Anatel Public Consultation No. 32 is open for contributions until October 13, 2026, at 11:59 p.m. The proposal under discussion would set a uniform cap of up to 30% of the spectrum considered for the same economic group, in each municipality, across three blocks: below 1 GHz, between 1 GHz and 3 GHz, and between 3 GHz and 7.125 GHz. This percentage is not yet a rule in force. The consultation concerns a draft that, if approved at the end of the regulatory process, would replace Resolution No. 703/2018.
The distinction matters because the rule currently in force uses different percentages. Under Resolution No. 703/2018, a provider and its affiliates, controlled companies or controlling companies may hold, in the same municipality, up to 35% of the listed spectrum below 1 GHz, with the possibility of reaching 40% subject to conditions imposed by Anatel. Between 1 GHz and 3 GHz, the cap is 30%, also with the possibility of reaching 40% subject to conditions. The current rule does not establish an equivalent general cap for bands above 3 GHz, although auction notices may impose stricter limits.
What Public Consultation 32 proposes
The draft submitted to Public Consultation No. 32 reorganizes the limits into three frequency groups and proposes the same 30% cap for all of them. The calculation is made by municipality and considers the provider together with affiliates, controlled companies or controlling companies, meaning the economic group for purposes of the rule.
| Frequency block | Public Consultation 32 proposal | Bands listed in the draft |
|---|---|---|
| Below 1 GHz | Up to 30% | 700 MHz, 850 MHz and 900 MHz |
| Between 1 GHz and 3 GHz | Up to 30% | 1.5 GHz, 1.8 GHz, 1.9 GHz, 2.1 GHz, 2.3 GHz and 2.5 GHz |
| Between 3 GHz and 7.125 GHz | Up to 30% | 3.5 GHz, 4 GHz and 6 GHz |
The draft does not use every portion of spectrum existing in Brazil as the calculation base. For each block, it considers the sub-bands listed in its annex that, on the date of Anatel's analysis, have a primary-use authorization associated with the Personal Mobile Service, or are the subject of an ongoing primary-use authorization procedure.
What would change compared with the current rule
The clearest change would be the standardization of the cap at 30% and the inclusion, in the general rule, of a third block between 3 GHz and 7.125 GHz. Today, Resolution No. 703/2018 uses 35% below 1 GHz and 30% between 1 GHz and 3 GHz, allowing both caps to be extended to 40% subject to conditions imposed by the Agency. The Public Consultation 32 proposal does not reproduce that extension to 40% in the text submitted to the public.
| Situation | Rule in force in September 2026 | Public Consultation 32 proposal |
|---|---|---|
| Below 1 GHz | 35%, with the possibility of reaching 40% subject to conditions | 30% |
| Between 1 GHz and 3 GHz | 30%, with the possibility of reaching 40% subject to conditions | 30% |
| Between 3 GHz and 7.125 GHz | No equivalent general cap in Resolution 703; auction notices may impose limits | 30% |
The list of frequencies considered in the annex would also change. The proposal concentrates the block below 1 GHz on the 700, 850 and 900 MHz bands and details new references for the higher blocks, including 3.5 GHz, 4 GHz and 6 GHz in the third group.
When the 30% cap would be checked
According to the draft, the limits would be checked when Anatel issues a new primary-use radiofrequency authorization to the provider's economic group, in transfers of authorization ownership and in corporate control change proceedings. The text also provides that the limits may be considered in prior approval proceedings for industrial exploitation under the Spectrum Use Regulation, for the purpose stated in the draft of avoiding spectrum concentration inconsistent with the principles of the new resolution.
In corporate control change proceedings, the proposal provides up to 18 months for compliance with the limits. The same maximum period already appears in the current rule for transfers of authorization and changes of control, but the new wording reorganizes the situations in which the cap would apply.
There is also a relevant exception: the draft says that the new limits would not apply to the first renewal of radiofrequency-use authorizations when the new resolution enters into force.
Auction notices could still be stricter
Even with a general 30% cap, the draft preserves the possibility for auction notices for radiofrequency-use authorizations to adopt stricter spectrum limits. The text expressly states that this may also occur for bands above 7.125 GHz. Therefore, the general percentage in the resolution would not prevent a specific auction notice from establishing tougher conditions for a particular auction.
Is the 30% cap already in force?
No. As of September 27, 2026, Public Consultation No. 32 remains open on Participa Anatel, and the uniform 30% cap is part of a proposal. Resolution No. 703/2018 remains in force.
The draft itself provides for the repeal of Resolution No. 703/2018 and states that the new resolution would enter into force 30 days after publication. That depends, however, on the conclusion of the consultation and later stages of the regulatory process. Contributions received during the consultation may lead to changes in the text before any final approval.
How to participate in Public Consultation No. 32
Anatel states that contributions to public consultations should be made through Participa Anatel. Public Consultation No. 32 appears among ongoing consultations with a closing time of October 13, 2026, at 11:59 p.m.
- Open Participa Anatel and locate Public Consultation No. 32.
- Open the consultation to read the submitted text, the draft resolution and related documents.
- Sign in with a gov.br account. Anatel's guidance page states that access to the system requires an account with Bronze trust level.
- Use the contribution option inside the consultation and register the criticism, suggestion or comment you want to submit.
- Send the contribution before the closing time shown in the system.
According to Anatel, all Brazilian citizens may contribute to public consultations. Company representatives have an additional registration procedure to prove their link to the organization.
What to check before submitting a contribution
To comment on the proposal precisely, it is useful to identify which item of the draft is affected and distinguish issues related to the 30% percentage, the composition of the bands included in the calculation, the situations in which the cap would apply, or the transition rules. The Public Consultation 32 page provides the draft text and documents associated with the regulatory process.
The main point for readers is straightforward: until October 13, the debate remains open; the 30% cap has not replaced the current regulation. The consultation concerns a possible change in spectrum concentration limits per economic group in each municipality, not a new limit that is already enforceable against providers.
