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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 18, 2015 No. 782

About approval of the Regulations on procedure for provision of access in linearly - cable constructions of telecommunication and standard form of the contract for the right of placement and (or) operation of cables of telecommunication and modification of the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175)

According to item 4 of the Presidential decree of the Republic of Belarus of June 15, 2015 "About provision of access in linearly - cable constructions of telecommunication" the Council of Ministers of the Republic of Belarus DECIDES: No. 242

1. Approve enclosed:

Regulations on procedure for provision of access in linearly - cable constructions of telecommunication;

standard form of the contract for the right of placement and (or) operation of cables of telecommunication.

2. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175

3. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 18, 2015 No. 782

Regulations on procedure for provision of access in linearly - cable constructions of telecommunication

Chapter 1. General provisions

1. This Provision determines procedure for provision of access in linearly - cable constructions of telecommunication for placement and (or) operation of cables of telecommunication.

Action of this provision extends to the relations on provision of access in linearly - the cable constructions of telecommunication which are in state-owned property.

2. In this Provision the following terms and their determinations are applied:

the owner - the legal entity to whom linearly - cable constructions of telecommunication are assigned on the right of economic maintaining, operational management, or the joint-stock company created in the course of conversion republican or municipal unitary enterprise or republican state public association to which such constructions are transferred to free use;

the customer - the legal entity or the individual entrepreneur who addressed the owner for provision of access in linearly - cable constructions of telecommunication;

linearly - cable constructions of telecommunication - set of the underground pipelines and wells intended for laying, mounting and maintenance of cables of telecommunication;

provision of access in linearly - cable constructions of telecommunication - provision of the right of placement and (or) operation of cables of telecommunication in total the underground pipelines and wells intended for laying, mounting and maintenance of cables of telecommunication;

operation of cable of telecommunication - use of cable of telecommunication according to functional purpose, and also holding necessary organizational and technical actions for its maintenance and (or) repair.

3. Provision of access in linearly - cable constructions of telecommunication is guaranteed to any customer who addressed for receipt of such access according to requirements of this provision, other acts of the legislation.

The owner has no right to refuse to the customer provision of access in linearly - cable constructions of telecommunication, except as specified:

lack of technical capability for provision of access in linearly - cable constructions of telecommunication * on the sections requested by the customer linearly - cable constructions of telecommunication;

availability of debt of the customer on payment of service in provision of access in linearly - cable constructions of telecommunication under earlier signed agreement.

______________________________

* For the purposes of this provision technical capability for provision of access in linearly - cable constructions of telecommunication is understood as availability of the free area of the channel of the pipeline and (or) well linearly - cable constructions of telecommunication which are not busy with telecommunication cables.

Chapter 2. Procedure for provision of access in linearly - cable constructions of telecommunication

4. If other is not established by the legislation, provision to customers of access in linearly - cable constructions of telecommunication in case of construction, including reconstruction, lines of telecommunication is performed based on the contract between the customer and the owner for the right of placement and (or) operation of cables of telecommunication (further - the agreement) to which rules of the services agreement are applied.

5. The agreement is signed in the presence at the customer:

decisions of local executive and administrative organ on permission of carrying out design and exploration work and the construction including construction, including reconstruction, lines of telecommunication (further - the decision of local body);

specifications on carrying out design and exploration work and construction, including reconstruction, lines of telecommunication (further - specifications);

the project documentation on construction, including reconstruction, lines of telecommunication (further - the project documentation).

6. The owner represents to the customer or his authorized representative the admission to the engineering documentation necessary for development of the project documentation.

The admission to engineering documentation in the amount necessary for the customer, is performed after signing by the customer or his authorized representative of the confidentiality agreement.

The admission to the engineering documentation containing information constituting the state secrets, or other information which distribution is forbidden or limited is provided with compliance with law about the state secrets and about information, informatization and information protection.

The customer, his authorized representative bear the responsibility for illegal distribution and use of information containing in engineering documentation, including information which distribution is forbidden or limited according to the legislation established by the legislation.

7. After development of the project documentation for placement and (or) operation of cables of telecommunication the customer gratuitously provides to the owner the statement (vykopirovka) from such documentation reflecting the project scheme (route) of placement of cable (cables) of telecommunication in linearly - cable constructions of telecommunication.

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