KLA: A legal perspective on the Lei das Antenas

TowerXchange: Guilherme, can you please introduce yourself and your expertise in the telecom industry?

I am a Partner at KLA-Koury Lopes Advogados, a Brazilian law firm acting across all sectors. At KLA, I am responsible for the telecommunications regulatory sector where the firm assists clients with structuring, acquisitions, joint ventures, and operations financing in the telecommunications sector. I have been practicing law for over fifteen years with a focus on telecoms.

TowerXchange: What is the role of the Brazilian Law Association for Information Technology and Communications (Associação Brasileira de Direito das Telecomunicações e Tecnologia) of which you are Executive Vice-President?

Currently I am Director of ABDTIC, the Brazilian Law Association for Information Technology and Communications. ABDTIC’s role is mainly to propose legal and regulatory discussions related to the Information Technology and Communications areas. The association actively contribute in a large number of Public Consultations held by Anatel through which the Agency proposes the telecom regulation, organizes Seminars and stimulate discussion through its Specific Commissions.

TowerXchange: What is the position of the Brazilian Law Association for Information Technology and Communications with regards to the proposed law? Is the Association actively participating in the debate?

ABDTIC does not express position with regards to the matters that are of the industry’s interest. Obviously, everything can be discussed in the association, which supports every proposal that aims innovation, development of the industry and increase of competition.

TowerXchange: What is the status of the governmental discussion on the proposed Lei das Antenas?

Executive branch, specially the Communications Ministry support the discussion and the approval of the Lei das Antenas that may ease the building of antennas throughout the country, considering the investments on the 4G networks, which should be ready for the 2014 World Cup.

TowerXchange: Some municipalities are against the proposed law because of landscape preservation. Do you think this environmental concern will stop the law from being approved?

No. However the text approved should define the patterns, including the procedures, number of licenses etc but not simply release the companies from complying with other environmental legislation.

TowerXchange: With so many licenses and permits needed for new projects, can Brazil meet its 4G coverage goals without a more streamlined, unified procedure?

Certainly it should be hard (but not impossible) without this unified procedure.

TowerXchange: What’s your view on the option for carriers to outsource the management of the passive infrastructure to specialist towercos?

My advice to a carrier is to strongly evaluate the alternative of outsourcing its infrastructure (all or a great part of it).

TowerXchange: Have you advised or dealt with any tower companies in the country? If so, how do you see the tower model evolving in Brazil?

Yes, we at KLA currently assist some Tower Companies. The tower business  sector has been well developed in the past years due to the new vision of most of the Mobile Operators which have decided to outsource their networks.

TowerXchange: Does real estate law in Brazil permit foreign investors to own land?

Yes. There is a specific regulation, which requires a permit from foreigners (individuals and legal entities), but there is no general prohibition.

Additional articles in our Brazil case study:

The Mott MacDonald Share Square for Brazil

SBA Communications’ expansion into Central and South America

Over 9,000 towers needed ahead of the Brazil World Cup

Exclusive: How Brazil’s Ministry of Communications is encouraging tower industry growth

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