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Ministry of Justice of Ukraine

May 18, 2016

No. 739/28869

THE DECISION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE SPHERE OF COMMUNICATION AND INFORMATIZATION OF UKRAINE

of April 5, 2016 No. 180

About approval of the Procedure for provision by operators, providers of telecommunications of the reporting and information and recognition by NKRSI which voided decisions of 04.11.2008 No. 1189 and of 25.12.2008 No. 1283

According to Articles 18, 39 Laws of Ukraine "About telecommunications" the National commission performing state regulation in the sphere of communication and informatization, RESHILA:

1. Approve enclosed:

Procedure for provision by operators, providers of telecommunications of the reporting and information;

form of the reporting No. 1-K (semi-annual) "About the main indicators of activities of the operator, provider of telecommunications" and the Instruction for its filling;

form of the reporting No. 2-A (annual) "Distribution of technical means of telecommunications behind administrative and territorial units" and Instruction for its filling.

3. In accordance with the established procedure to submit to department of the economic analysis this decision on state registration to the Ministry of Justice of Ukraine.

4. The decision becomes effective from the date of its official publication.

Chairman of NKRSI

A. Zhivotovsky

Approved by the Decision of the National commission performing state regulation in the sphere of communication and informatization of Ukraine of April 5, 2016 No. 180

Procedure for provision by operators, providers of telecommunications of the reporting and information

I. General provisions

1. This Procedure is developed according to the Laws of Ukraine "About telecommunications" and "About information", Regulations on the National commission performing state regulation in the sphere of communication and informatization, the approved Presidential decree of Ukraine of November 23, 2011 No. 1067, the Law of Ukraine "About ratification of the Agreement on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand".

2. This Procedure establishes the procedure of provision of NKRSI by operators, providers of telecommunications of the reporting and information, including such that contains financial and economic indicators of their activities necessary for accomplishment of NKRSI of the powers, including for determination of the markets of certain telecommunication services and carrying out their analysis, monitoring of rates, preparation of analytical materials about condition and development of industry of communication, consideration of addresses of consumers, the analysis of results of the state supervision, etc. in amounts, forms and the terms determined by this Procedure.

3. In this Procedure terms are used in the following values:

active identification telecommunication card - identification telecommunication card (the SIM card, the USIM card, the R-UIM-card) with which within three last months at least one phone call was performed or at least one SMS/MMS (except office) went or with which at least one was fixed (or more) session of Internet access or session of data transmission, or the advance payment of services was made;

request - the requirement of NKRSI stated in writing to provide information in the amounts established by NKRSI and terms;

information - any acyclic data and/or data including containing financial and economic indicators of activities of operators, providers of telecommunications, necessary NKRSI for accomplishment of the powers;

the communication line - part of technical means of telecommunications which create environment of distribution of electromagnetic signals on radio - to wire, optical or other electromagnetic systems between the technical means of telecommunications intended for transfer/acceptance of electromagnetic signals and/or the final equipment;

the line of the fixed telephone communication - the communication line which provides possibility of simultaneous holding only one session of telephone communication for the subscriber.

Other terms which are used in this Procedure are applied in the values given in the Law of Ukraine "About telecommunications" and other regulatory legal acts.

4. Action of this Procedure extends to all operators, providers of the telecommunications performing activities in the sphere of telecommunications in the territory of Ukraine.

5. All operators, providers of telecommunications which are included in the Register of operators, providers of telecommunications gratuitously provide to NKRSI semi-annual and annual accounts in state language in amounts, forms and the terms determined by this Procedure.

If the operator, provider of telecommunications is included in the Register of operators, providers of telecommunications, but actually does not perform activities in the sphere of telecommunications according to specified (specified) in this Register by type (types) of activities, he shall report NKRSI about it the letter in time established for provision of the reporting.

6. The request is provided in writing signed by the Chairman of NKRSI or person authorized by it and contains requirements for amounts and terms of provision of information.

7. Operators, providers of telecommunications by provision of the reporting and information shall specify reliable and objective data about themselves and the activities in the sphere of telecommunications.

8. Analysis results of the reporting provided by operators, providers of telecommunications and information each half a year are posted on the NKRSI official website.

II. Procedure of provision by operators, providers of telecommunications of the reporting and information

1. Operators, providers of telecommunications shall provide to NKRSI the reporting in amounts, forms and the terms determined by this Procedure.

Information on request shall correspond to content of request and be submitted within the terms determined by this Procedure.

2. Operators, providers of telecommunications shall submit the reporting and information of NKRSI within the following terms:

the semi-annual reporting - no later than the last date following the accounting period;

annual accounts - no later than February 20 of the year following for reporting;

information for determination of the markets of certain telecommunication services and carrying out their analysis - in terms, the amounts, forms (as necessary) determined by NKRSI;

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