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LAW OF UKRAINE

of December 16, 2020 No. 1089-IX

About electronic communications

(as amended on 03-05-2022)

This Law determines legal and organizational basis of state policy in spheres of electronic communications and radio-frequency range, and also right, obligation and responsibility of physical persons and legal entities which participate in the related activity or use electronic communication services.

Section I. General provisions

Article 1. Law coverage

1. Operation of this Law extends to the relations in spheres of electronic communications and radio-frequency range concerning provision and receipt of electronic communication services, delivery and access to electronic communication networks, ensuring the competition in the markets of electronic communications, and also concerning use of radio-frequency range, resources of numbering and protection of the rights of users of services.

2. Operation of this Law does not extend to the relations connected with:

electronic communication networks which have no mutually connection with electronic communication networks public (except the relations in the field of radio-frequency range);

management of audiovisual policy, the analysis of content and editing information transmitted by means of electronic communication networks public, provision to consumers of program services;

mutually connection, resource allocation, routing and transit of traffic in the Internet which is regulated by documents of the international organizations, except the organizations registered in the territory of the states recognized by the Verkhovna Rada of Ukraine the states aggressors.

Article 2. Determination of terms

In this Law the stated below terms are used in such value:

1) the subscriber - the ultimate user who receives electronic communication services on terms of the contract, concluded with the supplier of electronic communication services;

2) subscriber fee - fixed payment which the supplier of electronic communication services for the subscriber for access on permanent basis to electronic communication services, irrespective of the fact of their obtaining can establish;

3) subscriber line of electronic communication network (further - subscriber line) - the component of electronic communication network connecting the final (terminal) equipment to electronic communication network;

4) automated information system of management of radio-frequency range - system of provision, collection, accumulating, protection, accounting, processing and use of information which allows to perform actions for radio-frequency planning, assessment of electromagnetic compatibility, implementation of assignments of radio frequencies and radio-frequency monitoring;

5) the Internet address - the character and/or digital identifier determined by the international standards existing on the Internet;

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

7) safety of networks and services - capability of electronic communication networks and services to resist to the actions posing threat of availability, integrity or confidentiality of such networks and services, and also data which are stored, transferred or processed and the related services which are provided or access to which it is provided through electronic communication networks or services;

8) service package cost - payment which is established for use of service package during the time determined by tariff plan and can be independent of the actual amount of the consumption of electronic communication services determined by service package;

9) mutually connection of networks - access type which is implemented between suppliers of electronic communication networks and/or services (operators) by physical and/or logical connection of electronic communication networks for the purpose of providing to the user of services of one supplier of electronic communication networks and/or services (operator) to keep in contact with the user of services of other supplier of electronic communication networks and/or services (operator), or for ensuring access to the services provided by other subjects of managing which have access to matching network;

10) selection of bands of radio frequencies - entry in the Dispersion plan and uses of radio-frequency range of Ukraine of certain band of radio frequencies for use by one or more radio technologies under certain conditions, and also for establishment of category of users of the specified technologies;

11) challenge - process of connection by means of electronic communication network which gives the chance of implementation of bilateral voice electronic communications;

12) measurements of parameters of the radio equipment, the radiating circuit, radio-electronic means and the radiating circuit of special purpose - part of receiving and/or natural testing on site operation of the radio equipment, the radiating circuit, radio-electronic means and the radiating circuit of special purpose during which carrying out experimental determination of compliance of their parameters to calculation of electromagnetic compatibility or to assignment of radio frequency is performed;

13) the radiating circuit - the technical device radiating electromagnetic energy in surrounding space which is used for production, scientific, medical, military, industrial, domestic needs (except requirements of radio communication) and which is not the radio equipment;

14) high-speed network - the electronic communication network capable to provide provision of services of broadband access with speed is at least established by the legislation;

15) virtual electronic communication network - the electronic communication network of the operator intended for provision of own electronic communication services which functions on terms of the contract of use of electronic communication network or its separate components of other operator;

16) secondary distribution of resource of numbering - distribution of resource of numbering by the supplier of electronic communication networks and/or services to users of services or other suppliers of electronic communication networks and/or services;

17) the harmonized radio-frequency range - bands or nominals of radio frequencies, technical and operational conditions of use of which in Ukraine are harmonized with requirements, regulations and rules of the European Union concerning use of radio-frequency range;

18) geographical number - number of the national plan of numbering which part of digital structure contains geographical sign which is used for routing of challenges to physical arrangement of ending point of network;

19) geographical boundaries of the market of electronic communications - the territory or set of the territories in which there is demand and supply on certain type of electronic communication services competition conditions substantially are homogeneous and which can be distinguished from the adjacent territories as competition conditions on them significantly differ;

20) data - information in the form suitable for the automated processing by its computer aids, technical and software;

21) permission to use of numbering resource - the right to use granted by initial distribution of national resource of numbering in certain territory and/or in electronic communication network during certain term;

22) the domain - part of hierarchical address space of the Internet which has unique name (domain name) which identifies it is serviced by server group of domain names and on a centralized basis administered;

23) access - provision according to this Law of the right and possibility of access to electronic communication networks, infrastructure, means and/or services to other suppliers of electronic communication networks and/or services for the purpose of provision by them of electronic communication networks and/or services, including for distribution of programs of TV and radio broadcasting;

24) electromagnetic compatibility - capability of the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose to function at the same time, from the operation caused by quality in actual practice and not to create radio interferences to other radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose;

25) electronic communication network - complex of technical means of the electronic communications and constructions intended for rendering electronic communication services;

26) electronic communication network public - electronic communication network, access to which is open for all ultimate users of services;

27) electronic communication service - the service consisting in acceptance and/or information transfer through electronic communication networks except services with editorial control of contents of information transmitted by means of electronic communication networks and services;

28) electronic communication (telecommunication) - transfer and/or acceptance of information, irrespective of its type or type, in the form of electromagnetic signals by means of technical means of electronic communications;

29) effective use of radio-frequency range - condition of use of radio-frequency range which corresponds to the criteria established according to the legislation;

30) ensuring electromagnetic compatibility - set of the organizational and technical events held for the purpose of ensuring joint use with radio-frequency range, reduction or exception of influence of radio interferences between the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose;

31) the involved assignment of radio frequency - assignment of radio frequency for the corresponding radio equipment, the radiating circuit, radio-electronic means and the radiating circuit of the special purpose put into operation in the procedure established by the legislation;

32) the planned assignment of radio frequency - assignment of radio frequency for the corresponding radio equipment, the radiating circuit, radio-electronic means and the radiating circuit of special purpose for which the procedure of calculation of electromagnetic compatibility is performed with positive result;

33) the declared assignment of radio frequency - assignment of radio frequency for the corresponding radio equipment, the radiating circuit, radio-electronic means and the radiating circuit of special purpose for which the procedure of calculation of electromagnetic compatibility is begun;

34) connection - link establishment between the final (terminal) equipment for information exchange;

35) numbering zone - part of the territory within which resources of numbering of the fixed voice communication have identical code of network and single format of numbers planned by the national plan of numbering;

36) instrumental assessment of parameters of radiation - determination with use of means of engineering supervision of parameter values of the electromagnetic radiations created by the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose;

37) information on the location of the subscriber who performs challenge, - the data processed in network of mobile communication obtained from network infrastructure or mobile the final (terminal) equipment with indication of the location of the mobile final (terminal) equipment (point of its connection to network), and in network of fixed telephony - data on the physical address of terminal point of network;

38) infrastructure of electronic communication networks - technical means and/or constructions of electronic communication networks (elements of infrastructure of electronic communication networks);

39) the cable sewerage of electronic communication networks - the equipment and constructions intended for laying, mounting and operational servicing of cables of the electronic communication networks which are turning on, in particular, pipelines (channels of the cable sewerage), mortgage and viewing devices in wells, cable cabinets, mines, collectors, bridges, platforms, tunnels, buildings and also the room for input of cables and placement of the inline equipment;

40) the channel of the cable sewerage of electronic communication networks - separately selected places of limited reservoir in infrastructure of the cable sewerage of electronic communication networks intended for laying of cables of electronic communications;

41) the final (terminal) equipment - the equipment intended for connection with terminal point of electronic communication network for the purpose of ensuring access to electronic communication services;

42) the ultimate user of services - the user of services who does not provide electronic communication services;

43) terminal point of network - the physical point in which access to public electronic communication network is provided to the ultimate user and in case of the networks including switching or routing is determined by certain network address;

44) conversion of radio-frequency range - the package of measures, works providing change of radio services and/or radio technologies or category of users of radio-frequency range for further use of certain band or bands of radio frequencies;

45) use of radio-frequency range - the activities connected with operation of the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose which radiate and/or accept electromagnetic energy within radio-frequency range;

46) the user of electronic communication services (further - the user of services) - legal entity or physical person, or physical person entrepreneur who uses or orders electronic communication service;

47) the user of radio-frequency range - legal entity or physical person, or physical person entrepreneur who uses radio-frequency range;

48) the user of resource of numbering - legal entity or physical person, or physical person entrepreneur who uses numbering resource;

49) the line of electronic communication networks (communication line) - element of infrastructure of electronic communication network which creates environment of distribution of electromagnetic signals on radio, wire, optical or other electromagnetic systems between the technical means of electronic communications intended for transfer and/or acceptance of electromagnetic signals and/or the final equipment;

50) the license to use radio-frequency range - the right of the subject of managing to use of certain bands (band) of radio frequencies on the individual beginnings in the licensed range of radio frequencies during certain term in certain regions (in the territories) and under certain conditions;

51) the licensed range of radio frequencies - determined by the dispersion plan and uses of radio-frequency range in Ukraine of band of radio frequencies in the corresponding range, use of which requires availability of the license to use radio-frequency range;

52) radio local area network - the network of wireless access in the unlicensed range of radio frequencies built with use of the radio equipment with the adaptive choice of clear channel and methods of weakening of influence of radio interferences in the conditions of joint use by bands of radio frequencies using the technologies capable to provide effective use of radio-frequency range;

53) the low-power base station - the radio equipment of low power which is used in the licensed range of radio frequencies and for the small territory based on assignment of radio frequencies without the need for calculation of electromagnetic compatibility or based on general authorization;

54) the Internet (Internet) - the wide electronic communication network which is intended for data transmission and consists from physically and logically mutually connections of separate electronic communication networks which interaction is based on use of single address space and on use of the Internet protocols determined by international standards;

55) network of ultrahigh handling capacity - electronic communication network which corresponds to one of the following requirements:

completely consists of fiber optic elements, at least, to terminal point of network of the supplier of such electronic communication network;

other network capable to provide in case of usual conditions during the greatest loading the functioning similar to the networks specified in the paragraph the second this Item. Functioning of network is considered similar on the indicators determined by the legislation and irrespective of whether parameters of electronic communication services as a result of change of characteristics of the circle by means of which the electronic communication network unites with terminal point of network change;

56) network of broadband access - the electronic communication network intended for provision of services of broadband access;

57) the international coordination, the statement and registration of use of radio frequencies - the procedures which are carried out according to Radio regulations of the International Telecommunication Union for the purpose of international legal protection of assignments of radio frequencies of Ukraine;

58) the local (subscriber) communication line - the physical line of electronic communication network providing transfer of electromagnetic signals for connection of terminal point of network with switching system or the similar equipment in network of the fixed electronic communications public;

59) mobile communication - electronic communications using radio technologies during which the final equipment at least of one of consumers can freely move within all Items of the termination of electronic communication network;

60) model of the effective operator - system of calculation of necessary resources (costs) for ensuring provision of certain amount of certain services with the hypothetical supplier of electronic communication services to ultimate users without violations of the existing indicators and parameters of quality;

61) monitoring of quality of electronic communication services - collection, measurement, testing, processing, storage, the analysis of parameter values of quality and indicators of quality of electronic communication services for certain period;

62) provision in use of radio-frequency range or resource of numbering - voluntary, paid, return non-constant failure from individual rights to use by certain radio-frequency range or resource of numbering (their part) for benefit of other users according to the procedure, established by this Law;

63) natural testing - experimental confirmation of electromagnetic compatibility of the declared radio equipment with other radio equipment and/or radio-electronic means and radiating circuits of special purpose;

64) the national plan of numbering of Ukraine - the regulatory legal act determining format and structure of resource of numbering electronic communication networks;

65) national roaming - electronic communication service which provides the subscriber of one supplier of electronic communication services of such services in network of other supplier of electronic communication services within Ukraine (without the conclusion with the subscriber of the agreement) with preserving primary registration of the subscriber in the electronic communication network;

66) not geographical number - number which digital structure according to the national plan of numbering does not contain geographical sign which does not limit its use by certain territory of the country;

67) the operating radio equipment - the radio equipment, the radiating circuit of any assignment which operation is prohibited is illegal or is not permitted in Ukraine or concerning which operation established fact without the assignment of radio frequency determined by the legislation;

68) the unlicensed range of radio frequencies - the radio frequencies determined by the dispersion plan and uses of radio-frequency range in Ukraine in the corresponding range for ensuring public requirements of radio communication at short distances, including provision of electronic communication services without the need for receipt of licenses to use radio-frequency range;

69) number - the sequence of decimal digits conforming to requirements to structure to length and uniqueness according to the national plan of numbering of Ukraine also contains information necessary for call routing to the final (terminal) equipment or for access to electronic communication networks and services;

70) the operator of electronic communications (operator) - the subject of managing who owns exercises operation and control of electronic communication networks and/or the connected means.

In case of delivery of electronic communication networks the operator is considered also the supplier of electronic communication networks.

In case of delivery of electronic communication services the operator is considered also the supplier of electronic communication services;

71) the wholesale market of certain electronic communication services (wholesale market) - the sphere of the address of electronic communications where suppliers of electronic communication networks and/or services provide electronic communication networks and/or services to other suppliers of electronic communication networks and/or services for the purpose of provision by such suppliers of electronic communication services to users of services;

72) initial distribution of resource of numbering - provision of the right to use of share of resource of numbering (with indication of indexes, reservoir of numbers, certain codes of networks, services) in electronic communication network for the purpose of provision of electronic communication services;

73) assignment of rights on use of radio-frequency range or resource of numbering - voluntary, paid, irreversible deterioration failure from the individual rights to use of certain radio-frequency range or resource of numbering (their part) for benefit of other users according to the procedure, determined by the legislation;

74) transfer of number - the connected service which is provided to the subscriber on its statement and consists in preserving for the subscriber of number provided to it by the supplier of electronic communication services for the purpose of its use for receipt of electronic communication services in network of other supplier of electronic communication services;

75) the dispersion plan and uses of radio-frequency range in Ukraine - the regulatory legal act which regulates distribution of bands of radio frequencies by radio services in Ukraine division into bands special and public, determines the directions and conditions of use of radio-frequency range with determination of radio technologies for certain bands of radio frequencies;

76) the connected service - the service connected with electronic communication network or service, intended for providing or support of the independent or automated provision of services through this network or service which includes transfer of numbers or system which offer equivalent functionality, systems of conditional access, electronic teleguides and other services, in particular, service in identification of the location of the subscriber who performs challenge, and presence determination service;

77) the connected means - the connected services, objects of physical infrastructure of electronic communications, other equipment or means connected with electronic communication network or service, intended for providing or support of provision of services through matching network or service, including buildings, inputs to buildings, the internal house power supply network, antennas, towers and other auxiliary constructions, channels, pipelines, masts, hatches, cabinets and so forth;

78) preliminary ruling - the regulatory obligations aimed at providing development of the economic competition in the markets of delivery of electronic communication networks and/or services which need of imposing is determined by regulatory body for results of the carried-out analysis of such markets and are imposed on the suppliers of electronic communication networks and/or services determined by regulatory body with essential market benefit for limited term;

79) service of voice electronic communication - information exchange by voice in real time with use of electronic communication networks and numbers of the national or international plan of numbering;

80) service of Internet access - electronic communication service which provides Internet access and possibility of logical connection with ending points of the Internet, irrespective of the technology applied in electronic communication network and the final (terminal) equipment;

81) service of interpersonal electronic communication - the electronic communication service allowing to perform direct interpersonal and interactive information exchange through electronic communication networks between limited number of persons on which persons who initiate or participate in communication determine the receiver (receivers) of information (except services which give the chance of interpersonal and interactive communication only as the insignificant support function inseparably linked with other service);

82) service of interpersonal electronic communication without numbering use - the service of interpersonal electronic communication during which rendering number (numbers) from national or the international plans of numbering is not used or is not performed communication with number (numbers) from national or the international plans of numbering;

83) service of interpersonal electronic communication with numbering use - the service of interpersonal electronic communication in case of which provision number (numbers) from national or the international plans of numbering is used or is performed communication with number (numbers) from national or the international plans of numbering;

84) service of broadband access to the Internet - the service of Internet access at data transmission rate, not smaller, than is determined by the legislation, and without use of systems circuit switched;

85) the supplier of electronic communication networks - subject of managing which provides services of access to the electronic communication network which is in its ownership and to the related means, or with use of virtual area networks;

86) the supplier of electronic communication networks and/or services with considerable market influence - the supplier who independently or together with other subjects of managing holds in the market of electronic communications the position equivalent dominating namely, has the economic potential which gives the chance to operate on the market generally irrespective of competitors and ultimate users. Determination of provision as equivalent to dominating is performed by regulatory body taking into account the legislation on protection of the economic competition;

87) the supplier of electronic communication services - subject of managing which actually grants and/or has the right to provide electronic communication services on own networks and/or networks of other suppliers of electronic communication services;

88) acceptance tests of the established radio equipment on site operation (further - primary engineering supervision) - complex of works on spot test of operation of technical characteristics and parameters of the established radio equipment for the purpose of determination of their compliance to calculations of electromagnetic compatibility and to radiation regulations;

89) assignment of radio frequency - introduction of parameters and certain service conditions of the radio equipment, radio-electronic means and radiating circuits of special purpose with the status of the involved assignment of radio frequency (band, nominal or the radio-frequency channel) in the register of assignments of radio frequencies of general users or in the register of assignments of radio frequencies of special users;

90) traffic transmission - process of origination and/or termination, and/or transit of traffic in the mutually connected networks;

91) the radio fan - the physical person performing use of radio-frequency range for the personal needs which are not connected with business activity without the purpose of profit earning and according to Regulations of amateur radio of Ukraine and this Law;

92) radio-electronic means and the radiating circuit of special purpose - the radio equipment, radio-electronic means and/or the radiating circuit used by special users only for accomplishment of their functions and tasks;

93) radio interferences - the noises caused by electromagnetic radiation which threaten functioning of services of radio navigation or other security polices or significantly worsen quality, interfere or repeatedly interrupt work of the radio services operating according to the legislation or international treaties;

94) radio communication - the electronic communications performed with use of radio-frequency range;

95) the radio equipment (radio-electronic means) - the electric or electronic product intended for radiation and/or acceptance of radio waves for the purpose of radio communication and/or radiodetermination or completed with the additional device intended for radiation and/or acceptance of radio waves for the purpose of radio communication and/or radiodetermination;

96) radio service - the service of transfer, radiation and/or acceptance of radio waves determined by Radio regulations of the International Telecommunication Union for particular purposes of electronic communications;

97) radio technology - set of methods of forming, transfer, acceptance and processing of radio signals which constitute single engineering procedure of transfer and acceptance of radio signals and which application assumes use of radio-frequency range;

98) radio waves - electromagnetic waves which frequencies are lower than 3000 GHz extending in space without artificial wave guide;

99) radio frequency - unit of radio-frequency range determined by certain nominal;

100) radio-frequency monitoring - complex of the organizational and technical actions providing systematic control, including collection, processing, storage and data analysis of parameters of radiation of the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose;

101) radio-frequency body of the special user of radio-frequency range - certain structural division of executive body, other public authority carried according to this Law to special users of radio-frequency range;

102) radio-frequency range (radio-frequency resource) - radio waves which frequencies are lower than 3000 GHz suitable for transfer and/or acceptance of electromagnetic energy of the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose and which can use in the territory of Ukraine and beyond its limits according to this Law, international treaties of Ukraine, and also on the frequency and orbital line items selected for Ukraine;

103) the regulatory reporting - the periodic data and/or data determined by the decision of regulatory body, including such which contain the financial and economic indicators of activities of suppliers of electronic communication services necessary for regulatory body for accomplishment of the powers and tasks;

104) regulatory body - the central executive body with the special status in spheres of electronic communications, radio-frequency range and provision of services of mail service (further - regulatory body);

105) regulatory obligations - obligations which are established by regulating authority for suppliers of electronic communication networks and/or services with considerable market influence in the market of electronic communication services in results of the carried-out analysis;

106) the register of licenses to use radio-frequency range - information resource about the granted licenses to use radio-frequency range;

107) the register of assignments of radio frequencies of general users - the data from automated information system of management of radio-frequency range concerning assignments of radio frequencies for the radio equipment of general users of radio-frequency range;

108) the register of assignments of radio frequencies of special users - the data from automated information system of management of radio-frequency range concerning assignments of radio frequencies for radio-electronic means and radiating circuits of special purpose;

109) the register of radio-electronic means and radiating circuits of special purpose - information resource concerning types, types and characteristics of the radio-electronic means and radiating circuits permitted or which are temporarily permitted for application in the territory of Ukraine by special users of radio-frequency range;

110) the register of the radio equipment and radiating circuits - information resource concerning the types, types and characteristics of the radio equipment and radiating circuits permitted which are temporarily permitted or prohibited for application in the territory of Ukraine by general users of radio-frequency range;

111) numbering resource (number resource) - codes, numbers, identifiers which are used for designation (identification) of electronic communication networks, terminal points of network, services, subscribers during routing and implementation of challenge in electronic communication networks public;

112) the market of certain electronic communication services - the sphere of the address of interchangeable electronic communication services on which within certain territory there is demand and supply;

113) the retail market of certain electronic communication services (retail market) - provision to ultimate users of interchangeable electronic communication services on which within certain territory there is demand and supply;

114) distribution of bands of radio frequencies - entry in the dispersion plan and uses of radio-frequency range in Ukraine of certain band of radio frequencies for use by one either more land or space radio services under certain conditions, and also for establishment of category of users of radio-frequency range;

115) calculation of electromagnetic compatibility - technical calculation of possibility of use of certain radio equipment or radio-electronic means and radiating circuits of special purpose with the declared technical characteristics and parameters of radiation in certain place without creation of mutual radio interferences between the radio equipment, radio-electronic means and radiating circuits of special purpose, already has the declared, planned and involved assignments of radio frequencies;

116) system of conditional access - any technical tool, authentication system and/or the mechanism which are used to ensuring access to services of radio - or television broadcasting depending on subscription or other form of preliminary individual authorization;

117) band of radio frequencies - the part of radio-frequency range determined by certain interval of radio frequencies;

118) spam - electronic, text and/or multimedia messages which without prior consent (order) of users repeatedly (more than five messages to one subscriber) go to their e-mail addresses or the final (terminal) equipment, except notifications of the supplier of electronic communication services concerning provision by it of electronic communication services or messages from public authorities or local government bodies on the questions relating to their powers;

119) joint use of infrastructure of electronic communication networks - joint use of infrastructure of electronic communication networks or their separate elements by several suppliers of electronic communication networks on a contract basis;

120) joint use by radio-frequency range - use of bands of radio frequencies, right to use which according to the license to use radio-frequency range the general user of radio-frequency range, together with other users of radio-frequency range, based on the agreements signed with them on which conclusion the regulatory body is notified has;

121) the consumer of services - physical person which uses or orders electronic communication service for own needs and does not render electronic communication services;

122) constructions of electronic communications - buildings, containers, towers, masts, support, antenna feeder devices, lines of external electric utility service, the cable sewerage of electronic communication networks, other station and linearly - cable constructions, house distribution networks which are used for the organization of electronic communication networks;

123) permanency of electronic communication network - property of electronic communication network to save fully or partially the functions on condition of influence on it of the destabilizing factors;

124) tariff plan - the offer offered the ultimate user by the supplier of electronic communication services, concerning the cost, conditions and amount of provision of certain electronic communication services;

125) the territory intended for ensuring access to universal services - the settlements or their parts determined based on geographical surveys of expansion of electronic communication networks concerning which the measures for ensuring access to universal services provided by this Law shall be taken;

126) termination of traffic - process of establishment, maintenance by electronic communication network of the supplier of electronic communication networks and/or services of physical and/or logical connections between electronic communication network with which challenges arrive or are initiated connections, and the final equipment to which challenges go or initiates connections;

127) test turning on of the planned radio equipment - turning on of the planned radio equipment for its check and adjustment before and during primary engineering supervision, and also for carrying out natural or tests;

128) tests of the planned radio equipment - experimental determination of level of ensuring necessary quality of radio communication in electronic communication network and conditions of accomplishment of electromagnetic compatibility with other radio equipment in the location and/or zone of use;

129) technical regulation in the field of electronic communications - legal regulation of the relations in the field of determination and execution of mandatory requirements to characteristics of electronic communication networks or their separate components, technical means of electronic communications or related processes and methods of designing, construction, reconstruction, technical retrofitting and operation, and also electronic communication services;

130) technical means of electronic communications - the equipment, including with the established software, the station and linear constructions intended for the organization of electronic communication networks;

131) technological neutrality in the field of radio-frequency range - the principle of use of the bands of radio frequencies specified in the license without restriction of application of the radio technologies permitted in Ukraine determined by the dispersion plan and uses of radio-frequency range in Ukraine and carried to one type of radio communication on condition of respect for electromagnetic compatibility;

132) the technological user of radio frequencies - person who uses radio-frequency range for implementation of the economic activity which is not connected with provision of electronic communication services;

133) the technological user of resource of numbering - subject of managing which uses numbering resources for implementation of the economic activity which is not connected with provision of electronic communication services;

134) point (place) of access to house distribution network - the place of physical placement of electronic communication networks in or outside of the building, available to suppliers of electronic communication services which gives the chance to perform connection to intra house physical infrastructure for the purpose of provision of the corresponding electronic communication services;

135) transit of traffic - process of establishment and maintenance by electronic communication network of physical and/or logical connections for the purpose of passing of traffic between two other electronic communication networks;

136) traffic - set of the information signals transmitted on electronic communication network for certain interval of time, including details of the consumer and/or office information;

137) universal electronic communication service (universal service) - the electronic communication service of the established quality available to all ultimate users determined by this Law in all territory of Ukraine for reasonable price;

138) physical (passive) infrastructure of electronic communications - any element of electronic communication network (except active elements of network), suitable for placement of other elements of electronic communication network, including the antenna, pipe, the cable sewerage, collectors, hatches, antenna and mast constructions, support, towers, masts, buildings, the corresponding engineering systems of buildings, distribution cabinets, other engineering constructions and means;

139) fixed telephony - electronic communication which is performed using the final equipment in the fixed place on the zone of numbering limited, in particular, the territories;

140) the fixed place of receipt of service - the address determined by the final consumer for receipt of universal electronic communication services by it;

141) the Central radio-frequency body of system of special users of radio-frequency range - the structural division determined by the General Staff of the Armed Forces of Ukraine to which realization of powers of the General Staff of the Armed Forces of Ukraine on management in the field of use of radio-frequency range of special users is assigned;

142) RF bandwidth - numerical difference between limiting nominals of radio frequencies of band of radio frequencies.

Other terms in this Law are used in the values determined by the law.

Article 3. The legislation in the field of electronic communications and radio-frequency range

1. The legislation in the field of electronic communications and radio-frequency range consists of the Constitution of Ukraine, this Law, other acts of the legislation, and also international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. Application of the legislation in spheres of electronic communications and radio-frequency range is performed with respect for the principles:

1) minimum necessary regulation according to which decisions, actions of subjects of powers of authority shall be necessary and minimum sufficient for the goal achievement and tasks determined by this Law;

2) regulatory predictability according to which consecutive regulatory approach, and also objectivity is provided, to proportionality and impartiality;

3) introductions of regulatory obligations to suppliers of electronic communication networks and/or services with considerable market influence for the purpose of preliminary ruling only in that measure which is necessary for ensuring the workable and steady competition for the benefit of ultimate users and easing or canceling of such obligations as soon as this condition will be provided;

4) transparency according to which decisions, actions of subjects of powers of authority shall be properly proved and reported to subjects which they concern, to their introduction in force (their application);

5) nondiscriminations according to which discrimination in the treatment of any or all suppliers of electronic communication networks and services, including, irrespective of types of electronic communication services, technologies, pattern of ownership is excluded;

Technological neutrality (if it corresponds to achievement of tasks, the stipulated in Article 4 presents of the Law), according to which application of the legislation is performed as much as possible irrespective of the technology used for provision of electronic communication services and does not encourage 6) or does not discriminate use of specific technologies and promotes maintenance of the competition in the market;

7) proper accounting of variety of conditions concerning infrastructure, the competition, ultimate users of services and consumers of services in different geographical regions of the country;

8) assistance of realization of innovations and to effective investment into creation and expansion of electronic communication networks, including accounting of risks for investors in case of assignment of obligations on access, and also ensuring the competition in the markets of electronic communications and the principle of nondiscrimination;

9) ensuring electromagnetic compatibility of the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose.

Article 4. The purpose and tasks of public administration and regulation in the field of electronic communications and radio-frequency range

1. The purpose of public administration and regulation in the field of electronic telecommunications and radio-frequency range are:

1) market development of access to electronic communication networks and the markets of electronic communication services which will provide expansion and use of electronic communication networks of high and ultrahigh handling capacity will promote investment into development of such networks and their infrastructure, competition development, and also compatibility of electronic communication services, availability, safety of electronic communication networks and services and benefit to ultimate users;

2) creation of bases for effective and harmonized use of radio-frequency range for ensuring economic, social, information and cultural development, state security, defense capability, accomplishment of the international obligations, and also for providing and protection of interests of the state and users of radio-frequency range;

3) provision in all territory of Ukraine of services, high-quality, acceptable and available to the population, by ensuring workable competition and the choice of electronic communication services, and also requirements satisfaction and protection of the rights and legitimate interests of ultimate users of services, including persons with disability, access to electronic communication services on an equal basis with other consumers;

4) assistance to development of the domestic market by way:

establishments of expected regulatory approaches;

elimination of barriers and ensuring accomplishment of convergent conditions, assistance to investment and realization of innovations, provision of access to electronic communication networks and connected means;

assistance to the effective and harmonized use of radio-frequency range;

assistance to ensuring availability and compatibility of electronic communication services;

creations of equal conditions for implementation of economic activity in the field of electronic communications;

5) assistance to interests of ultimate users, including way:

creations of conditions for development, availability and use of electronic communication networks of high and ultrahigh handling capacity, including networks of the fixed, mobile communication and wireless access, and also electronic communication services;

creations of conditions for receipt of the maximum advantage during the choice of electronic communication services in the price and quality by ensuring workable competition;

supports of safety of electronic communication networks and services;

ensuring protection of the rights and legitimate interests of consumers by normative legal regulation;

ensuring needs of consumers in universal electronic communication services, including concerning their price availability to vulnerable social customer groups;

ensuring the choice and equivalent access to electronic communication services of persons with disability.

Section II. Public administration and regulation in spheres of electronic communications and radio-frequency range

Article 5. Powers of the Cabinet of Ministers of Ukraine

1. Cabinet of Ministers of Ukraine:

1) is provided by implementation of state policy in spheres of electronic communications and radio-frequency range;

Directs 2) and coordinates within the powers activities of the ministries, other central executive bodies in spheres of electronic communications and radio-frequency range;

3) exercises according to the law control objects of state-owned property and provides equal conditions of development of all patterns of ownership in spheres of electronic communications and radio-frequency range;

4) approves the strategy of development for the sphere of electronic communications, the national development plan for electronic communication networks of broadband access;

5) is approved by the dispersion plan and uses of radio-frequency range in Ukraine;

6) provides the organization and implementation of conversion of radio-frequency range in amounts and in the terms provided by the dispersion plan and uses of radio-frequency range in Ukraine and the plan of conversion of radio-frequency range;

7) performs measures for ensuring rendering universal electronic communication services in all territory of Ukraine;

8) exercises control of use by suppliers of electronic communication services of the means determined according to the legislation for compensation for expenses suffered as a result of obligation fulfillment on expansion of electronic communication networks for rendering universal electronic communication services at the expense of means of the government budget according to the procedure, established by the legislation;

9) approves rules of provision and receipt of electronic communication services;

10) establishes the amount of payment for issue, renewal, prolongation of effective period of the license to use radio-frequency range and permissions to use of numbering resource;

11) approves method of calculation of rent payment for use of radio-frequency range;

12) the procedure for issue of import permits from abroad of radio-electronic means and radiating circuits of special purpose and procedure for import approves from abroad, acquisitions, installation and operation of radio-electronic means and radiating circuits of special purpose;

13) is approved by procedure for use of radio-frequency range for needs of diplomatic representations, consular establishments of foreign states, representative offices of the international organizations in Ukraine and military forming of foreign states which temporarily are in the territory of Ukraine;

14) is established by procedure for introduction in the conditions of emergency or warlike situation of temporary restrictions in all territory of Ukraine or in its certain regions on use of the radio equipment, radiating circuits, radio-electronic means and radiating circuits of special purpose;

15) is approved by procedure for creation and activities of system of operating-technical management of electronic communication networks public and the national control center by electronic communication networks for the purposes of defense and safety of the state in the conditions of emergency situation, emergency or warlike situation;

16) performs other powers provided by this Law.

Article 6. Powers of the central executive body in spheres of electronic communications and radio-frequency range

1. The central executive body in spheres of electronic communications and radio-frequency range is responsible for implementation of such powers:

1) forming and realization of state policy in spheres of electronic communications and radio-frequency range;

2) generalization of practice of application of the legislation and development of offers on its enhancement, development and introduction in accordance with the established procedure drafts of legal acts, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine for consideration of the Cabinet of Ministers of Ukraine;

3) development and approval of regulatory legal acts on the questions relating to its powers according to this Law;

4) development in coordination with regulatory body of the strategy of development for the sphere of electronic communications, the national development plan for electronic communication networks of broadband access, programs, the concepts directed to goal achievement and accomplishment of the tasks provided by this Law and also forecasts of development of electronic communication networks and services;

5) development in coordination with regulatory body of rules of provision and receipt of electronic communication services, payment procedure of compensation for the account of public funds of the losses suffered as a result of obligation fulfillment on expansion of electronic communication networks for provision of access to universal electronic communication services in certain territories;

6) implementation of actions for the organization of scientific ensuring functioning and development of the sphere of electronic communications and radio-frequency range, ensuring development of scientific and technical and innovative capacity of the sphere of electronic communications, including way:

organizations and carrying out scientific research;

approvals of thematic plans and specifications for research works concerning distribution, selection and assignment of radio frequencies, their international legal protection, ensuring electromagnetic compatibility of the radio equipment (radio-electronic means) in coordination with regulatory body, National council of Ukraine concerning television and broadcasting, the General Staff of the Armed Forces of Ukraine, other interested public authorities of Ukraine, provision of the conclusions about feasibility of carrying out and financing of such works at the expense of public funds;

7) forming, realization and implementation within the powers determined by this Law, technical policy in the field of electronic communications and radio-frequency range;

8) implementation according to the law of functions of technical regulation in spheres of electronic communications and radio-frequency range;

9) implementation within the powers determined by this Law, measures for ensuring unity of measurements;

10) development with participation of regulatory body and representation for consideration of the Cabinet of Ministers of Ukraine of the project of method of calculation of rent payment for use of radio-frequency range;

11) the organization of check, review and canceling of industry regulating documents in spheres of electronic communications and radio-frequency range;

12) approval according to the law of technical requirements (technical specifications) to electronic communication networks, means of electronic communications, and also approval of the state construction regulations in the part concerning infrastructure of electronic communication networks;

13) development and realization of technical policy on forming of resources of numbering, approval of the national plan of numbering, change of format and structure of resources of numbering;

14) determination and periodic updating according to established in the approved procedure for terms:

a) indicators for determination of universal electronic communication service of broadband access to the Internet in the fixed place of receipt of service;

b) parameters of quality of provision of universal electronic communication services, their indicators and levels, methods of their measurement by suppliers of electronic communication services and measurement techniques;

c) criteria of reference of electronic communication networks to:

to networks of broadband access;

to high-speed networks;

to networks of high and ultrahigh handling capacity;

15) establishment, in case of need, indicators of quality of electronic communication services and their parameters according to part four of article 111 of this Law;

16) development based on offers of regulatory body, National council of Ukraine on television and broadcasting, the General Staff of the Armed Forces of Ukraine, other interested persons and representation for consideration of the Cabinet of Ministers of Ukraine of the dispersion plan and use of radio-frequency range in Ukraine, the project on modification of it;

17) establishment based on offers and with the assistance of regulatory body of criteria of efficiency of use of radio-frequency range for certain radio technologies in the corresponding bands of radio frequencies;

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