Anatel has issued a new set of rules on administrative procedures and penalties. It was published in the Federal Register (Diário Oficial da União) on Monday, July 21 (Regulamento de Aplicação de Sanções Administrativas). The novelty is the possibility of penalizing individual managers and shareholders of telecoms companies for ?bad faith? under administrative procedures known as PADOs, which hitherto involved only legal entities. The new rules apply to both ongoing and future PADOs. The rules cover private- as well as public-service telecoms companies and technical aspects of broadcasting services.
Anatel expects the new rules to speed up administrative procedures and make enforcement more efficient. Board member Antônio Carlos Valente says the regulator?s experience shows that telcos can sometimes find ways around penalties or at least postpone their application.
The complete document can be downloaded from www.teletime.com.br/arquivos/sancoes.pdf.
One of the aims of the new rules is to ensure that all services and general activities regulated by Anatel receive equal treatment, as is already the case in certification. Until now, different services have had different rules for penalties including monetary fines, which vary from one segment to another. By the end of the year, Anatel will introduce a specific set of penalties for each service, according to Antônio Carlos Valente.