{"id":30374,"date":"2026-02-24T16:49:26","date_gmt":"2026-02-24T19:49:26","guid":{"rendered":"https:\/\/lefosse.com\/?p=30374"},"modified":"2026-02-25T11:24:46","modified_gmt":"2026-02-25T14:24:46","slug":"key-highlights-of-the-telecommunications-sector-in-february-2026","status":"publish","type":"post","link":"https:\/\/lefosse.com\/en\/news\/key-highlights-of-the-telecommunications-sector-in-february-2026\/","title":{"rendered":"Key highlights of the telecommunications sector in February 2026"},"content":{"rendered":"\n

Lefosse in the Media<\/mark><\/strong><\/h2>\n\n\n\n

The Ex-tariff regime is not a tax incentive: limits of the linear reduction under Complementary Law No. 224<\/strong><\/h3>\n\n\n\n

Jo\u00e3o Paulo Cavinatto and Rodrigo do Vale, respectively partner and counsel of Lefosse’s Consumption Tax team, comment on the possible application of the \u201clinear reduction\u201d of federal tax incentives, envisaged by Complementary Law No. 224\/2025, to the Import Tax rate reductions granted under the ex-tariff regime. The discussion carries significant implications for capital and technology\u2011intensive sectors, such as information technology and telecommunications.<\/p>\n\n\n\n

Click here<\/a> to access the full article.<\/p>\n\n\n\n

Monthly Publications<\/mark><\/strong><\/h2>\n\n\n\n

Law ensures the provision of telecommunications services by cooperatives<\/strong><\/h3>\n\n\n\n

On 7 January 2026, Federal Law No. 15,324\/2026 was published, amending Federal Law No. 9,472\/1997 (the General Telecommunications Law) and Federal Law No. 9,295\/1996 to ensure that cooperatives may provide telecommunications services.<\/p>\n\n\n\n

In this regard, several amendments were introduced to the General Telecommunications Law and Federal Law No. 9,295\/1996 to expressly allow cooperatives to obtain authorization to provide telecommunications services of collective interest. Previously, the legislation established that only business corporations were eligible to obtain authorization to operate telecommunications services of collective interest.<\/p>\n\n\n\n

Additionally, cooperatives have been granted the same rights and obligations as companies with respect to the provision of telecommunications services, including: (i) the right to confidential treatment of technical, operational, economic\u2011financial, and accounting information in proceedings before ANATEL; (ii) the possibility of obtaining incentives for investments in research and development projects in the telecommunications sector; and (iii) the obligation to make their networks available to other service providers.<\/p>\n\n\n\n

Click here<\/a> to access the full text of Federal Law No. 15,324\/2026.<\/p>\n\n\n\n

Ongoing Public Consultations and Requests for Comments<\/mark><\/strong><\/h2>\n\n\n\n

Request for Comments No. 10\/2025\/ANATEL<\/strong><\/h3>\n\n\n\n

Subject: <\/strong>To obtain information to support the first edition of Anatel\u2019s Regulatory Sandbox, pursuant to Resolution No. 776\/2025, which establishes the guidelines for the operation of the Experimental Regulatory Environment, Regulatory Experiments, and other experimental regulatory practices within Anatel\u2019s regulatory framework.<\/p>\n\n\n\n

Consultation text<\/a> | Supporting materials<\/a><\/strong><\/p>\n\n\n\n

Deadline for contributions: <\/strong>February 27, 2026.<\/p>\n\n\n\n

Public Consultation No. 48\/2025\/ANATEL*<\/strong><\/h3>\n\n\n\n

Subject: <\/strong>To gather contributions on the proposal aimed at establishing Technical Requirements and Operational Procedures for the Conformity Assessment of Data Centers that Integrate Telecommunications Networks.<\/p>\n\n\n\n

Deadline for contributions:<\/strong> March 3, 2026<\/p>\n\n\n\n

Consultation text<\/a> | Supporting materials<\/a><\/p>\n\n\n\n

*Check the Alert<\/strong> prepared by Lefosse\u2019s Public Law & Regulation and Data Centers teams regarding the public consultation by clicking here<\/a>.<\/p>\n\n\n\n

Public Consultation No 3\/2026\/ANATEL<\/strong><\/h3>\n\n\n\n

Subject:<\/strong> To gather contributions on the proposal aimed at conducting the periodic review of the Frequency Allocation, Assignment, and Distribution Plan (PDFF) for the biennium 2025-2026.<\/p>\n\n\n\n

Deadline for contributions:<\/strong> March 15, 2026<\/p>\n\n\n\n

Consultation text<\/a> | Supporting materials<\/a><\/p>\n\n\n\n

Public Consultation No 6\/2026\/ANATEL<\/strong><\/h3>\n\n\n\n

Subject:<\/strong> To gather contributions on the draft Administrative Rule establishing the Technical Requirements for Conditions of Use of Radio Frequencies for Sound and Image Broadcasting Services, Television Retransmission Services, and Conditional Access Services.<\/p>\n\n\n\n

Deadline for contributions:<\/strong> March 18, 2026<\/p>\n\n\n\n

Consultation text<\/a> | Supporting materials<\/a><\/p>\n\n\n\n

Other Sector Highlights<\/mark><\/strong><\/h2>\n\n\n\n

Implementation of the new fixed telephony Local Areas begins in January<\/strong><\/h3>\n\n\n\n

On 15 August 2025, through Decision No. 202\/2025, ANATEL approved the schedule for the phased implementation of the new rules governing the formation of Local Areas for the Switched Fixed Telephone Service (\u201cSTFC<\/strong>\u201d), established by Resolution No. 768\/2024.<\/p>\n\n\n\n

As of 1 January 2026, the STFC Local Areas have been aligned with the geographic boundaries of the Numbering Areas (DDD codes), significantly reducing the number of local areas in the country, from 4,118 to 67. In practice, calls between municipalities within the same DDD code will no longer be considered long\u2011distance calls and will instead be charged as local calls.<\/p>\n\n\n\n

In addition, the provisions of Resolution No. 777\/2025 concerning the use of ITU E.164 public numbering by the Multimedia Communication Service (\u201cSCM<\/strong>\u201d) \u2013 including rules on interconnection, network remuneration, partial suspension of service, definition of local area, and the prohibition of use by economic groups affiliated with the Local STFC \u2013 will only enter into force on March 1st<\/sup>, 2027.<\/p>\n\n\n\n

Click here<\/a> to access the full text of Decision No. 202\/2025.<\/p>\n\n\n\n

Proposal to create the Center for Mediation and Consensual Solutions advances at ANATEL<\/strong><\/h3>\n\n\n\n

In December 2025, ANATEL initiated an administrative proceeding regarding the proposal to create a Consensuality Committee named the Center for Mediation and Consensual Solutions within ANATEL (\u201cCEMESC<\/strong>\u201d).<\/p>\n\n\n\n

Following an internal consultation, on 22 January 2026, the Office of the Federal Attorney General assigned to ANATEL (\u201cPFE<\/strong>\u2011<\/strong>ANATEL<\/strong>\u201d) issued a legal opinion approving the draft Resolution that will be submitted to public consultation for the creation of CEMESC, subject to the inclusion in the records of the ANATEL documents that motivated the proposed Resolution.<\/p>\n\n\n\n

The matter has been assigned to the reporting Commissioner Alexandre Freire. Final approval of the resolution that will be submitted to public consultation still depend on deliberation by ANATEL\u2019s Board of Directors.<\/p>\n\n\n\n

Click here<\/a> to access the full text of the PFE\u2011ANATEL opinion.<\/p>\n\n\n\n

Legislative Developments<\/mark><\/strong><\/h2>\n\n\n\n

ANATEL expresses support for Bill establishing the National System for the Development, Regulation, and Governance of Artificial Intelligence<\/strong><\/h3>\n\n\n\n

Through Report No. 183\/2025, published in early January 2026, the Superintendence of Planning and Regulation of ANATEL expressed its support for the approval of Bill No. 6,237\/2025, proposed by the Executive Branch, which establishes the National System for the Development, Regulation, and Governance of Artificial Intelligence. Bill No. 6,237\/2025 is currently under review by the Brazilian Chamber of Deputies.<\/p>\n\n\n\n

According to ANATEL, the creation of a collaborative and multisectoral national system is essential to ensure coherent regulation of artificial intelligence across the various economic sectors in which it is applied.<\/p>\n\n\n\n

Furthermore, although ANATEL underscored the importance of the Brazilian Data Protection Agency (\u201cANPD<\/strong>\u201d) as the overarching coordinating entity for artificial intelligence, responsible for issuing general regulations and promoting cooperation and regulatory coherence among sectoral authorities, ANATEL considers it necessary for Bill No. 6,237\/2025 to preserve and strengthen the regulatory powers of sector-specific agencies within their respective areas.<\/p>\n\n\n\n

Click here<\/a> to access the full text of Report No. 183\/2025.<\/p>\n\n\n\n

Judicial Decisions and Court Activity<\/mark><\/strong><\/h2>\n\n\n\n

Superior Court of Justice upholds requirement for CEEE<\/strong>\u2011<\/strong>D to organize wiring on utility poles in the City of Porto Alegre<\/strong><\/h3>\n\n\n\n

On January 5, 2026, a decision issued by Justice Herman Benjamin of the Superior Court of Justice (\u201cSTJ<\/strong>\u201d) was published, upholding a ruling of the Rio Grande do Sul State Court of Appeals ordering the Companhia Estadual de Distribui\u00e7\u00e3o de Energia El\u00e9trica (\u201cCEEE<\/strong>\u2011<\/strong>D<\/strong>\u201d) to present a detailed plan for organizing the wiring infrastructure on utility poles in the city of Porto Alegre. The plan must be implemented within 120 days, subject to a daily fine of BRL 10,000.00.<\/p>\n\n\n\n

CEEE\u2011D argued that responsibility for reorganizing the cables should rest with telecommunications companies. The Justice, however, noted in his decision that CEEE\u2011D itself contributed to the need for judicial intervention, as it had not acted cooperatively with the other parties involved in seeking a consensual solution to the structural problem at issue.<\/p>\n\n\n\n

The decision was issued in the context of the Request for Suspension of Preliminary Injunction and Judgment No. 3696\/RS.<\/p>\n\n\n\n

Click here<\/a> to access the full decision.<\/p>\n\n\n\n

Tax Matters<\/mark><\/strong><\/h2>\n\n\n\n

Updates on Consumption Tax Reform<\/strong><\/h3>\n\n\n\n

In January 2026, Complementary Law No. 227\/2026 (LC 227) was enacted, the second stage of the Tax Reform regulation. In addition to promoting relevant changes to Complementary Law No. 214\/2025, which establishes the general rules for the Tax on Goods and Services (IBS), the Contribution on Goods and Services (CBS), and the Selective Tax, the new law covered a number of other topics:<\/p>\n\n\n\n