6 GHz Band Auction: Anatel launches public consultation on the tender and on new spectrum, coverage, and edge data center obligations

The 6 GHz band is strategic for the expansion of 5G and for preparing the country for 6G. The public consultation introduces unprecedented commitments to regional digital infrastructure and is open for contributions until October 23, 2026.

The National Telecommunications Agency (“Anatel“) has submitted for public consultation the draft Tender Notice for the authorization to use radio frequencies in the 6,425 MHz to 7,125 MHz sub-band (the “6 GHz Band Tender Notice”). The initiative is part of item No. 29 of the Regulatory Agenda for the 2025–2026 biennium and fulfills a determination by the Board of Directors to make the band available, in light of its strategic character for 5G and for future generations of the Personal Mobile Service (“SMP”). In practice, this is an important step toward the expansion of mobile networks in the country.

Public Consultation No. 37/2026 was approved by means of Ruling (Acórdão) No. 237, of September 3, 2026, with the aim of meeting the growing demand for mobile network capacity, driven by the expansion of 5G and by the expectation of new, extremely high data-consumption applications. The 6 GHz band is internationally identified for IMT (International Mobile Telecommunications) systems and is considered strategic because it offers 700 MHz of contiguous spectrum — a broad volume that makes it possible to transmit more data simultaneously, with greater use of the signal and fewer resources wasted on network control processes.

According to studies by the International Telecommunication Union (“ITU“) and by the 3GPP, the next generation of mobile systems (6G) will require significantly wider channels than those used today in 5G, especially in the mid-bands. Thus, by making this band available, Anatel intends not only to expand the current capacity of the networks, but also to prepare the Brazilian regulatory environment for the 6G ecosystem.

Among the main points of the 6 GHz Band Tender Notice, the following stand out:

  • Structure of blocks and lots. Anatel has proposed a division into four blocks: three of 200 MHz (two national and one regional) and one regional lot of 100 MHz, totaling 14 lots distributed across 7 service-provision areas. This configuration was designed to optimize the use of the spectrum, facilitate carrier aggregation by the operators, and prepare the infrastructure for the future 6G.

  • Spectrum cap. To prevent excessive concentration of spectrum and to promote competition in the market, each bidder, together with its controlled, controlling, or affiliated companies, may acquire only one lot per geographic area. The authorizations will have a term of 20 years, with the possibility of renewal upon payment, in accordance with the regulations in force at the time of expiration.

  • Backhaul and coverage commitments. The 6 GHz Band Tender Notice establishes commitments to build fiber-optic transmission networks (backhaul) and to provide voice and data coverage via SMP. The schedule provides for a five-year period, beginning in December 2029 and concluding by December 2033, following progressive annual targets of 20%.
  • The minimum capacity of the fiber networks will be 1 Gbps for municipalities with fewer than 20,000 inhabitants and 10 Gbps for larger municipalities. Service must prioritize the localities currently served exclusively by Oi, on account of remaining obligations under the former STFC concession regime, which are at risk of being left unserved after the expiration of those obligations in 2028.

  • Regional Digital Infrastructure Commitment. One of the main innovations of the 6 GHz Band Tender Notice is the provision for the deployment, in the North, Northeast, and Center-West Regions, of Neutral Regional Hubs (regional data centers) and Edge Nodes (edge data centers), operated under an open-access, non-discriminatory, and equal-treatment regime. The objective is to reduce the current concentration of processing and interconnection infrastructure in the Southeast axis.
  • The execution of the projects will be conditioned upon a prior supply mapping, an additionality test to verify whether equivalent infrastructure does not already exist, and financing limited to the viability deficit of each project. The selection of localities will follow a Locational Priority Index, with recovery of any surpluses. A Regional Digital Infrastructure Administering Entity will be responsible for execution, under the supervision of Anatel and of a multisectoral Strategic Group composed of representatives of the government, academia, and the private sector.

  • Rationale and distributive purpose. The regional digital infrastructure commitment is justified by the need to reduce regional inequalities in the country, considering that processing and interconnection infrastructure today is concentrated in the Southeast axis and at the coastal landing points of submarine cables.
  • As to the challenges of spectral coexistence among mobile systems, restricted-radiation equipment, and systems already existing in the band, the Agency’s understanding is that these aspects are adequately addressed by binding technical requirements, licensing conditions, coordination zones, and progressive migration (refarming) of the incumbent systems, such that no autonomous tender commitment is necessary for this purpose.

  • ESG commitments. The 6 GHz Band Tender Notice provides for the inclusion of environmental, social, and governance (ESG) obligations to be implemented annually by the winning companies for as long as the radio-frequency use authorization remains in effect. The required practices include (i) responsible environmental actions, (ii) social inclusion practices, and (iii) corporate governance principles, including compliance, transparency, and risk-management instruments. By March 31 of each year, the winning companies must submit to Anatel a report detailing the actions and measures implemented in the previous year.


Contributions to Public Consultation No. 37/2026 may be submitted through the Participa Anatel platform until October 23, 2026.

This newsletter provides information about legal developments in Brazil to clients and members of Cescon, Barrieu, Flesch & Barreto Advogados. The content included herein is not meant to provide legal advice with respect to any specific matter. We do not undertake to update, supplement or modify the information contained herein.

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