ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 16, 2014 No. 1368

About procedure for receipt of prior consent of speakers of the national obligatory public TV channels and radio channels and speakers who acquired the right to implementation of on-air land broadcasting, to redistribution for other purposes of the strips of radio frequencies allocated to them

According to the Presidential decree of the Russian Federation of August 11, 2014 "About guarantees of distribution of TV channels and radio channels in the territory of the Russian Federation" the Government of the Russian Federation decides No. 561:

1. Approve the enclosed Rules of receipt of prior consent of speakers of the national obligatory public TV channels and radio channels and speakers who acquired the right to implementation of on-air land broadcasting, to redistribution for other purposes of the strips of radio frequencies allocated to them.

2. Add Item 8 of the Regulations on the State Commission on Radio Frequencies approved by the order of the Government of the Russian Federation of July 2, 2004 No. 336 "About approval of the Regulations on the State Commission on Radio Frequencies" (The Russian Federation Code, 2004, No. 28, Art. 2905; 2008, No. 5, Art. 403), paragraphs of the following content:

"The questions of allocation of strips of radio frequencies connected with redistribution for other purposes of strips of the radio frequencies allocated for implementation of on-air land broadcasting and radio land broadcast of TV channels, the Commission considers in the presence of prior consent of speakers of the national obligatory public TV channels and radio channels and speakers who acquired the right to implementation of on-air land broadcasting in the strip of radio frequencies planned to redistribution.

Decisions on the questions specified in the paragraph the second this Item are accepted by the Commission including taking into account conditions (in the presence) on which prior consent of speakers to redistribution of strips of radio frequencies is this. These conditions in full are reflected in the minutes of the Commission.

Statements for redistribution of strips of the radio frequencies allocated for on-air land broadcasting and radio land broadcast of TV channels, for other purposes, given without appendix of originals of the documents confirming prior consent of the speakers specified in the paragraph the second this Item to redistribution of strips of radio frequencies, and the original document confirming the consent of the applicant with conditions (in the presence) on which prior consent of speakers is this are not considered.".

Approved by the Order of the Government of the Russian Federation of December 16, 2014 No. 1368

Rules of receipt of prior consent of speakers of the national obligatory public TV channels and radio channels and speakers who acquired the right to implementation of on-air land broadcasting, to redistribution for other purposes of the strips of radio frequencies allocated to them

1. The legal entities or physical persons interested in use of strips of the radio frequencies allocated for implementation of on-air land broadcasting and radio land broadcast of TV channels for other purposes (further - applicants), send to speakers of the national obligatory public TV channels and radio channels and the speakers who acquired the right to implementation of on-air land broadcasting in the strip of radio frequencies planned to redistribution (further - speakers), request in any form of receipt of prior consent to such redistribution.

2. Speakers shall within 30 calendar days from the date of receipt of request of the applicant consider it and send to the applicant the document signed by sole executive body of the speaker or other authorized person confirming consent to redistribution of strips of radio frequencies with indication of (in the presence) conditions on which their consent, or the containing refusal in such consent with indication of causes of failure is this.

3. Decisions of speakers on prior consent to redistribution of strips of radio frequencies or refusal in such consent are accepted based on the written conclusion of the telecom operator performing radio analog and radio digital land broadcast of the national obligatory public TV channels and radio channels and radio digital land broadcast of the TV channels which acquired the right to implementation of on-air digital land broadcasting with use of line items in multiplexes about availability of technical capability and conditions of implementation of radio land broadcasting in strips of radio frequencies taking into account the planned redistribution.

The telecom operator specified in paragraph one of this Item represents the conclusion based on the written request of speakers within 20 calendar days from the date of receipt of such request.

4. In case of the appeal to the State Commission on Radio Frequencies with the statement for redistribution of strips of the radio frequencies allocated for on-air land broadcasting and radio land broadcast of TV channels for other purposes the applicant puts originals of the documents confirming prior consent of speakers to redistribution of strips of radio frequencies, and also the original document, confirming its consent with conditions (in the presence) on which prior consent of speakers is this.

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