On December 23, 2025, the Brazilian Telecommunications Agency (“ANATEL”) launched Public Consultation No. 48/2025, through which it submits for public comment a proposal to establish the Technical Requirements and the Operational Procedure for the Conformity Assessment of Data Centers that integrate telecommunications networks. ANATEL will receive contributions and comments until March 3, 2026, via the electronic form available on the Participa Anatel platform.
The proposal under discussion forms part of the regulatory framework introduced by Resolution No. 780/2025, which amended the Regulation on Conformity Assessment and Homologation of Telecommunications Products, approved by Resolution No. 715/2019. Among other measures, the amendments provide that Data Centers integrating telecommunications networks shall be subject to conformity assessment and homologation by ANATEL. Resolution No. 715/2019, as amended by Resolution No. 780/2025, establishes that ANATEL must publish the operational procedure containing the rules for the conformity assessment of such Data Centers by March 31, 2026.
According to the draft Administrative Act submitted to public consultation, ANATEL intends for the conformity assessment and homologation rules to apply to Data Centers integrated into telecommunications networks that perform the following functions:
- Hosting computing systems that form part of the functional core of telecommunications services of collective interest and are essential for service continuity;
- Storing data necessary for the operation and use of telecommunications services of collective interest; or
- Performing network functions that support telecommunications services of collective interest and that process data related to such services and their users.
The proposal expressly excludes from its scope infrastructures used exclusively for the execution of signal transduction, distribution, or physical interconnection functions, including, among others, points of presence (PoPs), radio base stations, and their controlling equipment.
In this context, the proposal defines a “Data Center Integrating Telecommunications Networks (“DCTC”)” as a “structure, or group of structures, dedicated to the centralized accommodation, interconnection, and operation of information technology equipment and telecommunications networks, capable of providing data storage, processing, and transport services, together with all energy distribution and environmental control facilities and infrastructures, as well as the necessary levels of recovery and security required to ensure the availability of telecommunications services of collective interest.”.
Furthermore, the draft Act identifies the “DCTC Operator” as the legal entity requesting homologation, which may be: (i) a telecommunications service provider that implements and operates its own Data Center; and/or (ii) a supplier, provider, or administrator of Data Center infrastructure, whether physical or logical, whose facilities may be used by service providers to support functionalities essential to the continuity and operation of telecommunications services.
Among other aspects, the proposal sets forth the technical requirements to be observed by DCTCs for the purposes of conformity assessment, as well as the documents to be prepared by the Operator, such as: (i) a Descriptive Report consolidating essential project information; and (ii) a Risk Analysis Policy outlining the processes for identifying, assessing, treating, and monitoring risks that may affect DCTC operations. The proposal also establishes rules for audits to be conducted by System Assessment Bodies (“OAS”) accredited by ANATEL for the conformity assessment of DCTCs.
Under the proposal, the Technical Requirements and the Operational Procedure will enter into force only one year after their publication, allowing stakeholders time to implement the necessary adjustments to their operations. In addition, the draft Act provides that, until federal public policies concerning best environmental practices, sustainability, and energy efficiency applicable to Data Centers integrated into telecommunications networks are established, ANATEL’s respective technical requirements will apply.
The opening of Public Consultation No. 48/2025 represents a significant and strategic opportunity for stakeholders to provide direct input into the development of new regulatory requirements, as well as to assess potential impacts on their operating models, infrastructure investments, and future compliance obligations.
This matter is monitored by the multidisciplinary and specialized Public Law and Regulation and Data Centers teams at Lefosse. For further clarification regarding any aspect of this subject, or any related matters, please contact our professionals.
