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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 18, 2018 No. 853

About approval of Rules of provision of access to infrastructure of power generation facility

(as amended on 07-04-2023)

According to Item 3 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 infrastructure of power generation facility which are attached.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 18, 2018 No. 853

Rules of provision of access to infrastructure of power generation facility

General part

1. These Rules establish general procedure of access to infrastructure of power generation facilities, irrespective of pattern of ownership, for placement of technical means of electronic communications and order of interaction of the owner (owner) of infrastructure of power generation facility (further - the owner (owner) and the customer of access to infrastructure of power generation facility (further - the customer).

2. The terms used in these rules have such value:

the owner of technical means of electronic communications - the subject of managing (the operator, the supplier of electronic communication networks and/or services), in property (ownership) of which there are technical means of electronic communications;

electricity transmission aerial lines - electricity transmission aerial lines with bare wires, electricity transmission aerial lines tension of 0,4 of kV with insulated wires, aerial lines of electricity transmission of 6 (10) kV with wires with protective coating.

Other 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 electronic communication networks" (further - the Law) and the Law of Ukraine "About electronic communications".

Procedure for the address of the customer to the owner (owner) on receipt of access to infrastructure of power generation facility

3. For receipt of access to infrastructure of power generation facility the customer submits to the owner (owner) the written application about receipt of access to infrastructure of power generation facility (further - the statement). The statement is registered with assignment to it personal number.

4. Are specified in the statement by the customer:

1) the name (surname, name, middle name), the location (place of registration) and the postal address of the owner of technical means of electronic communications, code according to EGRPOU (for the legal entity), registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and reported about it to the relevant monitoring body 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, number in the register of suppliers of electronic communication networks and/or services, the e-mail address, phone numbers;

2) the name and type of technical means of electronic communications, the approximate scheme of placement of electronic communication networks (trass of passing of electronic communication network and the location of its separate elements) on power generation facility, capacity of the active equipment demanding power supply from power networks, the place of possible installation of such equipment and, in case of availability, the address of such power generation facility;

3) details for the message on provision of the invoice for payment of services in development and issue of specifications on access to elements of infrastructure of power generation facility (further - specifications);

4) date and time of carrying out preliminary examination of infrastructure of power generation facility and method of receipt of information (by mail, the telefax, e-mail) about infrastructure of power generation facility for the purpose of determination of its suitability for placement of technical means of electronic communications (in case of need);

5) at agreement signature stage the customer confers the documents confirming powers of the person, signing the agreement.

5. In case of compliance of information specified in the statement, to requirements of these rules, the owner (owner) within 15 working days from the date of receipt of the statement shall:

report to the customer about date and time of preliminary examination and to provide information on infrastructure of power generation facility (in case of availability of the corresponding request);

in case of availability of technical capability of ensuring access to infrastructure of power generation facility - in writing to report to the customer about technical capability of ensuring access to infrastructure of power generation facility and at the same time to send the invoice for payment of services in development and issue of specifications which is subject to payment within 15 working days from the date of receipt of written information on the decision made by the owner (owner) and the direction of the specified account;

in case of lack of technical capability of ensuring such access in time, not exceeding 15 working days from the date of receipt of the statement, in writing to report to the customer about causes of failure and possible alternative offers on ensuring access to infrastructure of power generation facility.

In reasons for causes of failure in provision of access to infrastructure of power generation facility the owner (owner) shall specify regulations and requirements of regulating documents and these rules for the device and operation of power generation facilities and the networks of electronic communications located on them.

6. The owner (owner) issues specifications within 15 working days from the date of receipt of service fee on their development and issue.

7. In case of lack of technical capability of ensuring access to infrastructure of power generation facility to all route of passing of electronic communication network and all locations of its separate elements the alternative offer on ensuring access is ensuring access to part of the route and/or its separate elements.

If the customer agreed with the alternative offer, he submits to the owner (owner) the new application not later than within 15 working days from the date of receipt of the alternative offer.

In case of availability of the bases for refusal in issue of specifications the owner (owner) not later than within 15 working days from the date of receipt of the new statement in writing reports to the customer about refusal.

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