THE DECISION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF COMMUNICATION AND INFORMATIZATION OF UKRAINE

of August 23, 2012 No. 428

About approval of Rules of provision in use of the cable sewerage of telecommunication and recognition invalid decisions of NKRS of 23.07.2009 No. 1607

According to Articles 18, 20, 66 Laws of Ukraine "About telecommunications", Regulations on the National commission performing state regulation in the field of communication and informatization, the approved Presidential decree of Ukraine of November 23, 2011 No. 1067, the National commission which performs state regulation in the field of communication and informatization, RESHILA:

1. Approve Rules of provision in use of the cable sewerage of telecommunication which are attached.

3. To submit to department of communication and Legal support department this decision on state registration to the Ministry of Justice of Ukraine.

4. This decision becomes effective from the date of its official publication.

Approved by the Decision of the National commission performing state regulation in the field of communication and informatization of Ukraine of August 23, 2012 No. 428

Rules of provision in use of the cable sewerage of telecommunication

I. General provisions

1. These rules determine provision conditions in use of the cable sewerage of telecommunication (further - KKE) operators, providers of telecommunications to other subjects of managing for own needs or provision of telecommunication services.

2. In these rules terms are used in the following values:

armoring of the place in KKE - service of the supplier which consists in fixing to the customer of the place in KKE channel for further use according to the issued specifications (further - TU) before signature date of the act of laying of cable, but no more effective period of TU;

use of KKE - service of the supplier in provision to the customer in use of the place in KKE channel on contractual conditions for certain term;

free reservoir of KKE - the free area of KKE channels/channels which is not reserved/is reserved available to use and is not provided by operator, provider of telecommunications for use in the next twelve months;

section of KKE - part of KKE between two or more viewing devices, two addresses, the coupling and the address, two couplings;

replacement of cable - replacement of the available cable of telecommunication of the customer by other cable having the same or other diameter and length on sections of KKE determined by the previous working project;

the customer - the subject of managing who receives at the supplier on a contract basis services in provision in use of KKE;

provision in use of KKE - possibility of laying of cables of communication in KKE channels by accomplishment of complex of organizational and technical actions for the purpose of interaction of telecommunication networks for own needs and/or provision of telecommunication services, including provision to the customer of services relatively:

developments and issues of TU;

approvals of the working project;

technical supervision by the supplier of KKE;

armorings of the place in KKE;

provisions of the place in KKE channel;

uses of KKE;

provision of the place in KKE channel - service of the supplier which consists in provision to the customer of the place in KKE channels/channels for the purpose of laying of cable of the customer

planned operational works - repair work and works on maintenance which purpose is reproduction of initial condition of wells, blocks of KKE channels and cables of telecommunication, including replacement of the existing cables laid by customers in KKE;

approval of the working project - complex of works which is carried out by the supplier for the purpose of determination of compliance of the developed project documentation by the issued TU;

unplanned operational works - the recovery repair work connected with accident elimination of cables of communication and cable couplings of customers, wells, channels/blocks of KKE channels;

the supplier - the operator, provider of telecommunications who are owners (owners) of KKE and on contractual conditions provide in use of KKE to customers for own needs or for provision of telecommunication services;

damages of KKE - the condition of KKE when the variation from normative condition which created accidents on telecommunication network takes place or creates premises for its origin;

reservation of the place in KKE - providing with the supplier during term up to sixty days of availability of free reservoir of KKE for possibility of laying by the customer of cable of telecommunication according to the issued TU. This term is reckoned from date of issue of TU to the customer;

the working day - each day of the week, except for the output, festive and non-working days established by the legislation;

development and issue of TU - complex of works on preparation and issue of basic data by the supplier for accomplishment by the customer of project works on laying of cables of communication in KKE channels, including viewing devices;

technical supervision - service of the supplier which consists in implementation by the representative (inspector) of the supplier of technical supervision of work of the customer or the contractor in KKE during the laying, dismantle, servicing of cables of communication and cable couplings.

Other terms are used in the values given in article 1 of the Law of Ukraine "About telecommunications".

II. Provision of requests about possibility of provision in use of KKE

1. For establishment of possibility of provision in use of KKE the customer has the right to make to the supplier inquiry about possibility of provision in use of KKE (further - request).

In request are specified by the applicant:

the name (surname, name, middle name), the location (residence) of the subject of managing, the EGRPOU code (for the legal entity), registration number of accounting card of the taxpayer or series and passport number (for physical persons which on the religious beliefs in accordance with the established procedure refused acceptance of registration number of accounting card of the taxpayer and officially notified on it relevant organ of the State Tax Service and have mark in the passport);

sections of KKE for whom laying of cables is planned (with indication of the outer diameter of cables), and in case of need installations on section of KKE of the coupling of cable of communication - its type,

details for the notification on drawing of the account.

The request is sent only for laying of one cable on one section of KKE.

According to the address of the customer the supplier shall provide the documents confirming the property right or ownerships to KKE.

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