PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 18, 2006 No. 240

About payment for use of radio-frequency range

For the purpose of enhancement of economic bases of activities in the field of telecommunication and effective use of radio-frequency range, acceleration of carrying out its conversion I decide:

1. Enter:

since January 1, 2006 annual and one-time payment for use of radio-frequency range;

since October 1, 2009 payment for allocation of strips of radio frequencies, radio-frequency channels or radio frequencies for the radio-electronic means used for rendering services of telecommunication public * (further - payment for allocation of radio-frequency range).

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* The radio-electronic means used for rendering services of telecommunication public is understood as any radio-electronic means entering and (or) planned for inclusion in structure of network of telecommunication intended for rendering services of telecommunication public.

2. Determine that:

2.1. if other is not established by the President of the Republic of Belarus, the annual payment for use of radio-frequency range (further - annual payment) is brought by users of this range who are granted such right to term more than one year;

2.2. the one-time payment for use of radio-frequency range (further - one-time payment) is brought by users of this range who are granted the appropriate right to term no more than one year;

2.2-1. the payment for allocation of radio-frequency range is levied from legal entities and individual entrepreneurs in cases of acceptance by the State Commission on Radio Frequencies under the Security Council of the Republic of Belarus of the decision:

about allocation of strips of radio frequencies, radio-frequency channels or radio frequencies by it (further - radio-frequency range), including by results of the tender (tender) for use of the radio-frequency range held according to the procedure, established by Council of Ministers of the Republic of Belarus;

about modification of the decision of the State Commission on Radio Frequencies under the Security Council of the Republic of Belarus about allocation of radio-frequency range by it regarding change of difference between the upper and lower values of radio frequencies of the allocated radio-frequency range (further - amount of radio-frequency range), the areas of the geographical territory, type of radio service, the applied technology, the territories of arrangement of means of telecommunication or radio-electronic means are also more whole than use of strip of the radio frequencies which entailed increase in the amount of payment for allocation of radio-frequency range.

The payment for allocation of radio-frequency range is not levied:

in case of its allocation for operation of radio-electronic means on aircrafts, broadcasting service for the purpose of broadcast of TV programs of obligatory public packet, and also systems of cable television;

from legal entities and individual entrepreneurs in case of prolongation of effective period of the decision of the State Commission on Radio Frequencies under the Security Council of the Republic of Belarus about allocation of radio-frequency range by it;

in case of modification and (or) amendments in decisions of the State Commission on Radio Frequencies under the Security Council of the Republic of Belarus about allocation to legal entities and individual entrepreneurs of radio-frequency range in cases:

a) changes of the name of the legal entity or surname, own name, middle name (if that is available) the individual entrepreneur;

b) allocations of earlier allocated radio-frequency range to the legal entity created by other legal entity or the individual entrepreneur having the right to use this range. At the same time the right to use earlier allocated radio-frequency range is granted only to the newly created legal entity;

c) changes of the upper and (or) lower values of radio frequencies of the allocated radio-frequency range without increase in earlier allocated amount of radio-frequency range, the area of the geographical territory, change like radio service, the applied technology, the territory of arrangement of means of telecommunication or radio-electronic means are also more whole than use of strip of radio frequencies;

d) reorganization of the legal entity. At the same time, if as a result of such reorganization two and more legal entities are created, the right to use earlier allocated radio-frequency range is granted only to one of educated legal entities according to the separation balance sheet;

2.3. the annual and one-time payment is calculated, except as specified, provided in subitems 2.4-2.5-1 of this Item, proceeding from base rate in the amount of 0,14 of the equivalent size of basic rent size, for use of radio-frequency range 1 MHz wide one radio-electronic means within year in the territory of 1 quarter of kilometer depending on type of radio service, the applied technology in system of radio communication, commercial value and uses of strip of radio frequencies, width of strip of radiation, zone of servicing and territorial arrangement of radio-electronic means, time on which right to use of radio-frequency range is granted are more whole.

The payment for allocation of radio-frequency range is calculated proceeding from base rate in the amount of 0,14 of the equivalent size of basic rent size, for radio-frequency range 1 MHz wide in the territory of 1 quarter of kilometer, like radio service, the applied technology and the commercial value of the allocated radio-frequency range depending on the territory of arrangement of means of telecommunication or radio-electronic means, type of radio service, than the applied technology and the commercial value of the allocated radio-frequency range depending on the territory of arrangement of means of telecommunication or radio-electronic means and uses of strip of radio frequencies are more whole.

The payment specified in paragraph three of part one of subitem 2.2-1 of this Item is calculated as difference between sizes of payment for allocation of radio-frequency range on again accepted and brought on preceding it to decisions of the State Commission on Radio Frequencies under the Security Council of the Republic of Belarus. If the payment calculated according to again made decision of the State Commission on Radio Frequencies under the Security Council of the Republic of Belarus is less than payment calculated according to the decision preceding it, then the difference of payments to the legal entity and the individual entrepreneur does not return;

2.4. the annual payment for use of strips of radio frequencies of category of preferential use of the radio-electronic means used for needs of public administration, homeland security, defense, protection of law and order, the prevention and liquidation of emergency situations constitutes 15 equivalent sizes of basic rent size and is brought by state bodies and other state organizations according to appendix in annually till March 31;

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