--Brazil mobile phone operators scramble to assemble investment plans to end ban on sales

--Regulator Anatel banned three operators from selling new lines from Monday because of poor quality

--TIM, hardest hit by the ban, files an injunction in court to prevent the ban from coming into effect

--Shares in telecom firms outperform the broader market after heavy losses Thursday

 
   By Matthew Cowley 
 

SAO PAULO--Mobile phone operators in Brazil scrambled to pull together investment plans to present to the government after providers representing close to 70% of the market were banned from selling new lines due to the poor quality of service, while one company turned to the courts.

TIM Participacoes SA (TSU, TIMP3.BR), Brazil's second-biggest mobile-service provider by market share, said that on Friday it filed an injunction to be able to continue selling new lines on Monday. TIM was hardest hit by the regulator's decision, with the ban extending across 19 states, including Rio de Janeiro state and the Federal District, which encompasses the capital, Brasilia.

Nonetheless, the company said it also is working on the investment plan, which Anatel had requested in order to lift the ban.

A spokesman for Anatel said the regulator wasn't aware of any legal action by TIM.

The operators have 30 days to present their investment plans. They face a fine of 200,000 Brazilian reais per region for every day they are late.

Executives from Oi SA (OIBR, OIBR4.BR), the fourth-biggest provider, met Friday morning with Anatel officials, as they sought to understand the reasons behind the ban. Oi will have to stop selling new lines in five states from Monday; the firm said it has set up a team to prepare an investment plan to be presented to Anatel, and will deliver a draft next week.

Brazil's third-biggest provider, Claro, which faces a ban from selling new lines in three states, was ahead of the pack, saying it had delivered its investment plan to Anatel on Thursday. A spokesman for Anatel said that Claro executives had handed in a preliminary plan, and that there would be another meeting with Claro on Monday.

Brazil's largest mobile phone operator, Telefonica Brasil SA (VIV, VIVT4.BR), wasn't banned from selling new lines, but must nonetheless provide an investment plan to Anatel within 30 days. A spokeswoman for Telefonica Brasil, a unit of Spain's Telefonica SA (TEF, TEF.MC), didn't respond to a request for comment when contacted Friday.

Still, Telefonica hasn't completely escaped the regulator's attention. Anatel on Friday said it must improve its fixed-line service, and provide a mechanism for compensating customers for service interruptions. If it doesn't comply within five months, it faces a fine of 20 million Brazilian reais ($9.9 million).

The mobile phone operators appear to have been caught wrong-footed by the regulator. They all complained that Anatel based its decision using data that weren't ordinarily used to measure quality of service. They all claimed to score highly based on the usual numbers, and that the data Anatel used were somehow misleading or outdated.

"The suspension of sales was based on data and indicators that are different from those that are usually used by Anatel itself to monitor the performance of the network," TIM said in its statement.

Claro said Anatel's criteria "related to specific problems" at one customer service center that covers the states from which it has been banned. It said the problems have already been resolved. And Oi said the data don't reflect "massive" investments and, in the southern state of Rio Grande do Sul in particular, don't "reflect the real situation."

The Anatel spokesman wasn't immediately able to comment on the operators' assertions.

Shares in telecom operators had a better day, in some respects, following the heavy selling Thursday. Shares were broadly lower, but not as much as the iBovespa index, which was down nearly 2% on the day. TIM shares were down 0.7%, while Telefonica Brasil shares were down 1.7%, and shares in Oi were up 0.5%.

New York-traded shares in America Movil were down 0.6%.

"The financial impact per operator is likely to be minor, as we expect each operator to quickly comply," said Dan Kwiatkowski, a strategist at UBS. "But this is very negative publicity...especially for TIM." TIM in particular "needs to invest more to maintain its competitive position," he wrote in a report.

Write to Matthew Cowley at matthew.cowley@dowjones.com

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