PRESIDENTIAL DECREE OF UKRAINE

of November 23, 2011 No. 1067/2011

About the National commission performing state regulation in the sphere of communication and informatization

In pursuance of the Law of Ukraine "About telecommunications" I decide:

1. Form the National commission performing state regulation in the sphere of communication and informatization.

2. Approve Regulations on the National commission performing state regulation in the sphere of communication and informatization it (is applied).

3. Approve the extreme number of employees of the National commission performing state regulation in the sphere of communication and informatization in number of 300 established posts. 

4. This Decree becomes effective from the date of its publication.

Approved by the Presidential decree of Ukraine of November 23, 2011 No. 1067/2011

Regulations on the National commission performing state regulation in the sphere of communication and informatization

1. The national commission performing state regulation in the sphere of communication and informatization (NKRSI) is the state collegiate organ subordinated to the President of Ukraine accountable to the Verkhovna Rada of Ukraine.

NKRSI is body of state regulation in the sphere of telecommunications, informatization, uses of radio-frequency resource and renderings of services of mail service. In certain sphere of NKRSI performs powers of body of licensing, allowing body, regulatory body and state supervision body (control).

2. NKRSI in the activities is guided by the Constitution and the laws of Ukraine, acts and orders of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, other regulatory legal acts.

3. The main objectives of NKRSI are:

1) ensuring carrying out single state policy concerning state regulation in the sphere of telecommunications, informatizations and developments of information society, use of radio-frequency resource, renderings of services of mail service;

2) implementation of state regulation and supervision in the sphere of telecommunications, informatizations, uses of radio-frequency resource, renderings of services of mail service, use of infrastructure, for the purpose of the maximum satisfaction of demand of consumers for communication services and information services, creating favorable conditions for investment attraction, growth in volumes of services and increase in their quality, development and upgrade of telecommunication and information and telecommunication networks taking into account interests of homeland security;

3) ensuring effective use of radio-frequency resource and functioning of the market of telecommunication, informatsionnotelekommunikatsionny, information services and services of mail service on the basis of balancing of interests of society, subjects of managing and consumers of these services;

4) assistance to development of the competition and entrepreneurship, providing equal conditions of activities of subjects of managing of all patterns of ownership, enhancement of the mechanism of regulation of the market relations in the sphere of telecommunications, informatizations, uses of radio-frequency resource and renderings of services of mail service;

5) ensuring systemacity, complexity and coordination of development of informatization and information society, in the state.

4. NKRSI according to the tasks assigned to it:

1) takes part in forming and realization of state policy in the sphere of telecommunications, informatizations and developments of information society, use of radio-frequency resource, renderings of services of mail service;

2) is carried out by market analysis of telecommunication services and services of mail service, prepares offers concerning ensuring market balance and enhancement of the state regulation machinery in the sphere of telecommunications, informatization, use of radio-frequency resource and provision of services of mail service;

3) realizes the state development strategy in the sphere of telecommunications, informatizations and developments of information society, use of radio-frequency resource, renderings of services of mail service;

4) takes in accordance with the established procedure part in preparation of drafts of the laws, other regulatory legal acts in the sphere of telecommunications, informatizations and developments of information society, use of radio-frequency resource, renderings of services of mail service, submits for consideration to the President of Ukraine and the Cabinet of Ministers of Ukraine offers concerning drafts of the laws and other normative legal acts on these questions;

5) submits in accordance with the established procedure proposals concerning development of information society, the sphere of telecommunications, informatization, use of radio-frequency resource, provision of services of mail service, the draft of the Government budget of Ukraine for the corresponding year, the Program of activities of the Cabinet of Ministers of Ukraine, within the powers exercises control of their accomplishment;

6) provides within the powers forming and realization of the state tariff policy in the sphere of telecommunications, uses of radio-frequency resource, renderings of services of mail service, enhancement of regulatory and methodological base, forming of the rates which are subject to state regulation and also carrying out monitoring of the prices in the specified spheres;

Establishes 7) according to the limiting law or flat fares on public telecommunication services, rates for provision in use of channels of telecommunication of operators of the telecommunications holding the exclusive (dominating) market position of these services, settlement rates for services of traffic transmission to telecommunication networks of operators of telecommunications with essential market benefit in certain market of traffic transmission or operators of the telecommunications holding the exclusive (dominating) market position of telecommunications, rates for provision in use of the cable sewerage of telecommunication of operators of telecommunications, procedure for settlement between operators of telecommunications, limiting rates for universal services of mail service, and also rates for works (services) of the Ukrainian State Center of Radio Frequencies (USCRF) and the amount of payment for issue of documents allowing harakterazaklyucheniye of rather electromagnetic compatibility, permissions to operate, on import from abroad of radio-electronic means and the radiating devices, performs according to the legislation other actions for tariff regulation in the specified sphere;

8) issues to operators and providers of telecommunications permission to establishment of the specific tariffs for disabled people and socially unprotected persons on public telecommunication services;

9) is performed by organization-legal ensuring public telecommunication services, services of traffic transmission and services of mail service;

10) is provided by the state supervision (control) for:

a) observance by subjects of the market of the legislation on telecommunications, informatization and mail service;

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