Entities mark position on sharing power poles

Abrint (Brazilian Association of Internet and Telecommunications Providers) published this Tuesday (26) a note in support of the opinion of the AGU (Attorney General of the Union) defending the mandatory transfer of commercial space for the exploitation of infrastructure poles.

The sharing of poles between energy concessionaires and telecommunications companies, especially internet providers, is a continuing controversy.

The pushing game between the companies that use the poles to resolve consumer complaints has already been responsible for the clash between the companies and also regulatory agencies: Aneel (National Electric Energy Agency) and Anatel (National Telecommunications Agency).

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In the new opinion, the AGU reinforces the mandatory sharing provided for in Decree No. 12,068/2024. The document was requested by the MME (Ministry of Mines and Energy) with the aim of unlocking public policies for the sector.

According to article 16 of the presidential decree, "electricity distribution concessionaires must transfer to a different legal entity the space in the distribution infrastructure, the occupation ranges and the fixing points of the poles of the aerial distribution networks intended for sharing with the telecommunications sector".

The point of divergence between the two regulators is the interpretation of the expression "they must give way" in the wording of the article. For the MME, Ministry of Communications and Anatel, the device would imply the obligation of the assignment, while for Aneel, the mere possibility.

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In the public note, Abrint states that AGU's understanding reinforces that poles are essential assets for expanding connectivity and that their shared use cannot depend on optional interpretations.

The representative of internet providers defends regulatory and legislative changes. "The mandatory assignment is a central element, but it needs to be accompanied by clear governance rules, objective responsibilities between agents", informs the note.

"Brazil needs a structural solution, with clear rules, defined responsibilities, balanced supervision, viable deadlines and cost-based prices. The pole issue must be treated as strategic for connectivity, city security and the country's digital development, not as a dispute between energy and telecommunications", said Breno Vale, president of Abrint.

Urgency in the Chamber
A bill has been pending in the National Congress since 2019 to try to discipline the tumultuous relationship between energy distributors and internet providers. Already approved in the Senate, the proposal was urgently approved in the Chamber of Deputies. Abradee (Brazilian Association of Electricity Distributors) expressed support for the project in a statement.

According to the entity, "the text offers a balanced structural solution to a historical and critical bottleneck that affects Brazilian urban centers: the disorderly, informal and absent-minded occupation of the infrastructure of electricity distribution poles via cables and telecommunications equipment".

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Source: CNN