A agência nacional de telecomunicações (ANATEL) e as negociações no setor de telefonia fixa / The National Telecommunication Agency and the negotiations of settled/fixed telephone services

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The competition model introduced in post-privatization Brazil has demanded the creation of ANATEL, which stands for National Telecommunication Agency- (‘Agência Nacional de Telecomunicações’). Such institution is meant to promote the development of telecommunications through infrastructure capable of supplying society with adequate and diversified, fair-priced services. ANATEL has been granted powers for the implementation of the telecommunication policy: regulation powers, aiming at editing plans and regulations; inspection powers, whose objective is to hinder counter-legislation abuse practices; and mediation powers, which aim at composing negotiations among agents. This dissertation has analyzed ANATEL’s influence on the negotiations of ‘settled/fixed’ telephone services, based on the elaboration of the agreement of interconnection between EMBRATEL and Telefônica. In the present scenery of changes, negotiations and conflicts are rather frequent, mainly when the point in question is the interconnection of networks, as not only do telephone companies have divergent economic interests, but the State also makes interconnections mandatory, thus making the agreement rather complex. ANATEL demanded that the companies should consummate the interconnection regardless of a contract, as public interest is the official regulating agency’s first and foremost concern. Therefore, ANATEL is holding the agreement and the divergent issues, waiting for an arbitration process. The celerity expected from ANATEL in conflict management has actually not been noticed, as the agreement of interconnection has remained unsolved for nearly a year. The importance of the presence of the official regulating agency is quite clear, as in the face of technical complexity, such institution possesses the tools which compel the supply of the services, even without the support of a contract.

ASSUNTO(S)

telecomunicações agreement negotiations anatel negociações anatel telecommunications acordo

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