It is registered
Ministry of Justice of Ukraine
October 14, 2013
No. 1754/24286
of September 24, 2013 No. 625
About approval of the Procedure for carrying out tenders or tenders for receipt of licenses to use radio-frequency resource of Ukraine and recognition voided decisions of the National commission performing state regulation in the sphere of communication and informatization of Ukraine of September 6, 2007 No. 911
According to article 30 of the Law of Ukraine "About radio-frequency resource of Ukraine" the National commission performing state regulation in the sphere of communication and informatization, RESHILA:
1. Approve the Procedure for carrying out tenders or tenders for receipt of licenses to use by radio-frequency resource of Ukraine which is applied.
3. To submit to department of regulation and licensing this decision on state registration to the Ministry of Justice of Ukraine.
4. This decision becomes effective from the date of its official publication.
Chairman of NKRSI
P. Yatsuk
Approved by the Decision of the National commission performing state regulation in the sphere of communication and informatization of Ukraine of September 24, 2013 No. 625
1.1. This Procedure is developed according to the Law of Ukraine "About radio-frequency resource of Ukraine" (further - the Law) and other regulatory legal acts governing the relations in the sphere of use of radio-frequency resource of Ukraine.
1.2. This Procedure determines the procedure of preparation and carrying out tenders or tenders (further - Tender) on receipt of licenses to use radio-frequency resource of Ukraine (further - RChR) if the declared need for RChR exceeds its actual availability.
1.3. The purpose of carrying out tenders is provision in use of strips, nominals of radio frequencies (further - Strips) on the competitive, transparent beginnings and providing for all subjects of managing of equal conditions of receipt of licenses.
1.4. The Tender subject (lot) the right to the license to use strip in certain regions. Conditions of use of strips which are exposed on tender are determined by Tender conditions.
Competition is held on each lot separately. For the purpose of reduction of time for carrying out and simplifications of procedures of tenders for the decision of the National commission performing state regulation in the sphere of communication and informatization it is allowed to carry out and draw up at the same time one protocol of the procedure of several tenders.
1.5. Competition is held based on the decision of NKRSI which will organize and provides its carrying out.
Makes the decision on carrying out Tender NKRSI depending on market appeal of Strips which are planned for licensing, features of the appropriate radio technology and saturation of the market by services which are planned to be provided with use of these Strips of radio frequencies.
If carrying out Tender became impossible under circumstances which do not depend on NKRSI, NKRSI can make the decision on cancellation of tender or transfer of its terms.
1.6. In this Procedure terms are used in the following values:
the applicant - the subject of managing who provided the notification on intention and set of documents for participation in tender;
tender - competitive method of provision in use of the Strip by which the winner determines the participant who satisfied all conditions of tender and offered the highest price for the corresponding Strip in the competitive offer;
competitive (tender) guarantee (further - the Guarantee) - money contribution in the amount of 10 percent from minimal cost of the Strip which is made by the applicant as instrument for ensuring of conscientiousness of observance of the obligations by it for carrying out Tender;
The competitive offer - the documents submitted by the applicant on participation in Tender;
Competitive documents - documents which are developed by NKRSI during preparation and carrying out Tender (tender condition, the work plan on carrying out Tender), protocols of the contest committee (further - the Commission), voting bulletins, and also Competitive offers;
step of increase in the price offer at the biddings "by ear" - difference between subsequent and previous price offers, provided by bidders "by ear";
starting price of the biddings "by ear" - the price with which the bidding for receipt of subject of the biddings (lot) begins;
the applicant for participation in Tender (further - the applicant) - the applicant who the decision of the Commission is recognized as the applicant;
the tender - competitive method of provision in use of the Strip by which the winner determines the participant who satisfied all conditions of the tender and offered the highest price for the corresponding Strip by results of the biddings "by ear";
the biddings "by ear" - tendering method when participants by voice serially offer the price for lot;
Konkurs's conditions (further - Conditions) the exhaustive list of requirements for the company in case of which accomplishment he is recognized the participant Konkursa. Conditions contain the Strip, the region of use, radio technology, minimal cost of lot, special conditions of use of certain strip which are specified further on the form of the license, the requirements to the list and document creation provided by the subject of managing for participation in Konkurs, license effective period, other features specific Konkursa including obligations which will rely on the winner Konkurs;
the participant Konkursa is the applicant who paid the Competitive guarantee compliance with this Procedure and the decision of the Commission it is allowed to participation in Konkurs;
the bidder "by ear" - the participant of the tender which is allowed by the decision of the Commission to participation in the biddings "by ear".
1.7. NKRSI can include the following requirements in Conditions:
by quantity of lots in the region and regions for which the applicant can apply and to be the declared winner Konkursa;
concerning regions and quantity of lots in the region which are exposed on tender;
on orientation on ensuring effective use of radio-frequency resource.
1.8. Tender includes the following stages: preparation of Tender, carrying out Tender and completion of Tender.
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The document ceased to be valid since September 22, 2017 according to item 4 of the Decision of the National commission performing state regulation in the sphere of communication and informatizatsiiukraina of 30.05.2017 No. 281