Brazil

Federative Republic of Brazil
*República Federativa do Brasil*
Federative Republic of Brazil República Federativa do Brasil
Population
Official languages	Portuguese
Ethnic groups	49.7% White; 42.6% Pardo (Brown); 6.9% Black; 0.5% Asian; 0.3% Amerindian
Time zone	BRT (UTC -2 to -4)
Mains Electricity	110/220v 60Hz; NEMA 1-15 or CEE 7/16 plug

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Introduction

Brazil is the world's tenth largest economy, with key industries including agricultural, mining, manufacturing and services sectors.

The past few years have brought serious economic difficulties for Brazil. In 1999, the country looked to be on the brink of economic collapse but, during the following year, experienced generally positive economic growth, managing to meet targets set out by the International Monetary Fund (IMF). Unfortunately, during 2001 Brazil once again faced domestic problems, with electricity rationing and a difficult external situation resulting from the economic crisis in neighbouring Argentina. A second IMF deal with new
economic targets was approved in August 2001, giving Brazil access to new credit. Slow growth recovery and uncertainty about political changes resulting from the October 2002 elections may prolong these problems.

Brazil possesses one of the largest telecommunications networks in the world and accounts for almost half of the total number of lines in South America. The national telecommunications regulatory authority, Anatel, claims that, whilst considerable differences in both fixed-line and cellular teledensity still exist between the different regions of Brazil, the levels of geographical
variance have been falling as teledensity levels rise, and it has been predicted that a minimum regional teledensity of not less than 15 percent would be achieved by the end of 2005.

Since liberalisation in 1998, Brazil's fixed-line telecommunications services are dominated by three national incumbents; Brasil Telecom, Telesp and Telemar. A further incumbent, Embratel, acts as a long-distance carrier, whilst there are a number of local and regional challengers. Despite liberalisation, however, fixed-line growth has been largely static for some years, some arguing that it is saturated. As many of the new entrant companies invested heavily to address massive initial demand, this has left several suffering under growing debts and other financial pressures. The situation has been complicated by ambitious targets (such as for Universal Service Obligation) set out in the operating licences, and may be compounded by the creation of new competitive "mirror" companies setting up parallel networks to compete with the incumbents. Further concerns are emerging over the implementation of revised concession contracts in 2006, which many of the challengers argue are unduly favourable to the incumbents, not least in areas
such as broadband provision and local loop unbundling.

A further complaint on the part of fixed-line operators concerns the level of subsidy still paid to mobile operators, not least given the ongoing rapid growth in mobile networks, apparently at the expense of fixed-line services. The first cellular networks went into service in 1990 in the Brazilian capital Brasilia and in Rio de Janeiro when the then-incumbent Telebras, began providing cellular services through its regional operating companies. During the last ten years and following the subsequent privatisation of Telebras, the cellular market in Brazil has expanded to cover nearly 90 million subscribers. Currently, three major players dominate the market: Claro, a subsidiary of
America Movil with a GSM-based service; Telecom Italia subsidiary TIMBrazil, also operating a GSM-based network, and Vivo, a joint venture between Telfonica Moviles of Spain and Portugal Telecom. All thre are currently migrating customers away from existing TDMA platforms, Claro and TIM Brazil to GSM systems and Vivo to a CDMA network. As with the fixed-line sector, there are also a significant number of local and regional competitors.

Access to the Brazilian telecommunications equipment market used to be virtually closed to foreign suppliers due to biased government purchasing policies, high tariff rates and restrictive import licensing intended to protect and foster domestic technology manufacturing industries. Whilst the 1998 market reforms removed many of these restrictions some do remain, ANATEL issuing new regulations in August 1999 that require carriers to give preference to domestic companies for purposes of acquiring services and equipment. Furthermore, among products and services produced in Brazil, preference must be given to those using Brazilian technology.

Background to Approval

Anatel Resolution No. 242 Aprova o Regulamento para Certificação e Homologação de Produtos para Telecomunicações (Regulation on the Certification and Authorisation of Telecommunications Products) details the approvals regime for communications products in Brazil.

The body responsible for overseeing the product approval process in Brazil is Anatel's Superintendent for Radio Frequencies and Enforcement. Under the regime, communications equipment requiring approval falls into
one of three categories:

Category I - Telecommunications terminal equipment intended for use by the general public for the purpose of accessing the national PSTN.

Category II - Equipment not covered by the definition of Category I products but which make use of the electromagnetic spectrum for the transmission of signals, includes antennas and products classed as restricted radiation radiocommunication equipment.

Category III - equipment not covered by Category I or II but is required to:
(a) Assure the interoperatability of networks that support telecommunications services;
(b) Assure the reliability of networks that support telecommunications services; or
(c) Assure electromagnetic compatibility and electrical safety.

The types of equipment covered by the various categories arte set out in greater detail on the Anatel website at http://www.anatel.gov.br/Tools/frame.asp?link=/certificacao/lista_produtos.pdf

Equipment is assessed and authorised according to one of the five procedures described in the annexes of Resolution No.242, outlined below:

• Annex IV - Declaration of Conformity
Applicable to home-made equipment intended for individual use and not intended to be placed on the Brazilian market.

• Annex V - Declaration of Conformity with an Accompanying Test Report
Applicable in exceptional cases where the designated certification body has estimated a timescale of greater than three months for the commencement and completion of the process for the issuance of a certification of conformity. This does not include time taken for testing.

• Annex VI - Certification of Conformity based on Type Approval Tests
Applicable to Category III equipment and involves the intervention of a Designated Certification Assessment Body. The Certification
Assessment Body issues a Certificate of Conformity based on the production of compliant test reports to applicable standards from a thirdparty laboratory recognised by the Brazilian accreditation body Inmetro or through an MRA.

• Annex VII - Certification of Conformity based on Type- Approval Tests and Periodic Assessments
Applicable to Category II equipment. As well as meeting the same requirements as for Annex VI, under Annex VII the applicant is
also required to enter into a contract with a Designated Certification Assessment Body where product samples are periodically collected from the production line or from the market and tested in order to verify that
the technical characteristics on which certification was based are being maintained.

• Annex VIII -Certification of Conformity with a Quality System Assessment
Applicable to Category I equipment. In addition to the requirements set out in Annexes VI and VII, in order for the issue of a Certification of Conformity the applicant must also arrange for the periodic testing of the certified equipment and the assessment of the manufacturer's quality system.

Applications for approval of telecommunications equipment should be submitted to Anatel's Gerência de Certificação (part of the Superintendence for Radio Frequencies and Enforcement).

A local presence is a prerequisite for obtaining approval in Brazil.

Applications should be made using the on-line form on the Anatel website (http://sistemas.anatel.gov.br/sgch). This should be completed, printed out, signed and delivered to Anatel, supported by the following:

• Proof of payment of the application fee;
• A copy of the product user guide (in Portuguese if the product is intended for sale to the general public);
• An authenticated copy of the applicant's Acts of Constitution in Brazil or latest consolidation of Acts, as well as any subsequent contractual changes;
• An authenticated copy of the applicant's CNPJ (National Registry of Corporations) card for income tax purposes;
• A photograph of the proposed labelling of the product;
• A copy of a letter of permit from the EAN Brasil organisation confirming the product's EAN.UCC standard bar coding and the right of the applicant to use that coding;
• Appropriate conformity documentation. The necessary conformity documentation varies dependent upon the nature of the equipment and the procedure used to gain approval, viz:

Annex IV - Declaration of Conformity
Individuals seeking approval for home-made equipment not designed to be placed on the Brazilian market should prepare and submit a Declaration of Conformity (DoC). This must indicate the regulations and rules applicable to the product and certify that the equipment is compliant with them.

Annex V - Declaration of Conformity with an Accompanying Test Report
Applicants for Annex V approval should prepare and submit a DoC as for Annex IV. In addition, applicants must also submit a compliant test report issued preferably by a third-party laboratory accredited by Inmetro or recognised through a Mutual Recognition Agreement (MRA).

Annex VI - Certification of Conformity based on Type Approval Tests
Applicants for Annex VI approval should submit a Certificate of Conformity (CoC) issued by a Designated Certification Body accredited by Anatel. In order to obtain a CoC, applicants are required to carry out testing at an accredited test laboratory as above and then submit the following documentation to the Certification Body for evaluation:

Application

• A completed copy of the certification services request form;
• A signed contract with the relevant Certification Assessment Body;
• A description of the intended use and operation of the product;
• Technical specifications of the product;
• User and installation manual;
• Circuit diagrams;
• Schematics;
• A list of components containing the technical specification of each component and details of the acronym used to identify it in the circuit diagrams and schematics;
• At least three photographs showing the front, back and internal features of the product. Each must be fully identified and at least one must show the product identification label with manufacturer and product name;
• Test reports demonstrating compliance to Brazilian standards. These must have been performed by suitably accredited laboratories, reference the appropriate Brazilian standards and be less than three years old. Where test reports are submitted from an overseas laboratory, the applicant must also include a copy of the laboratory's accreditation document as issued by the national accreditation body, which must be a member of the International Laboratories Accrediation Co-operation (ILAC). Where such a document cannot be provided, the Certification Assessment Body will have to perform an in situ evaluation of the test laboratory and follow the performance of type approval tests. Current details of accredited Certification Assessment Bodies and the scope of each may be obtained from the Anatel website. At present there are thirteen such bodies:

• Associação NCC Certificações do Brasil;
• ACTA - Supervisão Técnica Independente;
• CTCP - Centro Tecnológico de Certificação e Pesquisa;
• Fundação CPqD;
• Fundação Vanzolini;
• IBRACE - Instituto Brasiliero de Certificação;
• IPDE - Instituto de Pesquisa, Desenvolvimento e Educação;
• MASTER Associação de Avalição de Conformidade Telecom;
• OCP-Teli - Organização Certificadora;
• TECPAR - Insituto de Tecnologia do Paraná;
• TÜV Rheinland Brasil;
• UCIEE - União Certificadora;
• UL Do Brasil.

Annex VII - Certification of Conformity based on Type-approval Tests and Periodic Assessments
In addition to the requirements set out in Annex VI for the issue of a CoC, products subject to authorisation under Annex VII are also required to undergo continuous random testing following being placed on the market. Applicants for Annex VII certification should negotiate a contract with the Certification Assessment Body issuing the CoC specifying the periodic performance of tests on samples collected from the production line or commercial establishments.

Annex VIII - Certification of Conformity with a Quality System Assessment (Telecommunications terminal equipment only)
In addition to the requirements to Annex VI and VII for the issue of a CoC and periodic product assessment, Annex VIII calls for the evaluation and certification of the manufacturer's quality system by a Certification Assessment Body. The Certification Assessment Body will assess the quality system and ensure that it takes into consideration the procedures necessary in order to maintain the technical characteristics upon which the product certification is based.

This is customarily done by means of an on-site evaluation of the manufacturer's production facilities and quality system. If, however, the manufacturer is able to provide a valid ISO9000 quality system certificate issued by a competent body and which covers the equipment for which approval is sought, the need for an on-site inspection may be avoided. The quality system certificate (either ISO9000 or that furnished by the Certification Assessment Body) and CoC should then be forwarded to Anatel as part of the application package.

All documentation should be submitted in Portuguese.

Testing

Products should be tested for conformance to the applicable Brazilan standards. Details of currently published standards may be obtained from Associação NCC Certificações do Brasil. Details of specific technical requirements for various types of telecommunications equipment may be obtained on-line from http://www.anatel.gov.br/Certificacao/requisitos.asp?CodTopico=1645&CodArea=5&CodTemplate=5&CodTopicoFim=1

Brazilian regulations require that parties seeking approval for their telecommunications products should endeavour to have the necessary test programme performed by a suitable Brazilian third party test laboratory which has been accredited by Inmetro or recognised through a Mutual Recognition Agreement. Should this not be possible, another laboratory may be selected according to the following order of priority:

• Accredited laboratories;
• Unaccredited third-party laboratories evaluated by the appropriate
Certification Assessment Body;
• Unaccredited non-third-party laboratories evaluated by the appropriate
Certification Assessment Body.
There are now eleven Inmetro-accredited third-party laboratories in Brazil,
namely:

• CIENTEC - Laboratório de Interferência Eletromagnética;
• FITec - Fundação para Inovações Technológicas;
• Instituto Lab System de Pesquisas e Ensaios;
• IPE - Instituto de Pesquisas Eldorado;
• IPT - Laboratório de Avaliação Elétrica;
• Lab Soluções Technológicas Ltda;
• LABELO/PUCRS - Laboratório de Eletrônica;
• Laboratórios da Fundação CPqD;
• LACTEC;
• NMI Do Brasil;
• UCIEE - União Certificadora.

At present, however, the scope of testing services offered is understood to be limited. For in-country testing, therefore, especially of equipment employing advanced technologies, applicants may need to consider using either third party laboratories evaluated by the designated Certification Assessment Body, or unaccredited non-third party laboratories that have been evaluated by the designated Certification Assessment Body.

In both cases, the designated Certification Assessment Body must evaluate the chosen laboratory and verify the testing process. This may be undertaken by having an authorised representative observe the tests, or by means of an agreed verification procedure. In the latter instance, the test laboratory should supply a test plan to the Certification Assessment Body prior to the commencement of tests and regularly update the relevant Certification Assessment Body engineer as the test programme proceeds.

Whilst it is possible to apply for approval on the basis of test reports issued by an overseas test laboratory, Official Circular No. 37/2002/RFCEC/RFCE-ANATEL) states that overseas test reports will only be accepted in cases where the applicant has already approached an ANATEL-preferred laboratory but experienced one or more of the following results:

• The test laboratory has failed to secure a valid quotation for testing within fifteen working days from the date of its initial request;
• The test laboratory has fixed a timescale of more than ten working days between the acceptance of the commercial proposal or contract signing and the commencement of tests;
• The greater part of the required product test suite falls outside the scope of the ANATEL-preferred test laboratories;
• The costs or logistics of performing tests prove prohibitive in comparison with performing those same tests under comparable conditions at an overseas test laboratory.

In each case, use of an overseas test laboratory should be considered only as a measure of last resort if no third party or non-third party laboratory evaluated by the Certification Assessment Body in Brazil can be found to undertake the work in accordance with the foregoing conditions. Where the applicant elects to use an overseas test laboratory, a full documentary justification of its reasons for doing so must be included as part of the application package. In addition, any such laboratory used must be accredited by the official Accreditation Body of the country concerned, which body must also be a member organisation of the International Laboratory Accreditation Co-operation (ILAC).

Any test reports submitted must be less than two years old.

EMC Requirements
Compliance with Brazilian EMC standards is required under the terms of Resolution No.242.

Revised EMC requirements are set out in Resolution No.442 of 21 July 2006, which supercedes the former Resolution No.237 of 9 November 2000. In addition to the ANATEL approvals procedure, Resolution No.442 references the following international standards:

• IEC 61000-4-2(2001) - Electromagnetic Compatibility (EMC) - Part 4: Testing and Measurement Techniques. Section 2 Electrostatic discharge immunity test;
• IEC 61000-4-3 (2002) - Electromagnetic Compatibility (EMC) - Part 4: Testing and Measurement Techniques. Section 3 Radiated
electromagnetic field requirements;
• IEC 61000-4-4 (2004) - Electromagnetic Compatibility (EMC) - Part 4: Testing and Measurement Techniques. Section 4 Electrical fast
transient;
• IEC 61000-4-5 (2001) - Electromagnetic Compatibility (EMC) - Part 4: Test and Measurement Techniques - Section 5: Surge Immunity
Test;
• IEC 61000-4-6 (2004) - Electromagnetic Compatibility (EMC) - Part 4: Testing and Measurement Techniques. Section 6 Immunity to
conducted disturbances induced by radio-frequency fields;
• IEC 61000-4-11 (2004) - Electromagnetic Compatibility (EMC): Part 4: Testing and Measurement Techniques; Section 11: Voltage dips, short interruptions and voltage variations; Immunity tests;
• CISPR 11 (2003) - Industrial, scientific and medical (ISM) radiofrequency equipment - Electromagnetic disturbance characteristic - Limits and methods of measurement;
• CISPR 22 (2005) - Limits and methods of measurement of radio disturbance characteristics of information technology equipment;
• CISPR 24 (1997), Amend 1 (2001) e Amend 2 (2002) - Information technology equipment - Immunity characteristics - Limits and methods of measurement;
• ITU-T Rec. K.21 (2003) - Resistibility of telecommunication equipment installed in customer premises to overvoltages and overcurrents;
• ITU-T Rec. K.44 (2003) - Resistibility tests for telecommunication equipment exposed to over voltages and overcurrents - Basic
recommendation;
• ITU-T Rec. K.38 (1996) - Radiated emission testing of physically large telecommunication systems;
• ITU-T Rec. K.48 (2003) - EMC Requirements for each telecommunication equipment - product family recommendation.

Safety Requirements
Compliance with Brazilian electrical safety standards is also required under the terms of Resolution No.242. Electrical safety requirements for Brazil are set out in Resolution No.238 of 9 November 2000 and in the following
national standards:

• IEC 950;
• UL 1950;
• EN 60950;
• NB 1215.
NB 1215 is a Brazilian version of IEC 950 1st edition.

Additional requirements may apply for some other categories of equipment incorporating an ancilliary connection to the telecommunications system, e.g. computers and related IT equipment.

Approval

Product authorisations are non-transferable and only apply to products whose identification and characteristics are identical to those included in the certification document.

Costs
Anatel currently charges the following for equipment verification and authorisation. These costs do not include the services of the Certification Assessment Body and test fees.

Authorization for Certification of Conformity: R$ 500.00
Authorization for Declaration of Conformity: R$ 200.00
Renewal of Authorization: R$ 200.00

Authorisation validity
The term of validity for product authorisations is generally five years for products approved by means of a Declaration of Conformity, and indefinitely for products approved by means of a Certification of Conformity.

Timescales
An application for approval generally takes three to four months to process in cases where the product is tested in Brazil to national standards. Timescales, however, are very much dependent upon the workload of the Certification Assessment Body and test laboratory at the time of application. It may take longer to process approvals on the basis of foreign test reports.

Labels
All approved equipment must carry an identification label, an example of
which is given below:

The label must be permanently affixed to the equipment in a visible position and carry the universal EAN.UCC Global Trade Item Number (GTIN) and barcode used to identify the specific item of equipment. In order to obtain a valid EAN.UCC number and barcode, the equipment manufacturer or their authorised representative will need to become a member of GSI Brasil or the local EAN member organisation in their country of origin. Further details regarding EAN.UCC coding may be obtained from GSI Brasil
(http://www.eanbrasil.org.br).

What if . . .?

....my company has no local presence in the country?

A local presence is required either directly or via an authorised agent in order to apply for and hold approval in Brazil.

...I have test reports/approval certificates issued in other countries?

Test reports from other countries may be used, BUT ONLY in cases where it is not possible to undertake testing in Brazil.

... the technical documents and user manual are in English/another language other than local?

Application packages must be in Portuguese. User instructions also must be in Portuguese if the product is intended for sale to or use by the general public.

... a contract is required between my company and the test laboratory?

Although a contract may not be required, applicants should agree timescales, costs, documentation and delivery of samples before the commencement of tests in Brazil. If Annex VI, VII or VIII is used to demonstrate conformity, a Rendering Services Contract must be negotiated with an appropriate Certification Body.

... a factory inspection is required?

A factory inspection is not customarily required for approval (unless the Annex VIII or VIII routes are followed). The Gerência de Certificação, however, reserves the right to carry out inspections to check that only approved products are supplied.

... the equipment parameters change?

Modifications to approved equipment should be notified to Anatel with full details of the changes. Anatel will then decide whether further testing is required.

... approval isn’t granted?

The reasons for refusal should be discussed with Anatel's Gerência de Certificação. Should this fail to resolve the situation, an appeal may be made to the National Institute of Metrology, Standardization and Industrial Quality (INMETRO).

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