The existence of three different laws regarding similar issues – Cable TV Law, Telecommunications Law and Radio Law – often leads the National Agency for Telecommunication (Anatel) to take discrepant decisions, once its role is to stick to the contracts. Thus, it is vital to create a convergent law for the whole sector. That was the conclusion technicians came to during a public audience on Wednesday (25) by the Committee on Science, Technology, Innovation, Communication and Computing (CCT).

- There are three laws and all of them will end up converging. There must be a regulatory benchmark for that. Anatel must follow the rules and we, senators and deputies, will have to figure out a way to comprise all sectors – observed CCT president, senator Wellington Salgado (PMDB-MG).

Anatel president, Plínio de Aguiar Júnior, stressed that different laws can result in decisions by Anatel that may be regarded as unfair. He pointed out there is no double standard in the organism.

In the meeting, Pedro Ziller, Anatel councilor and rapporteur in the concession for provision of cable TV services by the Telefonica Group, explained that, in this case, as the company was authorized to provide DTH satellite services, it was ruled by the law on telecommunication services, so called DTH law (Lei 9472/97). As for the case of Telemar Group, that was prevented from purchasing Way TV, the decision was based on the law on cable TV, the Cable Law (Lei 8977/95). This acquisition, explained Aguiar, is prohibited by Cable Law, as Telemar holding would also control Way TV by companies crossing.

- If Telemar intends to broadcast a DTH channel, it also has the right to do so – affirmed Ziller.

Plínio de Aguiar also highlighted that, although it was not provided by the law, Telefonica was obliged, by contract, to broadcast channels as TV Senado, TV Câmara and TV Justiça, as well as an educational channel, to the whole country. The group will also provide one thousand reception kits, with antennas and televisions that are to be distributed by the Education Ministry to schools all over Brazil.