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THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN SPHERES OF ELECTRONIC COMMUNICATIONS, THE RADIO-FREQUENCY RANGE AND PROVISION OF SERVICES OF THE MAIL SERVICE OF UKRAINE

of April 20, 2022 No. 30

Questions of maintaining register of suppliers of electronic communication networks and services

According to Articles 16, "About electronic communications" and to Item of 1 part four of article 4 of the Law of Ukraine "About the National commission performing state regulation in spheres of electronic communications, radio-frequency range and rendering services of mail service" the National commission performing state regulation in spheres of electronic communications, radio-frequency range and rendering services of mail service DECIDES: 17 Laws of Ukraine

1. Approve enclosed:

Procedure for maintaining register of suppliers of electronic communication networks and services and its form;

Approximate list of types of electronic communication services.

2. Declare invalid the decision of the National commission performing the state regulation in the sphere of communication and informatization of December 17, 2019 No. 610 "Questions of maintaining the register of operators, providers of telecommunications" registered in the Ministry of Justice of Ukraine on January 02, 2020 for No. 11/34294.

3. To submit to department of licensing in the procedure established by the legislation this resolution on state registration to the Ministry of Justice of Ukraine.

4. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service of Ukraine of April 20, 2022 No. 30

Procedure for maintaining register of suppliers of electronic communication networks and services and its form

I. General provisions

1. This Procedure establishes the procedure of submission of the notification on the beginning of implementation of activities in the sphere of electronic communications (further - the Notification) in the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service (further - NKEK), and maintaining the register of suppliers of electronic communication networks and services (further - the Register).

2. The register is part of electronic regulatory platform.

3. Submission of the Notification, other documents provided by this Procedure, and maintaining the Register are provided by electronic regulatory platform.

4. Technical administrator Reestra is the structural division of NKEK to which functions implementation of modern information and communication technologies, technical means, the software, and also complex system of information security, ensuring technical support, protection and safety of the data containing in Reestra and servicing of the software of Reestr belong.

5. Manager Reestra is NKEK which accumulates and generalizes information on suppliers of electronic communication networks and services, determines the organizational principles of maintaining Reestr.

Information filling of the Register is provided by the officials authorized by the decision NKEK (further - authorized persons).

6. The data containing in the Register are open and public, except these physical persons entrepreneurs about registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport).

During action of martial law in Ukraine imposed by the Presidential decree of Ukraine of February 24, 2022 No. 64 "About introduction of warlike situation in Ukraine", the approved Law of Ukraine of February 24, 2022 No. 2102-IX "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine"" and within a month from the date of its termination or cancellation authorized persons can stop (to limit) access to the data containing in the Register concerning persons performing activities within the administrative and territorial units included in the List of the territories in which are conducted fighting or temporarily occupied by the Russian Federation (was conducted), the Ministry of questions of reintegration of temporarily occupied territories of Ukraine approved by the order of December 22, 2022 No. 309, registered in the Ministry of Justice of Ukraine on December 23, 2022 at No. 1668/39004, for which does not determine date of the termination of possibility of fighting or date of completion of temporary occupation. In other part access to data in the Register is provided taking into account the technical characteristics (opportunities) caused by conditions of warlike situation.

II. The procedure of submission to NKEK of the notification, change of data, or corrections of the revealed mistakes in the provided notification prior to functioning of electronic regulatory platform

1. Economic activity in the sphere of electronic communications is performed on the basis of general authorization, except provided by the Law of Ukraine "About electronic communications" (further - the Law) cases of use of radio-frequency range and resources of numbering.

2. Subjects of managing which intend to perform economic activity as suppliers of electronic communication networks and/or services shall send within a month from the beginning of such activities to NKEK of the Notification.

Further implementation of activities in the sphere of electronic communications without submission of the Notification is forbidden.

3. The notification is constituted in state language.

4. The notification goes by filling of electronic form on electronic regulatory platform using means of the qualified digital signature and shall contain the following information:

1) full name of the legal entity or surname, name, middle name of physical person entrepreneur;

2) code according to the Unified state register of the companies and organizations of Ukraine - for the legal entity or registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport) - for physical persons - entrepreneurs;

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