Do you know what Anatel surveillance is? The National Telecommunications Agency is the body responsible for regulating the telecommunications segment in Brazil.
Thus, it establishes standards and makes the intermediary between communication companies and consumers. The agency was created in 1997, based on a privatization procedure for Brazilian telecommunications services.
Another important function of the agency is to monitor the quality and origin of communication devices that enter national territory, for commercial purposes. Want to understand how all this works? Follow the following content!
Anatel Inspection: What does Anatel oversee?
As we initially mentioned, Anatel is the regulatory body of the entire communications sector in Brazil.
It is an independent administrative authority, which aims to approve and regulate the products and processes of the area.
With this, it is valid to state that the agency operates with full financial autonomy, without any relation to the government.
In practice, its tasks include the supervision, regulation and the granting of everything related to telecommunications in the country.
Among its main duties, we can highlight the certification of electronic communication devices.
This means that any company that wants to import and sell IT devices to the end consumer needs to submit its merchandise to the agency's enforcement process.
This procedure aims to ensure that the products marketed are within the quality standards established by the agency in order to protect the physical integrity and safety of the population. Other activities include:
- receive complaints from consumers against telecommunications service providers;
- monitor telephone, fixed and mobile internet providers;
- regulate internet networks.
Which body oversees Anatel?
Despite being an entity with financial autonomy and independent of the Federal Government, Anatel has an advisory board that monitors all its initiatives.
This council is composed of representatives of the Executive, Congress and other service providers, consumers and society as a whole.
They are leaders with fixed mandates and employment stability, who have supervisory power over the Agency.
What can be claimed at Anatel?
Numerous products and services are regulated and approved by Anatel daily. From this, thousands of complaints are cataloged by the regulatory body; all related to telecommunications.
We have already cited here the main functions of the agency, which also includes receiving complaints from consumers against devices and communication services poorly provided.
However, unlike PROCON, the entity is not able to solve problems between the public and companies. She performs the role of mediator between the parties.
As soon as the injured consumer opens a complaint with Anatel, the agency notifies the denounced organization with a period of 5 working days to offer a solution, at the risk of a fine.
If the matter is not resolved, the individual may reopen the complaint. With this, the agency advises the consumer to take legal action.
At the end of each procedure – involving the judiciary or not – the complainant must evaluate the performance of the organization appointed.
On the basis of this information, the regulatory body assesses the providers. If there are persistent complaints, the institution will be subject to warnings, million-dollar fines, or even the stoppage of activities for a certain time.
Anatel Inspection: How does it work?
In a way, Anatel's inspection aims to gather information on possible unregulated telecommunications products and services.
With this, the agency intends to ascertain whether or not there was compliance with legal obligations by providers and communication companies.
Each surveillance action happens periodically throughout Brazil, but are also driven by anonymous complaints.
Telecommunications products, such as smartphones, tablets, notebooks, desktop computers, wireless devices and peripherals that contribute to their operation, go through Anatel's inspection before reaching the consumer.
Each device is submitted to the Technical Compliance Certification process, managed by the OCDs (Designated Certification Bodies)." However, it is up to the regulatory agency to release the confirmation of the approval.
Editing standards and standards
It is Anatel's responsibility to establish a minimum standard of quality and safety of products marketed in the country, as well as the services provided by telecommunications companies.
As technology advances, the agency must also update its standards so that new devices and services can enter the Brazilian communications market.
In addition to inspecting appliances and services, the entity is also able to offer competitive solutions between market organizations. These are management solutions that aim to make competitiveness in the sector fairer among brands.
Main Anatel inspection regulations
In mid-2021, Anatel released a new regulation and oversight. Its updated guiding principles consist of responsive regulation.
This means that the agency has made its regulatory process more flexible; allowing adaptations of the punishments for each situation.
New troubleshooting measures
Instead of implementing sanctions measures to solve problems between telecommunications companies and consumers, the regulator has taken simpler measures.
New criteria for analysing infringements
In practice, the offences will be classified as light, medium and severe, and will have the punishments adapted for each situation.
Average offences will be considered, for example, when the organisation takes indirect advantage from the offence committed, or when it affects a limited group of people.
On the other hand, serious offences are classified in cases where organisations gain a wide advantage with the failures committed. Other aspects evaluated are:
- when the offence is committed in bad faith;
- if it is life-threatening to users;
- has not complied with the rules on access to telecommunications services;
- when they actively disrupt the surveillance process;
- when the use of services not authorized by Anatel is identified.
As you can see, Anatel surveillance plays a key role in ensuring consumer safety, as well as ensuring the quality of telecommunications services and products offered nationwide.
Every year, the agency goes through the process of improving its inspection criteria in order to monitor the evolution of technology and improve its infrastructure.