD begins monitoring websites hosting pornographic content

On June 19, 2026, the ANPD announced the launch of a monitoring initiative targeting platforms hosting pornographic content, with the objective of verifying the adoption of measures designed to restrict children’s and adolescents’ access.

According to the Agency, the first phase will cover 18 platforms representing approximately 98% of the traffic to this type of content in Brazil, enabling the ANPD to assess the level of implementation of the obligations established under the Digital Statute of Children and Adolescents.

The initiative will adopt a preventive approach and seeks to identify the mechanisms implemented by companies to prevent minors’ access, while also supporting the Agency’s planning of future supervisory actions.

The measure reinforces the ANPD’s strategy for the gradual implementation of the ECA Digital, prioritizing sectors considered to pose greater risks to the protection of children and adolescents in the digital environment.

Read the ANPD’s announcement here.

ANPD publishes first results of its AI Regulatory Sandbox

On July 2, 2026, the ANPD published the 1st Partial Monitoring Report on the Artificial Intelligence Regulatory Sandbox, a pilot project designed to test innovative solutions that use artificial intelligence systems and involve the processing of personal data in an experimental, controlled and supervised regulatory environment.

The first cycle was preparatory in nature and focused on structuring the testing environments, aligning methodologies among the teams involved and defining the technical and regulatory conditions required for the subsequent stages. Full testing of the solutions is expected to take place in the upcoming cycles.

The report identified opportunities for improvement related to the testing infrastructure, information-gathering tools and coordination among the parties involved. Topics to be further explored in the upcoming cycles include security, transparency, data governance, anonymization and the production of evidence regarding the systems under evaluation.

Read the 1st Partial Monitoring Report here.

ANPD publishes Technology Radar on Deepfakes

On July 29, 2026, the ANPD published the sixth volume of its Technology Radar series, dedicated to deepfakes, defined as audio, images and videos modified or artificially created through artificial intelligence with a high degree of realism. The study examines how these technologies work, their applications and the risks they pose to personal data protection and safety in the digital environment.

The document analyzes the relationship between deepfakes and the processing of personal data, particularly biometric data such as facial images, voice, gestures and behavioral patterns, and addresses risks associated with the collection, use and dissemination of such information. The study also examines the misuse of this technology in the Brazilian context, including fraud and financial scams, non-consensual intimate content and the manipulation of content in electoral contexts.

The publication comes in the context of the new responsibilities assigned to the ANPD under Decrees No. 12,975/2026 and No. 12,976/2026, which expanded the Agency’s role in supervising digital platforms and established measures aimed at protecting women in the digital environment. In this context, the Technology Radar highlights different strategies for mitigating risks associated with deepfakes, including transparency and traceability mechanisms, detection tools, and digital and media literacy measures.

Read the document here.

Brazil joins the Global Online Safety Regulators Network

On July 27, 2026, the ANPD announced that it has joined the Global Online Safety Regulators Network (“GOSRN“), an international network dedicated to cooperation among authorities responsible for regulating online safety. With its admission, the ANPD became the first regulatory Agency in South America to join the initiative.

The GOSRN promotes the exchange of information, experiences and technical expertise among its members, seeking to enhance the consistency and effectiveness of regulatory approaches across different jurisdictions. Participation in the network will enable the ANPD to monitor international trends, share best practices and develop joint initiatives with authorities facing similar challenges related to the protection of rights in the digital environment.

Membership in the network is also expected to contribute to the implementation of the Digital Statute for Children and Adolescents (“ECA Digital“), which assigned the ANPD regulatory responsibilities related to the protection of children’s and adolescents’ rights on the internet.
Participation in the GOSRN strengthens the ANPD’s presence in international regulatory cooperation forums and expands its engagement with foreign authorities on matters related to online safety and digital governance.

Read the ANPD announcement here.

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Indirect Tax

Tax Reform in Focus

In June, the Federal Court of Accounts (“TCU”) published a resolution addressing the approval of the methodologies and calculation of the CBS and IBS reference rates in the context of implementation of the tax reform.

In the same period, the Federal Revenue Service extended to January 2027 the CNPJ registration requirement for individuals qualifying as IBS and CBS taxpayers, initially scheduled to apply as from July 2026.

Also in June, Technical Note No. 009 – NFS-e was published, updating the layout of the Electronic Services Invoice (“NFS-e“) to reflect tax reform requirements, including the alphanumeric CNPJ, issuance of adjustment notes, and rules for real estate transactions.

For more information on Tax Reform and other relevant news on consumption taxation, access our Consumption Taxation team’s newsletter here.

Rondônia regulates NFCom procedures

On June 15, 2026, the State of Rondônia published a decree adding to the ICMS Regulations supplementary rules on the Electronic Invoice-Bill for Communication Services (“NFCom“).

The rule allows the mandatory deadline for using NFCom to be postponed by granting a special regime, provided that the conditions set out in SINIEF Adjustment No. 07/2022 are met. The decree also provides that the use of ICMS credits, in the specific situations under SINIEF Adjustment No. 07/2022, is conditional on approval of a refund request.

For cases of undue billing, recovery of the tax stated in a previously issued NFCom must comply with the debit reversal rules and, when applicable, the issuance of a Substitute NFCom. Any credit resulting from this procedure may be used only after issuance of the Substitute NFCom.

São Paulo regulates reversal of ICMS unduly debited in NFCom

In an ordinance published on June 24, 2026, the State of São Paulo regulated the procedure for reversing ICMS debits unduly stated by communication or telecommunications service providers in the Electronic Invoice-Bill for Communication Services (“NFCom“), model 62.

The reversal may be made in cases of pricing error, registration error, court decision, tax classification error or service discontinuance. Depending on the case, the procedure will occur through issuance of a substitute NFCom, with the correct amounts, or through recovery of the tax in the NFCom in which the service recipient is reimbursed, with deduction of the amounts unduly paid.

For the substitute NFCom, the ordinance requires, among other procedures, reference to the access key of the replaced NFCom, individual recording in EFD Register D700, adjustment in Register D737, maintenance of recipient identification and indication of the reason for substitution in DANFE-COM. The recipient that receives a substitute NFCom must also record a credit reversal adjustment in EFD Register D737.

The rule does not apply to the Communication Service Invoice (“NFSC“), model 21, or to the Telecommunications Service Invoice (“NFST“), model 22, and prohibits the use of NFCom for adjustment purposes to reverse tax unduly debited.

The ordinance entered into force on the date of its publication.

STJ recognizes validity of ICMS-Difal collection based on the Kandir Law

The 1st Section of the Superior Court of Justice (“STJ“) decided that the ICMS rate differential (“ICMS-Difal“) in interstate transactions destined for final consumers that are ICMS taxpayers could already be required based on Complementary Law No. 87/1996 (“Kandir Law“), before the entry into force of Complementary Law No. 190/2022 (“LC 190“), which regulates the collection of ICMS-Difal in interstate transactions and services destined for final consumers that are not taxpayers of the tax.

The unanimous view prevailed that the Kandir Law already contained sufficient normative density to support collection in this situation. For the panel, LC 190 did not create an indispensable condition for requiring ICMS-Difal in transactions with final consumers that are taxpayers, but rather introduced adjustments and regulatory improvements, especially with respect to transactions destined for non-taxpayers.

Federal Revenue Service and Steering Committee set the start of mandatory issuance of tax reform tax documents

On July 31, 2026, a Joint Act of the Federal Revenue Service and the IBS Steering Committee was published, establishing the dates on which the issuance of the electronic tax documents related to the IBS and the CBS becomes mandatory, representing another relevant step in the operational implementation of the tax reform.

As a general rule, the issuance of NF-e, NFC-e, CT-e, MDF-e, and other electronic tax documents becomes mandatory on August 3, 2026. For certain specific sectors required to issue the NFCom, the NFGas, and the Electronic Water and Sanitation Invoice, later deadlines have been set, between October and December 2026 and January 2027.

The issuance of NFS-e in transactions involving the lease, onerous assignment, and rental of real estate, as well as in transactions involving intangible assets, such as the assignment of rights and the licensing of trademarks, which are not included in the list of services subject to ISS, will be mandatory as from December 1, 2026.

The act also establishes specific rules for particular situations. Taxpayers opting for Simples Nacional will only become required to issue such documents as from January 1, 2027. In addition, the issuance of NF-e for transactions subject to single-phase taxation was also postponed to that same date.

Taxpayers should pay close attention to the schedule applicable to each type of transaction, as the same company may be subject to different dates for the beginning of the mandatory issuance of different tax documents, depending on the nature of the supplies carried out. It will also be important to monitor and, where necessary, to engage in discussions with the Federal Revenue Service and the IBS Steering Committee regarding activities that depend on the consolidated issuance of tax documents, in order to prevent operational requirements from rendering them unfeasible or significantly more difficult.

The rule further provides that the Federal Revenue Service and the IBS Steering Committee will publish, within 30 days, a joint act establishing a compliance program for the issuance of tax documents during 2026.

STF sets aside ICMS surcharge on telecommunications in Alagoas as from 2027

The Brazilian Supreme Court (“STF“) unanimously held that the 1% ICMS surcharge levied on telecommunications services and allocated to the Fund for Combating and Eradicating Poverty (“Fecoep“) of Alagoas ceased to produce effects following the enactment of Complementary Law No. 194/2022 (“LC 194“). The Court modulated the effects of the decision so that the surcharge ceases to be collected as from January 1, 2027, with the exception of judicial and administrative proceedings pending on the date of publication of the minutes of the judgment.

According to the STF, by recognizing telecommunications services as essential and indispensable, LC 194 prevented them from being considered superfluous for purposes of collecting the surcharge allocated to Fecoep. Although the state rule was valid when enacted, the Court held that it partially lost its effectiveness upon the subsequent enactment of the federal complementary law.

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Please note that this material is for informational purposes only. Our team closely monitors trends and developments in the ​Telecommunications​ sector and is available to provide further information on these or any other topics.