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On November 2018, the Federal Institute of Telecommunications ("IFT") issued in the Federal Official Gazette, the Annual Program for the Use and Exploitation of Frequency Bands 2019 (hereinafter "the Program").

The criteria used for the construction of the Program involves: the number of applications, categories, modalities of use and geographical coverage, as well as promoting the efficient exploitation of the radio electric spectrum, the benefit of the end user, the development of competition, diversity and introduction of new telecommunications and broadcasting services; the promotion of the convergence of networks and services to achieve efficiency in the use of infrastructure and innovation in the development of applications.

The purpose of the Program is to determine the frequency bands of spectrum that will be subject to bidding process (public tender) or direct allocation resulting from requests for 2019 concessions for social or public use, as well as to determine the deadlines in which they will be made.

For the telecommunication sector, the IFT will tender spectrum in the frequency bands 1755-1760/2155-2160 MHz and 2500-2530/2620-2650 MHz for wireless access services (mobile telephony and internet access). With regard to spectrum for social use the band 824-849/869-894 MHz will be assigned for mobile communication.

The frequency bands of specific spectrum are classified according to their category. There will be national and state frequencies. A total of 41 commercial radio stations will be auctioned, of which 39 in Modulated Frequency (FM) and two in Modulated Amplitude (AM). Likewise, 31 radio frequencies and 11 television channels will be directly assigned for social and public use.

There will be 39 radio stations for commercial use in FM and 2 AM frequencies 21 FM radio frequencies and 3 AM radio stations will be assigned for social use concessions. The state exclusive frequency is also considered for community and indigenous radio broadcasting stations on the FM 106-108 MHz and AM 1605-1705 kHz frequencies.

The submission of Frequency Band concession requests to provide telecommunications services for public, private and social use, including Frequency Bands not foreseen in the 2019 Program, are not subject to a specific time frame, therefore, they can be submitted by the interested parties on any business day, according to the work schedule of the IFT.

The deadlines for the submission of concession requests established in the Annual Use of Frequencies Band 2018 will continue to take effect, and the public bidding processes established in annual Programs of use and exploitation of previous frequency bands will continue their course, with independence of the provisions of this 2019 Program.

In addition to the bands intended for commercial use of the telecommunications services, the IFT may include frequency bands reverted to the State as a result of administrative procedures currently in process, on which application for inclusion has been received for the 2019 Program.

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