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Telecommunications in Brazil: Anatel authorizations, spectrum, concession migration, FUST and inspection fees

Last verified: 2026-10-27 · Status: Stable

Most telecom services in Brazil run under the private regime and need only a prior Anatel authorization granted to a locally incorporated company, which tests local incorporation rather than setting a foreign ownership cap. Spectrum authorizations last up to 20 years and renew for consideration that can be swapped for investment commitments, and legacy fixed line concessions may migrate to authorizations against investment obligations. Operators pay 1 percent of gross operating revenue to FUST plus station installation and annual operating fees, and Anatel fines reach R$50 million per infraction.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. Conversions are for orientation only.

Key facts

FUST contribution on gross telecom revenue	1 %Lei nº 9.998 art. 6 IV, as of 2026-10-27 · in force
Maximum term of a spectrum authorization (renewable)	20 yearsLei nº 9.472 art. 167, as of 2026-10-27 · in force
Maximum term of a satellite exploitation right (renewable)	15 yearsLei nº 9.472 art. 172, as of 2026-10-27 · in force
Annual operating fee as a share of the installation fee	33 %Lei nº 5.070 art. 8, as of 2026-10-27 · in force
Maximum Anatel fine per infraction	50000000 BRLLei nº 9.472 art. 179, as of 2026-10-27 · in force

The rule

1. Telecom services under the private regime need prior Anatel authorization, a binding act granted when objective and subjective conditions are met, which carries the right to use the necessary radio frequencies. Anatel defines services exempt from authorization, which must still notify Anatel before starting. Concessions in the public regime go only to companies or cooperatives incorporated under Brazilian law, with head office and management in Brazil, formed only to provide telecom services.Lei nº 9.472 (General Telecommunications Law), as amended by Lei nº 15.324 of 6 January 2026, Arts. 86 and 131, 1997-07-16 official text · verified 2026-10-27 · changed: Lei nº 15.324 of 6 January 2026 opened public regime concessions to cooperatives.

2. Use of radio frequencies, exclusive or not, requires prior Anatel authorization for a fixed term, linked to the service grant and effective on publication of an extract in the Official Gazette. Transfer of spectrum authorizations between providers requires Anatel consent, which may carry competition conditions such as caps on the spectrum transferred.Lei nº 9.472, as amended by Lei nº 13.879 of 3 October 2019, Art. 163 §§ 1, 3, 4 and 5, 1997-07-16 official text · verified 2026-10-27

3. Spectrum authorizations for authorized services last up to 20 years, renewable for equal periods if obligations were met and the holder expresses interest. Renewal is always for consideration, may be requested up to three years before expiry and must be decided within twelve months; investment commitments may replace all or part of the renewal price.Lei nº 9.472, art. 167 as worded by Lei nº 13.879, Art. 167 caput and §§ 1 to 3, 2019-10-03 official text · verified 2026-10-27 · changed: Lei nº 13.879 of 3 October 2019 allowed successive renewals and investment commitments in place of the renewal price.

4. Rights to exploit a Brazilian satellite last up to 15 years, renewable, and are granted for consideration that Anatel may convert into investment commitments.Lei nº 9.472, art. 172 as worded by Lei nº 13.879, Art. 172 caput and § 4, 2019-10-03 official text · verified 2026-10-27

5. Anatel may allow a fixed line concessionaire to convert its concession into an authorization if it keeps serving areas without adequate competition, takes on investment commitments equal to the economic value of the change (the expected value under authorization less the value under concession), posts a guarantee, and consolidates its group's licences and spectrum into a single term.Lei nº 9.472, arts. 144-A and 144-B included by Lei nº 13.879, Arts. 144-A and 144-B, 2019-10-03 official text · verified 2026-10-27

6. Operators contribute 1 percent of gross operating revenue from telecom services, excluding ICMS, PIS and Cofins, to the Telecommunications Universalization Fund (FUST). FUST also receives the Anatel price charged for transferring service or spectrum grants.
Cost to do it: 1 percent of gross telecom revenue net of ICMS, PIS and Cofins.
Example: R$10,000,000 of gross telecom revenue net of those taxes: FUST R$100,000. / About US$1.87 million of revenue: about US$18,750.Lei nº 9.998 (FUST), as worded by Lei nº 13.879, Art. 6 III and IV, 2000-08-17 official text · verified 2026-10-27

7. Telecom providers and spectrum users pay an installation inspection fee when a station licence is issued and an annual operating inspection fee, due by 31 March, equal to 33 percent of the installation fee. Low power base stations of up to 5 W are exempt, and those between 5 W and 10 W pay 10 percent of the installation fee. Failure to pay the operating fee within 60 days of notice leads to forfeiture of the grant without indemnity.Lei nº 5.070 (Fistel), as amended by Lei nº 9.472, Lei nº 12.485 and Lei nº 13.097, Arts. 6 §§ 1, 2, 4 and 5, and 8 caput and § 2, 1966-07-07 official text · verified 2026-10-27

8. Breaches of the law, regulations or grant terms lead to warning, fine, temporary suspension, forfeiture or a declaration of unfitness. A fine may not exceed R$50,000,000 per infraction and must weigh the infractor's economic condition and proportionality.
Cost to do it: Up to R$50,000,000 per infraction (about US$9.37 million).Lei nº 9.472, Arts. 173 and 179, 1997-07-16 official text · verified 2026-10-27

Worked example

A Brazilian subsidiary of a foreign fiber operator with R$10,000,000 (about US$1.87 million) of yearly gross telecom revenue net of ICMS, PIS and Cofins pays R$100,000 (about US$18,750) to FUST (Lei nº 9.998 art. 6 IV), plus installation fees on each new station licence and an operating fee of 33 percent of that amount every 31 March (Lei nº 5.070 arts. 6 and 8).

Step by step

1. Incorporate in Brazil with head office and management in the country; the licensing articles test local incorporation, not foreign ownership.
2. Apply to Anatel for the service authorization; check whether the service is exempt and only needs prior notice.
3. Obtain spectrum through Anatel procedures or secondary transfers with Anatel consent.
4. License stations and pay the installation fee; calendar the 31 March operating fee.
5. Report gross revenue for FUST and plan spectrum renewal requests up to three years ahead.

Common traps

Unpaid operating fees can cost the licence itself after 60 days from notice (Lei nº 5.070 art. 8 § 2).
Spectrum transfers in an M&A deal need Anatel consent and may come with caps or divestments.
Pay TV, broadcasting and content rules add cross ownership limits for telecom groups (see Broadcasting, pay TV and media).
Renewal is always for consideration; a renewal priced in investment commitments is still a cost to model.

Sources

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