THE DECISION OF THE NATIONAL COMMISSION OF UKRAINE CONCERNING COMMUNICATION REGULATION

of August 12, 2005 No. 46

About approval of the Regulations on provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means

List of amending documents

Based on the Law of Ukraine "About radio-frequency resource of Ukraine", the National commission on questions of regulation of radio communication of Ukraine SOLVED:

1. Approve Regulations on provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means.

2. In accordance with the established procedure to provide provision of this decision on registration in the Ministry of Justice of Ukraine.

3. Control over the implementation of this decision to assign to the member of the National commission on questions of regulation of communication Oliynyk V. F.

 

Approved by the Decision of the National commission on questions of regulation of communication of Ukraine on August 12, 2005 No. 46

Regulations on provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means

1. General provisions

1.1 This Provision is developed according to the Law of Ukraine "About radio-frequency resource of Ukraine" (further - the Law) and determines:

procedure for provision of the conclusions of rather electromagnetic compatibility (further - EMS) radio-electronic means (further - RES);

procedure for provision of permissions to operate RES.

1.2. This Provision extends to all subjects of managing and physical persons who plan to perform operation or operate RES.

1.3. The conclusion relatively EMS of RES which provides the Ukrainian state center of radio frequencies (further - UGTsR) grants the right to establishment, installation of specific RES with certain conditions of use of radio-frequency resource of Ukraine (further - RChR).

1.4. Operation of RES is performed based on permissions to operate.

1.5. The conclusion relatively EMS gets RES of broadcasting and the permission to operate RES of broadcasting:

1.5.1. On RES analog radio TV or broadcastings:

the teleradio organization which is owner (owner) or the lessee of RES of broadcasting and has the license for broadcasting of National council of Ukraine concerning television and broadcasting;

the subject of housekeeping who is owner (owner) or the lessee of RES of broadcasting and plans its operation based on the contract with the teleradio organization concerning distribution by it of TV schedules or broadcasting.

1.5.2. On RES of broadcasting of radio multichannel television network - the operator of telecommunications (the operator of multichannel television network) who is owner (owner) or the lessee of RES of broadcasting.

1.6. The services and works connected with preparation and issue of the conclusions relatively EMS RES participation in reception testing, preparation and issue of permissions to operate RES according to article 16 of the Law are carried out by UGTsR and its regional branches (further - Branch) on a contract basis.

2. Terms and their determination

In this Procedure the terms below are used in such value:

the conclusion of rather electromagnetic compatibility (daleezaklyucheniye relatively EMS RES) - the technical conclusion concerning possibility of application of specific radio-electronic means in certain conditions of electromagnetic situation;

the permission to operate of radio-electronic means (further the permission to operate) - the document certifying the right of the owner of specific radio-electronic means to its operation during certain term in certain conditions;

radio-electronic means of stationary arrangement - RES which is placed in the fixed Item with specific permanent geographical coordinates;

Broadcasting RES - the radio-electronic means intended for peredavayemost of radio signals of television and broadcasting.

telecommunication service with use РЧРтелекоммуникационная service for which implementation the operator of telecommunications uses radio-frequency resource of Ukraine which termination of use makes impossible provision of this telecommunication service;

technological users of RChR - legal entities or physical persons which use radio-frequency resource without provision of telecommunication services;

Terms "broadcast channel", "broadcast channel of multichannel television network", "operator of multichannel television network", "provider of program service", "teleradio organization", are used in the values given in the Law of Ukraine "About television and broadcasting".

3. Procedure for provision of the conclusions relatively EMS RES

3.1. The subject of managing or physical person (daleezayavitel) who intends to operate RES, personally, through the body authorized by it or person or the registered mail with the description of investment addresses to Branch of the respective administrative-territorial region in which operation of RES is planned, with the statement for issue of the conclusion relatively EMS (appendices 1-8) with set of the documents (in duplicate) determined by article 41 of the Law (further - requisitioning instruments).

If operation of RES (radio network) is planned in several administrative regions, in the city of Kiev or Kiev region, requisitioning instruments go directly to UGTsR.

3.2. To the statement for issue of the conclusion relatively EMS TV and radio broadcasting RES (appendices 5-8) representation of National council of Ukraine concerning television and broadcasting is in addition applied.

3.3. Radio technologies in statements for provision of the conclusion relatively EMS are determined by RES according to the Plan of use of radio-frequency resource of Ukraine.

3.4. The filed requisitioning instruments are registered, checked for compliance to the established forms, on completeness and correctness of their registration and are created in separate case.

3.5. The requisitioning instruments processed with violation of the established requirements or with incomplete set of documents are not considered what in week time of registration date of the statement the Applicant is informed in writing with indication of the corresponding bases on.

In case of elimination of the reasons which were the basis for decision about leaving of the statement without consideration the Applicant can repeatedly file requisitioning instruments.

3.6. UGTsR carries out calculations EMS by RES, in case of potrebnostisoglasovaniye and the international coordination and provides the conclusion relatively EMS to RES on the basis:

checks of completeness and correctness of execution of the statement;

examinations of documents regarding determination of basic possibility of use of the declared frequencies;

determinations of compliance of radio frequencies and radio technology which are declared to the plan of use of radio-frequency resource of Ukraine, the list of radio technologies which are used in Ukraine, and to the list perspective for implementation in Ukraine of radio technologies;

checks of compliance of the declared RES types to conditions of their application in the territory of Ukraine;

calculations (examination) EMS for RES with the declared technical characteristics;

results of approvals and international coordination.

3.7. UGTsR when carrying out calculations EMS are considered by RES:

the existing and planned frequency assignments of Ukraine;

load of strips of radio frequencies, electromagnetic situation and availability of necessary radio-frequency resource in the specific region and Item where operation of RES, and also, in case of requirement, results of radio monitoring is planned;

the frequency assignments entered in the Help International Register of frequencies of International union of telecommunication (further - MSE), silt the corresponding frequency plans;

the international obligations assumed by Administration of communication and radio frequencies of Ukraine within MSE, the European conference of administrations of mails and telecommunications (further - SERT), bilateral or multilateral agreements with administrations of communication of other states;

recommendations of MSE, SERT, protective criteria, providing conditions EMS RES of different function;

the existing restrictions for use of separate strips of radio frequencies.

3.8. By preparation of the decision on provision of the conclusion relatively EMS RES is determined need of carrying out natural (test) testing concerning providing EMS with RES of other users about what EMS is specified in special conditions of the conclusion relatively to RES. Natural (test) testing are carried out by the Applicant with the assistance of representatives of UGTsR (Branches) and other users of RChR (in case of requirement).

3.9. During study of requisitioning instruments UGTsR, in limits of the competence, EMS of RES with the corresponding prolongation of term of preparation of the conclusions in the consent of the Applicant can make requests for obtaining from the Applicant of the specified conclusions drawn concerning preparation relatively.

3.10. In 30-days time of registration date of the statement of UGTsR EMS of RES shall draw up the conclusion relatively (appendix 9), to send to the Applicant the message and the invoice for payment of work on preparation and issue of the conclusions relatively EMS RES or to provide refusal with indication of the bases. In case of need the term of provision of the conclusion shall not exceed approvals of the General Staff of the Armed Forces of Ukraine 80 days.

In case of need the international coordination the term of preparation of the conclusions is prolonged for the period determined by Regulations of radio communication of MSE or the corresponding international agreements.

Concerning need of approval of the General Staff of the Armed Forces of Ukraine and/or the international coordination of UGTsR within a week of date of emergence of the bases in writing informs the Applicant.

3.11. The conclusion relatively EMS is drawn up by RES on the form which sample is given to appendix 10. Forms of the conclusions are the protected documents of the strict reporting and UGTsR at the expense of own self-supporting means are made.

3.12. In three-day time after provision by the Applicant of confirmation about payment of account UGTsR or its Branch issue to the Applicant the conclusion which is drawn up in an established way relatively EMS RES.

The conclusion relatively EMS of RES signed by the deputy chief of UGTsR the Applicant receives applications in place of registration.

3.13. The refusal in provision of the conclusion relatively EMS is provided by RES to the Applicant in case:

1) failures to carry out of conditions EMS with acting or earlier planned by RES on the declared radio frequencies, in the specified location of RES;

2) negative results of approval by the General Staff of the Armed Forces of Ukraine;

3) negative results of the international coordination.

Within a week from decision date in provision of the conclusion relatively EMS RES UGTsR in writing, with indication of the refusal bases, informs the Applicant on refusal.

3.14. The conclusion relatively EMS is provided by RES to UGTsR on each separate RES of stationary arrangement which parameters need calculations EMS and approvals.

3.15. The applicant has the right by the written request to obtain official information on condition of works on consideration of requisitioning instruments from UGTsR.

4. Procedure for issue of permissions to operate RES

4.1. For receipt of the permission to operate RES, and also for prolongation of action of permissions to operate RES, their renewal, issue of duplicates the Applicant who intends to operate RES, personally, through the body authorized by it or person or the registered mail with the description of investment, addresses to Branch of the respective administrative-territorial region in which operation of RES, with the statement for issue of the permission to operate RES in the forms given in appendices 11-18, and with the documents determined by article 42 of the Law (in duplicate) is planned.

If operation of RES (radio network) is planned in several regions, in the city of Kiev or Kiev region requisitioning instruments go directly to UGTsR.

In case of carrying out natural (test) testing concerning providing EMS with RES of other users, is enclosed to the application the protocol of natural (test) testing.

4.2. Persons specified in Item 1.5 of the Section of 1 this provision file petition for issue of the permission to operate RES of broadcasting.

4.3. For RES analog radio TV or broadcastings to the statement (appendices 15, of 16) the copy of the license for broadcasting is attached.

For RES of broadcasting of radio multichannel television network to the statement (appendices 17, of 18) representation of National council of Ukraine concerning television and broadcasting is applied;

4.4. The filed requisitioning instruments are registered, checked for compliance to the established forms, on completeness and correctness of their registration and are created in separate case.

4.5. The requisitioning instruments processed with violation of the established requirements or with incomplete set of documents are left without consideration what in week time of registration date of the statement the Applicant is informed in writing with indication of the corresponding bases on.

In case of elimination of the reasons which were the basis for decision about leaving of the statement without consideration the Applicant can repeatedly file requisitioning instruments.

4.6. In case of detection of discrepancy of technical characteristics of RES specified in requisitioning instruments, the conclusion relatively EMS to RES which require carrying out new calculations EMS of approvals and coordination, the application within a week of registration date is returned to the Applicant for execution of the new statement for receipt of the conclusion relatively EMS by RES according to the Section 3 this provision or renewals of the statement for issue of the permission to operate.

4.7. After completion of installation (installation) of RES UGTsR in the procedure established by NKRS together with the Applicant EMS of RES performs check of compliance of technical characteristics of RES to the conclusion relatively, draws up the Statement of primary engineering supervision of RES which is the basis for decision making concerning possibility of provision of the permission to operate.

4.8. In the terms determined by the Law for consideration of the applications on issue of the permission to operate RES, and also prolongation of action, renewal, issue of the duplicate of the permission to operate RES, UGTsR shall draw up the permission to operate RES (appendix 19), to send to the Applicant the message and the invoice for payment for work on preparation and execution of the permission to operate RES.

Forms of permissions to operate RES are the protected documents of the strict reporting and UGTsR at the expense of own self-supporting means are made. Samples of forms of permissions to operate RES are given in appendices 20, 21.

4.9. In case of decision making about issue of the permission to operate RES results of check of compliance of technical characteristics of RES to the conclusion relatively EMS by RES, and also, in the presence, results of natural (test) testing are considered.

If by results of check of compliance of technical characteristics of RES to the conclusion relatively EMS RES, and also results of natural (test) testing is revealed discrepancy of parameters of radiation and characteristics of the established radio-electronic means to the conclusion issued to the Applicant relatively EMS RES that EMS will require carrying out new calculations, approvals and the international coordination, UGTsR makes the decision on refusal in issue of the permission to operate RES and within three working days returns to the Applicant its requisitioning instruments for execution of the new statement for receipt of the conclusion relatively EMS RES according to article 41 of the Law.

If by results of check of compliance of technical characteristics of RES to the conclusion relatively EMS RES is revealed failure to provide EMS the Applicant's RES on RES of other users which will require carrying out new calculations EMS, approvals and the international coordination, UGTsR within three working days informs on it the Applicant and performs these works on own account in the terms determined by the legislation.

4.10. The applicant gets permissions to operate RES signed by the deputy chief of UGTsR in statement place of registration.

4.11. The permission to operate RES is issued to the Applicant not later than in three working days after sight by it the document confirming payment for work on preparation and issue of the permission to operate.

4.12. Action prolongation, renewal, issue of the duplicate, cancellation of the permission to operate are performed according to Articles 44, of 46, 47 and 45 Laws.

4.13. For prolongation of action of the permission to operate the user shall not later than in four months prior to the termination of term of its action to file in UGTsR or the relevant Branch petition for prolongation of effective period of permission. Forms of statements are given in appendices 22-29.

4.14. Sends to the copy of the issued permissions to operate RES UGTsR to the State inspection of communication (further - GIS).

4.15. If the Applicant within 30 calendar days of day of the direction of the message and invoices for payment of works on preparation and issue of permissions did not provide it the document confirming introduction of payment for these works, UGTsR cancels the decision on their issue.

4.16. General width of strip of radio frequencies which is used in each certain region for implementation of payments for use of RChR is specified in permissions to operate RES of stationary arrangement.

4.18. The applicant has the right by the written request to obtain official information on condition of works on consideration of requisitioning instruments from UGTsR.

5. Conditions of use of radio-frequency resource

5.1. The user in use of radio-electronic means shall satisfy such conditions of use of radio-frequency resource of Ukraine:

5.1.1. Observe requirements of the legislation, state standards, regulatory legal acts and normative and technical documents existing in the field of use of radio-frequency resource of Ukraine and also to refrain from actions which can lead to violations of the law about use of radio-frequency resource of Ukraine.

5.1.2. Fulfill requirements of metrological support in the field of use of radio-frequency resource.

5.1.3. Take measures for non-admission of unauthorized access to radio network and information which is transferred in this network.

5.1.4. Timely and in full to bring in the State budget monthly collection for use of radio-frequency resource of Ukraine, and also UGTsR payment for radio-frequency monitoring.

5.1.5. Follow special conditions of permissions to operate RES.

5.1.6. Provide on request of representatives of GIS or UGTsR who exercise supervision of use of radio-frequency resource, information concerning tactical technical characteristics, applications, placements of RES.

5.1.7. Provide in the procedure established by the legislation access for officials of GIS, UGTsR to the territory and to rooms for the purpose of check of use of RES located in them, and also show according to their requirement the corresponding permissions, certificates, certificates and other documents concerning questions of use of radio-frequency resource of Ukraine.

5.1.8. Begin operation of RES only after receipt of the corresponding permissions to operate.

5.1.9. Use only the RES that types which answer conditions of their application in the territory of Ukraine, certain Law of Ukraine "About radio-frequency resource of Ukraine".

5.1.10. Use only the radio technologies specified in the permission to operate.

5.1.11. Provide irrespective of pattern of ownership in the conditions of emergency situations, emergency and warlike situation use of the networks of radio communication belonging to the User for holding mobilization actions and requirements satisfaction of homeland security, defense, protection of law and order.

5.1.12. To timely carry out the order (instructions) of GIS, UGTsR concerning elimination of violations of conditions of use of radio-frequency resource, special conditions of permissions to operate RES and regulations of the legislation in the field of use of radio-frequency resource of Ukraine.

5.1.13. Give opportunity and create proper conditions for implementation of the state supervision of observance of regulations of the legislation in the field of use of radio-frequency resource of Ukraine.

5.1.14. Provide at the scheduled time and to certain addresses the state and departmental statistical reporting under the forms approved by bodies of statistics, NKRS and TsOVS.

5.2. The user bears the responsibility for violation of the legislation determined by the legislation in the field of use of radio-frequency resource of Ukraine.

5.3. The user cannot transfer the rights to operation of RES on the corresponding permission to any other physical person or legal entity.

5.4. UGTsR can include in permissions to operate RES for certain Users special conditions which do not contradict the current legislation.

5.5. The state supervision of observance by Users of regulations of the legislation in the field of use of radio-frequency resource of Ukraine and conditions of use of radio-frequency resource performs GIS. At the request of NKRS part in implementation of supervision of use of radio-frequency resource is taken by UGTsR.

 

Appendix 1

to Regulations on provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means

 
      Форма РР-2

                              ЗАЯВЛЕНИЕ
   о выдаче заключения относительно электромагнитной совместимости
           радиоэлектронного средства подвижной радиосвязи
         ___________________________________________________
               (название радиотехнологии и радиослужбы)

     1. Сведения о Заявителе

------------------------------------------------------------------
|Наименование субъекта хозяйствования                            |
|(фамилия, имя, отчество):                                       |
|----------------------------------------------------------------|
|Код согласно ЕГРПОУ или налоговый номер:                        |
|----------------------------------------------------------------|
|Регистрационный номер учетной карточки                          |
|налогоплательщика 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info