5G regulation and law in Brazil

The 5G auction, held between 4 and 5 November 2021 raised, according to estimates by the National Telecommunications Agency (Anatel or Agency), around BRL 47bn (USD 7.66bn) of which almost BRL 42bn (USD 6.85bn) will be allocated to investments. Some states in Brazil have already launched 5G in Brazil.

On July 6, 2024, Anatel released data on the deployment of 5G on the Brazilian territory. According to the Agency, all Brazilian states already have the technology, with 815 Brazilian municipalities already served by 5G technology through 6 telecommunications service providers, totaling 28 million users, in addition to 195 cell phone models certified by Anatel that support 5G technology.

The Agency plans to have 100% of municipalities with a population of 30,000 or more covered by the technology by 2029.

In addition to the general 5G deployment, standalone (SA) 5G networks are also being rolled out in Brazil. On December 2024, Anatel announced that all 5,570 municipalities in Brazil are now eligible to receive SA 5G technology, marking a significant milestone in the expansion of the next-generation network. At the time of Anatel’s latest data release, it was estimated that 770 municipalities already had active 5G networks. Currently, 770 cities have SA 5G coverage, with a total of 35 million users, representing approximately 13% of the 262 million mobile phones in use in Brazil.

Implementation of 5G in Brazil has been marked by regulatory measures and initiatives that encourage participation of new operators and support a variety of applications across industries. The 5G spectrum auction allowed the entry of regional operators such as Algar Telecom, Sercomtel (Ligga) and Cloud2U, expanding competition and ensuring that diverse regions benefit from next-generation connectivity. These companies play a crucial role in bringing high-speed internet to areas previously underserved by traditional telecom giants.

In addition, operators such as Ligga have been seeking partnerships with regional ISPs to facilitate deployment of 5G networks in cities with populations of up to 30,000 inhabitants. This strategy not only accelerates the reach of 5G technology but strengthens local operators, fostering regional economic growth and digital inclusion.

On the industrial front, Anatel has allocated the 3.7 to 3.8 GHz band for private networks, enabling sectors such as agriculture, manufacturing, energy, and oil and gas to benefit from automation and enhanced connectivity. This measure supports the development of smart factories, precision farming, and other innovative applications that rely on robust and low-latency 5G networks.

Moreover, in November 2024, Anatel and the Entity Responsible for Spectrum Administration (EAF) announced the complete clearance of the 3.5 GHz band in all Brazilian cities. This milestone allows for the activation of 5G networks nationwide, ensuring that the benefits of this technology are accessible across urban, suburban and rural areas alike.

Anatel has also been actively working on harmonizing frequencies to ensure the safe deployment of 5G technology, particularly in sensitive areas such as airports. In collaboration with the Brazilian National Civil Aviation Agency (ANAC), Anatel has established operational requirements for 5G stations operating in the 3.3 GHz to 3.7 GHz band, aiming to mitigate potential interference with aircraft radio altimeters and ensure the safety of aviation operations.

When it comes to high-density venues such as stadiums, arenas, and other large public spaces, although Anatel has not taken a direct regulatory approach to facilitate 5G deployment, telecom operators have taken the lead in enhancing connectivity in these locations, implementing indoor coverage solutions such as Distributed Antenna Systems (DAS) and small cells.

The first 5G public tender took place between 4 and 5 November 2021. Anatel auctioned several types of 5G compatible spectrum (ranges were 700MHz, 2,5 GHz, 3,5 GHz and 26 GHz).

Claro, Vivo, and TIM, as the main winners of the 5G auction, acquired nationwide lots in the 3.5 GHz band. Claro and Vivo also secured nationwide lots in the 26 GHz band.

In the regional lots, other operators stood out in the auction. Sercomtel won in the 3.5 GHz band, while Brisanet acquired frequencies in the 2.3 GHz and 3.5 GHz bands. Algar Telecom secured lots in the 2.3 GHz, 3.5 GHz, and 26 GHz bands. Other winners include Consórcio 5G Sul (3.5 GHz) and Cloud2U (3.5 GHz)

Winity II Telecom emerged as the winner of the 700 MHz spectrum, but returned the license to Anatel in 2023. Similarly, Fly Link and Neko Serviços, which won in the 26 GHz band, also returned their licenses, as will be detailed in section 3.4.

 The criteria for awarding the tenders required minimum prices and undertakings for maintenance of the price proposals and execution of commitments.

The licenses have a validity period of 20 years, during which operators must meet specific deployment and investment requirements, ensuring the gradual expansion of 5G coverage across Brazil. The conditions for spectrum license involved a series of commitments such as the providers must (i) serve all 5,570 Brazilian municipal seats with 5G by  December 2029; (ii) serve 1,700 non-municipal seats with 5G by 2030; (iii) serving 7,430 locations with 4G or superior technology by 2028; (iv) serve 2,349 stretches of highway with 4G, totaling 35,784 km (all paved federal highways) by 2029; (v) deploy fiber optic backhaul in 530 municipal seats by 2026; (vi) invest BRL 3.1bn (USD 504,000  in public school connectivity. Those conditions form part of the Term of Authorization for the use of radiofrequencies assumed by the winning companies. Conditions were provided in Annex IX of the 5G public notice. For more information, please access the public notice as follows: SEI/ANATEL - 7452039 - Edital

The minimum auction price was BRL 10.6bn (USD 1.73bn). The auction raised a total of BRL 46.7bn (USD 7.6bn) by 10 winning bidders. Approximately BRL 42bn (USD 6.83bn) was allocated for investments. The 5G public notice provided that, for certain spectrum bands, the public price due by the winning bidders must be paid through investment commitments that vary for each lot.

Implementation of 5G in Brazil has faced challenges, due to continuedl limited access by the consumer population to electronic devices with 5G support, as well as the slow development of private networks and other industrial solutions. According to a report by Opensignal, one significant issue is the limited availability of 5G signals, with users connected to 5G only 11% of the time.

Additionally, coverage obligations tied to the 5G frequency auction aim to ensure that technology expands gradually. Operators such as TIM, Vivo, and Claro are rolling out 5G services across 815 municipalities but coverage is often restricted to certain areas within these cities. As a result, meeting the broader accessibility goals will require sustained efforts to increase infrastructure deployment.

In 2023, Winity II Telecom returned its 700 MHz spectrum to Anatel, citing unsustainability after Anatel imposed restrictions on an agreement with Vivo. Additionally, Neko Serviços and Fly Link returned their 26 GHz licenses due to financial and business model challenges.

Despite these challenges, no significant non-compliance with 5G concession obligations has been reported among major operators. They are adhering to the roll-out timelines set during the auction, with commitments extending until 2030 to ensure nationwide expansion. However, operators are still assessing strategies to make 5G services profitable, as current 5G pricing models are not significantly different from those offered for 4G, posing additional challenges for widespread adoption and monetization of the new technology​.

Yes, there is a long-term spectrum plan. The Term of Authorization was granted for 20 years.

Due to the return of the 700 GHz spectrum grant by Winity II Telecom, Anatel has extended secondary use of the spectrum by small providers who won the 3.5 GHz band in the 5G Auction.

In addition, Anatel is planning a new call for tenders for the 700 MHz band, expected to be published by December 31, 2025.

Although general regulation is applicable to any service relying on 5G networks, specific rules established for the 5G auction in November 2021 demanded a series of gradual coverage targets and commitments. Regarding national roaming, the major telecom operators offer wholesale roaming agreements (ORPAs) to new entrants, allowing smaller operators to access the major players’ networks for providing services to the smaller players’ customers. However, for SA 5G networks, operators are permitted to enter exclusive roaming contracts, a strategy encouraged by Anatel to help boost the expansion of 5G infrastructure. This exclusivity helps incentivize operators to invest in construction of dedicated 5G networks, particularly in areas where coverage is still being developed.

In addition, Anatel has implemented permanent roaming rules, allowing users to roam for up to 90 consecutive days. This measure is aimed at supporting smaller operators by granting them access to larger operators' networks, helping improve connectivity infrastructure, including the roll-out of 5G services. By facilitating roaming access, Anatel seeks to level the playing field, ensuring that smaller providers can offer competitive services while they expand network coverage.

Anatel allows RAN sharing agreements for 5G, provided they comply with the guidelines outlined in the 5G Auction Terms, such as ensuring that the agreements do not breach antitrust regulations, particularly in cases where large operators enter into partnerships without appropriate countermeasures. However, there is no public information available regarding 5G RAN sharing agreements authorized by Anatel.

In this regard, the Agency is planning to release a new General Plan of Competition Targets (PGMC), which proposes to restrict RAN sharing between the major operators until December 31, 2030 for the 2.3 GHz and 3.5 GHz bands in cities with populations under 100,000. ,If approved, this move will ensure that smaller operators can compete effectively by preventing the larger players from dominating these regions with shared infrastructure.

The rules for granting competitors access to newly deployed 5G networks include provisions for the secondary use of the 700 MHz band by regional operators who won the 3.5 GHz band in the 5G auction, as mentioned earlier. Additionally, Anatel is preparing a new tender for the 700 MHz band, expected to provide further opportunities for competition in the 5G roll-out.

A key development is the ongoing revision of  Anatel's Spectrum Use Regulation, which will allow operators to utilize unused spectrum for a period of five years. This change aims to enable more efficient use of available resources, particularly in areas where spectrum has not yet been fully utilized, thus encouraging competition and accelerating the deployment of 5G networks across the country.

Comments on 5G cybersecurity relate to impacts that the technology can create, such as a decrease of traffic visibility, increased use of IoT that can create potential gaps in an organization’s cybersecurity, making it vulnerable for cyber-attacks and some vulnerabilities of software. The Institutional Security Office (GSI) issued a Normative Instruction on  March 4 2020, which provides for the implementation of Security Edge Protection Proxy (SEPP) in 5G networks, as well as the use of the IPV6 protocol in 5G data traffic.

Anatel has implemented new rules regarding cybersecurity for 5G telecommunications equipment through Act No. 77, approved on January 5, 2021. The rules are based on the security-by-design principle, ensuring that security features are built into products from the outset. The act references key legal frameworks, including the General Data Protection Law (LGPD), the Marco Civil Law of the Internet, and the Cybersecurity Regulation for telecommunications (Resolution No. 740/2020), establishing comprehensive guidelines for ensuring the security of 5G equipment.

The Act also stipulates software updates with proper encryption, authentication, and integrity verification methods. Users must be informed about available updates, and there are specific rules for remote management of telecommunications products, using adequate authentication and encryption techniques.

Additionally, there are provisions for monitoring abnormal software behavior, ensuring strong password policies, and prohibiting the use of back-doors or testing tools during product development. The Act also includes cybe-rattack mitigation measures, such as data transmission rate limits and anti-spoofing mechanisms to validate the origin of data packets. Finally, suppliers must maintain public channels for reporting vulnerabilities and ensure the implementation of security policies, including software updates to address potential weaknesses.

Currently, there is no specific regulation regarding 5G cybersecurity in relation to Chinese technology. In fact, Anatel announced during the May 2024 Board of Directors Meeting that Huawei holds a 44.6% share of 5G infrastructure in Brazil.

Yes, there is an ongoing project related to 6G in Brazil, specifically focused on the 6 GHz spectrum. Anatel has been exploring the possibility of a hybrid approach where both Wi-Fi and 6G mobile services can coexist within the same 6 GHz frequency range. The Agency is considering a dynamic spectrum sharing model, where part of the 6 GHz band could be allocated for 6G services in the 500 largest cities in Brazil, while the remaining 5,000 smaller municipalities may continue using the spectrum for Wi-Fi services. This approach is designed to balance the needs of mobile networks and Wi-Fi providers.

Anatel is conducting a series of tests to assess the feasibility of this coexistence and will release a report by the end of the year to guide its decision. This proposal has sparked debate, with some stakeholders, such as Wi-Fi providers, voicing concerns about the loss of spectrum crucial for current services, while others, including Anatel, argue that this division will help advance 6G technology in Brazil.