the future of the basis in the Neutro Chip order will be analyzed
Anatel’s executive supervisor, Abraão Balbino, disputed the criticism received by the agency for granting the so-called “neutral warning chip” given to the group company Base Serviços. The regulatory body issued the order so that the company could offer its services to the states where it won the bids, however, by forcing mobile operators to transfer the electrical profile (chip connection) to a company that sells mobile connections without a license. According to Balbinos, operators passing an electric profile does not mean that the regulatory body gives approval to the business model of the winner of public announcements.
“When Anatel issues an order, it is not approving the business model. She’s saying it there periculum in mora (from the Latin danger of delay) and fumus boni (property mark), in relation to that specific request for access to the electrical profile. Anatel did not say whether it can operate, whether it is a resale, whether it can be an MVNO or any other manifestation of the regulatory compliance of the specific business model”, he detailed.
During the Abrint 2023 national meeting this Thursday, the 23rd, Balbino also explained that the topics are separate: “There are two debates, the competition one and the regulatory one. In due course, Anatel will issue a statement to everyone. But we cannot limit free enterprise. We cannot buy into narratives that are often presented to favor A or B. I am not saying who is right and who is wrong. But these issues should be kept separate,” he added.
understand
In January of this year, Base Serviços claimed that it would be prevented from participating in tenders for the provision of mobile broadband services to the departments of education in the states of Amazonas and Alagoas. The reason would be the difficulty in negotiating electrical profiles, a programming code embedded in the neutral chip that allows access to the operators’ platforms. The company also claimed to be a service provider.
On the other hand, mobile operators are contesting the bids, as Bazë Serviços does not have a license from Anatel to provide mobile phone service. Only companies with a Personal Mobile Service (SMP) license can do this. Basic Serviços, for its part, argues that it does not use mobile phones, but that it would sell a value-added service (SVA) through the mobile network.
Until the beginning of May, the operators had not implemented the order.
It is worth noting that, in 2022, Base Serviços was selected by RNP as an integrator of Chip Neutro that would allocate eSIM with 4G to 700,000 teachers and students in the public network.
The details
Albino emphasized that the analysis of whether the model applied by Base is a telecommunications service or a VAS is not a simple exercise, since being or not a resale is part of three principles:
- Who is the user?
- By whom?
- Who owns the contract?
Therefore, it will only be resale (or simply no resale) depending on the contracts made and signed with the end users: “Then we will analyze who is the user and who is the service provider,” he said.
Balbino also stated that the process from which Anatel’s order began will answer all these questions, but it will depend on how the action will go and how the agency’s board will appear. At the same time, the watchdog explained that operators can present another process to start the discussion of whether or not it is telecom. But so far, no company has filed a representation.
