The Space Law Review: Brazil

Introduction to the national legal, regulatory and policy framework

The Brazilian space industry is currently undergoing a major transformation. In addition to the existing legal and regulatory framework concerning the operation of satellites, the Brazilian government's current policy is to enhance the country's profile in the global space industry by becoming one of the major launching states for commercial satellites and other payloads.

Brazil has ratified and officially enacted the following United Nations space treaties by specific decrees2 incorporating them into the Brazilian legal framework:

  1. the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies;
  2. the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space;
  3. the 1972 Convention on International Liability for Damage Caused by Space Objects; and
  4. the 1974 Convention on Registration of Objects Launched into Outer Space.

The National Telecommunications Agency (ANATEL), created in 1997 by Law No. 9,472 (the Telecommunications Law), is an independent government agency that is responsible for regulating the entire Brazilian telecommunications sector. ANATEL is responsible for granting, regulating and supervising the use of satellite operation authorisations, which are the main instrument for enabling private parties to use orbital positions and radio frequency spectrum, and to provide satellite capacity over the Brazilian territory for the provision of satellite-related telecommunications services by interested third parties. Section II presents an overview of the regulatory framework that ANATEL has created for the Brazilian space sector.

There are two main government agencies that are responsible for space matters: the National Institute for Space Research (INPE);3 and the Brazilian Space Agency (AEB).4 Both agencies report to the Ministry of Science, Technology and Innovation. Created in 1961, INPE is a federal institute engaging in space research and exploration. Its purpose is to promote and implement studies, scientific research and technological developments, as well as to train personnel in the fields of air and space sciences, space engineering and space technology. The INPE works in close cooperation with the AEB, which is responsible for the Brazilian Space Programme (PEB) – a federal programme that encompasses the research and development of space launch vehicle technologies, satellite manufacture and space exploration in general.5 In addition to coordinating the PEB, the AEB is also entrusted with establishing the regulatory framework for space launch activities and has recently published new guidelines in this regard, which are also addressed in Section II.

Regulation in practice

The regulatory framework of the Brazilian space sector can be divided into two main fields:

  1. operation of satellites, primarily encompassing the right to use orbital slots and radio frequency spectrum, as well as to provide satellite capacity and consequently allow the provision of satellite-related telecommunication services; and
  2. commercial launch activities, which are a recent development for the country.

i Operation of satellites

The Telecommunications Law establishes the general requirements for the operation of satellites and for the provision of telecommunications services supported by the satellite infrastructure. The operation of satellites is regulated by the national rules established by ANATEL through its specific regulations and the international rules established by the International Telecommunication Union (ITU).6

Frequency allocation

According to the relevant ANATEL regulations, the operation of satellites in and from Brazil must be carried out exclusively through the frequency bands specifically allocated to satellite services compatible with Brazilian telecommunications services (e.g., Ka-band, Ku-band).

The regulatory framework for the use of radio frequency spectrum in Brazil is established by the Frequency Band Assignment, Allocation and Distribution Plan (PDFF)7 and is regulated by ANATEL Resolution No. 671 of 2016. Considering that Brazil is a Member State of the ITU, the PDFF provides that its content should be compatible with the ITU's Frequency Allocations Table (FAT) and, therefore, material amendments made by the World Radiocommunications Conferences8 to the FAT should be reflected in the PDFF.

Types of authorisations related to the use of satellites

Pursuant to its regulations, ANATEL requires satellite operators to obtain specific types of authorisations depending on the services that the operators intend to provide in Brazil in association with the operation of satellites in the Brazilian territory.9

  1. Satellite landing right authorisation: the operation of satellites associated with fixed satellite, mobile satellite and broadcasting satellite services is subject to the satellite landing right authorisation, which grants operators the right to use specific spectrum and orbital positions to provide satellite capacity to interested third parties. In Brazil, satellite spectrum can only be provided to entities that already hold a concession, a permit or an authorisation to provide telecommunications services and to the Armed Forces.10 The process for obtaining a satellite landing right authorisation was established by the Telecommunications Law and is currently regulated by ANATEL Resolution No. 220 of 2000.
  2. Private limited services authorisation: the operation of satellites associated with (1) space operation and space research service, (2) satellite-based Earth exploration radiocommunication services and (3) satellite-based meteorology services, using a ground station within the Brazilian territory, is subject to a radiofrequency use authorisation called a private limited services authorisation, which is currently regulated by ANATEL Resolution No. 617 of 2013.
  3. Amateur radio authorisation: the operation of satellites associated with satellite amateur radio (ham) radiocommunication services using a ground station within the Brazilian territory is subject to the amateur radio authorisation, which is currently regulated by ANATEL Resolution No. 449 of 2006.

Notwithstanding the foregoing, there are also certain cases where the operation of satellites over the Brazilian territory is not subject to any authorisations granted by ANATEL. According to ANATEL, these cases are:

  1. radiocommunication services of standard signals of frequency and time;
  2. satellite radiodetermination services;
  3. satellite radiolocation services;
  4. satellite radionavigation services; and
  5. satellite-linking services.

Satellite landing right authorisation

The satellite landing right authorisation, by which operators are granted the right to provide satellite capacity over the Brazilian territory using assigned orbital positions and radio frequency spectrum associated with a Brazilian satellite network, is the most important regulatory instrument for commercial satellite operations in Brazil.

As with any other authorisation from ANATEL, obtaining a satellite landing right authorisation requires the initiation of an administrative process by ANATEL, which involves a technical and regulatory analysis carried out by ANATEL. According to ANATEL Resolution No. 220 of 2000, the initiation of the administrative process must follow a specific application procedure, which includes the submission of the following documents:11

  1. a statement that the national and international regulations will be complied with;
  2. simplified technical information about the satellite system;
  3. power of attorney granted by the satellite operator to the person submitting the application;
  4. a clearance certificate in relation to outstanding amounts owed to ANATEL;12
  5. an indication of the period for which the satellite landing right should be granted, which is limited to 15 years;
  6. an indication of the frequency bands and the geographical coverage area that are associated with the requested satellite landing right; and
  7. a copy of the coordination agreements entered into with satellite operators that are already authorised in Brazil.

The satellite landing right authorisation covers both Brazilian satellites and foreign satellites, although there are a few differences between the approval processes related to each of them. ANATEL defines Brazilian satellites as those using spectrum and orbital positions (satellite network) under the responsibility of Brazil at the ITU and that have their telemetry, tracking and control stations within the Brazilian territory, while foreign satellites are those using spectrum and orbital positions under the responsibility of other administrations at the ITU.

Brazilian satellites

With respect to Brazilian satellites, some recent amendments made by Law No. 13,879 of 2019 to the Telecommunications Law conflict with certain provisions of ANATEL Resolution No. 220 of 2000, thus affecting the landing right authorisation process and other related matters.

Under ANATEL Resolution No. 220 of 2000, which is based on the original version of the Telecommunications Law (that is, prior to the enactment of Law No. 13,879 of 2019), the standard process for granting Brazilian satellite landing rights would start with the initiation of a public procurement process. This means that ANATEL Resolution No. 65 of 1998 would also apply, as it establishes the general procurement rules for concessions, permissions and authorisations of telecommunications services, as well as for the use of radio frequencies.

Pursuant to ANATEL Resolution No. 220 of 2000, such public procurement processes would be waived whenever the procurement process would prove infeasible or unnecessary. According to this Resolution, a procurement process is considered infeasible when only a single interested party can obtain the right under the established conditions and a procurement process is considered unnecessary in cases where satellite operation is open to all interested parties that meet the required conditions. In practice, the procedure for verifying whether the tests described above are met would include a public consultation to determine the number of interested parties and verify whether the available orbital positions and spectrum can be used by all interested parties that are technically, legally and financially qualified to participate in the procurement process. ANATEL would effectively conduct the public procurement process for granting the respective landing right if it is satisfied that the process is feasible and necessary.

On the other hand, if a procurement process were determined to be infeasible or unnecessary, ANATEL would directly implement an administrative procedure to verify the fulfilment of the specified qualifications and requirements. In this case, ANATEL would use its discretion to determine the amounts to be paid for the satellite landing right and for the use of the associated radio frequencies in advance.13

Nevertheless, the recently amended Telecommunications Law (after the enactment of Law No. 13,879 of 2019) removes the public procurement process for granting a satellite landing right authorisation by allowing the authorisations to be granted through an administrative process established by ANATEL.14 The extent of the impact of this change on the authorisation process is yet to be seen as ANATEL is currently in the process of reviewing the rules of Resolution No. 220 of 2000 to bring them in line with the recent changes in Law No. 13,879 of 2019.

In addition to the authorisation process, Resolution No. 220 of 2000 and the new version of the Telecommunications Law conflict with each other in relation to renewals of satellite landing rights authorisations. Pursuant to the Resolution, a satellite landing right authorisation is granted for a period of up to 15 years and may only be renewed once for an additional 15-year period.15 However, the amended wording of the Telecommunications Law removes the existing condition on renewals, allowing ANATEL to grant multiple renewals of a satellite landing right authorisation.16

Foreign satellites

In contrast, the process for granting a satellite landing right authorisation to foreign satellites does not involve a public procurement process. In addition to the list of documents described under 'Satellite landing right authorisation', foreign satellite operators are required to submit the following to obtain a satellite landing right authorisation:

  1. information on the company acting as the legal representative in Brazil;
  2. a statement that this information will be constantly updated and that the satellite capacity will be commercialised only through the appointed representative;
  3. a certified copy of the company's constitutional documents evidencing that the appointed legal representative is a Brazilian company, with its administrative headquarters in Brazil; and
  4. a document issued by the responsible agency, together with a certified translated copy in Portuguese, evidencing the conditions for the use of the space segment previously authorised in the satellite's country of origin.

If a foreign satellite operator wishes to appoint more than one legal representative in Brazil, the applicable regulations also establish that a joint liability agreement must be submitted as part of the application procedure. The agreement shall indicate which representative will be responsible for paying the public price, which is currently set at 102,677 reais,17 and applicable taxes as determined under Brazilian laws and regulations.18

Provision of satellite capacity

Regarding the provision of satellite capacity to interested telecommunications services providers, both the Telecommunications Law and ANATEL Resolution No. 220 of 2000 establish that Brazilian satellites will have priority over foreign satellites whenever they offer equivalent conditions.19

According to ANATEL's criteria, a condition is deemed equivalent when:

  1. the time frame is compatible with the telecommunications service provider's needs;
  2. the price conditions are equal or more favourable; and
  3. the technical parameters meet the telecommunications service provider's requirements.20

Under ANATEL Resolution No. 220 of 2000, the contracting party that is providing the satellite capacity must be an entity that already holds a concession, permission or authorisation to operate telecommunications services.

Miscellaneous

Brazilian and foreign satellites must comply with the Telecommunications Law, as well as with any applicable national and international laws, regulations and treaties, during the period in which the satellite landing right authorisation is in force.

With due regard to other potential civil and criminal liabilities, ANATEL may apply several administrative sanctions of varying degrees of severity.21 All formal charges pressed by ANATEL must be duly circumstantiated and sanctions will only be applied after the defendant has been assured of prior and full defence rights.22 ANATEL has the autonomy to ultimately decide on all matters within its authority, as long as the right to appeal to ANATEL's board has been granted.23 In any case, considering that ANATEL is a government agency, its decisions are restricted to administrative proceedings and may be challenged in court.

Global mobile satellite services authorisation

Unlike the types of authorisations already described in this section, which focus on the operation of satellites over Brazilian territory, the global mobile satellite services (GMSS) authorisation, as regulated in Brazil, represents a satellite-based mobile service that involves the use of satellite systems that have a coverage area that encompasses all or a large part of the global territory. It is utilised for the provision of different telecommunications applications based on the contracted satellite capacity.

GMSS are currently regulated by Normative Ruling No. 16 of 1997, which was approved by Ordinance No. 560 of 1997, issued by the former Ministry of Communications.24 This means they are currently governed by a set of outdated rules that are not entirely in line with those enacted by ANATEL with regards to the other existing telecommunications services in Brazil.

Although ANATEL has not yet formally enacted a resolution with updated rules to govern the provision of GMSS in Brazil, it has already adopted a simpler procedure regarding the granting of GMSS authorisations to interested private parties, which is more in line with ANATEL's rules for the other existing telecommunications services in Brazil and can be found on the ANATEL's official website.25

ii Commercial launches

Considering the recent growth outlook of the global satellite industry, as well as the potential public benefits associated with it, the Brazilian government's current policy is to transform the Alcântara Space Centre (CEA), which is the country's main launch facility, into a hub for commercial launch activities in Brazil.26 To this end, Brazil has signed a Technological Safeguards Agreement (TSA) with the United States, and a new regulatory framework has been created, enabling further developments in the Brazilian space industry.

Technological Safeguards Agreement

To protect sensitive technology and defend its strategic interests, the US government requires other countries and companies to obtain a US authorisation to launch satellites containing US systems and components before the respective launch is performed. The TSA was signed in March 2019 and was ratified by the Brazilian Congress27 on 12 November 2019 to ensure the protection of US technologies used in satellites launched from Brazil, which has made this an extremely important development in Brazilian commercial launch activities.28 According to the Brazilian Ministry of Science, Technology and Innovation, approximately 80 per cent of the world's space-related equipment includes US technology.29 Therefore, the TSA significantly expands the possibilities of launching US and any other satellites that contain systems or components manufactured in the United States (including Brazilian satellites) from Brazil.

The TSA updates an earlier bilateral agreement between Brazil and the United States that was signed in 2000 but was never ratified by the Brazilian Congress.30 When the previous bilateral agreement was being voted on in the Brazilian Congress, the opposition raised concerns regarding Brazilian sovereignty and rejected the proposal. These concerns were once again raised by the opposition in 2019. However, the government managed to obtain a majority vote for the approval of the TSA by asserting that the CEA will continue to be under Brazil's exclusive control, being directly subordinated to the jurisdiction of the Brazilian Ministry of Defence and the AEB. In addition to commercial launches, the TSA also includes other elements of aerospace cooperation between Brazil and the United States, including the sharing of satellite technologies.

Alcântara Space Centre

The CEA is currently the main launch facility for the AEB and the Brazilian Air Force (FAB) in Brazil. The current government's intention, nevertheless, is to transform the facility into a major spaceport by putting the CEA to commercial use by a wide range of launch operators.

When compared with other spaceports around the world, the CEA has significant competitive advantages owing to:

  1. the privileged location of available sites, which are close to the equator;
  2. proximity to the sea, which enables launches into both polar and equatorial orbits;
  3. low population density;
  4. absence of earthquakes and hurricanes;
  5. low air traffic density;
  6. the weather, which allows for launches during the whole year; and
  7. an ideal location for responsive launches, which are characterised by the ability to launch a space payload on short notice and in a flexible manner.31

AEB Resolution No. 182 of 2020

The recently published AEB Resolution No. 182 of 2020 has created the necessary framework for conducting commercial space launch activities in Brazil and established the requirements for obtaining a launch operator licence. The AEB defines space launch activities as a set of activities associated with launching satellites and other types of payloads (orbital, suborbital or in any other position in outer space) through launch vehicles, as well as the return phase, which includes:

  1. preparing and conducting launch operations through the launch centre; and
  2. preparing all technical and managerial documentation related to the launch, including evidence of compliance with the requirements established by specific regulations.32

Pursuant to AEB Resolution No. 182 of 2020, a launch operator licence will be granted by the AEB to a private legal entity or person, which may be an individual, a company or a consortium, provided that the licensee is headquartered or legally represented in Brazil. The AEB will authorise the licensee to launch satellites and other types of payloads that reach an altitude of 100km above sea level.33 To determine if the launch operator licence should be granted, the AEB may carry out, at its sole discretion, a prior consultation with the respective bodies or entities of the federal public administration regarding possible conflicts between the proposed space launch activities and security or foreign policy interests, or both. The licences may contain restrictive conditions34 and will be granted for a period of five years, with an option for renewal for equal and successive periods.35

Obtaining a launch operator licence requires the initiation of an administrative process – similar to the landing right authorisation – that must be carried out exclusively by electronic means. This process requires filling out an application form and submitting specific documents, which will be verified, processed and assessed by a special committee composed of at least three members appointed by the president of the AEB.36 The documents must include the following:37

  1. information about the corporate entity applying for the licence;
  2. any technical qualifications of the corporate entity, consisting of proof of suitability for performance of the proposed space launch activities, as well as the qualifications of the members of the technical team who will be responsible for the proposed activities (these may be obtained through presentation of certificates or other appropriate documents);
  3. certificates of good standing with regard to tax and employment obligations; and
  4. proof of payment of the licence fees, which are yet to be determined by the AEB's president.

If necessary, the launch operator licences may be transferred to another launch operator, subject to prior approval from the competent authorities. The transfer of a launch operator licence must fulfil certain requirements, such as an obligation to provide information relating to the identity of the transferee who will remain subject to the same duties, obligations and charges of the transferor.38

As part of its role, the AEB may apply administrative sanctions if certain space launch activities violate the terms of AEB Resolution No. 182 of 2020. Possible sanctions are a warning, temporary suspension of the licence or permanent termination of the licence, depending on the severity of the violation, the licensee's past record and the actions taken by the licensee to mitigate the damage caused, if any. Apart from these administrative sanctions, operators may also incur civil or criminal liability (or both) pursuant to the laws of Brazil, if applicable.39 All of the AEB's decisions denying a grant or transfer of a licence, temporarily suspending a licence, revoking a licence or imposing any other sanctions, are subject to appeals to the president of the AEB.40

Distinctive characteristics of the national framework

Considering political, economic and geographical factors, Brazil has the potential to greatly expand its space sector. The government's current policy is to increase related activities, enhancing the country's relevance in the global arena and attracting investments. In addition, as a nation currently in development with a large internal market, Brazil presents great growth opportunities and its geographical location supports cost-effective and practical satellite launch activities.

In contrast with other nations that undertake commercial space activities, however, the Brazilian regulatory framework is still underdeveloped – for example, insurance and end-of-life requirements are examples of two important areas that are not extensively regulated. This underdevelopment, along with a lack of predictability and, as a result, a lack of legal certainty, is a potential issue. In fact, the conflict between ANATEL Resolution No. 220 of 2000 and the Telecommunications Law, as outlined in Section II, is an example of legal uncertainty in the satellite operation sector.

Progress is being made with regard to commercial launches, with a regulatory framework having recently been created. However, this framework is untested and its adequacy will be proven in time.

Current developments

The Brazilian space sector is currently undergoing a major transformation to modernise its legal and regulatory framework for satellite operation, as well as to facilitate commercial launch activities to take place from Brazil. The aspects of this transformation are summarised below.

i Operation of satellites

ANATEL is currently reviewing its rules on the use of radio frequency spectrum related to satellite operation in the country and ran Public Consultation No. 51 of 2020 this summer to overhaul ANATEL Resolution No. 671 of 2016, which currently regulates the matter. The main topics addressed in this public consultation were the following:

  1. incorporation of ANATEL's board rulings within the intended revision of the Spectrum Management Model;
  2. regulations on unintentional emissions;
  3. coordination of radio frequency use;
  4. renewal of radio frequency use licences;
  5. spectrum access and the secondary market;
  6. licensing on a secondary basis; and
  7. normative consolidation.

Other issues may also be subject to revision and ANATEL is currently working on its regulatory impact assessment report.41

Another discussion that is underway and that affects the satellite industry in Brazil relates to the implementation of 5G technology in the country. The National Union of Satellite Telecommunications Companies (SINDISAT) has expressed its concerns over ANATEL's preliminary plans for a public bid, which include frequency reallocations. As part of its response, SINDISAT stated that any further reallocations affecting frequency bands that are currently in use must be preceded by appropriate studies to protect the incumbent users and to ensure legal certainty.42 According to SINDISAT, the proposed frequency reallocation plan does not consider the current ecosystem of the incumbent satellite operators, all of which made large investments and received grants from ANATEL. ANATEL is currently reviewing the comments and suggestions submitted in a public consultation that ended on 31 August 2020.43

ii Commercial launches

Concerning its ability to grant licences for space launch activities, the AEB issued a public call on 25 May 2020 to identify domestic and foreign companies that are interested in carrying out suborbital and orbital commercial launch operations using the CEA.44 As the FAB is responsible for the management of the CEA, the FAB and the AEB signed a cooperation agreement to transfer the responsibility for interacting with companies interested in commercially exploring the CEA to the AEB.45

Pursuant to the public call, the procedure for obtaining an operator licence to use the CEA is divided into five phases. According to the AEB, although the second phase ended on 31 July 2020, it may still be reopened.46

In the first phase, the FAB provides the CEA's infrastructure for launching non-military 'space vehicles' (i.e., space objects). In the second phase, the AEB issues a public call requesting interested companies to submit a form containing basic information on the company, its representatives and a concept of operations describing the launch vehicle and the proposed launch operation in Brazil. After the registration is validated, the AEB signs a non-disclosure agreement (NDA) with all interested parties.

The third phase consists of the AEB's Special Licensing Committee initiating a process to determine whether the legal entities interested in carrying out space launch operations meet certain requirements defined by the AEB (the specifics of this process are yet to be established). In the fourth phase, the registered companies that already signed the NDA must submit their initial offer, which will be assessed by the AEB's Special Analysis Committee, with members from the AEB and the FAB's Aeronautical Command (COMAER). After the operator licence is issued by the Special Analysis Committee, companies shall start negotiating contractual terms with COMAER. This process may also occur simultaneously, at the interested party's discretion. Finally, in the fifth phase, after the agreement is signed with COMAER, the operator may commence its space launch activities and the AEB will be responsible for safety inspections.

Outlook and conclusions

Brazil is on track to continue developing its space sector throughout the next couple of years thanks to the Brazilian government's policy of modernising the existing regulatory framework for satellite operations and encouraging commercial launch activities.

The regulatory framework for satellite operations is expected to continue evolving to meet industry demands and attract more investments. As for satellite landing rights, one important issue yet to be addressed is the conflict between ANATEL Resolution No. 220 of 2000 and the recent amendments to the Telecommunications Law. Additionally, the discussions concerning the implementation of 5G technology will continue to be relevant in the coming months, and the results will give some perspective on ANATEL's conduct with regard to respecting its existing agreements and ensuring legal certainty in the sector.

Furthermore, Brazil will finally start operating commercial space launch activities, entering the global launch market, which has tremendous growth opportunities in the coming decades. According to an estimate made by the Ministry of Science, Technology and Innovation, Brazil is capable of attracting 1 per cent of the total volume of the global space industry, which corresponds to US$3.6 billion in foreign direct investment. Monitoring the next steps of the AEB's public call will offer significant insights into the future of this industry in Brazil, as well as an indication of how successful the government will be in developing space launch capabilities and attracting foreign direct investment.

Footnotes

Footnotes

1 Francisco Werneck Maranhão is a partner, Guillermo Zuma Hoorn is an associate and Antonio Carlos Almeida Braga is a trainee at Pinheiro Neto Advogados.

2 Decree No. 64,362 of 1969, Decree No. 71,989 of 1973, Decree No. 71,981 of 1973 and Decree No. 5,806 of 2006, respectively.

3 The INPE was created by Decree No. 68,532 of 1971.

4 The AEB was created by Law No. 8,854 of 1994.

5 Before the creation of the AEB in 1994, the PEB reported to the Department of Aerospace Science and Technology, a division of the Brazilian Air Force.

6 Brazil is a Member State of the ITU.

7 The PDFF was created by ANATEL Resolution No. 716 of 2019, in accordance with the terms of Title V, Chapter I of the Telecommunications Law.

8 The World Radiocommunications Conferences are part of the ITU, and their role is to review, and, if necessary, revise the Radio Regulations, the international treaty governing the use of the radio frequency spectrum and the geostationary satellite and non-geostationary satellite orbits.

10 Pursuant to Article 49 of ANATEL Resolution No. 220 of 2000.

12 These certificates should include debts connected with telecommunications-related taxes, such as the FUST and the FUNTTEL, which are levied directly by ANATEL.

13 Pursuant to Chapter V, Section II of ANATEL Resolution No. 220 of 2000.

14 Pursuant to Article 172, Paragraph 2 of the Telecommunications Law.

15 Pursuant to Articles 16, 17 and 59 of ANATEL Resolution No. 220 of 2000.

16 Pursuant to Article 172 of the Telecommunications Law.

17 Pursuant to Article 4 of ANATEL Resolution No. 702 of 2018. The public price is set by ANATEL and must be paid for satellite landing right authorisations, specifically regarding foreign satellites or Brazilian satellites (in the latter case, only when bidding is unfeasible).

18 Pursuant to Chapter IV of ANATEL Resolution No. 220 of 2000.

19 Pursuant to Article 171 of the Telecommunications Law and to Article 10 of ANATEL Resolution No. 220 of 2000.

20 Pursuant to Article 10 of ANATEL Resolution No. 220 of 2000.

21 Pursuant to Article 173 of the Telecommunications Law.

22 ibid., Articles 174 and 175.

23 ibid., Article 19, XXV.

24 The Ministry of Communications was the governmental entity tasked with regulating the telecommunications market in Brazil prior to the creation of ANATEL.

26 The CEA, in fact, has the potential to transform the country into one of the major launching states for commercial satellites and other payloads in the world.

27 Pursuant to Decree No. 64 of 2019.

32 Pursuant to Article 2 of AEB Resolution No. 182 of 2020.

33 ibid., Article 1.

34 ibid., Article 5.

35 ibid., Articles 4 and 8.

36 ibid., Chapter III.

37 ibid., Chapter II.

38 ibid., Chapter IV.

39 Pursuant to Chapter V of AEB Resolution No. 182 of 2020.

40 ibid., Chapter VI.

45 Cooperation Agreement No. 01 of 2020.

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