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Ministry of Justice

Russian Federation

On August 13, 2019 No. 55583

ORDER OF THE MINISTRY OF DIGITAL DEVELOPMENT, COMMUNICATION AND MASS COMMUNICATIONS OF THE RUSSIAN FEDERATION
AND THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON SUPERVISION IN THE SPHERE OF COMMUNICATION, INFORMATION TECHNOLOGIES AND MASS COMMUNICATIONS

of March 4, 2019 No. 42

About approval of Administrative regulations of provision by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state service in assignment (appointment) of radio frequencies or radio-frequency channels for radio-electronic means of civil appointment

According to Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 36, Art. 5623; No. 46, the Art. 7050), subitem 5.1.2 of Item 5 of the Regulations on Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications approved by the order of the Government of the Russian Federation of March 16, 2009 No. 228 (The Russian Federation Code, 2009, No. 12, Art. 1431; 2010, No. 13, Art. 1502; No. 26, Art. 3350; 2011, No. 3, Art. 542; No. 6, Art. 888; No. 14, Art. 1935; No. 21, Art. 2965; No. 40, Art. 5548; 2011, No. 44, Art. 6272; 2012, No. 20, Art. 2540; No. 39, Art. 5270; No. 44, Art. 6043; 2013, No. 45, Art. 5822; 2014, No. 47, Art. 6554; 2015, No. 2, Art. 491; No. 22, Art. 3225; No. 49, Art. 6988; 2016, No. 2, Art. 325; 2016, No. 23, Art. 3330; No. 24, Art. 3544; No. 28, Art. 4741; 2017, No. 28, Art. 4144; No. 41, Art. 5980; No. 52, Art. 8128; 2018, No. 6, Art. 893; No. 40, Art. 6142; 2019, to No. 10, of the Art. 970), I order:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state service in assignment (appointment) of radio frequencies or radio-frequency channels for radio-electronic means of civil appointment.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

Head

A.A.Zharov

Approved by the Order of the Federal Service of the Russian Federation on supervision in the sphere of communication, information technologies and mass communications of March 4, 2019, No. 42

Administrative regulations of provision by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state service in assignment (appointment) of radio frequencies or radio-frequency channels for radio-electronic means of civil appointment

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of provision by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state service in assignment (appointment) of radio frequencies or radio-frequency channels for radio-electronic means of civil appointment (further - Regulations, the state service respectively) establish terms and the sequence of ministerial procedures in case of assignment (appointment) of radio frequencies or radio-frequency channels for radio-electronic means of civil appointment.

Circle of applicants

2. Applicants by provision of the state service are citizens of the Russian Federation, the Russian legal entities, and also the physical persons registered as individual entrepreneurs (further - applicants, the applicant).

Requirements to procedure for informing on provision of the state service

3. Reference information includes the following information:

1) location and working schedule of Roskomnadzor;

2) telephone numbers for enquiries of Roskomnadzor, including number of phone answerphone;

3) the address of the official site of Roskomnadzor (further - the official site of Roskomnadzor) on the Internet (further - the Internet), and also e-mail and (or) form of feedback of Roskomnadzor on the Internet.

4. Reference information is placed at information stands in premises of Roskomnadzor, on the official site of Roskomnadzor on the Internet, in the federal state information system "Federal Register of the State and Municipal Services (Functions)" <1> (further - the federal register), and also in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <2> (further - the Single portal).

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<1> The regulations on the federal state information system "Federal Register of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation of October 24, 2011 No. 861 (The Russian Federation Code, 2011, No. 44, Art. 6274; No. 49, Art. 7284; 2013, No. 45, Art. 5807; 2014, No. 50, Art. 7113; 2015, No. 1, Art. 283; No. 8, Art. 1175; 2017, No. 20, Art. 2913; No. 23, Art. 3352; No. 32, Art. 5065; No. 41, Art. 5981; No. 44, Art. 6523; 2018, No. 8, Art. 1215; No. 15, Art. 2121; No. 25, Art. 3696; No. 40, the Art. 6142) (further - the order of the Government of the Russian Federation No. 861).

<2> The regulations on the federal state information system "Single Portal of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation No. 861.

5. The information access about terms and procedure for provision of the state service is performed without accomplishment by the applicant of additional requirements.

6. Information on procedure for provision of the state service is provided on a grant basis.

II. Standard of provision of the state service

Name of the state service

7. The state service in assignment (appointment) of radio frequencies or radio-frequency channels for radio-electronic means of civil appointment.

The name of the body providing the state service

8. Provision of the state service is performed by Roskomnadzor.

9. By provision of the state service it is forbidden to demand from the applicant of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies and the organizations <3>, except for receipts of the services included in the list of services which are federal executive bodies, State Atomic Energy Corporation "Rosatom" of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, No. 352 <4> approved by the order of the Government of the Russian Federation of May 6, 2011 (further - the order of the Government of the Russian Federation No. 352, the List of services respectively).

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<3> Item 3 of part I of article 7 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, Art. 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, Art. 4294; 2017, No. 1, Art. 12; No. 31, Art. 4785; No. 50, Art. 7555; 2018, No. 1, Art. 63; No. 9, Art. 1283; No. 17, Art. 2427; No. 18, Art. 2557; No. 24, Art. 3413; No. 27, Art. 3954; No. 30, Art. 4539; No. 31, Art. 4858; 2019, No. 14, the Art. 1461) (further - the Federal Law No. 210-FZ).

<4> Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 49, Art. 6421; No. 52, Art. 7207; 2014, No. 21, Art. 2712; 2015, No. 50, Art. 7165; No. 50, Art. 7189; 2016, No. 31, Art. 5031; No. 37, Art. 5495; 2017, No. 8, Art. 1257; No. 28, Art. 4138; No. 32, Art. 5090; No. 40, Art. 5843; No. 42, Art. 6154; 2018, No. 16, Art. 2371; No. 27, Art. 4084; No. 40, Art. 6129; 2019, No. 5, Art. 390.

Description of result of provision of the state service

10. Issue (direction) is result of provision of the state service:

1) permissions to use of radio frequencies or radio-frequency channels (further - permission);

2) statements from the order of Roskomnadzor on modification of permission or on cancellation of permission (further - the statement);

3) notices on refusal in issue of permission with indication of causes of failure.

11. Permission, the statement or the notice on refusal in issue of permission are issued (go) to the applicant in electronic form, signed by the authorized officer with use of the strengthened qualified digital signature <5>, or on paper.

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<5> Part 4 of article 5 of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65; No. 26, the Art. 3889) (further - the Federal Law No. 63-FZ).

12. In private office on the official site of Roskomnadzor on the Internet or on the Single portal access to the electronic documents specified in Item 11 of these Regulations during effective period of such documents is provided to the applicant.

13. Issue of permission is performed:

1) in case of assignment (appointment) of radio frequencies or radio-frequency channels;

2) in case of prolongation of effective period of permission;

3) in case of renewal of permission.

14. Issue of the statement is performed:

1) in case of modification of permission in connection with refusal of use of separate radio frequencies or radio-frequency channels;

2) in case of cancellation of permission.

15. Issue of permission is performed taking into account results by the held radio-frequency service of examination of possibility of use of the declared radio-electronic means and their electromagnetic compatibility with the radio-electronic means operating and planned for use (further - examination of electromagnetic compatibility).

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of suspension of provision of the state service if the possibility of suspension is stipulated by the legislation the Russian Federation, the term of issue (direction) of the documents which are result of provision of the state service

16. According to Item 3 of article 24 of the Federal Law of July 7, 2003 No. 126-FZ "About communication" <6> (further - the Federal Law No. 126-FZ) decisions on assignment (appointment) of radio frequency or the radio-frequency channel for radio-electronic means of civil appointment (further - RES) shall be accepted by Roskomnadzor not later than in 35 working days from the date of receipt of the corresponding address by it.

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<6> Russian Federation Code, 2003, No. 28, Art. 2895; No. 52, Art. 5038; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2005, No. 19, Art. 1752; 2006, No. 6, Art. 636; No. 10, Art. 1069; No. 31, Art. 3431, Art. 3452; 2007, No. 1, Art. 8; No. 7, Art. 835; 2008, No. 18, Art. 1941; 2009, No. 29, Art. 3625; 2010, No. 7, Art. 705; No. 15, Art. 1737; No. 27, Art. 3408; No. 31, Art. 4190; 2011, No. 7, Art. 901; No. 9, Art. 1205; No. 25, Art. 3535; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4284, Art. 4291; No. 30, Art. 4590; No. 45, Art. 6333; No. 49, Art. 7061; No. 50, Art. 7351, Art. 7366; 2012, No. 31, Art. 4322, Art. 4328; No. 53, Art. 7578; 2013, No. 19, Art. 2326; No. 27, Art. 3450; No. 30, Art. 4062; No. 43, Art. 5451; No. 44, Art. 5643; No. 48, Art. 6162; No. 49, Art. 6339, Art. 6347; No. 52, Art. 6961; 2014, No. 6, Art. 560; No. 14, Art. 1552; No. 19, Art. 2302; No. 26, Art. 3366, Art. 3377; No. 30, Art. 4229, Art. 4273; No. 49, Art. 6928; 2015, No. 29, Art. 4342, Art. 4383, Art. 4389; 2016, No. 10, Art. 1316, Art. 1318; No. 15, Art. 2066; No. 18, Art. 2498; No. 26, Art. 3873; No. 27, Art. 4213, Art. 4221; No. 28, Art. 4558; 2017, No. 17, Art. 2457; No. 24, Art. 3479; No. 31, Art. 4742, Art. 4794; No. 50, Art. 7557; 2018, No. 17, Art. 2419; No. 32, Art. 5135; No. 51, Art. 7862; No. 53, Art. 8455.

17. Permission or refusal in issue of permission according to requirements, stipulated in Item 3 articles 24 of the Federal Law No. 126-FZ, shall be prepared by Roskomnadzor within 20 working days from the date of adoption of the relevant decision.

18. Permission with the extended validity of permission or the notice on refusal in prolongation of effective period of permission shall be prepared by Roskomnadzor within 20 working days from the date of adoption of the relevant decision.

19. The decision on renewal of permission or refusal in renewal of permission is accepted within 10 working days from the date of registration of a statement.

20. The renewed permission or the notice on refusal in renewal of permission are drawn up within 20 working days from the date of adoption of the relevant decision.

21. The decision on modification of permission in connection with refusal of use of separate radio frequencies or radio-frequency channels is accepted within 20 working days from the date of registration of a statement. Roskomnadzor notifies the applicant on the made decision by the direction of the statement.

22. The decision on cancellation of permission according to the statement of the applicant is made within 20 working days from the date of registration of a statement. Roskomnadzor notifies the applicant on the made decision by the direction of the statement.

The regulatory legal acts regulating provision of the state service

23. The list of the regulatory legal acts regulating provision of the state service (with indication of their details and sources of official publication), is posted on the official site of Roskomnadzor on the Internet, in the federal register and on the Single portal.

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