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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 February 1, 2023 No. 37

About approval of procedure for imposing on suppliers of electronic communication networks or suppliers of electronic communication services with considerable market influence in the wholesale and/or retail markets of regulatory obligations, their change and removal

According to Item "About the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service", parts one of article 84 of the Law of Ukraine "About electronic communications" the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service decides 5 parts four of article 4 of the Law of Ukraine:

1. Approve the Procedure for imposing on suppliers of electronic communication networks or suppliers of electronic communication services with considerable market influence in the wholesale and/or retail markets of regulatory obligations, their change and removal which is applied.

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

3. 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 February 1, 2023 No. 37

Procedure for imposing on suppliers of electronic communication networks or suppliers of electronic communication services with considerable market influence in the wholesale and/or retail markets of regulatory obligations, their change and removal

I. General provisions

1. This Procedure establishes organizational bases and the procedure of carrying out NKEK of preliminary ruling of the market of certain services for the purpose of ensuring development of the economic competition in the markets of delivery of electronic communication networks and/or services by imposing, change and removal (canceling) of the regulatory obligations provided by the Law of Ukraine "About electronic communications" (further - the Law).

2. Action of this Procedure extends to the supplier (suppliers) of the electronic communication networks and/or services (further - the supplier) included in the register of suppliers of electronic communication networks and services.

3. In this procedure terms are used in the following values:

the adaptive period period which is established by NKEK for the supplier of electronic communication networks and/or services with considerable market influence for preparation for the beginning of accomplishment of regulatory obligations;

the price oriented to cost is the price of service which consists of cost and profit which regulation is established by NKEK.

Other terms are used in the values given in the law, the law of Ukraine "About the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service" and other regulatory legal acts in the field of electronic communications.

4. The proof of the decision of NKEK on imposing (change, removal or canceling) of regulatory obligations is performed in writing (in electronic form or the mailing) or through electronic office of electronic regulatory platform to suppliers on whom the decision is made, and will be promulgated on the NKEK official website (except those parts of decisions which contain information with limited access).

II. Information sources for imposing (change) of regulatory obligations

1. Sources of the choice of NKEK of regulatory obligations which are imposed on the supplier (suppliers) with considerable market influence (further - the supplier of ZRV), in particular, can be:

the report on results of the carried-out NKEK of market research of certain services;

proposals of the supplier of ZRV;

proposals of other suppliers performing activities in the market of certain services.

2. Suppliers who by results of the carried-out market research of certain services, ZRV determined by suppliers, have the right to provide in NKEK within 30 calendar days after promulgation of the relevant decision NKEK the offers on imposing on them the regulatory obligations provided by the Law.

Such offers shall be disaggregated and contain information about:

alternative ways according to the decision or prevention of the problem determined by market research of certain services which will allow to avoid need of imposing of regulatory obligations (in the presence);

financial and economic calculations of rather possible losses (benefits) connected with introduction of certain regulatory obligations;

reasons for need of the adaptive period for introduction of regulatory obligations with determination of its term or term;

reasons (in the presence) reducings (increase) term or term on which regulatory obligations are imposed;

offers on amounts and the period of representation of forms of the regulatory reporting according to which the supplier of ZRV shall report on accomplishment of regulatory obligations;

other additional information which can influence the decision or prevention of certain problem in the market of certain services.

3. Other suppliers can provide within 30 calendar days after promulgation of the relevant decision NKEK reasonable offers on the decision or prevention determined by results of the carried-out analysis of problem in the market of certain services and/or regulatory obligations.

III. Procedure of the choice of regulatory obligations

1. When imposing regulatory obligations of NKEK selects the least burdensome ZRV for the supplier from the electronic communications provided by the Law method (obligations) of the problem resolution on the competition in certain market revealed during its analysis.

2. Criteria for the choice of NKEK of the least burdensome methods (obligations) for the decision or prevention of certain problem in case of adoption of the relevant decision are:

availability of alternative methods for the decision or prevention of certain problem without imposing of regulatory obligations;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info