Anatel and CVM, the securities regulator, have agreed to exchange information on the public companies governed by telecommunications law. They will sign the agreement in the next few days, undertaking to conduct joint studies and maintain contacts to ensure that their respective decisions are compatible and avoid contradictory repercussions for the companies they regulate. They may also form combined teams and working groups. The information exchanged will include evidence relating to alleged violations of corporation and telecoms law or irregularities in the securities markets.
The first case of Anatel-CVM collaboration could be the proposed transfer of TIW?s stake in Telemig and Amazônia Celular to Highlake International Business, controlled by Opportunity Fund and CVC Opportunity Private Equity L.P. At the time TIW sold its stake Telemig Celular and Amazônia Celular announced that Opportunity Fund was a shareholder in both telcos. CVM says that doesn?t match the articles of incorporation in its files. Anatel will now decide whether there has been an illegal transfer of ownership.
Furthermore, CVM is investigating allegations that Opportunity Fund has shareholders who reside in Brazil, infringing the Annex IV rules in force until the end of 1999. CVC L.P. and Opportunity Fund are members of the block of controlling shareholders in Brasil Telecom, an incumbent local exchange carrier and holder of wireless licenses.