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LAW OF UKRAINE

of November 18, 2003 No. 1280-IV

About telecommunications

(as amended on 14-01-2020)

This Law establishes the legal basis of activities in the field of telecommunications.

The law determines powers of the state by management and regulation of the specified activities, and also the rights, obligations and bases of responsibility of the physical persons and legal entities which are taking part in these activities or using telecommunication services.

Chapter I General provisions

Article 1. Determination of the main terms

1. In this Law terms are used in the following value:

the subscriber - the consumer of telecommunication services receiving telecommunication services on terms of the contract who provides connection of the final equipment which is in its property or use to telecommunication network;

license fee - fixed payment which the operator of telecommunications for the subscriber for access on permanent basis to the telecommunication network irrespective of the fact of receipt of services can establish;

subscriber number - set of digital signs for designation (identification) of the final equipment of the subscriber in telecommunication network;

the Internet address - the digital and/or symbolical identifier of domain names determined by the international standards existing on the Internet in hierarchical system of domain names;

address space of the Internet - set of addresses of the Internet;

besprovodovy access to telecommunication network (besprovodovy access) - telecommunication with use of radio technologies in case of which final equipment at least of one of consumers can freely move with preserving unique identification number within the Items of the termination of telecommunication network connected to one switching center;

mutually connection of telecommunication networks - establishment of physical and/or logical connection between different telecommunication networks for the purpose of possibility to consumers directly or indirectly to communicate;

voice telephony - exchange of information by voice in real time with use of telecommunication networks;

data - information in the form suitable for the automated processing by its computer aids;

the domain - part of hierarchical address space of the Internet which has the unique name identifying it is serviced by group of servers of domain names and on a centralized basis administered;

domain. UA - the domain of the top level of hierarchical address space of the Internet created on the basis of coding of country names according to international standards for servicing of address space of the Ukrainian segment of the Internet;

the domain of the second level - the part of address space of the Internet located at the second level of hierarchy of names in this network;

telecommunication - see "telecommunications";

public (universal) telecommunication services - the minimum set of the services of the normalized quality determined by this Law available to all consumers in all territory of Ukraine;

The term is excluded according to the Law of Ukraine of  23.02.2014 No. 767-VII

The Internet - the world information system of general access which is logically connected by global address space and based on the Internet protocol determined by international standards;

information system of general access - set of telecommunication networks and means for accumulating, processing, storage and data transmission;

information security of telecommunication networks - capability of telecommunication networks to provide protection against destruction, misstatement, blocking of information, its unauthorized vytok or against violation of established procedure of its routing;

information - the data presented in the form of signals, signs, sounds, mobile or motionless images or in a different way;

the cable sewerage of telecommunication - the equipment and constructions intended for laying, installation and operational servicing of cables of telecommunications which turn on pipelines (channels of the cable sewerage), institutions and viewing devices in wells, cable cases, mines, collectors, bridges, platforms, tunnels, buildings, and also the room for input of cables and placement of the linear equipment;

the channel of the cable sewerage of telecommunication - separately allocated places in collectors, telecommunication wells, tunnels, aqueducts, overpasses, on bridges, bridge crossings, platforms, pipelines, and also other elevated and underground engineering constructions intended for laying or used for laying of the main, connecting and distribution wire and fiber optic cables of telecommunication, and also placement of the accompanying linear technical means of telecommunications;

the channel of telecommunication - set of the technical means intended for transfer of electric signals between two Items of telecommunication network and which is characterized by strip of frequencies and/or speed of transfer;

final equipment - the equipment intended for connection with Item of the termination of telecommunication network for the purpose of ensuring access to telecommunication services;

The term is excluded according to the Law of Ukraine of 18.09.2019 No. 102-IX;

The term is excluded according to the Law of Ukraine of 18.09.2019 No. 102-IX;

the exclusive (dominating) operator of telecommunications - the operator who according to the legislation of Ukraine holds the exclusive (dominating) market position of certain telecommunication services in the territory of the state or certain region;

The national plan of numbering - the regulatory legal act determining structure, regulating distribution and conditions of use of number resource in telecommunication networks;

number resource - set of the digital signs used for designation (identification) of networks, services, Items of the termination of network in telecommunication networks public;

the operator of telecommunications - subject of managing which has the right to implementation of activities in the field of telecommunications with the right to maintenance and operation of telecommunication networks;

the operator of telecommunications with essential market benefit in the market of services of traffic transmission - the operator of telecommunications whose part of gross income from provision of services of traffic transmission on networks of the fixed or mobile (mobile) communication within the last 12 months exceeds 25 percent from the total gross income of all operators of telecommunications gained from provision of the corresponding services for the specified period on the networks fixed or mobile (mobile) communications for the same period of time;

operator, provider of telecommunications with essential market benefit in the market of telecommunication services - operator, provider of telecommunications whose income share on determined by the national commission performing state regulation in the field of communication and informatization, the market of certain telecommunication services for the year preceding carrying out market research exceeds 25 total percent of the income of all operators, providers of telecommunications received in this market for the same period of time or if as a result of engineering procedure of provision of service to other operator, to provider of telecommunications she can be presented only in network of certain operator, provider of telecommunications;

transferring of subscriber number - telecommunication service which is provided to the subscriber on its statement, consisting in preserving for the subscriber of the subscriber number provided to it by the operator of telecommunications for the purpose of use of this room for receipt of telecommunication services in network of other operator of telecommunications providing telecommunication services in the territory of Ukraine;

personal number - subscriber number which is assigned to the registered subscriber according to its statement according to the procedure the established NKRS, is centralized administered and can be used by this subscriber for obtaining according to the agreement of telecommunication services irrespective of the geographical region of Ukraine and type of these services;

mobile (mobile) communication - telecommunication using radio technologies in case of which final equipment at least of one of consumers can freely move within all Items of the termination of telecommunication network, keeping single unique identification number of the mobile station;

permanency of telecommunication network - property of telecommunication network to keep fully or partially the functions on condition of impact on it the destabilizing factors;

the consumer of telecommunication services (consumer) - legal entity or physical person which needs orders and/or receives telecommunication services for own requirements;

provider of telecommunications - subject of managing which has the right to implementation of activities in the field of telecommunications without the right to maintenance and operation of telecommunication networks and provision in use of channels of telecommunication;

provodovy telecommunication - transfer and acceptance of information using provodovy lines with metal or fiber-optical veins;

traffic transmission - passing of traffic between elements of one or different telecommunication networks;

Item of the termination of telecommunication network - the place of joint (connection) of network of telecommunications and final equipment;

distribution of number resource - allocation of number resource from certain range of numbers for rendering telecommunication services;

settlement dachshund - the amount which determines the amount of payment for access to technical and technology resources of networks of operators of telecommunications (access implementation) for the omission of unit of traffic and is applied to operators, being business entities in the territory of Ukraine;

settlement dachshund for traffic transmission service - the amount of payment for termination or transit of unit of traffic between telecommunication networks of operators;

resources of telecommunication networks - the number of rooms (number resource), quantity and handling capacity of provodovy lines which are available in telecommunication networks with metal veins, optical fibers, radio lines, canals, highways for information transfer, switching stations and nodes, radio-frequency resource;

roaming national - the telecommunication service providing opportunity to subscribers of one operator of telecommunications providing services of mobile (mobile) communication in the territory of Ukraine to receive telecommunication services in telecommunication network of other operator (operators) within Ukraine;

the owner (owner) of the cable sewerage of telecommunication - the subject of housekeeping, in property (ownership) of which there are all infrastructure of the cable sewerage of telecommunication or its separate elements acquired on proper legal basis, intended for ensuring access to telecommunication network public;

telecommunication constructions - buildings, towers, antennas used for the organization of telecommunication;

subjects of the market of telecommunications are operators, providers of telecommunications, consumers of telecommunication services, producers and/or suppliers of technical means of telecommunications;

telecommunications (telecommunication) - transfer, radiation and/or acceptance of signs, signals, the written text, images and sounds or messages of any sort on radio, provodovy, optical or other electromagnetic systems;

telecommunication network - complex of technical means of the telecommunications and constructions intended for routing, switching, transfer and/or acceptance of signs, signals, the written text, images and sounds or messages of any sort on radio, provodovy, optical or other electromagnetic systems between final equipment;

telecommunication network public - telecommunication network, access to which is open for all consumers;

telecommunication network of access - part of telecommunication network between Item of the termination of telecommunication network and the next node (center) of switching inclusive;

telecommunication service (service) - the product of activities of the operator and/or provider of telecommunications directed to satisfaction of needs of consumers in the field of telecommunications;

television networks - the telecommunication networks public intended for transfer of programs of radio - and television, and also other telecommunication and multimedia services can be also integrated with other telecommunication networks public;

termination of traffic - establishment, support of physical and/or logical connection, traffic transmission between telecommunication network from which the challenge arrives or is initiated connection, and the final equipment to which the challenge goes or initiates connection;

technical means of telecommunications - the equipment, station and linear constructions intended for formation of telecommunication networks;

transit of traffic - establishment, support of the operator of physical and/or logical connection by telecommunication network, traffic transmission between two other telecommunication networks;

transportation telecommunication network - the network providing transfer of signs, signals, the written text, images and sounds or messages of any sort between the telecommunication networks of access connected to it;

traffic - set of information signals which are transmitted by means of technical means of operators, providers of telecommunications for certain interval of time, including details of the consumer and/or office information.

traffic transmission service - telecommunication service concerning implementation of termination and/or transit of traffic which is provided by the operator of telecommunications to other operators;

fixed telephony - telecommunications which are performed using stationary (motionless) final equipment.

2. The term "charitable telecommunication message" is used in this Law in the value given in the Law of Ukraine "About charity and charitable organizations.

Article 2. Law purpose

1. The purpose of this Law is ensuring universal rendering telecommunication services of sufficient assortment, amount and quality by limited regulation of the market relations for assistance to effective functioning of the public and fair competitive market. The law determines the principles of consumer protection and control of the market of telecommunications from the state.

Article 3. Purpose of telecommunications

1. The sphere of telecommunications is component of industry of communication of Ukraine.

2. Telecommunications are integral part of production and social infrastructure of Ukraine and are intended for requirements satisfaction of physical persons and legal entities, public authorities in telecommunication services.

Article 4. Legislation on telecommunications

1. The legislation of Ukraine on telecommunications consists of the Constitution of Ukraine, this Law and other regulatory legal acts governing the relations in this sphere.

Article 5. Law coverage

1. Operation of this Law extends to the relations of subjects of the market of telecommunications on rendering and receipt of telecommunication services and use of telecommunication networks public.

2. Operation of this Law does not extend to the telecommunication networks which are not interacting with telecommunication networks public, except for their uses in the conditions of emergency situation, emergency and warlike situation.

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