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Ministry of Justice

Russian Federation

On September 15, 2021 No. 64997

THE 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 25, 2021 No. 35

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 implementation of licensing of activities in the field of rendering communication services

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; 2018, No. 25, the Art. 3696), subitem 5.1.4.2 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, to No. 12, of the Art. 1431), 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 implementation of licensing of activities in the field of rendering communication services.

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

Head

A.Yu.Lipov

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 25, 2021, No. 35

Administrative regulations of provision by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state service in implementation of licensing of activities in the field of rendering communication services

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 implementation of licensing of activities in the field of rendering communication services (further - Regulations, the state service respectively) establish terms and the sequence of ministerial procedures (actions), order of interaction between structural divisions of Roskomnadzor and officials of Roskomnadzor, between Roskomnadzor and physical persons and legal entities, individual entrepreneurs, their authorized representatives, other public authorities when implementing licensing of activities in the field of rendering communication services.

Circle of applicants

2. Applicants by provision of the state service are legal entities, individual entrepreneurs or their authorized representatives.

3. Applicants by provision of information from the register of licenses in the field of communication are physical persons, including individual entrepreneurs, legal entities or their authorized representatives.

Requirements to procedure for informing on provision of the state service

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

5. Reference information is placed at information stands in 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)" (further - the Federal register) <1>, and also in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal) <2>.

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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; 2021, No. 27, the Art. 5435) (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.

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

7. 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

8. The state service in implementation of licensing of activities in the field of rendering communication services.

The name of the body providing the state service

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

10. 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, 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 <3 approved by the order of the Government of the Russian Federation of May 6, 2011>.

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<3> Russian Federation Code, 2011, No. 20, Art. 2829; 2021, No. 30, Art. 5805.

Description of result of provision of the state service

11. Results of provision of the state service are:

1) provision of license for activities in the field of rendering communication services (further - the license) by results of consideration of the application of person who expressed intention to obtain the license (further - the license applicant), or by results of tendering (auction, tender) (further - the biddings) on receipt of the license (refusal in provision of the license);

2) prolongation of effective period of the license (refusal in prolongation of effective period of the license);

3) renewal of the license (refusal in renewal of the license);

4) cancellation of the license according to the statement of the owner of the license (further - the licensee) about the termination of the licensed type of activity;

5) provision of information from the register of licenses in the field of communication.

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

12. The decision on provision of the license or on refusal in provision of the license is accepted by Roskomnadzor in time, not exceeding forty five working days from the date of receipt of the statement for provision of the license and the documents attached to it, by results of consideration of the application.

13. The decision on provision of the license by results of the held auction or about refusal in licensing by results of the held auction is accepted by Roskomnadzor in time, not exceeding thirty working days from the date of decision making by results of the held auction.

14. The notification on provision of the license goes to the licensee within three working days after day of entering of record about provision of the license into the register of licenses in the field of communication.

15. The notification on refusal in provision of the license goes to the license applicant within three working days from the date of adoption of this decision.

16. If in the statement for provision of the license the license applicant indicated the need receipts of the statement from the register of licenses in the field of communication Roskomnadzor along with the direction of the notification on provision of the license sends to the licensee the statement from the register of licenses in the field of communication.

17. The decision on prolongation of effective period of the license or on refusal in prolongation of effective period of the license is accepted by Roskomnadzor in time, not exceeding forty five working days from the date of receipt of the statement of the licensee.

18. The term of the direction of the notification on prolongation of effective period of the license, notification on refusal in prolongation of effective period of the license, and also statement from the register of licenses in the field of communication is established by Items 14 - 16 Regulations.

19. The decision on renewal of the license or on refusal in renewal of the license is accepted by Roskomnadzor in time, not exceeding ten working days from the date of receipt of the statement for renewal of the license and the documents attached to it.

20. The term of the direction of the notification on renewal of the license, notification on refusal in renewal of the license, and also statement from the register of licenses in the field of communication is established by Items 14 - 16 Regulations.

21. The decision on cancellation of the license based on the statement of the licensee for the termination of the licensed type of activity is made by Roskomnadzor within ten working days from the date of receipt of the specified statement.

22. The termination letter of action of the license goes to the applicant within three working days after day of entering of record about cancellation of the license into the register of licenses in the field of communication.

23. Information from the register of licenses in the field of communication goes to the applicant in time, not exceeding three working days from the date of receipt of the statement for provision of such data.

24. Suspension of provision of the state service in case of the direction to the license applicant (licensee) of the notification on need of elimination in 30-days time revealed in case of verification of the statement for provision (prolongation of effective period, renewal) of the license of violations, cannot exceed thirty working days from the moment of receipt by the license applicant (licensee) of the specified notification.

The regulatory legal acts regulating provision of the state service

25. 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.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service and services which are necessary and obligatory for provision of the state service, subject to representation by the applicant, methods of their obtaining by the applicant, including electronically, procedure for their representation

26. For decision making about provision of the license by results of consideration of the application of the license applicant or by results of the held auction (auction, tender) the license applicant needs to submit the following documents to Roskomnadzor:

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