Anatel gives bomb in precatory on 5G – 04/28/2023 – Panel SA

Anatel (National Telecommunications Agency) rejected a request from Winity II Telecom, an operator controlled by the asset manager Pátria Investimentos, to pay part of the 5G auction with precatorios (debt bonds of the Union with final court judgments).

The company submitted a request to settle R$ 69 million of its grant with the papers, but the agency rejected it due to alleged lack of documents.

The information is contained in a letter sent to the National Treasury, which, accepting this type of transaction as a new rule of the game, required the various administrative bodies to report any requests to estimate revenues.

Anatel says that the company must present a new application, which, for now, has not occurred.

Constitutional amendments approved in 2021 allowed the use of precatories as currency in some cases, such as the payment of grants in public concessions and the purchase of Union real estate. The objective was to reduce the stock of government debt, which grows like a snowball from year to year.

However, the issue turned into an imbroglio. Although the devices added to the Constitution are self-applicable (according to the Magna Carta), the AGU (Attorney General of the Union) created a working group to study the procedures of the public administration when receiving this type of request.

In practice, the matter was suspended in several federal agencies. They can receive requests, but remain awaiting guidelines to process them.

Winity bid BRL 1.427 billion for lot 1 of 5G, in the 700 MHz band (megahertz), to operate throughout the national territory.

The company will be an infrastructure provider. Its objective is to sell mobile connectivity to other operators that will serve end users.

With Diego Felix

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