RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 18, 2018 No. 586

About approval of Rules of provision of access to transport object infrastructure

According to Item 2 parts two of article 5 of the Law of Ukraine "About access to construction objects, transport, power industry for the purpose of development of telecommunication networks" the Cabinet of Ministers of Ukraine decides:

Approve Rules of provision of access to transport object infrastructure which are attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 18, 2018 No. 586

Rules of provision of access to transport object infrastructure

General part

1. These Rules establish general procedure of access to infrastructure of objects of transport, irrespective of pattern of ownership, for placement of technical means of telecommunications and order of interaction of the owner (owner) of infrastructure of object of transport (further - the owner (owner) and the customer of access (further - the customer).

These Rules are developed according to the Air code of Ukraine, the Laws of Ukraine "About access to construction objects, transport, power industry for the purpose of development of telecommunication networks", "About telecommunications", "About transport", "About rail transport" and other acts of the legislation.

2. Action of these Rules extends to the relations between owners (owners) of all patterns of ownership and customers arising during access to transport object infrastructure.

Action of these Rules does not extend to the relations connected with access to:

to telecommunication constructions which are in property of operators, providers of telecommunications, and also in regime secret sites of the transport sphere, objects of civil and military system of air traffic management of Ukraine;

to locomotives, control cabins of motor car trains, special self-propelled railway vehicles and other mobile units, to signals, shooters, devices, mechanisms and other devices which ensure traffic security of trains, and also to rooms from which management of signals and these devices is made.

3. In these Rules terms are used in the value given in the Law of Ukraine "About access to construction objects, transport, power industry for the purpose of development of telecommunication networks" (further - the Law) and the Law of Ukraine "About telecommunications".

Procedure for the address of the customer to the owner (owner) on receipt of access to transport object infrastructure

4. For establishment the customer gives opportunities of access to transport object infrastructure to the owner (owner) request about provision of access to infrastructure (further - request).

5. In request it is specified:

1) full name, identification code or serial number of accounting card of the taxpayer of physical person entrepreneur or series and passport number (for physical persons which because of the religious beliefs refused acceptance of serial number of accounting card of the taxpayer and reported about it to relevant organ of the income and charges and have mark in the passport about the right to make payments on series and passport number) and the location from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming, e-mail, phone numbers;

2) the planned scheme of telecommunication network with indication of placement of technical means of telecommunications on transport object infrastructure facilities, their list and, in the presence, the address of this object.

6. In case of lack of contractual relations copies of constituent documents of the customer are attached to request. The specified documents can be filed in electronic form.

7. In case of not specifying of information in full in request the owner (owner) does not take cognizance of it what reports to the customer within 10 working days about.

8. In case of decision making concerning issue of technical specifications on access the owner (owner) within 15 working days from the date of receipt of request shall:

To send 1) if technically possible the adequate written notice to the customer and to make out the invoice for payment of service in development and issue of technical specifications;

To provide 2) to the customer the admission for implementation of preliminary examination of the corresponding infrastructure of transport object by it according to its written address.

Implementation by the customer of survey of the objects ensuring safety of the state and on which the limited access mode is set is performed according to the procedure, determined for such objects by regulating and administrative documents;

3) to provide to the customer information on potential risks taking into account perspective and strategic plans of development of the company of the owner (owner).

9. According to the address of the customer the owner (owner) shall provide verified copies of documents which confirm its property right or ownerships to the transport objects specified in request.

Terms of development and issue of technical specifications on access to transport object infrastructure elements

10. The customer brings payment for development and issue of technical specifications on access within 15 working days from the date of receipt of the written notice of availability of technical feasibility and the invoice for payment of service in development and issue of technical specifications.

11. In case of not introduction by the customer at the scheduled time of payment for issue of technical specifications on access the decision on issue of technical specifications on access is cancelled by the owner (owner).

12. The owner (owner) in time who is not exceeding 30 calendar days from the date of receipt of payment confirmation of service in development and issue of technical specifications on access represents to the customer:

1) technical specifications on access;

2) the information about persons who have the right on behalf of the owner (owner) to coordinate the project documentation, and about person responsible for bonds with the customer.

13. Technical specifications on access shall contain:

1) input data for development by the customer of the project documentation on access;

2) the list of works which shall be executed for access to transport object infrastructure elements;

3) effective period of technical specifications on access;

4) the available restrictions of access to certain element of infrastructure of object of transport and/or procedure for its operation.

14. Obtaining and accomplishment of technical specifications on access are compulsory provisions of implementation of access to transport infrastructure elements.

15. Technical specifications on access become effective from the date of issue to their customer by the owner (owner).

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