President Jair Bolsonaro sanctioned without vetoes the Law 14.424/2022 which authorizes operators to install telecommunications infrastructure in urban areas, if the competent body does not respond to the request within 60 days. Known as “positive silence”, the authorization should facilitate the deployment of 5G internet antennas in Brazil.
In practice, the rule amends the General Law of Antennas (13,116/2015), to ensure speed in the provision of telephony and internet infrastructure, since each municipality has local regulations. Despite the facilitation, companies are not exempt from following municipal land occupation rules.
The text establishes that the competent body or entity may revoke the license at any time if the conditions stipulated in the application or in other relevant laws and regulations are not complied with. The law also guarantees that there is an administrative appeal with suspensive effect of the decision.
In situations where the final administrative decision of the competent body or entity is for the removal of the infrastructure, the responsibility for removing the equipment will be the company requesting the licenses – the operators or towers. Providers will also be responsible for repairing any damage caused to the environment and third parties.
Historic
At the beginning of July, the Senate approved the final version of the text that originated in the Chamber of Deputies.
At the time, Senator Izalci Lucas (PSDB-DF), rapporteur for the matter in the Senate, said that the initiative aims to resolve the controversy by allowing telecom operators to install their equipment after the legal deadline has elapsed, in case the competent bodies do not respond. about your order.
