Renewal of Anatel Homologation

Several telecommunication products are required to have their homologation renewed after determinate periods of time in order to be legally allowed to be commercialised in Brazil.

In this article we will provide an overview of the process for renewing Anatel homologation for telecommunication products.

Products required to have their homologation renewed

As mentioned in our article How to Obtain Anatel Product Homologation, telecommunication products are required to be homologated by the Brazilian Telecommunications Agency, or Anatel, in order to be legally allowed to be utilised or commercialised in Brazil. The country`s regulations also institutes that some product categories must have their homologation renewed if they intend to continue to be commercialised after determinate periods of time, in order to assure their compliance to the national standards for functionality and safety of use.

In more specific terms, telecommunication equipment must have the Certificado de Conformidade, or Portuguese for Certificate of Conformity, renewed periodically. This is the document issued by certification organisations accredited by Anatel, known as OCDs, following laboratory testing procedures.

Most of the telecommunication products homologated by Anatel are provided Certificates of Conformity, with the exception of those included in category III of Anatel’s classification system, which includes certain types of telecommunication cables and components. These products are granted a different type of certification document, known as Declaração de Conformidade, or Portuguese for Declaration of Conformity, which allows them to be commercialised indefinitely if there are no significant changes to the original design.

In summary, the requirements for homologation renewal for each product category are as follows:

• Category I: Homologation must be renewed yearly
• Category II: Homologation must be renewed every two years
• Category III: No requirement for renewal if the product’s original design is not altered

The renewal can happen at any time following the product’s homologation, but it is usually advised to be performed during the six months leading up to the expiration of the Certificado de Conformidade. During this period, the OCD where the product certificate was originally emitted should be contacted in order to start the renewal process. After the expiration of the products homologation, if no contact with the OCDs is made Anatel allows a 180 day period for the renewal to be performed, following which, the original homologation is cancelled and a brand new one must be required.

Description of the Renewal Process

While the homologation for telecommunication products involves multiple steps, such as issuing documents to Anatel and OCDs and having equipment tested at accredited laboratories, the renewal process is significantly more simple. For products that have their original designs unchanged the manufacturers or distributors are required to contact the OCD that issued its Certificado de Conformidadeand issue a declaration from its original manufacturer stating that there are no changes in their components or specifications since the original homologation. This declaration must be written in Portuguese, and it is common practice for foreign product manufacturers to include in the same document the original statement in a foreign language and a sworn translation in Portuguese.

Also required are photos of the interior and exterior of products to be issued along with the statement that the product design is unchanged. Similarly to the case of homologations, Anatel requires the payment of BRL 200 per evaluated product during renewals.

Electricity Compliance Tests

Following updates in national regulations put in force by Anatel in 2004, it has become mandatory for all products that are submitted to laboratory tests for electricity safety during their homologation to have these tests repeated when renewing their Certificado de Conformidade. Most of the telecommunication products that fit this description are those designed for home use and those powered by wall sockets. As in the case for homologations, it is advised that manufacturers and distributors contact OCDs in order to assure that their products need to be retested.

Homologation Renewal Following Design Alterations

Anatel regulations states that alterations in software and hardware may lead to products being required to have their homologation renewed or to be submitted for a brand new homologation. In these cases, it is recommended for manufacturers and distributors to contact OCDs and describe which alterations were performed on the product's design following its original homologation. It is the role of OCDs to determine if these alterations interfere with crucial systems of the product and if a homologation renewal must be performed.

Brazilian regulations also states that Anatel is allowed to collect product samples from retailers and have them tested in order to determine if a product's design remains unaltered after its homologation, and also apply punitive measures to manufacturers and distributors if unannounced alterations were performed.