Anatel expresses disagreement over Aneel's decision to end pole sharing process

This is a machine translation of Anatel's press release

The Board of Directors of the National Telecommunications Agency (Anatel) expresses its disagreement regarding the unilateral decision of the National Electric Energy Agency (Aneel) to terminate a process that aimed to solve a historical problem between the telecommunications and electric energy sectors: the sharing of distributor poles by telecommunications companies.

The extinction represents a setback in the discussion of the topic and will have significant impacts on the expansion of Brazilian connectivity. Poles are essential infrastructure for installing cables used in various telecommunications services, especially internet access.

The decision to archive perpetuates the critical state of organizational disarray of the use of pole infrastructure in the country with dire social consequences and delays the outcome of a problem that needs to be resolved as quickly as possible.

Anatel unanimously approved, in October 2023, its proposal for a Joint Resolution on the topic, widely discussed with society through public consultation and, since then, it has been awaiting a solution to the issue within the scope of Aneel. The approved proposal provides for the joint competence of Anatel and Aneel to define the pricing methodology for the fixation point, which must be cost-oriented.

The resolution approved by Anatel remains in compliance with current legal regulations and there are no doubts regarding the viability of its application, under the terms in which it was edited.

The decision of Anatel's Board of Directors is aligned with the joint public policy of the Ministry of Communications and the Ministry of Mines and Energy, contained in Interministerial Ordinance MCOM/MME No. 10,563, of September 25, 2023, which established the National Sharing Policy of Postes ("Pote Legal").

It should also be noted that Anatel's decision is in full compliance with the public policy set out in Decree No. 12,068, of June 20, 2024, in which it was established that electricity distribution concessionaires must transfer to a separate legal entity the space in distribution infrastructure, the occupation ranges and the fixing points of the poles of the aerial distribution networks intended for sharing with the telecommunications sector, on an onerous and cost-oriented basis.

Anatel receives with concern the decision taken by Aneel, due to its consequences on the lives of millions of Brazilians and because it appears to be distant from what was the subject of negotiation and consensus between both Agencies.