THE DECISION OF THE NATIONAL COMMISSION CONCERNING REGULATION OF COMMUNICATION OF UKRAINE

of July 16, 2009 No. 1599

About approval of the Regulations on radio-frequency monitoring in bands of radio frequencies public

According to articles 6 and 14 of the Law of Ukraine "About radio-frequency resource of Ukraine", the National commission on questions of regulation of communication of Ukraine RESHILA:

1. Approve Regulations on radio-frequency monitoring in bands of radio frequencies public which are applied.

2. To provide to department of licensing and radio frequencies in the procedure established by the legislation submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. The decision becomes effective from the date of its official publication.

Approved by the Decision of the National commission on questions of regulation of communication of Ukraine of July 16, 2009 No. 1599

Regulations on radio-frequency monitoring in bands of radio frequencies public

I. General provisions

1.1. This Provision is developed according to the Law of Ukraine "About radio-frequency resource of Ukraine", other regulatory legal acts for the purpose of determination of procedure for the organization and implementation of radio-frequency monitoring in bands of radio frequencies public (further - radio-frequency monitoring).

1.2. Purpose of radio-frequency monitoring - holding actions for ensuring electromagnetic compatibility (further - EMS) radio-electronic means (further - RES) and radiating circuits (further - IU) which are operated in bands of radio frequencies public based on permissions to operate, identification and elimination of action of sources of radio interferences, identification of RES (IU) which are operated with violation of the current legislation, and the use of measures for the termination of their action and to provision of necessary information for requirements of regulation of use of radio-frequency resource of Ukraine (further - RChR).

1.3. Radio-frequency monitoring performs the State company "Ukrainian State Center of Radio Frequencies" (further - UGTsR).

1.4. When implementing radio-frequency monitoring of UGTsR interacts with the National commission performing state regulation in the field of communication and informatization, the General Staff of the Armed Forces of Ukraine (further - GSh AFU), law enforcement agencies and other state bodies in coordination with NKRSI.

1.5. Action of this Provision extends to general users of RChR.

1.6. Works of rather radio-frequency monitoring and providing EMS of RES, IU in bands of radio frequencies public are carried out by UGTsR on paid basis according to the economic agreements signed with users of RChR.

1.7. The cost of works on radio-frequency monitoring in bands of radio frequencies public is determined by rates for works (services) of the state company "Ukrainian State Center of Radio Frequencies" connected with use of radio-frequency resource of Ukraine and measurement of parameters of telecommunication networks which affirm the decision of NKRSI.

1.8. Payment for work, connected with radio-frequency monitoring, is performed by users of RChR monthly based on the contract with UGTsR according to the legislation.

1.9. Each user of RChR signs with UGTsR the agreement on carrying out radio-frequency monitoring in bands of radio frequencies public.

1.10. The agreement on carrying out radio-frequency monitoring is signed by plenipotentiaries of the parties not later than thirty calendar days of day of issue of UGTsR to the applicant of the first permission to operate RES (IU).

1.11. The list of RES (IU) concerning which the works connected with radio-frequency monitoring and providing EMS of RES (VP) are carried out is determined by UGTsR and given in the appendices to the agreement certified by the parties.

1.12. Data concerning the issued (cancelled) permissions to operate RES (IU) are considered by modification of appendix to the agreement.

1.13. Performance of works on radio-frequency monitoring is drawn up monthly by acts of the performed works in accordance with the terms of the agreement signed with the user RChR.

1.14. UGTsR draws up invoices for payment for the performed works on radio-frequency monitoring and providing EMS of RES, IU and together with acts of the performed works sends to users of RChR in accordance with the terms of the agreements signed with users RChR.

1.15. The user of RChR in the time defined by the agreement performs payment for the works on radio-frequency monitoring performed by UGTsR and providing EMS of RES, IU.

1.16. Payment for works on radio-frequency monitoring of RES, held for use it is exclusive in the conditions of emergency or warlike situation, on condition of their special registration as those, and also RES and IU which are on preservation at the companies according to the Regulations on procedure for preservation of the fixed business assets of the companies approved by the resolution of the Cabinet of Ministers of Ukraine of October 28, 1997 No. 1183, are not levied.

1.17. The payment for works on radio-frequency monitoring of RES working only at calling frequencies in case of natural disasters and for the purpose of rescuing of human life is not levied.

1.18. In this Provision the stated below terms are used in such value:

the database of assignments of radio frequencies - the structured set of information on assignment of bands, nominals of radio frequencies prepared in the form suitable for the automated processing by computer aids of system of engineering radio control;

the database of results technical the radiokontrolyastrukturirovanny set of information on results of the held events of engineering radio control prepared in the form suitable for the automated processing by computer aids of system of engineering radio control;

RES (IU) permitted to use - RES (IU) which operation is performed according to requirements of the current legislation, including regulatory legal acts in the field of use of RChR;

instrumental assessment of parameters of radiation of RES (OP) - determination by the station of radio control of parameter values of the electromagnetic radiations created by RES (OP);

system of engineering radio control - set of the interconnected technical means and the automation equipment which are controlled personnel of the relevant divisions;

engineering radio control - the component of radio-frequency monitoring intended for instrumental assessment of parameters of radiation of RES (IU) in bands of radio frequencies public.

II. Main objectives and components of radio-frequency monitoring

2.1. Carrying out radio-frequency monitoring provides implementation of complex of actions which are determined by the legislation and this Provision, such main objectives directed to accomplishment:

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