THE Anatel this week published its 2018 annual report and revealed that, of the fines imposed by the agency, only 12% of the amount was collected, totaling R $ 828 million. Meanwhile, there is a volume in excess of R $ 6 billion that operators still have to pay: most of this has either been suspended by court decision, or is on the federal government’s default list.
Since 1997, when it was created, Anatel has applied approximately 63 thousand fines equivalent to R $ 6.9 billion. Of these, almost 19 thousand have not yet been collected, representing R $ 6.1 billion – or 88% of the total financial volume.
Of this amount, R $ 2.2 billion are suspended in court, that is, they are awaiting a decision by the courts; and R $ 3.7 billion follow in the Cadin (Informative Register of Unpaid Credits of the Federal Public Sector) for collection. The agency does not mention operators that have this type of debt.
Anatel “has adopted the necessary collection measures”
If the debtor does not pay the fine to Anatel within 75 days, it is registered with Cadin and the amount is recorded as Active Debt for “filing for tax enforcement” – that is, to demand payment in court.
Anatel explains that, by not paying the fine, the operator may be prevented from licensing new base stations, participating in tenders and entering into contracts with the agency, which should serve as a stimulus to pay off debts.
Almost 42 thousand fines have been collected in full since 1997, totaling R $ 822 million; and 2,300 fines were partially collected, an amount of just R $ 5.9 million.
Anatel’s calculations take into account only the “constituted fines”, that is, the punishments that have already gone through all the procedures within the agency and that do not admit any other appeal, as the administrative process has already been closed. However, the decision can be questioned in court, waiting years for a decision.
In 2018, Anatel issued R $ 1.156 billion in fines, the highest value in the last five years. The agency raised R $ 140.9 million, or 12% of the total.