of April 11, 2012 No. 295
About approval of Rules of provision and receipt of telecommunication services
According to part one of article 33 of the Law of Ukraine "About telecommunications" the Cabinet of Ministers of Ukraine decides:
1. Approve Rules of provision and receipt of telecommunication services which are attached.
2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 11, 2012 No. 295
1. These rules are developed according to the Laws of Ukraine "About telecommunications", "About television and broadcasting", "About radio-frequency resource of Ukraine", "About consumer protection", "About personal data protection", other regulatory legal acts and establish general procedure for provision and receipt of telecommunication services (further - services).
2. These rules govern the relations between operators, providers of telecommunications (further - operators, providers) and consumers of services (further - consumers).
3. In these rules terms are used in such value:
subscriber line of communication - the line of telecommunication network which connects final consumer equipment to switching system and consists of trunk, distribution communication lines and subscriber posting;
subscriber posting - part of subscriber line of communication from final consumer equipment to final cable-handling gears of distribution part of subscriber line (distribution box, cable box, etc.);
automated billing system for services (billing system) - set technical and software which perform functions on tariffing, calculation of payments for the provided services, forming of payment documents for subscribers, etc.;
abnormal intensity of challenges - the direction international and/or national (long-distance and local) challenges on network of other operators of telecommunications lasting more than one hour in the same direction;
shutdown of the final equipment - detachment of the final equipment from telecommunication network;
failure in servicing - failure in servicing of the final equipment of the subscriber through influence on computer system with intention to make computer resources unavailable to users for whom the computer system is intended (DoS attack);
global telecommunication service - service of telephone communication to which all subscribers of telephone network public have open entry and which is provided by codes of services 700, of 800, 900, etc.;
the service provision agreement (further - the agreement) - the bargain concluded between the consumer and the operator, provider according to which the operator, the provider shall provide to order the consumer services, and the consumer - them to pay (if another is not provided by the agreement);
additional broadcasting point of wire broadcasting (additional radio receiving station) - radio receiving station on which sound broadcasting moves from the main radio receiving station without limiter;
cycling of traffic - deliberate error of routing which leads to the direction of traffic in the opposite direction;
the consent of the consumer - the declaration of will expressed by the consumer by any method including making of actions by it which can be fixed by the equipment of the operator, provider (the voice, text message, use of signals of tone set, etc.);
connection - link establishment between the final equipment of subscribers for information exchange;
malicious challenges - the single, repeating or mass connections, including with telephone numbers of services of the emergency help, directory, customer services of the operator, provider, transmission of messages about carrying out shares, draws, tenders, provision of services, products, goods which were not ordered, messages with offers on replenishment of personal account which arrive not from the operator which cannot be stopped and which cause moral and/or material damage to the consumer and/or the operator, provider;
the action area of telephone exchange (substation) - the territory in which the consumer service delivery which assigns telephone number of such station (substation) is provided;
numbering zone - part of the territory on which final devices of telephone communication have single format of numbers and identical code of zone;
electronic code (identifier) of the final equipment - the code assigned by the vendor of technical means of telecommunications for unique identification of the final equipment (the international serial IMEI, ESN, MEID codes, etc.);
identification telecommunication card (further - identification card) - the means used for designation (identification) of the final equipment of the subscriber in telecommunication network (The SIM card, the USIM card, the R-UIM-card, etc.);
card of prepaid service - means for the order and advance payment of services which grants the right to the consumer on receipt of certain list and/or amount of services of the operator, provider within certain asset of such means;
account replenishment card - means of replenishment of personal account of the subscriber for fee of the operator, provider within certain asset of such means;
the coding - use of code devices and/or the software for restriction of open entry of subscribers to viewing of TV programs so that acceptance of signal became impossible without decoder;
convergence of telecommunication networks of the fixed and mobile (mobile) communication (further - convergence of networks) - joint use by operators, providers of telecommunications of elements of infrastructure and resources of telecommunication networks of the fixed and mobile (mobile) communication for provision of telecommunication services to consumers;
content service - information, help, custom, entertaining or other service, including by service code 900, which is provided by operators of telecommunications or operators, providers with use of telecommunication networks, technical means of telecommunications and is paid, in particular by write-off of funds from personal account of the subscriber, the consumer to operator, provider to networks and/or technical means of which the final equipment of the subscriber is connected;
network of TV and radio broadcasting - set of the technical means intended for ensuring transfer and broadcast of teleradio programs;
the network identifier of the consumer - individual set of digits and/or characters appropriated to the final equipment of the subscriber and/or the consumer in telecommunication network or the Internet;
long distance telephone communication - telephone communication within Ukraine between the consumers located in different zones of numbering or different local telephone networks;
the international telephone communication - telephone communication with the consumers located in the territory of other states;
the local telephone network - telecommunication network which is limited to the territory of one city of the area and provides the switched access to other telecommunication networks;
local telephone communication - telephone communication between the consumers located within one city, the area;
provision of services on the terms of further payment - possibility of the consumer to receive services with transferring of their payment for certain term according to the agreement;
unproductive traffic - the direction on telecommunication network of the operator of five and more challenges in minute which have zero duration and do not come to an end with provision of telecommunication services that leads to unproductive use of channel reservoir and negatively influences qualitative indexes of servicing of traffic;
unauthorized intervention in work and/or use of telecommunication networks - the actions fixed by the act of abuse of regulations of provision and receipt of telecommunication services also led to leakage, loss, counterfeit, blocking, misstatement or destruction of information; violation of procedure for routing of traffic of voice telephony; receipt of services is free or on rates below those that are established; distribution of computer viruses (harmful software); to refayl; abnormal intensity of challenges of unproductive traffic; to false or wrong answering machine; to cycling of traffic; to failure in servicing;
the main broadcasting point of wire broadcasting (the main radio receiving station) - radio receiving station on which sound broadcasting moves via the limiter;
the message to the consumer - the message which is sent to the consumer in any form;
service in Internet access - possibility of connection of final consumer equipment with the Internet;
service in data transmission - data exchange between the final equipment of subscribers with use of telecommunication networks;
services for requirements of television and broadcasting - the services provided by operators of telecommunications with use of networks of on-air TV and radio broadcasting, wire broadcasting and television networks;
services of on-air TV and radio broadcasting - maintenance and operation of technical means of radiation in air, transfer and broadcast of teleradio programs with use of constructions and communication lines to the specified means and/or broadcast of teleradio programs with use of such means;
services of mobile (mobile) communication - services which are provided by the operator of mobile (mobile) communication and during which receipt the final equipment of the subscriber can freely move within telecommunication network of such operator or his partner roaming with preserving subscriber number or the network identifier of the consumer;
The termination of provision of services (service) - the final termination by the operator, provider of provision to the consumer of one/several or all services owing to cancellation of the agreement or change of terms of the contract, and also in the cases provided by the Law of Ukraine "About telecommunications" and these rules;
damage of telecommunication network - loss of possibility of functioning of elements of telecommunication network which makes impossible provision to the consumer of services or reduces their quality to unacceptable values;
Item of collective use - the room where services with use of the means of communication (the final equipment) of the operator, provider and/or the final equipment of consumers (the automated public telephone booth, post office, Internet Item, etc.) placed in it are provided to consumers;
broadcasting point of wire broadcasting (radio receiving station) - the device to which connect loudspeaker for acceptance of radio programs;
refayl - change of type of traffic for the purpose of receipt of the maximum profit due to its routing on other settlement dachshund;
distribution network of wire broadcasting (broadcasting network) - complex of linear constructions (trunk and distribution feeder lines, subscriber lines, house distribution networks) providing distribution of programs of broadcasting;
roaming - the service providing opportunity to the subscriber of one operator of mobile (mobile) communication to receive services in network of other operator with preserving initial registration of the subscriber in telecommunication network of the operator;
partners of roaming are operators who signed the agreement on roaming;
communication session - process of provision and receipt of service from the moment of connection establishment before its completion;
Reducing the list of services - stop of provision by the operator, provider of services (service) for the period and in the cases provided by the Law of Ukraine "About telecommunications" and these rules with ensuring technical capability of renewal their provision to the subscriber;
Spam - electronic, text and/or multimedia messages which without prior consent (order) of the subscriber, the operator, provider intentionally and/or in large quantities go to their e-mail addresses or the final equipment, except messages of the operator, provider on provision of telecommunication services or public authorities in cases, stipulated by the legislation;
the coupled scheme of turning on of the final equipment of subscribers - method of turning on of the final equipment of two subscribers with two different subscriber numbers in one subscriber line in case of which connection is possible only in turn for each of them;
the payphone - the final equipment installed in places, free and available to consumers, equipped with the mechanism of acceptance of coins and/or payphone cards;
payphone card - means of payment which gives to the consumer the chance to receive services with use of payphones within certain asset of such means;
tariff unit (tariffing unit) of service - service volume unit (time duration (second, minute), amount of data (kilobyte, megabyte), the number of messages, communication sessions) on which tariffing is performed;
tariff plan - set of the offers offered the consumer by operator, provider concerning the cost, conditions and amount of provision of certain services;
the provided telephone connection room - the apartment house, the apartment, the room where the final equipment of the subscriber connected to local telephone network according to the agreement is installed;
telephone communication - telecommunication type for transfer of voice messages in real time with use of number resource of telephone network;
The paragraph the fifty first is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 20.09.2017 No. 703;
broadcasting (telebroadcasting) - transfer by means of land transmitters, cable television or satellites of any type in the coded or open format of TV or radio programs which are adopted by the population;
Wrong or false answering machine - use of the program device by means of which function with false tariffing of duration of challenges is implemented
members of the family of the subscriber - persons which are registered also live together with the subscriber in one premises;
service quality - set of consumer properties of service (continuity, availability, etc.) which determine its capability to satisfy needs of the consumer and are characterized by the established indicators.
4. The subject of managing acquires the right to implementation of activities in the field of telecommunications by giving in NKRSI of the notification on the beginning of implementation of activities in the field of telecommunications. Activities in the field of telecommunications which assume use limited (radio-frequency and/or number) resource, are performed after obtaining corresponding to the license and/or permissions (licenses and/or permissions) which need of obtaining is determined by the law.
The teleradio organizations which create or complete and/or pack teleradio programs and/or telebroadcasts and extend them by means of technical means of broadcasting, and the providers of program service giving to subscribers opportunity to browse software packages, using resources of multichannel television networks for transfer of such programs, shall have the corresponding licenses which are granted by National council concerning television and broadcasting according to the Law of Ukraine "About television and broadcasting".
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