Board of Directors of the National Electric Energy Agency (Anil) Approved on Tuesday (2) New rules to Share Share between Companies to Telecommunications and Electric power distributorspresents a debate that has been going on for years without result. In a compromise path, the Council decided not to force energy distributors to transfer the commercial exploitation of poles to third parties, so-called “labels”. The proposal is now transferred to the National Telecommunications Agency for analysis (Anatel).
The issue of “labels” is a major point of contention in the debate, both between agencies and between sectors. This involves the creation of an agent responsible for the commercial exploitation of the space on the columns, who will be responsible for managing the participation. In 2023, Anatel agreed to a rule forcing distributors to cede this space to the postman, but the case did not lead to a result, as the proposal faced strong resistance from the electricity sector and part of Aneel’s board of directors.
With the approval of the vote cast by director Agnes da Costa, Anil removed the condition and gave distributors the right to choose the transfer. However, agencies may limit transfer when there is poor performance by distributors in the sharing activity, when the action is deemed necessary to serve the public interest or when the energy distributor itself withdraws from exploration.
This measure comes in line with the demands defended by distributors in recent months, but it goes in the opposite direction to what the telecommunications sector proposed in a letter sent to the agency. In the document dated November 26, the sector associations asked to accept the referral made by former Enel director Riccardo Tilly in May this year, with amendments.
In an attempt to “overcome” the impasse, Tilly proposed compulsory appropriation for commercial exploitation, with the alternative that the distributor’s economic group would form a separate legal entity to perform this function. In practice, the distributor transfers the commercial exploitation to the postman who belongs to the same economic group.
In her vote, Agnes noted that the mandatory relocation proposal raised many concerns. According to the director, the presence of this agent means that the implementation of the service will be subject to a private contract without a clearly defined legal or regulatory framework. She also stated that transportation can generate additional costs for the community.
“Unrestricted transportation, some stakeholders say, could lead to economic inefficiencies and increased costs, as well as unjustified and avoidable risks. Under the terms of the resolution approved by Anatel, the chances of success of this model are slim, as it will depend on attracting explorers to areas known to be unviable, potentially resulting in poor and/or expensive service, without even predicting what would happen in the absence of potential interested parties.”
The right to use poles and conduits by telecommunications service providers is stipulated in the General Telecommunications Act 1997. Distributors, in turn, are obligated to provide physical space on poles for the installation of wires and cables. The revenues obtained are shared between companies in the electricity sector and consumers, which contributes to reducing energy tariffs.
During the discussion, representatives of the telecommunications sector defended canceling the transfer of revenue sharing to low tariffs for the electricity sector and using these values to finance postman activities and reorganizing shares.
However, the director stated that using these resources to organize the shafts would violate the rules stipulated in the decrees issued by the Ministries of Mines, Energy and Communications. He explained, “Electricity consumers pay the full price of the assets (poles) and their maintenance, through the tariff. Since telecommunications users also use the same infrastructure, it is natural for them to have a duty to pay for this use.”
Agnes pointed out that the pricing methodology that will be discussed in a new phase of public consultation only seeks to determine how costs will be divided between electricity consumers and telecommunications users.
In her vote, the Director also cited the opinion of the Federal Prosecutor’s Office together with Anil, which analyzed the projections included by the Ministry of Mines and Energy in the 2024 decree establishing guidelines for the renewal of energy distribution concessions.
The text states: “Concessionaires must transfer to a different legal entity the space in the distribution infrastructure, occupancy zones and installation points of overhead distribution network poles designated for sharing with the telecommunications sector.”
In its opinion, the Federal Prosecutor’s Office stated that the decree did not define the model of commercial exploitation in advance, but only strengthened the legal obligation to provide physical space. Therefore, according to the agency, the two agencies remain free to create a common model that best meets public policy. The Anatel Federal Prosecutor’s Office, in turn, has a different interpretation, recognizing that there is an obligation to transfer the right to commercial exploitation in all cases.