Category: Brazil

The Agencia Nacional de Telecomunicacoes (ANATEL), published Act Number 423 on January 12, 2022. It updates Act 14448 on the technical requirements for assessment of restricted radiation radiocommunication devices and this includes the new devices allowed in Brazil.

The following technical requirements are present in Act Number 423:

• Body Scanning Emitter-Sensor for Security Application operating in the 76–81 GHz band
• Interactive Motion Sensors installed in vehicles operating in the 57–64 GHz band
• Wireless Multigigabit System operating in the 57–66 GHz band in fixed applications
• UWB devices operating at 3100–3300 MHz and 3700–10600 MHz installed in vehicles
• 5150–5350 MHz devices installed inside vehicles and trains

The updated technical requirements of Act Number 423 are:

• requirements for 5GHz devices
• wireless multgigabit system
• the allowed frequency for UWB devices so they do not interfere with 5G NR devices operating in the n78 band

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Since 29 November 2020 announced new requirement for the type approval of cell phones based on the  Act No.10.003 issued by 16 November onwards to obtain Anatel’s approval, cell phones must have the signal reception function of the radio broadcasting service in Modulated Frequency (FM) enabled if the device has hardware with this capacity. The approval allows the device to be sold in the country.

ANATEL issued official letter on 26 November 2021, which further extends the simplified process for the renewal of ANATEL certificates  which expire up until 31st July 2022, due to the impact of COVID. As part of the  simplified renewal process, ANATEL have waived the requirement to provide internal/external photos and test reports, as long as the device has not been modified and the exemption of the test report does not apply to products that failed during the tests in the last conformity assessment.Official Letter Here

The Act 4088 on Operational Procedure for Telecommunications Products Marking with the ANATEL Approval Identification mark was planned to come into force. This Procedure should establish the guidelines for marking approved telecommunications products with the ANATEL identification label  However, at the end of July 2021 ANATEL issued an ACT 5701 that postponed and amended provisions of the Act 4088 with regard to identification of the approval procedure. Thus, for imported telecommunications products, the mandatory identification of the approval that should be carried out before the product enters the country is postponed till July 31, 2022. 

ANATEL also added one more product category that is excluded from the mandatory identification mark procedure. Thus, there are 4 cases that are not subject to identification of the approval procedure according to the Act 4088:

I – Unfinished products subject to approval whose import is carried out by the Applicant for completion of the product on the national territory

II – Products that require affixing of the identification mark through the Security Seal; 

III – Products for the importer’s own use.

IV – Products intended for medical applications, subject to approval by ANATEL, and covered by the legislation of ANVISA (National Health Surveillance Agency). 

 Act 5701 is HERE

ANATEL introduced a new Telecommunications Products Reference List that determines products that are required to pass the conformity assessment procedure in the form of certification or declaration. The detailed approval procedure for products that are subject to declaration of conformity has not determined yet. That is why the ANATEL issues new act 3939 on June 1st, 2021 describing the Procedure for Telecommunications Approval in the form of Declaration of Conformity (DoC) for devices according to the List.

Now a company can directly register the product in ANATEL. However, this calls for the registration of the company on the ANATEL’s platform. The product itself must be registered on the platform and approved before putting into the Brazilian market.

The following documents will be required for approval procedure:

Letter of Commercial Representation

Documents with technical information on the product

Internal and External Photos

Factory Management System Certificate

Test Reports

Technical Compliance Statement

Please, note that test reports generally can only be considered valid for approval purposes up to 2 years after the date of initial issue of the report.

The test report may also be used by a third party for related product certification purposes when the owner of the report gave the relevant permission to use.

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The test of the Act itself you can find here.

In July 2021, Act Nº 77 issued by the ANATEL on the Cyber ​​Security Requirements for Telecommunications Equipment became effective in Brazil. The Act establishes a set of cyber security requirements for telecommunications equipment to minimize or correct vulnerabilities through software/firmware updates or through configuration recommendations. Thus, it is applicable for terminal equipment that connects to the Internet and telecommunications network infrastructure equipment. 

According to the Act, when equipment is passing the certification procedure for the first time, ANATEL requests a Declaration Letter (in Portuguese language) from the applicant where it is stated:

that the product is developed in compliance with the principle of security by design;

information on the requirements according to the Act that is followed by the equipment and its supplier at the time of declaring

confirmation of their awareness on keeping up-to-date cybersecurity requirements

Please, note that the ANATEL is able to access the compliance of the equipment and its supplier to the information stated in the Declaration within the market surveillance.

Cyber Security Requirements indicated in the Act concern:

Software/Firmware Update

Remote Management

Installation and Operation procedures

Access to the equipment configuration

Data communication services

Personal data

Resistance to cyberattacks

The full text of the Act you can find HERE.

Brazil Regulatory Authority (ANATEL) Replace Act 2220 instead of Act 7280 come into force.

New Act you can find the Telecommunications Products Reference List that determines products that are required to pass the conformity assessment procedure in the form of certification or declaration.

The Act also extends the time of periodic assessment from one year to two years and from two years to three years.

Now the certification procedure must reflect the evaluation of the factory management system and should be based on type testing with periodic evaluation of the product 

You can find resolved Act details

The ANATEL issues Official notice 65/2021/ORCN/SOR-ANATEL on the extension of temporary procedure for the mandatory maintenance of the certificate. The procedure appeared in early March 2020 when the ANATEL issued its first official notice #134/2020. The Notice concerned emergency measures caused by the coronavirus epidemic (COVID-19). It allows an applicant to apply for certificate renewal without re-testing and presenting photos of the device in case it wasn’t technically modified.

Earlier, the ANATEL issued official notices #134/2020, 194/2020, and 646/2020 in due succession that gave specific instruction for the certification bodies with regard to temporary measures on the mandatory maintenance of the certificate procedure and specified the required documents necessary from the suppliers to get an opportunity to apply for the maintenance of the certificate through this temporary procedure. However, the validity of these notices were ended and to extend the validity of this procedure the ANATEL issues.

Now the ANATEL extends the Official notice 65/2021. Thus, certificates with expiry date between March 6, 2020 and December 31, 2021 are covered by this temporary procedure

ANATEL published the Act 3939 related to guideline of Declaration of Conformity (DoC) with testing report . The DoC procedure looks pretty much like the regular certification mode, but the applicant (local rep) can apply the procedure directly with ANATEL without requiring the use of one OCD (OCD is optional in this mode). E3Tech can handle the approval by DoC directly with ANATEL.

The requirements are basically the same (representative letter, manual, internal and external pictures, Factory ISO and testing report (overseas ILAC testing report is acceptable) and the CoC will be replaced by a DoC declaration. Applicant will submit the files to ANATEL and ANATEL will inspect the documents as usual before issuing the homologation.

The DoC is applicable only for a few types of equipment according to Act 7280, such as: Broadcasting equipment, RF Power Amplifier for Earth Station, Satellite Transceiver, etc. 

There is another DoC mode called “DoC with ANATEL Brand”. ANATEL did not published this procedure yet, but for those cases ANATEL will not review the application and the documents will be in a repository to be used just in case of market surveillance or customer complaint. When ANATEL publish this guideline we will send you more details.

Below is the Act 3939 official link:

Brazil Regulatory Authority ANATEL published last Friday the Official letter nº 65/2021. Due to the remaining impact of COVID-19, ANATEL decided to extend the Streamlined renewal process once more and now all Certificates with expiration date between March 6th, 2020 and Dec 31st, 2021 are exempt of doing renewal testing and providing new external/internal photos as long as the device had not suffered any modification.

Documents