On August 7, 2025, Brazil’s National Telecommunications Agency (Anatel) approved a major update to the regulation governing Terms of Commitment for Conduct Adjustment (RTAC). This revision represents a significant shift in Anatel’s enforcement framework, emphasizing efficiency, transparency, and the reduction of legal disputes.
A Shift Toward Consensual Regulatory Enforcement
The updated RTAC regulation supports Anatel’s ongoing efforts to resolve administrative infractions more collaboratively and reduce the reliance on judicial processes. Historically, unpaid fines have accumulated to over R$2 billion, highlighting the need for more effective enforcement mechanisms. By encouraging voluntary compliance and negotiated settlements, Anatel aims to expedite case resolution and improve regulatory outcomes.
The decision followed months of deliberation among board members, integrating diverse viewpoints and academic input gathered during a March 2025 workshop hosted by the Center for Advanced Studies in Digital Communications and Technological Innovations (Ceadi). These discussions helped shape a regulation that balances legal certainty, institutional dialogue, and operational practicality.
Key Features of the Revised RTAC Regulation
Several important elements have been introduced in the new framework:
Introduction of the Trustee Role: A new figure, the trustee, will serve as an independent party responsible for monitoring companies’ compliance with RTAC commitments. This agent will support Anatel in verifying fulfillment and ensuring transparency in implementation.
Direct Execution of Sanctions: In cases of non-compliance with an RTAC, Anatel is now authorized to enforce penalties directly without launching a new administrative proceeding. This aims to streamline enforcement and reduce procedural delays.
Creation of a Project Bank: A structured repository of eligible projects has been established for companies to fulfill additional commitments. These include initiatives under the Structural Plan for Telecommunications Networks (PERT) and the forthcoming Plan for Significant Connectivity and Socio-Environmental Sustainability (PCS).
Focus on Compliance and Reparation: The regulation prioritizes the cessation of non-compliant conduct, timely payment of fines, and restitution to affected users, reinforcing a compliance-first approach.
Improved Governance and Operational Guidelines: An updated operational manual will guide Anatel’s consensual enforcement strategy, enhancing legal predictability and internal consistency.
Reducing Litigation Through Opportunity Cost Logic
A critical innovation in the new regulation is the formal adoption of opportunity cost logic, intended to discourage prolonged litigation. By favoring pragmatic, socially impactful solutions, Anatel aims to resolve disputes more constructively while encouraging companies to opt for corrective action over legal resistance.
Chief Executive Officer Alexandre Freire emphasized that this reform “consolidates a more humane and collaborative approach in the relationship between the State and the regulated,” focusing on consensus and dialogue rather than confrontation.
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Quick Country Facts
Brazil
Certification Body: Agencia Nacional de Telecomunicaciones (ANATEL)
Certification Type: Mandatory
License Validity: 24/36 Months
Application Language: Portuguese
Legal License Holder: Local Representative
In-Country Testing Requirement: In-Country Testing
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