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

of December 27, 2012 No. 684

About approval of the Procedure of the state supervision of use of radio-frequency resource of Ukraine in bands of radio frequencies public and recognition by NKRS which voided some decisions

According to articles 14 and 18 of the Law of Ukraine "About radio-frequency resource of Ukraine", 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 performing state regulation in the field of communication and informatization, RESHILA:

1. Approve the Procedure of the state supervision of use of radio-frequency resource of Ukraine in bands of radio frequencies public which is applied.

2. Recognize invalid decisions of the National commission on questions of regulation of communication of Ukraine:

of October 27, 2006 No. 427 "About approval of the Procedure of the state supervision of use of radio-frequency resource of Ukraine in bands of radio frequencies public", registered in the Ministry of Justice of Ukraine on November 15, 2006 for No. 1204/13078;

of May 14, 2009 No. 1501 "About approval of Changes to the Procedure of the state supervision of use of radio-frequency resource of Ukraine in bands of radio frequencies public", registered in the Ministry of Justice of Ukraine on June 09, 2009 for No. 499/16515.

3. In accordance with the established procedure to submit to department of the state supervision this decision on state registration to the Ministry of Justice of Ukraine.

4. The 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 December 27, 2012 No. 684

Procedure of the state supervision of use of radio-frequency resource of Ukraine in bands of radio frequencies public

I. General provisions

1.1. This Procedure determines the procedure of implementation of the state supervision of use of radio-frequency resource of Ukraine (further - RChR) in bands of radio frequencies public and observance by the subjects of managing enabling the realization of radio-electronic means (further - RES) and the radiating devices (further - IU), requirements of the legislation of Ukraine concerning realization of RES and IU, including procedure for their marking (further - the state supervision).

1.2. The Ukrainian state center of radio frequencies (further - UGTsR) at the request of the Chairman of NKRSI takes part in implementation of the state supervision.

1.3. The main objectives of the state supervision is prevention, identification and elimination of violations of the law when using RChR.

1.4. The state supervision of compliance with law about RChR is exercised by the officials authorized by NKRSI within the powers determined by the legislation of Ukraine.

1.5. Object of the state supervision are activities of subjects of supervision in the field of use of radio-frequency resource.

Subjects of supervision are users of RChR in bands of radio frequencies public, their branches, other isolated structural divisions, subjects of managing which perform import from abroad, realization of RES and IU, and also legal entities and physical persons which use RChR without licenses to use RChR, of permissions to operate RES and IU if need of receipt by them of such licenses and permissions is provided by the Law of Ukraine "About radio-frequency resource of Ukraine".

1.6. NKRSI for ensuring accomplishment of the tasks of rather state supervision assigned to it:

receives free of charge from central and local executive bodies, local government bodies, documents, materials, the statistical and other information necessary for accomplishment of functions;

interacts in accordance with the established procedure with other public authorities, facilitative branches and services formed by the President of Ukraine and also with local government bodies, relevant organs of foreign states and the international organizations, the companies, organizations, the organizations;

involves specialists central and local executive bodies, scientific and research establishments, conformity assessment bodies (in coordination with their heads), radio fans to consideration of the questions relating to its powers.

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