CCJ Aprova Projeto Sobre Compartilhamento De Postes E Texto Segue Para a Câmara

Why It Matters

Standardizing pole sharing removes a key bottleneck for broadband expansion, lowering costs and accelerating network rollout across Brazil’s underserved markets.

Key Takeaways

• CCJ approved PL 3.220/2019 on post sharing, moves to Chamber.
• Energy distributors will manage poles; telecoms must contract with them.
• ANEEL sets provisional price limit until definitive rate is established.
• ANATEL to define technical rules and ensure equal access for telecoms.
• FIIS may fund shared aerial and underground infrastructure projects.

Pulse Analysis

The Brazilian Senate’s Constitution and Justice Committee (CCJ) cleared a long‑awaited amendment to the country’s telecom‑infrastructure framework by approving Bill 3.220/2019, which formalizes the sharing of electricity poles between power distributors and telecom operators. Historically, ad‑hoc agreements and fragmented local rules have slowed the rollout of fiber‑to‑the‑home and other broadband projects, especially in rural and underserved urban areas. By codifying a national regime, the legislation aims to reduce duplication of poles, lower deployment costs, and accelerate the expansion of high‑speed internet—a priority for Brazil’s digital agenda.

The approved text designates the incumbent electric utility as the pole manager, obligating telecom firms to negotiate contracts directly with the holder of the infrastructure. ANEEL, Brazil’s electricity regulator, will set a provisional maximum charge for pole usage until it establishes a definitive tariff, ensuring price transparency during the transition. Meanwhile, ANATEL will issue complementary technical standards, guarantee non‑discriminatory access, and monitor compliance. Violations, such as unauthorised pole occupation, are classified as serious infractions and may trigger the cancellation of the offending carrier’s concession, creating a strong deterrent.

Beyond regulatory clarity, the bill opens a financing channel through the Infrastructure Social Investment Fund (FIIS), which BNDES suggested be allowed to invest in shared aerial and underground networks. Access to FIIS capital could lower the upfront cost barrier for both utilities and telecoms, encouraging joint‑venture models and attracting private equity. With a 180‑day implementation window after final approval, industry players have a short runway to align contracts, adjust pricing models, and submit compliance plans. If executed effectively, the framework could boost broadband penetration, stimulate competition, and generate ancillary benefits such as improved public lighting and urban video surveillance.