The process for granting satellite landing rights is established by the Brazilian General Telecommunications Law (Lei nº 9.472, de 16 de julho de 1997) and regulated by the Satellite Landing Right Regulation - Anatel (Resolution nº 220/2000).
The satellite landing right is the authorization to use spectrum and orbit resources, to perform satellite communication and to provide satellite capacity, for both Brazilian and foreign satellites. The granting of the Satellite Landing Right is subject to technical and regulatory analysis of the application and of the submitted documentation.
The Satellite Landing Right is granted for a period of up to 15 (fifteen) years and can be renewed once. Anatel rules shall be observed during the whole period the authorization is in force and the satellite operator shall operate under the applicable national and international operational conditions.
- Declaration that the national and international regulation will be observed;
- Simplified technical information on the satellite system;
- Power of attorney granted by the satellite operator to the person submitting the application;
- Clearance certificate on debts before Anatel;
- Indication of the period for which the Satellite Landing Right should be granted, limited to 15 (fifteen) years;
- Indication of the frequency bands and the coverage area that should be associated to the Satellite Landing Right;
- Coordination agreements with the satellite operators authorized in Brazil.
The process for granting Brazilian Satellite Landing Right is different from the process for granting Foreign Satellite Landing Right.
Process for granting Brazilian Satellite Landing Right
The process for granting Brazilian Satellite Landing Right can be initiated with a public consultation to verify the number of interested companies, as stablished by Satellite Landing Right Regulation (Resolution nº 220/2000). If the conditions for unenforceable auction are not identified, Anatel will conduct a bidding process for the conference of the Landing Right, which will have as its object an authorization for satellite telecommunication and for the provision of satellite capacity over the Brazilian territory, with orbit and spectrum resources associated with a Brazilian satellite network.
Process for granting Foreign Satellite Landing Right
The process for granting foreign satellite landing rights does not require a bidding process and in addition to the documentation previously described, the following documents must be submitted:
- Indication of the legal representative in Brazil and a declaration that this information will be kept up to date and that the satellite capacity will be commercialized only through the appointed representative.
- If the satellite operator wishes to appoint more than one legal representative, a joint liability agreement shall be submitted indicating which of the representatives will be responsible for paying Public Prices and Fistel Taxes.
- Certified copy of the constitutive acts demonstrating that the appointed legal representative is a Brazilian company, with its administrative headquarters in Brazil.
- Document issued by the responsible agency, and its sworn translation, demonstrating the conditions for the use of the space segment authorized in the satellite´s country of origin.
Applications for satellite authorization should be submitted to the Licensing and Authorization Division (ORLE). According to art. 18, Decree nº 13.609/1943, which establishes the regulation for the craft of sworn translator, no document in foreign language will produce its effects in Brazilian agencies without its respective translation.