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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 30, 2010 No. 515

About some measures for development of data communication network in the Republic of Belarus

(as amended on 18-09-2019)

For the purpose of development in the Republic of Belarus of modern infrastructure of data communication network on the basis of implementation of new information and communication technologies, attraction to this sphere of domestic and foreign investments, improvement of quality and reduction in cost of the rendered data services I decide:

1. Create single republican data communication network (further - ERSPD) *, having included in its structure data communication networks ** republican state bodies, local executive and administrative organs, other state bodies and other state organizations, and also economic societies concerning which the Republic of Belarus or administrative territorial unit, having shares (shares in authorized funds), can determine the decisions made by these economic societies (further if other is not determined, - state bodies and the organizations).

The basis of ERSPD is constituted by reference data communication network which is understood as the multiservice network of telecommunication providing interaction of networks of telecommunication, nodes of telecommunication of local, long-distance and international telephone networks, and also all necessary program technical means for support of operational technical and other processes.

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* For the purposes of this Decree ERSPD is understood as the multiservice network of telecommunication which is part of network of telecommunication public and representing complex of the data communication networks of state bodies and the organizations, and also other legal entities of non-state pattern of ownership and individual entrepreneurs attaching the existing networks to ERSPD in voluntary procedure, except for the data communication networks intended for ensuring national security, defense and protection of law and order interacting among themselves.

** For the purposes of this Decree data communication networks are understood as any network of telecommunication which is intended and (or) can be used for the purposes of acceptance, transfer, processing, data storage and messages of telecommunication (including telephone challenges, cable messages, office and information messages, network packets of data communication networks) without restrictions on the used user, transport and network protocols of data transmission, except for the networks of telecommunication realizing provision of services of radio broadcast of television and sound programs, satellite telecommunication.

2. Determine that:

2.1. legal entities of non-state pattern of ownership, except for called in Item 1 of this Decree, and individual entrepreneurs attach the existing data communication networks to ERSPD in voluntary procedure;

2.2. designing and construction of the newly created and (or) reconstructed fiber optic communication lines for data networking, except for technological networks of telecommunication, are performed on condition of subsequent their accession to ERSPD;

2.2-1. operator ERSPD is the joint limited liability company "Belarusian Cloud Computing" (further - joint economic society) which acts as the customer on designing, construction and equipment of the reference data communication network constituting basis of ERSPD performs its operation and administration of program technical means of segments of ERSPD, including for the purpose of rendering services with use of platform of delivery of services, and also is service provider, ERSPD rendered with use, for state bodies and the organizations, other organizations, physical persons, including individual entrepreneurs;

2.3. operators of telecommunication use ERSPD on the terms of equal access;

2.4. The operational analytical center in case of the President of the Republic of Belarus is the independent regulator in the field of information and communication technologies (further - ICT) * which organization of activities is determined by the Regulations on the independent regulator in the field of information and communication technologies approved by the President of the Republic of Belarus.

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* For the purposes of this Decree information and communication technologies are understood as set of the information technologies and technologies of telecommunication providing collection, processing, storage, distribution, display and use of information for the benefit of its users.

3. To operational analytical center in case of the President of the Republic of Belarus:

till December 1, 2010 to create the republican unitary enterprise "National Center of Exchange of Traffic" (further - NTsOT);

till January 1, 2011 together with the Ministry of Communications and Informatization to determine procedure for accession of data communication networks to ERSPD and traffic transmission, the requirement to creation, organizational technical supply of functioning of ERSPD and the instruction for use of ERSPD.

4. Determine that:

4.1. the main objectives of NTsOT are:

coordination of works on creation and development of ERSPD;

management of accession of data communication networks to ERSPD;

creation of points of accession to networks of telecommunication of foreign states and ensuring their functioning;

implementation of engineering supervision over the omission of the international traffic * and accession to networks of telecommunication of foreign states;

ensuring protection against illegal access to ERSPD and the data transferred on it, traffic transmission, and also management of ERSPD and taking measures to its development;

providing equal conditions of access to state bodies and organizations, other legal entities and individual entrepreneurs to ERSPD;

creation of information networks, information systems and information resources;

4.2. the main objectives of joint economic society are:

ensuring interaction of data communication networks, and also state bodies and organizations, other legal entities and individual entrepreneurs when rendering services of telecommunication with use of ERSPD;

the organization of calculations for the rendered services of telecommunication with use of ERSPD;

4.3. NTsOT for the solution of objectives:

has the right to the omission of the international traffic and accession to networks of telecommunication of foreign states, rendering other services of telecommunication, and also can represent the interests of state bodies and organizations which data communication networks are attached to ERSPD, concerning functioning and development of ERSPD, including attraction for these purposes of investments;

carries out works on creation and operation of the database of fiber optic communication lines according to the procedure, determined by Operational analytical center in case of the President of the Republic of Belarus;

has the right to ensuring accession to network of telecommunication of general use and interaction of networks of telecommunication, including the networks of telecommunication of operators of telecommunication of the Republic of Belarus attached to network of telecommunication public;

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