FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 7, 2003 No. 126-FZ

About communication

Accepted by the State Duma of the Russian Federation on June 18, 2003

Approved by Council of the Russian Federation on June 25, 2003

This Federal Law establishes the legal basis of activities in the field of communication in the territory of the Russian Federation and in the territories which are under jurisdiction of the Russian Federation, determines powers of public authorities in the field of communication, and also the rights and obligations of the persons participating in the specified activities or using communication services.

Chapter 1. General provisions

Article 1. Purposes of this Federal Law

The purposes of this Federal Law are:

creation of conditions for rendering communication services in all territory of the Russian Federation;

assistance to implementation of perspective technologies;

protection of interests of users communication services and the business entities performing activities in the field of communication;

ensuring workable and fair competition in the market of communication services;

creation of conditions for development of the Russian communications infrastructure, ensuring its integration with the international communication networks;

ensuring centralized management Russian radio-frequency resource, including orbital and frequency, and numbering resource;

creation of conditions for ensuring the needs for communication for needs of public authorities, needs of defense of the country, safety of the state and providing law and order.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the subscriber - the user communication services with whom the agreement on rendering such services in case of allocation for these purposes of subscriber number or unique code of identification is signed;

1. 1) the database of the postponed subscriber numbers - the information system containing data on subscriber numbers which remain subscribers in case of the conclusion of new service provision agreements of communication with other operators of mobile radiotelephone communication, and about the specified telecom operators who signed such agreements;

1. 2) the owner of communication network of special purpose - exercising control of communication network of special purpose, including through the relevant control centers, and federal executive bodies owning it on the right of operational management, its territorial authority, the division of federal executive body performing separate powers of the specified federal body;

2) allocation of strip of radio frequencies - permission in writing to use of specific strip of radio frequencies, including for development, upgrade, production in the Russian Federation and (or) import to the Russian Federation of radio-electronic means or high-frequency devices with certain technical characteristics;

3) high-frequency devices - the equipment or devices intended for generation and use of radio-frequency energy in industrial, scientific, medical, household or other purposes, except for applications in the field of telecommunication;

3. 1) the agreement on multisubject use of radio-frequency range - the agreement between two and more users radio-frequency range according to which joint use of radio-frequency range in the procedure established by this Federal Law is performed;

3.1-1) identifier of the user equipment (the terminal equipment) - identification number of the user equipment (the terminal equipment) in which the possibility of use of the identification module is provided;

3. 2) the identification module - the electronic medium of information which is used in the user equipment (the terminal equipment) and by means of which identification of the subscriber, and (or) user by communication services of the subscriber - the legal entity or the individual entrepreneur, and (or) the user equipment (the terminal equipment) is performed and provides access of the equipment of the specified subscriber or the user to network of the operator of mobile radiotelephone communication;

4) use of radio-frequency range - possession of permission to use and (or) the actual use of strip of radio frequencies, the radio-frequency channel or radio frequency for rendering services of telecommunication and other purposes which are not prohibited by the Federal Laws or other regulatory legal acts of the Russian Federation;

5) conversion of radio-frequency range - the economic, organizational and technical actions directed to expansion of use of radio-frequency range by radio-electronic means of civil appointment;

6) linearly - cable constructions of communication - the objects of engineering infrastructure created or adapted for placement of cables of communication;

7) communication lines - transmission lines, physical chains and linearly - cable constructions of communication;

7. 1) international legal protection of assignment (appointment) of radio frequencies or radio-frequency channels - the legal, technical, organizational and research actions performed for the purpose of ensuring the international recognition of assignment (purpose) of radio frequencies or radio-frequency channels for radio-electronic means of different radio services of the Russian Federation;

8) mounted reservoir - the size characterizing technological capabilities of the telecom operator on rendering in certain territory of the Russian Federation of services of telecommunication, services of accession and services in traffic transmission and measured by technical capabilities of the equipment entered into network of the telecom operator;

9) numbering - digital, alphabetic, symbolical reference or combinations of such designations, including the codes intended for unambiguous determination (identification) of communication network and (or) its nodal or terminal elements;

10) the user equipment (the terminal equipment) - the technical means for transfer and (or) acceptance of signals of telecommunication on communication lines connected to subscriber lines and which are in use of subscribers or intended for such purposes;

11) the operator holding essential position in communication network public - the operator who together with affiliates has in geographically certain zone of numbering or in all territory of the Russian Federation at least than twenty five percent of mounted reservoir or has opportunity to perform the omission at least than twenty five percent of traffic;

12) the telecom operator - the legal entity or the individual entrepreneur rendering communication services based on the corresponding license;

13) the operator of universal servicing - the telecom operator which renders communication services in communication network public and on whom according to the procedure, provided by this Federal Law, the obligation on rendering universal communication services is assigned;

13. 1) the operator of obligatory public TV channels and (or) radio channels - the telecom operator which based on the agreement with the subscriber renders communication services for the purposes of television broadcasting and (or) broadcasting (except for communication services for the purposes of wire broadcasting) and according to this Federal Law shall perform broadcast of obligatory public TV channels and (or) radio channels which list is determined by the legislation of the Russian Federation on mass media;

14) the organization of communication - the legal entity performing activities in the field of communication as core activity. The provisions of this Federal Law regulating communication organization activity are applied respectively to the individual entrepreneurs performing activities in the field of communication as core activity;

14. 1) especially dangerous, technically difficult constructions of svyazisooruzheniye of communication which project documentation provides such characteristics as height from seventy five to hundred meters and (or) burying of underground part is (fully or partially) lower than planning mark of the earth from five to ten meters;

15) the user - person to whom the strip of radio frequencies is allocated and (or) are appropriated by radio-frequency range the radio frequency or the radio-frequency channel (are appointed);

16) the user communication services - the person ordering and (or) using communication services;

17) assignment (appointment) of radio frequency or the radio-frequency channel - permission in writing to use of specific radio frequency or the radio-frequency channel with indication of specific radio-electronic means, the purposes and conditions of such use;

18) radio interference - the impact of electromagnetic energy on acceptance of radio waves caused by one or several radiations, including radiation, induction, and which is shown in any quality degradation of communication, mistakes or losses of information which could be avoided in the absence of impact of such energy;

19) radio frequency - the frequency of electromagnetic oscillations established for designation of single component of radio-frequency range;

20) radio-frequency range - the arranged set of radio frequencies in the limits set by the International Telecommunications Union which can be used for functioning of radio-electronic means or high-frequency devices;

21) radio-electronic means - the technical means intended for transfer and (or) acceptance of radio waves, consisting of one or several transferring and (or) intakes or combination of such devices and including the service equipment;

22) distribution of strips of radio frequencies - determination of purpose of strips of radio frequencies by means of entries in the Table of distribution of strips of radio frequencies between radio services of the Russian Federation based on which permission to use of specific strip of radio frequencies is issued and also conditions of such use are established;

22. 1) mailing on network of mobile radiotelephone communication - automatic transfer of short text messages to subscribers (the messages consisting of the letters and (or) symbols gathered in certain sequence) on network of mobile radiotelephone communication or transfer of short text messages to subscribers with numbering use, not to the corresponding Russian system and the plan of numbering, and also messages which transfer is not provided by the agreement on internetwork interaction with foreign telecom operators;

23) numbering resource - set or part of options of numbering which are possible for using in communication networks;

24) communication network - the technology system including means and communication lines and intended for telecommunication or mail service;

25) modern functional equivalent of network of communication - the minimum set of modern means of communication providing quality and the existing amount of the services rendered in communication network;

26) ceased to be valid

27) communication constructions - the objects of engineering infrastructure (including linearly - cable constructions of communication) created or adapted for investment of funds of communication, communication cables;

28) means of communication - technical and the software used for forming, acceptance, processing, storage, transfer, delivery of messages of telecommunication or mailings, and also others technical and the software used when rendering communication services or ensuring functioning of communication networks including technical systems and devices with measuring functions;

28. 1) TV channel, radio channel - the set created according to broadcasting schedule and published (air) under the permanent name and with the established frequency TV, radio programs and (or) according to others audiovisual, sound messages and materials;

28. 2) broadcast of TV channels and (or) radio channels - acceptance and delivery to the user equipment (the terminal equipment) of signal by means of which distribution of TV channels and (or) radio channels, or acceptance and transfer to air of this signal is performed;

28. 3) means of collective access - the means of communication or set of means of communication which are intended for provision to the unrestricted group of people of possibility of use of services of telecommunication without use of the user equipment of the subscriber;

28. 4) access point - the means of communication or set of means of communication which are intended for provision to the unrestricted group of people of possibility of use of services of telecommunication with use of the user equipment of the subscriber;

28. 5) point of exchange of traffic - set technical and software and (or) constructions of communication with which use the owner or other their owner provides opportunity for connection and the omission in invariable type of traffic between communication networks if the owner or other owner of communication networks has the unique identifier of set of means of communication and other technical means on the Internet;

29) traffic - the loading created by flow of the challenges, messages and signals arriving on means of communication;

30) universal communication services - communication services which rendering to any user communication services in all territory of the Russian Federation in the set time, with the established quality and for reasonable price is obligatory for operators of universal servicing;

31) management of communication network - set of the organizational and technical actions aimed at providing functioning of communication network, including regulation of traffic;

32) communication service - activities for acceptance, processing, storage, transfer, delivery of messages of telecommunication or mailings;

33) accession service - the activities directed to satisfaction of need of telecom operators, owners of communication networks of special purpose for the organization of interaction of networks of telecommunication in case of which there are possible establishment of connection and information transfer between users of the interacting networks of telecommunication;

34) service in traffic transmission - the activities directed to satisfaction of need of telecom operators for traffic transmission between the interacting networks of telecommunication;

34. 1) the content services - type of service of communication which are technology inseparably linked with services of mobile radiotelephone communication and are directed to increase in their consumer value (including services in provision to subscribers of opportunity to receive on the user (terminal) equipment in communication networks reference, entertaining and (or) other in addition paid information, to participate in vote, games, tenders and similar actions) and which cost of rendering is paid by the subscriber to the telecom operator with which at the subscriber the service provision agreement of communication is signed;

35) telecommunication - any the radiation, transfer or acceptance of signs, signals, voice information, the written text, images, sounds or messages of any sort on radio system, wire, optical and to other electromagnetic systems;

36) electromagnetic compatibility - capability of radio-electronic means and (or) high-frequency devices to function with the established quality in surrounding electromagnetic situation and not to create inadmissible radio interferences to other radio-electronic means and (or) high-frequency devices.

Article 3. Coverage of this Federal Law

1. This Federal Law governs the relations connected with creation and operation of all communication networks and constructions of communication, use of radio-frequency range, rendering services of telecommunication and mail service in the territory of the Russian Federation and in the territories which are under jurisdiction of the Russian Federation.

2. Concerning the telecom operators performing the activities outside the Russian Federation according to the right of foreign states, this Federal Law is applied only regarding regulation of working procedures and rendering communication services by them in the territories which are under jurisdiction of the Russian Federation.

3. The relations in the field of communication which are not settled by this Federal Law are regulated by other Federal Laws and other regulatory legal acts of the Russian Federation in the field of communication.

Article 4. The legislation of the Russian Federation in the field of communication

1. The legislation of the Russian Federation in the field of communication is based on the Constitution of the Russian Federation and consists of this Federal Law and other Federal Laws.

2. The relations connected with activities in the field of communication are regulated also by regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of federal executive bodies published according to them.

3. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Chapter 2. Activities bases in the field of communication

Article 5. Property on communication networks and means of communication

1. In the territory of the Russian Federation the organizations of communication are created and perform the activities on the basis of unity of economic space, in the conditions of the competition and variety of patterns of ownership. The state provides to the organizations communication irrespective of patterns of ownership equal conditions of the competition.

Communication networks and means of communication can be in federal property, property of subjects of the Russian Federation, municipal property, and also in property of citizens and legal entities.

The list of communication networks and means of communication which can be only in federal property is determined by the legislation of the Russian Federation.

Foreign investors can take part in privatization of property state and municipal unitary enterprises of communication on the conditions determined by the legislation of the Russian Federation.

2. Change of pattern of ownership on communication networks and means of communication is performed according to the procedure, stipulated by the legislation the Russian Federation, and it is allowed provided that such change obviously does not worsen functioning of communication networks and means of communication, and also does not infringe at the right of citizens and legal entities to use of communication services.

3. Only the Russian legal entities can be owners or other owners of the communication lines crossing Frontier of the Russian Federation.

Article 6. The organization of the activities connected with placement of constructions of communication and means of communication

1. In case of town-planning development planning of the territories and settlements, their building the structure and structure of objects of communication - communication constructions, including linearly - cable constructions, certain rooms for communication investment of funds, and also necessary capacities in engineering infrastructures for ensuring functioning of means of communication, including placement of communication networks in apartment houses shall be determined.

2. Public authorities of subjects of the Russian Federation and local government bodies assist the organizations of communication rendering universal communication services in the obtaining and (or) construction of constructions of communication and rooms intended for rendering universal communication services and also have the right to participate in realization of other actions directed to creation, development, operation of communication networks and constructions of communication in the territories of appropriate subjects of the Russian Federation, municipalities.

3. The organizations of communication for the agreement with the owner or other owner of buildings, support of power lines, contact networks of the railroads, Stolbov of support, bridges, collectors, tunnels, including tunnels of the subway, iron and highways and other engineering objects and technology platforms, and also branch strips, including strips of withdrawal of the railroads and highways, can perform on them construction, operation of means of communication and constructions of communication.

At the same time the owner or other owner of the specified real estate has the right to demand from the organization of communication proportional payment for use of this property if other is not provided by the Federal Laws.

If the real estate belonging to the citizen or the legal entity as a result of implementation of construction, operation of means of communication and constructions of communication cannot be used according to its appointment, the owner or other owner judicially has the right to require agreement cancelation with the organization of communication about use of this property.

4. In case of transfer or reorganization of communication lines and constructions of communication owing to construction, expansion of the territories of settlements, capital repairs, reconstruction of buildings, structures, constructions, roads and bridges, development of new lands, reorganizations of systems of melioration, development of mineral deposits and other needs are refunded to the telecom operator the expenses connected with such transfer or reorganization if other is not stipulated by the legislation about highways and about road activities.

Compensation can be performed by agreement of the parties in cash or by means of transfer or reorganization of communication lines and constructions of communication by the customer of construction at own expense according to regulatory legal acts and specifications issued by the organization of communication.

5. Telecom operators on paid basis have the right to place communication cables in linearly - cable constructions of communication regardless of accessory of these constructions.

Article 7. Protection of communication networks and constructions of communication

1. Communication networks and constructions of communication are under protection of the state.

2. Telecom operators and builders in case of construction and reconstruction of buildings, structures, constructions (including communication constructions), and also in case of creation of communication networks shall consider need of protection of means of communication and constructions of communication from unauthorized access to them.

3. Telecom operators in case of operation of communication networks and constructions of communication shall provide protection of means of communication and constructions of communication against unauthorized access to them.

Article 8. Registration of the property right and other corporeal rights to objects of communication

1. Communication constructions which are firmly connected with the earth and which movement without disproportionate damage to their appointment is impossible, including linearly - cable constructions of communication belong to real estate, state registration of the property right and other corporeal rights to which is performed according to the civil legislation.

2. The procedure for state registration of the property right and other corporeal rights to space objects of communication (communication satellites, including dual purpose) is established by the Federal Laws.

3. The transfer of property and other corporeal rights to space objects of communication does not involve transfer of the right to use orbital and frequency resource.

Article 9. Construction and operation of communication lines in the border territory of the Russian Federation and within the territorial sea of the Russian Federation

The procedure for construction and operation, including servicing, communication lines when crossing Frontier of the Russian Federation, in the border territory of the Russian Federation, in internal sea waters of the Russian Federation and in the territorial sea of the Russian Federation, including laying of cable and construction linearly - cable constructions, implementation construction and emergency recovery operations on underwater linearly - cable constructions of communication in the territorial sea of the Russian Federation, is determined by the Government of the Russian Federation.

Article 10. Earth of communication

1. According to the land legislation of the Russian Federation communications belong to lands the parcels of land provided for needs of communication in permanent (termless) or free use, lease or transferred on the right of limited use of others parcel of land (servitude) for construction and operation of constructions of communication.

2. Provision of the parcels of land to the organizations of communication, procedure (mode) for use of them, including establishments of conservation zones of communication networks and constructions of communication and creation of glades for placement of communication networks, the bases, conditions and procedure for withdrawal of these parcels of land are established by the land legislation of the Russian Federation.

Chapter 3. Communication networks

Article 11. Federal communication

1. Federal communication is formed by all organizations and state bodies performing and providing telecommunication and mail service in the territory of the Russian Federation.

2. The material basis of federal communication is constituted by single network of telecommunication of the Russian Federation and network of mail service of the Russian Federation.

Article 12. Single network of telecommunication of the Russian Federation

1. The single network of telecommunication of the Russian Federation consists of the networks of telecommunication of the following categories located in the territory of the Russian Federation:

communication network public;

the allocated communication networks;

the technology communication networks attached to communication network public;

communication networks of special purpose and other communication networks for information transfer by means of electromagnetic systems.

1.1. The procedure for preparation and use of resources of single network of telecommunication of the Russian Federation for ensuring functioning of significant objects of critical information infrastructure affirms the Government of the Russian Federation.

2. For the networks of telecommunication constituting single network of telecommunication of the Russian Federation, federal executive body in the field of communication:

determines procedure for their interaction;

depending on categories of communication networks (except for the communication networks of special purpose and also allocated and technology communication networks if they are not attached to general use communication network) establishes requirements to their designing, creation, operation, management of them or numberings, to the used means of communication, including for the purpose of ensuring activities of the emergency field services, to organizational technical supply of steady functioning of communication networks, including in emergency situations, protection of communication networks against unauthorized access to them and information transferred on them, to procedure for input of communication networks in operation;

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