Standard redefines responsibilities and costs between energy distributors and telecommunications companies; differences in relation to Anatel’s text require a new round of negotiation
The (National Electric Energy Agency) approved this Tuesday (Dec 2, 2025) a new version of the regulation for the sharing of poles between energy distributors and telecommunications companies. The board unanimously accepted the understanding presented in the vote by , which changed central points of the proposal approved by the (National Telecommunications Agency) in 2023. Here is the (PDF – 1 mB).
As there are relevant differences between the versions, the two agencies will have to negotiate the joint text again. The main point of divergence continues to be the transfer of commercial exploitation of the spaces on the poles. Anatel argues that the assignment is always mandatory when there is interest from a third party company, the so-called “posteiro”. Aneel has now removed the obligation.
“I propose the prerogative for distributors to opt for assignment, with the possibility for agencies to determine assignment in cases of poor performance by distributors in providing sharing activities or when it is understood that this option is necessary to serve the public interest”said Agnes in the vote..
According to the approved rule, the energy distributor will be able to directly exploit the fixing points or transfer them to a third party.
The assignment will only be imposed if the electricity company withdraws from management, if poor quality of service is found or if there is justification in the public interest.
The postman may be from the same economic group as the distributor, but may not have links with telecommunications companies.
PRICE AND DIVISION BETWEEN OPERATORS
While a new calculation methodology is not defined, the value of R$ 5.84 per point, updated by the (Broad National Consumer Price Index), remains as a reference.
If the distributor manages the poles itself, the price will be divided equally between the operators that occupy the point. In the case of exploitation by a third party, each company may be charged the full amount. This condition, according to Aneel, creates “economic attractiveness” for the postman.
Aneel rejected the telecommunications companies’ request to suspend low tariffs, a mechanism by which part of the revenue obtained from poles reduces the value of electricity bills. For director Agnes, removing this rule would be completely at odds with the National Pole Sharing Policy – Legal Post, established by the two Ministries”.
REGULARIZATION
The plan to regularize the poles remains planned. Aneel estimates that 10 million to 15 million poles are in critical condition. Distributors will have to draw up a Priority Pole Regularization Plan, limited to a maximum of 3% of the park per year.
Telecoms will have 120 days to indicate all the fixing points they use, which will allow them to identify and remove irregular cables.
The removal of idle cables will be the responsibility of the operators, while the removal of unidentified networks will be the responsibility of the distributor or the postman.
NEXT STEPS AND IMPASE
Distributors will have 90 days, after final approval of the joint regulation, to inform whether they wish to directly exploit the poles or transfer the operation to a third party.
As the agreement still depends on Anatel. a new legal impasse should delay the definition. The Specialized Federal Prosecutor’s Office of the telecom agency understands that the assignment must be compulsory, while Aneel maintains that this can only occur with motivation, such as poor service provision. A final position was requested from the (Federal Attorney General’s Office), from the (Advocacy General of the Union).
At the same time, since December 1st, Anatel started to require all broadband companies to inform their infrastructure sharing contracts. According to the agency, the measure seeks to create a “positive record” of regular providers in the occupation of poles. The deadline for submitting data is March 2026.
