Telecoms since January 1, 2010

    It seems that I did not see news on the hub about changes in the legal regulation of the telecommunications industry, I will try to fill this gap a little.

    In accordance with applicable law, the provision of paid communication services is licensed. There are several types of licenses, divided by the type of services provided: long-distance and international telephone services, local and intrazonal telephone services, transmission services other than for the transmission of voice information, data transmission services for the transmission of voice information, services for access to telematic services etc. Naturally, such a separation is not intuitive for users and inconvenient for telecom operators. Recently, opinions that it is necessary to switch from licensing of services to licensing of networks are getting louder. But such changes are not quickly made, and they are not expected in the short term.

    The license confirms the right of the telecom operator to provide services and defines the general conditions for their provision: the licensed territory, the list of services provided, the obligation to comply with the rules for the provision of services, connection of communication networks, distribution of the radio frequency spectrum and the provision of operational search measures.

    For the operation of each specific communication structure, the operator receives a Permission to operate the communication structure in the Department of Roskomnadzor in the relevant region. This Resolution defines the specific parameters of the communication structure: the type of equipment used, the number of installed ports, etc. A similar procedure is valid to the present, but the institute of registration of telecommunication networks should have come to replace it.

    In accordance with the Federal Law of the Russian Federation of February 9, 2007 N 14-ФЗ On Amendments to the Federal Law “On Communications”, the concept of network registration was introduced. The order was determined by by-laws, which were supposed to issue the Ministry of Communications. However, by-laws were not issued in due time and the entry into force of the law was already postponed once. According to the current version of the Federal Law “On Communication”, by January 1, 2010, all communication operators were required to obtain certificates of registration of their networks. But, since the registration of networks has not yet worked, there is a legal vacuum. If you follow the letter of the law, then from January 1, 2010 all telecom operators together will become violators and, formally, can be held accountable.

    What will happen next? There are three options for the development of events after January 1:
    1. No changes in the legislation will be adopted and the supervisory authorities will continue to continue to work according to Order No. 113, which determines the issuance of Permits for the operation of communication facilities. Of course, this decision is temporary and such a situation cannot exist for a long time.
    2. Postponement of compulsory registration for 2011. Option slightly better than the first.
    3. The transition from permitting to notification. That is, telecom operators during the construction of new communication networks and facilities will notify the supervisory authorities about the changes that have occurred on their networks, and not receive permission to operate. This is the most progressive and optimal development option. According to some evidence, it was precisely because of its discussion in the Ministry of Communications that the release of by-laws was delayed. This will allow telecom operators to build their networks faster and reduce bureaucratic barriers. Currently, for example, the construction of one base station for cellular communications takes place within one month, the execution of all permits can take up to a year and a half.

    PS This is a brief overview of the legal framework of telecom operators. In case there are questions, I can write about other issues.
    PPS Thank you for karma. Moved to Telecoms

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