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The document ceased to be valid since June 6, 2014 according to Item 3 of the Order of the Government of the Russian Federation of May 24, 2014 No. 480

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 12, 2006 No. 8

About approval of Rules of tendering (auction, tender) on receipt of the license for rendering communication services

(as amended on 12-01-2006)

In pursuance of article 31 of the Federal law "About Communication" Government of the Russian Federation decides:

1. Approve the enclosed Rules of tendering (auction, tender) on receipt of the license for rendering communication services.

2. Determine that:

the biddings (auction, tender) on receipt of the license for rendering communication services are carried out at the expense of the funds of the federal budget allocated to Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications for its content;

money, licenses for rendering communication services obtained from the winner of auction on obtaining, is enlisted in the income of the federal budget on the corresponding income code of budget classification of the Russian Federation.

3. Declare invalid the Order of the Government of the Russian Federation of June 10, 1998 N 578 "About approval of the Regulations on carrying out tender on receipt of licenses for activities, the cellular radiotelephone communication with use of radio frequencies connected with provision of services" (The Russian Federation Code, 1998, N 24, the Art. 2738).

Russian Prime Minister

M. Fradkov

Approved by the Order of the Government of the Russian Federation of January 12, 2006 No. 8

Rules of tendering (auction, tender) on receipt of the license for rendering communication services

I. General provisions

1. These rules determine procedure for the organization and tendering in the form of auction or tender (further - the biddings) in cases when according to article 31 of the Federal law "About Communication" licensing for rendering communication services for the territories with limited resources of communication network public or in the territory where the number of telecom operators is limited to possibility of use of available radio-frequency range (further - the license), is provided by results of the biddings.

These rules do not extend to the relations connected with receipt of the license for rendering communication services for the purposes of television broadcasting and broadcasting.

2. Subject of the biddings (lot) is the right to the license.

3. The organization of the biddings is performed by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (further - the organizer of the biddings).

4. The biddings are open.

5. When tendering it is not allowed:

a) creation of preferential conditions, including provision of access to confidential information, for participation of the individual or group of persons;

b) implementation by the organizer of the biddings of coordination of activities of bidders as a result of which restriction of the competition between participants or infringement of their interests takes or can take place;

c) unreasonable restriction of access to participation in the biddings.

6. The decision on tendering is made by the organizer of the biddings. At the same time it is necessary for adoption of such decision that:

a) The Federal Communications Agency determined that in the territory with limited resources of communication network public, including with limited resource of numbering, the number of telecom operators shall be limited. The Federal Communications Agency within 10 working days after date of establishment of such circumstances informs on it the organizer of the biddings with indication of the admissible number of telecom operators in the territory with limited resources of communication network public;

b) The State Commission on Radio Frequencies determined conditions of use of strip of radio frequencies and determined that available to rendering communication services within the declared technology (technologies) and the territory the radio-frequency range limits the possible number of telecom operators in this territory. The State Commission on Radio Frequencies within 3 working days informs the organizer of the biddings on the established circumstances.

7. In case of renewal or prolongation of effective period of the license granted by results of the biddings the new biddings are not carried out.

8. The auction in the form of auction on receipt of the license for rendering communication services in the territory with limited resources of communication network public is held in case of simultaneous availability of the following conditions:

a) the territory in which the numbering resource can be used is all territory of the Russian Federation;

b) the resource of numbering is intended for unambiguous determination (identification) of communication network within the Russian segment of the corresponding international communication network;

c) the possibility of use of resource of numbering does not depend on the scheme of creation of communication network and conditions of interaction with other communication networks. In other cases the auction on receipt of the license for rendering communication services in the territory with limited resources of communication network public is held in the form of tender.

9. The auction in the form of auction on receipt of the license for rendering communication services with use of radio-frequency range is held if the radio-frequency range with which use the service of communication will be rendered is not distributed to radio services and (or) is not used by radio-electronic means of any appointment, including the radio-electronic means used for needs of public administration (presidential communication, government communication, communication for needs of defense of the country, safety of the state and providing law and order), and (or) radio-electronic means of civil appointment.

In other cases the auction on receipt of the license for rendering communication services with use of radio-frequency range is held in the form of tender.

II. Organization of the biddings

10. The organizer of the biddings makes the decision on tendering on receipt of the license and determines tendering form according to Items 8 and 9 of these rules within 45 working days from the date of receipt of information on circumstances, stipulated in Item 6 these rules.

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