The sector led the process of institutional changes of the Brazilian State, in the 90s, and the office has a close link to the theme, since the beginning of these transformations, with solid involvement in the implementation of the General Telecommunications Law, in 1997, in the structuring regulations of ANATEL (National Telecommunication Agency) and in the first telecommunication service regulation. Many of these works have become a reference for other areas.
In the telecommunication area, Manesco has advised governmental entities and, basically, all the big companies operating in the sector.
The office advises on regulatory issues regarding the regulation of the telecommunication sector; legal advice on contracts and negotiation in which telecommunication operators are parties; legal representation of associations, concessionaires and other companies in the sector, on judicial actions and administrative procedures.
Remarkable participation of the office in large M&A operations, and legal advice on regulatory strategy, in the perspective of absorption, by the sector, of technological innovations, that currently impact and will continue to impact it for years to come.
Advice on regulation and elaboration of the General Telecommunication Law that structured the National Telecommunication Agency (ANATEL). Manesco has had an active participation in the elaboration of a series of regulations of the Agency, such as the Switched Fixed Telephone Service (STFC), of Cross-Ownership of Companies of STFC, Radiofrequency, Interconnection and Telecommunication Services.
Advice on obtaining license for the operation of DTH services and acquisition of GVT and its corporate consolidation.
Regulatory, competitive and commercial advice, on the purchase of the shareholding of TVA and acquisition of Telecom Italia in Europe.
Advice on obtaining license to provide SMP (personal mobile service)
Advice on the resale process of telecommunication services
Advice on the equity restructuring process and on reversibility of assets
Procedural monitoring, defenses and appeals in Procedure for Determination of Non-compliance to Obligations of PGMQ/TV (General Plan of Quality Targets/TV)
Leadership in the regulatory operation in the case of acquisition of the corporate control of Nextel by Claro. The transaction of US$900 million was announced in March 2019.
Legal representation of proceedings before ANATEL (National Communication Agency) regarding the submission of the onerous provision of linear programming channels via internet to the legislation of the Conditional Access Service (SeAC)
Procedural monitoring, defenses and appeals in Procedure for Determination of non-compliance to Obligations related to: (i) Home passed obligations to the SeAC providers; (ii) universality obligations in the concession contracts of the STFC; (iii) Quality targets and Users Rights; (iv) provision of services added to the telecommunication services in condominiums; (v) reversible assets; (vi) rural targets.
Regulatory advice and monitoring of processes and appeals, aiming at: (i) definition of the calculation bases for the incidence of the onus due for the extension of both the concession contracts and term of authorization to use radio frequency ;(ii) imposition by ANATEL of submitting, to its previous consent, the alienation, replacement, untying or encumbrance of assets of any company in the concessionaire?s economic group (parent companies, subsidiaries and affiliates);(iii)changes in the setting of remuneration values for network use.
Regulatory advice and support in Public Consultation processes, aiming at revising: (i) Quality regulations (ii) Sanctions regulations; (iii) Inspection regulations; (iv) STFC Concession Contract; (V) Regulations of ANATEL biddings and contracts, among others.
Judicial questioning of decisions of the regulatory body, dealing with: (i) imposition of fines; (ii) Bill and Keep rule, involving Specialized Mobile Service providers; (iii) network remuneration on calls to dial-up internet service providers.
Regulatory and judicial performance regarding restrictions, by States and Municipalities, for the installation of Base Stations.
Regulatory advice, analysis and preparation of documentation, bidding performance ?in loco? of: (i) satellite orbital positions; (ii) radio frequencies.
Regulatory advice, due diligences, previous consent requirements to ANATEL, in operations of control transfer of telecommunication service operators: (i) transfer of Direct and/or Indirect Control; (ii)operations in Brazil and Abroad; (iii) Concession/Authorization of STFC, SMP, SCM, SME and SeAC.
Regulatory advice, previous consent requirements to ANATEL to carry out corporate and organizational restructuring operations of the economic groups of telecommunication services providers, in cases of split-up, merger, incorporation, transformation and/or increase and capital reduction.
Regulatory advice, analysis and document preparation, opening and monitoring of administrative procedures for obtaining authorization of telecommunication services with ANATEL (SeAC, SCM and SMP).
Regulatory advice and performance at ANATEL, in all essential subjects of the STFC (Switched Fixed Telephone Service) Concessions: financial and economic balance, PGMU (General Plan of Quality Targets) balance, concession sustainability, tariff review and reversible assets (identification, amortization, indemnity).
Regulatory advice and performance at ANATEL, on issues involving the infrastructure sharing between telecommunication service operators and other public service providers (poles, ducts and conduits, rights- of- way)
Regulatory advice and performance at ANATEL, for Certification and Approval of equipment (obtaining, transferring and regularizing)
Regulatory advice, project development and performance with municipalities and states for the implementation of smart cities projects.
Regulatory advice, performance at ANATEL, acting in several federal, state and municipal agencies, performance with environmental agencies, carrying out processes and procedures in all spheres and organs for the launch and accommodation of submarine cables.
Analysis of infrastructure sharing contracts in its various modalities, including ran sharing.
Structuring, analysis and validation of Public Offers of services and products from the operators of telecommunication services.
Regulatory advice, arbitration request and monitoring of consensual conflict resolution at ANATEL.
Legal Opinion on Anatel's understanding of VAS and the right of companies providing VAS in regarding telecommunications operators
Legal Opinion on the business model of one of the major players in the telecommunications market to understand its framework in the light of legislation, regulation (especially in view of the definitions of SMP, SVA and STFC) and the understandings of Anatel and the courts. In addition, the risks of the operation were analyzed.
Regulatory due diligence for a large operation in the telecommunications market, specifically with the analysis of telecommunications and radio frequency service grants, infrastructure, contracts and regulatory taxes, in addition to the evaluation of regulatory and competitive issues that could eventually prevent the operation from being completed.
