Bayneth’s life through the prism of decrees 60 and 515

    In Belarus, 2010 was a year of changes in the regulation of the national segment of the Internet. Never before have so many decrees and laws been issued concerning Baynet. The most “high-profile” of them were decrees No. 60 and No. 515. How do innovations affect the lives of users and market players?



    Bynet legal regulation: how was it?

    The impact of legislative changes on ByNet has become the subject of discussion within the section “The legal field of ByNet. What's new?" at the conference "Business Internet". Representatives of the Presidential Operations and Analysis Center (OAC), the Ministry of Communications and Informatization, the Reliable Programs company (TUT.by portal) and the Alternative Digital Network Internet provider (Atlant Telecom and Shparki Damavik brands) took part in the discussion. ").

    Questions about the possibility of legislative regulation were raised on the "Business Internet" two or three years ago. But, as noted by Igor Sukach, director of the Alternative Digital Network company, deputy chairman of the Belinfocom association, then no one could imagine that this was possible. At that time in Belarus there were only laws on an electronic document, on electronic signatures and on banking law and related rights.

    How did Decree No. 60 affect Bayneth’s life?

    Decree No. 60 of February 1, 2010 “On measures to improve the use of the national segment of the Internet” entered into force a few months ago. And it is already possible to observe and evaluate how he changes the “rules of the game” that have developed in the Internet.

    According to Igor Sukach, opinions on this document in the Belinfocom Association were immediately ambiguous. But the authors of the document, when developing the by-laws, took into account the comments of experts and the Internet community and found compromise solutions. As a result, the implementation of the law in practice went quite smoothly.

    In discussing Decree No. 60, the legislature demonstrated a willingness to engage in dialogue and listen to the Internet community. And this is noted by many experts.

    The positive changes brought about by Decree No. 50, Yuri Zisser, CEO of TUT.by, include the beginning of the liquidation of Beltelecom’s monopoly, a focus on lowering Internet access tariffs, the appearance of copyright issues on the agenda, as well as the removal of liability from owners sites for user comments.

    But the minuses, according to Yuri Zisser, the document has enough. Among them, Zisser includes discrepancies and fuzzy formulations, late official comments, ambiguous by-laws. Decree No. 60 introduced the mandatory registration of users by subscriber devices, online resources and electronic stores. Internet cafes can now only be accessed by ID. State bodies and institutions have introduced mandatory Internet filtering. According to the expert, these changes should also be considered negative.

    How will Decree No. 515 affect the life of Baynet?

    Presidential Decree No. 515 “On Certain Measures for the Development of a Data Transmission Network in the Republic of Belarus” was signed on September 30, 2010. The document initiates the reform of the unified information network of Belarus.

    The innovation involves:

    • creating a unified republican data transmission network (URSPD)
    • creating a National Traffic Exchange Center (NTSOT)
    • appointing a single independent regulator - the JAC - which will develop the order and rules for the interaction of market players.

    The ERSPD will without fail include networks of government bodies, local executive bodies and state organizations. Also, all new or reconstructed networks will automatically be included in the ERSPD. Existing networks owned by private companies can be included in the ERSPD on a voluntary basis. It is assumed that the creation of a single infrastructure for all providers will lead to greater competition at the level of services and tariff plans.

    At the moment, even the officials themselves cannot give unambiguous interpretations of the concepts contained in the decree and explain the mechanism of action in practice. In this situation, it is difficult to talk about the consequences of innovations. The deputy head of the telecommunication department of the Ministry of Communications and Informatization Pavel Petrulevich considers innovations as a starting point for further development. OAC employee Sergey Kravtsov also believes that the settlement of legal relations will give impetus to a more active development of the Internet.

    And representatives of telecommunication companies, at the moment, seem to just want to understand how the rules of the decree will be implemented. There are a lot more questions at the moment than answers. Igor Sukach, representing one of the largest Internet providers in Belarus with 10 years of experience in the market and an association of information and communication technology organizations, expressed the proposal to the legislative bodies to attract Belinfoc more closely precisely at the stage of preparing documents, and not after their adoption.

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