Public communication network. Unified telecommunication network: public communication network, dedicated communication networks What are public networks
Accepted
State Duma
June 18, 2003
Approved
Federation Council
June 25, 2003
(as amended by Federal Laws dated 08/22/2004 No. 122-FZ, dated 11/02/2004 No. 127-FZ, dated 05/09/2005 No. 45-FZ, dated 02/02/2006 No. 19-FZ, dated 03/03/2006 No. 32-FZ , dated July 26, 2006 No. 132-FZ, dated July 27, 2006 No. 153-FZ, dated December 29, 2006 No. 245-FZ, dated February 9, 2007 No. 14-FZ (as amended July 24, 2007), dated April 29, 2008 No. 58 -FZ, dated July 18, 2009 No. 188-FZ, dated February 14, 2010 No. 10-FZ, dated April 5, 2010 No. 41-FZ, dated June 29, 2010 No. 124-FZ, dated July 27, 2010 No. 221-FZ, dated February 7 .2011 No. 4-FZ, dated 02/23/2011 No. 18-FZ, dated 07/01/2011 No. 169-FZ, dated 07/11/2011 No. 193-FZ, dated 07/11/2011 No. 200-FZ, dated 07/18/2011 No. 242- Federal Law, dated 07.11.2011 N 303-FZ, as amended by Federal Law dated 23.12.2003 No. 186-FZ)
Chapter 1. GENERAL PROVISIONS
Article 1. Objectives of this Federal Law
The objectives of this Federal Law are:
creation of conditions for the provision of communication services throughout the Russian Federation;
promoting the introduction of promising technologies and standards;
protecting the interests of users of communication services and business entities operating in the field of communication;
ensuring effective and fair competition in the communications services market;
creating conditions for the development of Russian communications infrastructure, ensuring its integration with international communications networks;
ensuring centralized management of Russian radio frequency resources, including orbital frequency, and numbering resources;
creating conditions to ensure communications needs for government administration, national defense, state security and law enforcement.
Article 2. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) subscriber - a user of communication services with whom an agreement has been concluded for the provision of such services with the allocation of a subscriber number or a unique identification code for these purposes;
2) allocation of a radio frequency band - permission in writing to use a specific radio frequency band, including for the development, modernization, production in the Russian Federation and (or) import into the territory of the Russian Federation of radio-electronic equipment or high-frequency devices with certain technical characteristics;
3) high-frequency devices - equipment or devices intended for generating and using radio frequency energy for industrial, scientific, medical, household or other purposes, with the exception of applications in the field of telecommunications;
4) use of the radio frequency spectrum - possession of a permit to use and (or) actual use of a radio frequency band, radio frequency channel or radio frequency for the provision of telecommunication services and other purposes not prohibited by federal laws or other regulatory legal acts of the Russian Federation;
5) conversion of the radio frequency spectrum - a set of actions aimed at expanding the use of the radio frequency spectrum by radio-electronic equipment for civil purposes;
6) line-cable communication structures - engineering infrastructure facilities created or adapted for the placement of communication cables;
7) communication lines - transmission lines, physical circuits and line-cable communication structures;
8) installed capacity - a value characterizing the technological capabilities of a telecommunications operator to provide telecommunications services, connection services and traffic transmission services in a certain territory of the Russian Federation and measured by the technical capabilities of the equipment introduced into the telecommunications operator’s network;
9) numbering - digital, alphabetic, symbolic designation or combinations of such designations, including codes intended to uniquely determine (identify) the communication network and (or) its nodes or terminal elements;
10) user equipment (terminal equipment) - technical means for transmitting and (or) receiving telecommunication signals over communication lines, connected to subscriber lines and used by subscribers or intended for such purposes;
11) an operator that occupies a significant position in the public communications network - an operator that, together with its affiliates, has in a geographically defined numbering zone or throughout the entire territory of the Russian Federation no less than twenty-five percent of the installed capacity or has the ability to transmit at least twenty five percent of traffic;
12) telecom operator - a legal entity or individual entrepreneur providing communication services on the basis of an appropriate license;
13) universal service operator - a communications operator that provides communications services in the public communications network and which, in the manner prescribed by this Federal Law, is charged with the provision of universal communications services;
13.1) operator of mandatory public television channels and (or) radio channels - a communications operator who, on the basis of an agreement with a subscriber, provides communication services for the purposes of television broadcasting and (or) radio broadcasting (except for communication services for the purposes of wire radio broadcasting) and in accordance with this Federal Law is obliged to broadcast mandatory public television channels and (or) radio channels, the list of which is determined by the legislation of the Russian Federation on the media;
14) communications organization - a legal entity carrying out activities in the field of communications as the main type of activity. The provisions of this Federal Law regulating the activities of communications organizations apply accordingly to individual entrepreneurs carrying out activities in the field of communications as their main activity;
14.1) especially dangerous, technically complex communication structures - communication structures, the design documentation of which provides for such characteristics as a height from seventy-five to one hundred meters and (or) the depth of the underground part (in whole or in part) below the planning level of the ground from five to ten meters;
15) user of the radio frequency spectrum - a person to whom a radio frequency band is allocated or assigned (assigned) a radio frequency or radio frequency channel;
16) user of communication services - a person ordering and (or) using communication services;
17) assignment (assignment) of a radio frequency or radio frequency channel - permission in writing to use a specific radio frequency or radio frequency channel, indicating a specific radio-electronic device, the purposes and conditions of such use;
18) radio interference - the impact of electromagnetic energy on the reception of radio waves, caused by one or more emissions, including radiation, induction, and manifested in any deterioration in communication quality, errors or loss of information that could have been avoided in the absence of exposure to such energy;
19) radio frequency - the frequency of electromagnetic oscillations established to designate a single component of the radio frequency spectrum;
20) radio frequency spectrum - a set of radio frequencies within the limits established by the International Telecommunication Union that can be used for the operation of radio electronics or high-frequency devices;
21) radio-electronic means - technical means intended for transmitting and (or) receiving radio waves, consisting of one or more transmitting and (or) receiving devices or a combination of such devices and including auxiliary equipment;
22) distribution of radio frequency bands - determination of the purpose of radio frequency bands through entries in the Table of Allocation of Radio Frequency Bands between radio services of the Russian Federation, on the basis of which permission to use a specific radio frequency band is issued, as well as the conditions for such use are established;
23) numbering resource - a set or part of numbering options that can be used in communication networks;
24) communication network - a technological system that includes means and communication lines and is intended for telecommunications or postal communications;
25) modern functional equivalent of a communication network - a minimum set of modern communication means that ensures the quality and existing volume of services provided in the communication network;
26) has become invalid;
27) communication structures - engineering infrastructure objects (including line-cable communication structures) created or adapted for the placement of communication means, communication cables;
28) communication means - hardware and software used for generating, receiving, processing, storing, transmitting, delivering telecommunication messages or postal items, as well as other hardware and software used in providing communication services or ensuring the functioning of communication networks, including technical systems and devices with measuring functions;
28.1) TV channel, radio channel - a set of television, radio programs and (or) other audiovisual, sound messages and materials formed in accordance with the broadcasting network and published under a permanent name and with established frequency;
28.2) broadcast of television channels and (or) radio channels - reception and delivery to user equipment (terminal equipment) of a signal through which television channels and (or) radio channels are distributed, or reception and broadcasting of this signal;
29) traffic - the load created by the flow of calls, messages and signals arriving at communication facilities;
30) universal communication services - communication services, the provision of which to any user of communication services throughout the Russian Federation on time, with established quality and at an affordable price is mandatory for universal service operators;
31) communication network management - a set of organizational and technical measures aimed at ensuring the functioning of the communication network, including traffic regulation;
32) communication service - activities related to the reception, processing, storage, transmission, delivery of telecommunication messages or postal items;
33) interconnection service - an activity aimed at meeting the needs of telecom operators in organizing the interaction of telecommunication networks, in which it becomes possible to establish a connection and transfer information between users of interacting telecommunication networks;
34) traffic transmission service - activities aimed at meeting the needs of telecom operators to transmit traffic between interacting telecommunication networks;
35) telecommunications - any emission, transmission or reception of signs, signals, voice information, written text, images, sounds or messages of any kind via radio, wire, optical and other electromagnetic systems;
36) electromagnetic compatibility - the ability of radio-electronic equipment and (or) high-frequency devices to function with established quality in the surrounding electromagnetic environment and not create unacceptable radio interference to other radio-electronic equipment and (or) high-frequency devices.
Article 3. Scope of this Federal Law
1. This Federal Law regulates relations related to the creation and operation of all communication networks and communication facilities, the use of the radio frequency spectrum, the provision of telecommunications and postal services on the territory of the Russian Federation and in territories under the jurisdiction of the Russian Federation.
2. With regard to telecom operators operating outside the Russian Federation in accordance with the laws of foreign states, this Federal Law applies only to the extent of regulating the procedure for carrying out work and providing them with communication services in the territories under the jurisdiction of the Russian Federation.
3. Relations in the field of communications not regulated by this Federal Law are regulated by other federal laws and other regulatory legal acts of the Russian Federation in the field of communications.
Article 4. Legislation
1. The legislation of the Russian Federation in the field of communications is based on the Constitution of the Russian Federation and consists of this Federal Law and other federal laws.
2. Relations related to activities in the field of communications are also regulated by regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of federal executive authorities issued in accordance with them.
3. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.
Chapter 2. FUNDAMENTALS OF ACTIVITIES IN THE FIELD OF COMMUNICATIONS
Article 5. Ownership of communication networks and means of communication
1. On the territory of the Russian Federation, communication organizations are created and carry out their activities on the basis of the unity of the economic space, in conditions of competition and diversity of forms of ownership. The state provides communications organizations, regardless of their form of ownership, with equal conditions for competition.
Communication networks and communications facilities can be federally owned, owned by constituent entities of the Russian Federation, municipally owned, as well as owned by citizens and legal entities.
The list of communication networks and communications facilities that can only be in federal ownership is determined by the legislation of the Russian Federation.
Foreign investors can take part in the privatization of the property of state and municipal unitary communications enterprises under the conditions determined by the legislation of the Russian Federation.
2. A change in the form of ownership of communication networks and communication means is carried out in the manner prescribed by the legislation of the Russian Federation, and is permitted provided that such a change does not obviously impair the functioning of communication networks and communication means, and also does not infringe on the right of citizens and legal entities to use services communications.
Article 6. Organization of activities related to the placement of communication facilities and communications equipment
1. When urban planning the development of territories and settlements, their development, the composition and structure of communication facilities must be determined - communication structures, including line-cable structures, separate premises for placing communication equipment, as well as the necessary capacity in engineering infrastructures to ensure the functioning of communication equipment .
2. State authorities of the constituent entities of the Russian Federation and local self-government bodies of municipal districts and urban districts shall assist communication organizations providing universal communication services in obtaining and (or) constructing communication facilities and premises intended for the provision of universal communication services.
3. Organization of communications under an agreement with the owner or other owner of buildings, power line supports, railway contact networks, pole supports, bridges, collectors, tunnels, including subway tunnels, railways and highways and other engineering facilities and technological sites, and also right-of-way, including right-of-way of railways and highways, may carry out construction and operation of communications facilities and communication structures on them.
In this case, the owner or other possessor of the said real estate has the right to demand from the communications organization a proportionate fee for the use of this property, unless otherwise provided by federal laws.
If real estate owned by a citizen or legal entity cannot be used in accordance with its purpose as a result of the construction or operation of communications and communication facilities, the owner or other holder in court has the right to demand termination of the contract with the communications organization on the use of this property.
4. When transferring or rebuilding communication lines and communication structures due to construction, expansion of settlement territories, major repairs, reconstruction of buildings, structures, structures, roads and bridges, development of new lands, reconstruction of land reclamation systems, development of mineral deposits and other needs, the telecom operator is reimbursed expenses associated with such transfer or reconstruction, unless otherwise provided by the legislation on highways and road activities.
Compensation can be made by agreement of the parties in cash or through the transfer or reconstruction of communication lines and communication structures by the construction customer at his own expense in accordance with the technical specifications issued by the communication organization and standards.
5. Telecom operators, on a reimbursable basis, have the right to place communication cables in line-cable communication structures, regardless of the ownership of these structures.
Article 7. Protection of communication networks and communication facilities
1. Communication networks and communication facilities are under state protection.
2. Telecom operators and developers during the construction and reconstruction of buildings, structures, structures (including communication structures), as well as when constructing communication networks, must take into account the need to protect communication means and communication structures from unauthorized access to them.
3. When operating communication networks and communication facilities, communication operators are obliged to ensure the protection of communication facilities and communication facilities from unauthorized access to them.
Article 8. Registration of ownership and other proprietary rights to communication facilities
1. Communication structures that are firmly connected to the ground and the movement of which is impossible without disproportionate damage to their purpose, including line-cable communication structures, belong to real estate, state registration of ownership and other property rights to which is carried out in accordance with civil legislation . Features of state registration of ownership and other proprietary rights to line-cable communication structures are established by the Government of the Russian Federation.
2. The procedure for state registration of ownership and other proprietary rights to space communication objects (communication satellites, including dual-use ones) is established by federal laws.
3. The transfer of ownership and other proprietary rights to space communication objects does not entail the transfer of the right to use the orbital frequency resource.
Article 9. Construction and operation of communication lines on the border territory of the Russian Federation and within the territorial sea of the Russian Federation
The procedure for the construction and operation, including maintenance, of communication lines when crossing the State Border of the Russian Federation, on the border territory of the Russian Federation, in the internal sea waters of the Russian Federation and in the territorial sea of the Russian Federation, including cable laying and construction of line-cable structures, implementation of construction and emergency restoration work on underwater line-cable communication structures in the territorial sea of the Russian Federation is determined by the Government of the Russian Federation.
Article 10. Land connections
1. In accordance with the land legislation of the Russian Federation, communications lands include land plots provided for communications needs for permanent (indefinite) or free-term use, lease, or transferred under the right of limited use of someone else's land plot (easement) for the construction and operation of communications structures.
2. The provision of land plots to communication organizations, the procedure (regime) for their use, including the establishment of security zones of communication networks and communication structures and the creation of clearings for the placement of communication networks, the grounds, conditions and procedure for the seizure of these land plots are established by the land legislation of the Russian Federation. The sizes of such land plots, including land plots provided for the establishment of security zones and clearings, are determined in accordance with the norms for land allocation for the implementation of relevant types of activities, urban planning and design documentation.
Chapter 3. COMMUNICATION NETWORKS
Article 11. Federal communications
1. Federal communications are formed by all organizations and government bodies that carry out and provide telecommunications and postal services on the territory of the Russian Federation.
2. The material and technical basis of federal communications is the unified telecommunications network of the Russian Federation and the postal communications network of the Russian Federation.
Article 12. Unified telecommunication network of the Russian Federation
1. The unified telecommunication network of the Russian Federation consists of telecommunication networks of the following categories located on the territory of the Russian Federation:
public communications network;
dedicated communication networks;
technological communication networks connected to the public communication network;
special-purpose communication networks and other communication networks for transmitting information using electromagnetic systems.
2. For telecommunication networks that make up the unified telecommunication network of the Russian Federation, the federal executive body in the field of communications:
determines the procedure for their interaction, and in cases provided for by the legislation of the Russian Federation - the procedure for centralized management of the public communications network;
depending on the categories of communication networks (except for special-purpose communication networks, as well as dedicated and technological communication networks, if they are not connected to a public communication network), establishes requirements for their design, construction, operation, management or numbering, and the communication means used , organizational and technical support for the sustainable functioning of communication networks, including in emergency situations, protection of communication networks from unauthorized access to them and information transmitted through them, the procedure for putting communication networks into operation;
establishes, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements, mandatory metrological requirements for measurements performed during the operation of a public communication network, and for the measuring instruments used in order to ensure the integrity and stability of the functioning of the public communication network.
2.1. Requirements for the communication means used, their management, organizational and technical support for the sustainable functioning of communication networks, including in emergency situations, protection of communication networks from unauthorized access to them and information transmitted through them, the procedure for putting communication networks into operation are established in agreement with the federal government. executive authority in the field of security.
3. Communication operators of all categories of communication networks of the unified telecommunication network of the Russian Federation are obliged to create management systems for their communication networks that comply with the established procedure for their interaction.
Article 13. Public communication network
1. A public communications network is intended for the provision of paid telecommunications services to any user of communications services on the territory of the Russian Federation and includes telecommunication networks that are defined geographically within the service territory and numbering resource and not geographically defined within the territory of the Russian Federation and the numbering resource, and also communication networks, defined by the technology for implementing the provision of communication services.
2. A public communication network is a complex of interacting telecommunication networks, including communication networks for broadcasting television channels and (or) radio channels.
The public communications network has connections to the public communications networks of foreign countries.
Article 14. Dedicated communication networks
1. Dedicated communication networks are telecommunication networks intended for the provision of paid telecommunication services to a limited circle of users or groups of such users. Dedicated communication networks can interact with each other. Dedicated communication networks do not have connections to the public communication network, as well as to the public communication networks of foreign countries. Technologies and means of communication used to organize dedicated communication networks, as well as the principles of their construction, are established by the owners or other owners of these networks.
A dedicated communications network may be connected to a public communications network with transfer to the category of a public communications network if the dedicated communications network meets the requirements established for a public communications network. In this case, the allocated numbering resource is withdrawn and a numbering resource is provided from the numbering resource of the public communication network.
2. The provision of communication services by operators of dedicated communication networks is carried out on the basis of appropriate licenses within the territories specified therein and using the numbering assigned to each dedicated communication network in the manner established by the federal executive body in the field of communications.
Article 15. Technological communication networks
1. Technological communication networks are designed to support the production activities of organizations and manage technological processes in production.
Technologies and means of communication used to create technological communication networks, as well as the principles of their construction, are established by the owners or other owners of these networks.
2. If there are free resources of a technological communication network, part of this network can be connected to a public communication network with transfer to the category of a public communication network for the provision of paid communication services to any user on the basis of an appropriate license. Such affiliation is permitted if:
part of the technological communication network intended for connection to the public communication network may be technically, or programmatically, or physically separated by the owner from the technological communication network;
The part of the technological communication network connected to the public communication network meets the requirements for the functioning of the public communication network.
A part of a technological communication network connected to a public communication network is allocated a numbering resource from the numbering resource of a public communication network in the manner established by the federal executive body in the field of communications.
The owner or other possessor of a technological communication network, after connecting a part of this communication network to a public communication network, is obliged to keep separate records of the costs of operating the technological communication network and its part connected to the public communication network.
Technological communication networks can be connected to technological communication networks of foreign organizations only to ensure a single technological cycle.
Article 16. Special purpose communication networks
1. Special-purpose communication networks are intended for the needs of government administration, national defense, state security and law enforcement. These networks cannot be used for the provision of paid communication services, unless otherwise provided by the legislation of the Russian Federation.
2. Communications for the needs of public administration, including presidential communications, government communications, communications for the needs of national defense, state security and law enforcement are carried out in the manner prescribed by the legislation of the Russian Federation.
Providing communications for the needs of government bodies, including presidential communications, government communications, communications for the needs of national defense, state security and law enforcement, is an expenditure obligation of the Russian Federation.
3. The preparation and use of resources of the unified telecommunication network of the Russian Federation to ensure the functioning of special-purpose communication networks is carried out in the manner established by the Government of the Russian Federation.
4. Special-purpose communication network control centers ensure their interaction with other networks of the unified telecommunications network of the Russian Federation in the manner established by the federal executive body in the field of communications.
Article 17. Postal network
1. The postal network is a set of postal facilities and postal routes of postal operators that ensure the reception, processing, transportation (transfer), delivery (delivery) of postal items, as well as the implementation of postal money transfers.
2. Relations in the field of postal services are regulated by international treaties of the Russian Federation, this Federal Law and the federal law on postal services, other federal laws and other regulatory legal acts of the Russian Federation.
Chapter 4. CONNECTION OF TELECOMMUNICATION NETWORKSAND THEIR INTERACTION
Article 18. Right to connect telecommunication networks
1. Communication operators have the right to connect their telecommunication networks to the public communications network. The connection of one telecommunication network to another telecommunication network and their interaction are carried out on the basis of agreements concluded by telecommunication operators on the connection of telecommunication networks.
2. Public communication network operators, on the basis of agreements on the connection of telecommunication networks, are obliged to provide connection services to other communication operators in accordance with the rules for connecting telecommunication networks and their interaction, approved by the Government of the Russian Federation.
3. Agreements on the connection of telecommunication networks in accordance with the rules for the connection of telecommunication networks and their interaction, approved by the Government of the Russian Federation, must provide for:
rights and obligations of telecommunication operators when connecting telecommunication networks and their interaction;
obligations of operators occupying a significant position in the public communications network regarding connection in the event that a party to the agreement is an operator occupying a significant position in the public communications network;
essential conditions for connecting telecommunication networks and their interaction;
a list of interconnection services and traffic transmission services that an operator occupying a significant position in the public communications network is obliged to provide, as well as the procedure for their provision;
procedure for considering disputes between telecom operators on issues of connecting telecommunication networks and their interaction.
Unless otherwise provided by this Federal Law, prices for connection services and traffic transmission services are determined by the telecom operator independently, based on the requirements of reasonableness and good faith.
4. Disputes between telecom operators regarding the conclusion of agreements on the connection of telecommunication networks are considered in court.
Article 19. Requirements for the procedure for connecting telecommunication networks and their interaction with the telecommunication network of an operator occupying a significant position in the public communications network
1. The provisions of a public contract in relation to operators occupying a significant position in the public communications network are applied to the agreement on the connection of telecommunication networks, which defines the conditions for the provision of connection services, as well as the associated obligations for the interaction of telecommunication networks and the transmission of traffic. At the same time, consumers of connection services and traffic transmission services for the purposes of this article are public communication network operators.
An operator occupying a significant position in the public communications network, in order to ensure non-discriminatory access to the communications services market in similar circumstances, is obliged to establish equal conditions for connecting telecommunication networks and passing traffic for communications operators providing similar services, as well as provide information and services to these communications operators connection services and traffic transmission services on the same terms and of the same quality as for its structural divisions and (or) affiliates.
An operator that occupies a significant position in the public communications network in the territories of several constituent entities of the Russian Federation establishes the conditions for connecting telecommunication networks and transmitting traffic separately on the territory of each constituent entity of the Russian Federation.
2. The refusal of an operator occupying a significant position in the public communications network to conclude an agreement on the connection of telecommunication networks is not allowed, except in cases where the connection of telecommunication networks and their interaction contradicts the terms of licenses issued to telecommunication operators or regulatory legal acts defining construction and operation of a unified telecommunications network of the Russian Federation.
3. The procedure for connecting telecommunication networks and their interaction with the telecommunication network of an operator occupying a significant position in the public communication network, and its responsibilities when connecting telecommunication networks and interacting with telecommunication networks of other communication operators are determined in accordance with the rules approved by the Government of the Russian Federation.
Operators that occupy a significant position in the public communications network, based on the rules for connecting telecommunication networks and their interaction, establish conditions for connecting other telecommunication networks to their telecommunication network in terms of the use of network resources and traffic transmission, including general technical, economic, information conditions, as well as the conditions defining property relations.
The conditions for connecting telecommunication networks must include:
technical requirements relating to the connection of telecommunication networks;
volume, procedure and timing of work on connecting telecommunication networks and their distribution between interacting telecom operators;
the procedure for passing traffic through telecommunication networks of interacting telecom operators;
location of connection points of telecommunication networks;
list of connection services and traffic transmission services provided;
the cost of connection services and traffic transmission services and the payment procedure for them;
the order of interaction of telecommunication network management systems.
Operators that occupy a significant position in the public communications network, within seven days after establishing the conditions for connecting telecommunication networks, publish the specified conditions and send them to the federal executive body in the field of communications.
In the event that the federal executive body in the field of communications, independently or at the request of telecom operators, discovers a discrepancy between the conditions for connecting other telecommunication networks to the telecommunication network of an operator occupying a significant position in the public communications network, and the transmission of traffic through it with the rules specified in paragraph one of paragraph 3 of this article, or regulatory legal acts, the specified federal body sends to the operator occupying a significant position in the public communications network a reasoned order to eliminate these inconsistencies. This order must be accepted and implemented by the telecom operator who received it within thirty days from the date of its receipt.
The newly established conditions for connecting other telecommunication networks to the telecommunication network of the operator occupying a significant position in the public communications network and passing traffic through it are published by the operator occupying a significant position in the public communications network and are sent to the federal executive body in the field of communications in the manner provided for in this article.
When putting into operation new communication means, introducing new technological solutions in its telecommunication network, decommissioning or upgrading outdated communication means, which significantly affects the conditions for connecting other telecommunication networks and passing traffic through the telecommunication network of an operator that occupies a significant position in the general communication network use, the specified telecommunications operator has the right to establish new conditions for connecting other telecommunication networks to its network in the manner prescribed by this article. At the same time, the conditions for connecting telecommunication networks cannot change more than once a year.
4. An operator occupying a significant position in the public communications network shall consider the communications operator’s requests for concluding an agreement on the connection of telecommunication networks within a period not exceeding thirty days from the date of receipt of such an application. An agreement on the connection of telecommunication networks is concluded in writing by drawing up one document in accordance with civil law, signed by the parties, within a period not exceeding ninety days from the date of receipt of the application. Failure to comply with the form of such an agreement entails its invalidity.
5. The federal executive body in the field of communications maintains and publishes a register of operators occupying a significant position in the public communications network.
6. The federal executive body in the field of communications is obliged to consider requests from telecommunications operators on issues of connecting telecommunication networks and their interaction within sixty days from the date of receipt of these requests and publish the decisions taken on them.
In case of failure of the operator occupying a significant position in the public communications network to comply with the instructions of the federal executive body in the field of communications on issues of connection of telecommunication networks and their interaction, as well as evasion of the operator occupying a significant position in the public communications network from concluding an agreement on interconnection telecommunication networks, the other party has the right to go to court with a demand to compel the conclusion of an agreement on the connection of telecommunication networks and compensation for losses caused.
Article 19.1. Features of connecting communication networks of operators of mandatory public television channels and (or) radio channels and their interaction with communication networks for broadcasting television channels and (or) radio channels
1. The operator of compulsory public television channels and (or) radio channels has the right to choose, at its discretion, one of the following methods of receiving a signal through which compulsory public television channels and (or) radio channels are broadcast:
reception of a signal transmitted by radio-electronic means of a telecom operator carrying out on-air broadcasts of mandatory public television channels and (or) radio channels (hereinafter referred to as the signal source), without concluding an agreement on connecting communication networks for broadcasting television channels and (or) radio channels;
connecting your communication network to the communication network for broadcasting TV channels and (or) radio channels of another telecom operator. Such connection is carried out in the manner established by this Federal Law and other regulatory legal acts of the Russian Federation adopted in accordance with it.
2. The operator of compulsory public television channels and (or) radio channels, before the start of broadcasting such channels, is obliged to agree with the person who, in accordance with the established procedure, carries out the activities of television broadcasting and (or) radio broadcasting of the compulsory public television channel and (or) radio channel (hereinafter referred to as the broadcaster of the compulsory public television channel and (or) radio channel), depending on the selected signal reception method:
location of the signal source in the case specified in paragraph two of paragraph 1 of this article;
location of the point of connection of communication networks for broadcasting television channels and (or) radio channels in the case specified in paragraph three of paragraph 1 of this article.
To carry out such approval, the operator of compulsory public television channels and (or) radio channels (hereinafter referred to as the applicant operator) sends to each broadcaster of the compulsory public television channel and (or) radio channel an application in free form, which must indicate:
the territory in which the applicant operator intends to broadcast mandatory public television channels and (or) radio channels;
information about the telecom operator and the location of its signal source or information about the telecom operator to whose network connection can be made, and the location of the point of connection of communication networks for broadcasting TV channels and (or) radio channels.
The application can be sent in any way that allows you to confirm the fact that the application was sent.
3. Within thirty calendar days from the date of receipt of the application of the applicant operator, the broadcaster of a compulsory public television channel and (or) radio channel is obliged to consider the application of the applicant operator for approval of the location of the signal source chosen by him or the point of connection of communication networks for broadcasting television channels and (or) radio channels and send the applicant operator a notice of such approval or refusal of such approval, indicating the reason for the refusal.
In a notice of refusal of such approval, the broadcaster of a compulsory public television channel and (or) radio channel is obliged to offer the applicant operator another location of the signal source or point of connection of communication networks for broadcasting television channels and (or) radio channels accessible to the applicant operator.
4. The broadcaster of a compulsory public television channel and (or) radio channel has the right to refuse to approve the location of the signal source or connection point of communication networks chosen by the applicant operator for broadcasting television channels and (or) radio channels only if, through a signal received at the connection point specified in the application or from the signal source specified in the application, the broadcast of a mandatory public television channel and (or) radio channel, the content of which is intended for the territory in which the applicant operator intends to broadcast such a television channel and (or) radio channel, is not provided.
Article 19.2. Terrestrial broadcast of mandatory public television channels and (or) radio channels
1. Terrestrial broadcasting of compulsory public television channels and (or) radio channels is carried out by communication operators on the basis of contracts for the provision of communication services for the purposes of television broadcasting and (or) radio broadcasting concluded with broadcasters of compulsory public television channels and (or) radio channels in compliance with the provisions of Article 28 of this Federal Law.
2. Communication operators carrying out on-air terrestrial broadcasts of all-Russian mandatory public television channels and (or) radio channels are determined by the President of the Russian Federation.
Article 20. Prices for connection services and traffic transmission services provided by operators occupying a significant position in the public communications network
1. Prices for connection services and traffic transmission services provided by operators occupying a significant position in the public communications network are subject to state regulation. The list of connection services and traffic transmission services, prices for which are subject to state regulation, as well as the procedure for their regulation, is established by the Government of the Russian Federation.
The size of state-regulated prices for interconnection services and traffic transmission services provided by operators occupying a significant position in the public communications network should help create conditions for the reproduction of a modern functional equivalent of the part of the telecommunications network that is used as a result of the additional load created by the network of the interacting telecommunications operator, as well as reimburse the costs of operating maintenance of the used part of the telecommunications network and include a reasonable rate of profit (profitability) from the capital used in the provision of these services.
2. Operators occupying a significant position in the public communications network are required to keep separate records of income and expenses for the types of activities carried out, the communications services provided and the parts of the telecommunications network used to provide these services.
The procedure for maintaining such separate records in cases established by this Federal Law is determined by the federal executive body in the field of communications.
Chapter 5. STATE REGULATION OF ACTIVITIESIN THE FIELD OF COMMUNICATIONS
Article 21. Organization of state regulation of activities in the field of communications
1. State regulation of activities in the field of communications in accordance with the Constitution of the Russian Federation and this Federal Law is carried out by the President of the Russian Federation, the Government of the Russian Federation, the federal executive body in the field of communications, as well as within the competence of other federal executive bodies.
The Government of the Russian Federation establishes the powers of the federal executive body in the field of communications.
2. Federal executive body in the field of communications:
carries out functions for the development of state policy and legal regulation in the field of communications;
on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, independently carries out legal regulation in the field of communications and information, with the exception of issues whose legal regulation is in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation is carried out exclusively by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;
interacts on issues and in the manner established by federal laws with self-regulatory organizations in the field of communications created in accordance with the legislation of the Russian Federation (hereinafter referred to as self-regulatory organizations);
performs the functions of the communications administration of the Russian Federation in the implementation of international activities of the Russian Federation in the field of communications;
has the right to request from communication operators information related to the provision of communication services for the needs of national defense, state security and law enforcement, including on the technological capabilities of the communication operator to provide communication services, on the prospects for the development of communication networks, on tariffs for communication services, as well as send to telecom operators that have entered into a state contract for the provision of communication services for the needs of national defense, state security and law enforcement, mandatory instructions in connection with these contracts.
3. Lost power.
4. For the purposes of applying the Federal Law “On the procedure for making foreign investments in business entities of strategic importance for ensuring the defense of the country and the security of the state,” an economic entity occupying a dominant position in the market for mobile radiotelephone communications services is a telecommunications operator whose share is established by the antimonopoly authority in this market within the geographical boundaries of the Russian Federation exceeds twenty-five percent.
Article 22. Regulation of the use of the radio frequency spectrum
1. Regulation of the use of the radio frequency spectrum is the exclusive right of the state and is ensured in accordance with international treaties of the Russian Federation and the legislation of the Russian Federation through economic, organizational and technical measures related to the conversion of the radio frequency spectrum and aimed at accelerating the implementation of promising technologies and standards, ensuring effective use radio frequency spectrum in the social sphere and economy, as well as for the needs of public administration, national defense, state security and law enforcement.
2. In the Russian Federation, regulation of the use of the radio frequency spectrum is carried out by the interdepartmental collegial body on radio frequencies under the federal executive body in the field of communications (hereinafter referred to as the state commission on radio frequencies), which has full powers in the field of regulation of the radio frequency spectrum.
The regulations on the state commission for radio frequencies and its composition are approved by the Government of the Russian Federation.
The regulations on the state commission on radio frequencies should establish the procedure for the distribution of radio frequencies. This provision must contain, in particular, the procedure for making decisions by the state commission on radio frequencies and the composition of the said commission with the participation of representatives of all interested federal executive authorities.
If a representative of one of these bodies has an interest in resolving an issue being considered by the commission that may affect the objectivity of the decision, the said representative does not participate in voting.
3. Organizational and technical measures to ensure the proper use of radio frequencies or radio frequency channels and corresponding radio-electronic equipment or high-frequency devices for civil purposes in pursuance of decisions of the state commission on radio frequencies are carried out by a specially authorized service for ensuring regulation of the use of radio frequencies and radio-electronic equipment under the federal executive body in the field of communications (hereinafter referred to as the radio frequency service), the regulations of which are approved by the Government of the Russian Federation.
4. The use of the radio frequency spectrum in the Russian Federation is carried out in accordance with the following principles:
permitting procedure for user access to the radio frequency spectrum;
bringing the distribution of radio frequency bands and the conditions for their use in the Russian Federation closer to the international distribution of radio frequency bands;
the right of access of all users to the radio frequency spectrum, taking into account state priorities, including the provision of radio frequency spectrum to the radio services of the Russian Federation in order to ensure the safety of citizens, ensuring presidential communications, government communications, national defense and state security, law and order, environmental safety, prevention of man-made emergencies ;
payment for the use of the radio frequency spectrum;
inadmissibility of indefinite allocation of radio frequency bands, assignment of radio frequencies or radio frequency channels;
radio frequency spectrum conversion;
transparency and openness of procedures for the allocation and use of the radio frequency spectrum.
5. Communication means, other radio-electronic equipment and high-frequency devices that are sources of electromagnetic radiation are subject to registration. The list of radio-electronic equipment and high-frequency devices subject to registration and the procedure for their registration are determined by the Government of the Russian Federation.
Ship radio stations used on sea vessels, inland navigation vessels, mixed (river - sea) navigation vessels, onboard radio stations used on aircraft are not subject to registration and are used on the basis of permits for ship radio stations or permits for onboard radio stations. The issuance of permits for ship radio stations or permits for on-board radio stations, approval of the form of such permits and the procedure for their issuance are carried out by the authorized Russian Government. Federation is a federal executive body.
Radio-electronic equipment used for individual reception of signals from TV channels and (or) radio channels, personal radio call signals (radio pagers), electronic products for household use and personal radio navigation equipment that do not contain radio-emitting devices are used on the territory of the Russian Federation, subject to the restrictions provided for by the legislation of the Russian Federation and are not subject to registration.
The use of radio-electronic equipment and high-frequency devices subject to registration in accordance with this article without registration is not permitted.
Article 23. Allocation of radio frequency spectrum
1. The distribution of the radio frequency spectrum is carried out in accordance with the Table for the distribution of frequency bands between radio services of the Russian Federation and the plan for the long-term use of the radio frequency spectrum by radio electronic means, which are developed by the State Commission on Radio Frequencies and approved by the Government of the Russian Federation.
2. The revision of the Table of distribution of frequency bands between radio services of the Russian Federation is carried out at least once every four years, and the plan for the long-term use of the radio frequency spectrum by radio-electronic means - at least once every ten years.
Once every two years, the State Commission on Radio Frequencies considers proposals from self-regulatory organizations and individual telecom operators to revise the Table of Distribution of Frequency Bands between Radio Services of the Russian Federation and the plan for the long-term use of the radio frequency spectrum by radio electronic means.
3. The radio frequency spectrum includes the following categories of radio frequency bands:
preferential use of radio-electronic means used for the needs of government administration, including presidential communications, government communications, national defense needs, state security and law enforcement;
preferential use of radio-electronic equipment for civilian purposes;
joint use of radio-electronic equipment for any purpose.
4. For users of the radio frequency spectrum, a one-time fee and an annual fee for its use are established in order to provide a system for monitoring radio frequencies, converting the radio frequency spectrum and financing activities for the transfer of existing radio electronic equipment to other radio frequency bands.
The procedure for establishing the amounts of a one-time fee and an annual fee, the collection of such fees, its distribution and use is determined by the Government of the Russian Federation based on the fact that the sizes of a one-time fee and an annual fee should be established differentially depending on the radio frequency ranges used, the number of radio frequencies and the technologies used.
Article 24. Allocation of radio frequency bands and assignment (assignment) of radio frequencies or radio frequency channels
1. The right to use the radio frequency spectrum is granted through the allocation of radio frequency bands and the assignment (assignment) of radio frequencies or radio frequency channels.
The use of the radio frequency spectrum without appropriate permission is not permitted, unless otherwise provided by this Federal Law.
2. In the radio frequency bands of the categories of shared use of radio-electronic equipment for any purpose and the predominant use of radio-electronic equipment for civil purposes, the allocation of radio frequency bands for radio-electronic equipment of any purpose, and in the radio frequency bands of the category of the predominant use of radio-electronic equipment used for the needs of public administration, the allocation of radio frequency bands for radio-electronic equipment for civil purposes is carried out by the state commission on radio frequencies, taking into account the conclusions on the possibility of such allocation, presented by members of the state commission on radio frequencies.
In the radio frequency bands of the category of primary use of radio-electronic equipment used for the needs of government administration, the allocation of radio frequency bands for radio-electronic equipment providing presidential communications, government communications, national defense, state security and law enforcement is carried out in the Russian Federation by a specially authorized federal executive body in the region government communications and information and the federal executive body in the field of defense.
The allocation of radio frequency bands is carried out for ten years or a shorter stated period. At the request of the user of the radio frequency spectrum, this period may be increased or decreased by the authorities that allocated the radio frequency band.
The right to use radio frequency bands granted in accordance with this article cannot be transferred by one user of the radio frequency spectrum to another user without a decision of the state commission on radio frequencies or the body that granted this right.
3. The assignment (assignment) of a radio frequency or a radio frequency channel for radio-electronic equipment for civil purposes is carried out by the federal executive body in the field of communications on the basis of applications from citizens of the Russian Federation or applications from Russian legal entities, taking into account the results of the examination carried out by the radio frequency service of the possibility of using the declared radio-electronic equipment and their electromagnetic compatibility with existing and planned radio-electronic equipment (expertise of electromagnetic compatibility). Decisions on the assignment (assignment) of a radio frequency or radio frequency channel for radio-electronic equipment for civil purposes, as well as on other requests from citizens, must be made by the federal executive body in the field of communications no later than thirty-five working days from the date of the request.
Information about the adoption of the relevant decision is posted on the official website of the federal executive body in the field of communications on the Internet information and telecommunications network within five working days from the date of adoption of the relevant decision.
A permit to use radio frequencies or radio frequency channels must be prepared by the federal executive body in the field of communications within twenty working days from the date of adoption of the relevant decision.
The assignment (assignment) of a radio frequency or radio frequency channel for radio-electronic equipment used for the needs of government administration, including presidential communications, government communications, the needs of national defense, state security and law enforcement, is carried out by a specially authorized federal executive body in the field of government communications and information and the federal executive body in the field of defense.
The assignment (assignment) of a radio frequency or radio frequency channel is carried out for ten years or a shorter declared period. The term of assignment (assignment) of a radio frequency or radio frequency channel for an orbital frequency resource can be increased taking into account the guaranteed service life of space objects used for the creation and operation of communication networks.
Permits for ship radio stations provided for in paragraph two of clause 5 of Article 22 of this Federal Law are issued taking into account the conclusions of the radio frequency service on the compliance of ship radio stations with the requirements of international treaties of the Russian Federation and the requirements of the legislation of the Russian Federation in the field of communications.
4. Lost power.
5. The procedure for conducting electromagnetic compatibility examinations, reviewing materials and making decisions on the allocation of radio frequency bands and the assignment (assignment) of radio frequencies or radio frequency channels within the allocated radio frequency bands, as well as re-issuing such decisions or making changes to them, is established and published by the state commission on radio frequencies.
6. The assignment (assignment) of a radio frequency or radio frequency channel may be changed in the interests of meeting the needs of government administration, including presidential communications, government communications, the needs of national defense, state security and law enforcement, with compensation to owners of radio-electronic equipment for losses caused by a change in radio frequency or radio frequency channel.
A forced change by the federal executive body in the field of communications of the radio frequency or radio frequency channel of a user of the radio frequency spectrum is permitted only in order to prevent a threat to human life or health and ensure the security of the state, as well as for the purpose of fulfilling obligations arising from international treaties of the Russian Federation. Such a change may be appealed by the user of the radio frequency spectrum in court.
7. Refusal to allocate radio frequency bands for civil radio electronic equipment to users of the radio frequency spectrum is permitted on the following grounds:
non-compliance of the declared radio frequency band with the Table of distribution of frequency bands between radio services of the Russian Federation;
non-compliance of the radiation and reception parameters of the declared radio-electronic equipment with the requirements, norms and national standards in the field of ensuring electromagnetic compatibility of radio-electronic equipment and high-frequency devices;
a negative conclusion on the possibility of allocating radio frequency bands, presented by one of the members of the state commission on radio frequencies.
8. Refusal to assign (assign) radio frequencies or a radio frequency channel to users of the radio frequency spectrum for radio-electronic equipment for civil purposes is permitted on the following grounds:
lack of documents for confirmation of conformity for radio-electronic equipment declared for use in cases where such confirmation is mandatory;
non-compliance of the declared activities in the field of communications with the requirements, norms and rules established for this type of activity;
negative conclusion of the electromagnetic compatibility examination;
negative results of the international procedure for coordinating the use of a radio frequency assignment, if such a procedure is provided for by the Radio Regulations of the International Telecommunication Union and other international treaties of the Russian Federation.
9. Refusal to assign (assign) radio frequencies or radio frequency channels for radio-electronic equipment used for the needs of government administration, including presidential communications, government communications, the needs of national defense, state security and law enforcement, is carried out in the manner determined by a specially authorized federal body the executive branch in the field of government communications and information and the federal executive branch in the field of defense.
10. In the event of a violation of the conditions established when allocating a radio frequency band or assigning (assigning) a radio frequency or a radio frequency channel, permission to use the radio frequency spectrum by users of the radio frequency spectrum for radio electronic equipment for civil purposes may be suspended by the body that allocated the radio frequency band or assigned (assigned) the radio frequency or a radio frequency channel in accordance with paragraphs 2 and 3 of this article for the period necessary to eliminate this violation, but not more than ninety days.
11. The permission to use the radio frequency spectrum is terminated out of court or the validity period of such permission is not extended for the following reasons:
radio frequency spectrum user statement;
cancellation of the license to carry out activities in the field of provision of communication services, if such activities are related to the use of the radio frequency spectrum;
expiration of the period specified when assigning (assigning) a radio frequency or radio frequency channel, if this period was not extended in the prescribed manner or if an application for its extension was not submitted in advance, at least thirty days in advance;
use of radio-electronic equipment and (or) high-frequency devices for illegal purposes that harm the interests of the individual, society and the state;
failure by the user of the radio frequency spectrum to comply with the conditions established in the decision on the allocation of a radio frequency band or the assignment (assignment) of a radio frequency or radio frequency channel;
failure by the user of the radio frequency spectrum to pay for its use within thirty days from the date of the established payment deadline;
liquidation of a legal entity that was issued permission to use the radio frequency spectrum;
failure to eliminate the violation that served as the basis for suspension of permission to use the radio frequency spectrum;
failure by the successor of the reorganized legal entity to comply with the requirement established by paragraphs 15 and 16 of this article to re-register the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels;
adoption by the State Commission on Radio Frequencies of a reasoned decision to terminate the use of radio frequency bands specified in the decision of the State Commission on Radio Frequencies, with compensation to the owner of radio-electronic equipment for losses caused by the early termination of the decision on the allocation of radio frequency bands.
12. If the documents submitted by the applicant contain unreliable or distorted information that influenced the decision to allocate a radio frequency band or assign (assign) a radio frequency or radio frequency channel, the body that allocated the radio frequency band or assigned (assigned) the radio frequency or radio frequency channel has the right to apply to the court with a demand for termination or non-extension of the permit to use the radio frequency spectrum.
13. If the permission to use the radio frequency spectrum is terminated or suspended, the fee paid for its use will not be returned.
14. When reorganizing a legal entity in the form of merger, accession, transformation, the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels are re-issued upon the application of the legal successor of the reorganized legal entity.
When a legal entity is reorganized in the form of division or allocation, the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels are re-issued at the request of the legal successor or legal successors of the reorganized legal entity, taking into account the separation balance sheet.
Re-registration of a decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels received by an individual to another individual is carried out upon a personal application or upon the application of his heir or upon applications of his heirs in the manner established by paragraphs 15 and 16 of this article, in compliance with the civil requirements legislation. Applications for re-registration of these documents are submitted by the heir or heirs within thirty days from the date of acceptance of the inheritance. Copies of documents confirming the fact of acceptance of the inheritance are attached to the application of the heir or heirs.
If other assignees challenge the rights of the interested assignee to use radio frequency bands and assign (assign) radio frequencies or radio frequency channels, the dispute between the parties shall be resolved in court. The right to re-register the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels arises from the successor on the basis of a court decision that has entered into legal force.
15. In the event of reorganization of a legal entity, its successor is obliged to submit, within forty-five days from the date of making the relevant changes to the unified state register of legal entities, an application for re-registration:
decisions on the allocation of radio frequency bands to the state commission on radio frequencies;
permission to use radio frequencies or radio frequency channels to the federal executive body in the field of communications.
16. The application specified in paragraph 15 of this article shall be accompanied by documents confirming the fact of succession, and an extract from the unified state register of legal entities or a notarized copy of such an extract may also be attached. If an extract from the unified state register of legal entities or a notarized copy of such an extract is not attached to the successor’s application, the federal executive body in the field of communications requests from the body carrying out state registration of legal entities, individuals as individual entrepreneurs and peasants (farm) farms, information confirming the fact that information about the applicant has been entered into the unified state register of legal entities.
Re-issuance of the decision on the allocation of radio frequency bands is carried out without consideration of the issue at a meeting of the state commission on radio frequencies within ten days from the date of receipt of the relevant application.
Renewal of permission to use radio frequencies or radio frequency channels is carried out by the federal executive body in the field of communications within ten days from the date of receipt of the relevant application.
Re-issuance of these documents is carried out under the conditions that were established when allocating radio frequency bands and assigning (assigning) radio frequencies or radio frequency channels to the reorganized legal entity.
If the legal successor provides incomplete or unreliable information, the re-issuance of the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels may be refused within ten days from the date of receipt of the relevant application.
A notice of refusal to re-register the specified documents is sent or handed in writing to the applicant indicating the grounds for refusal within ten days from the date of the relevant decision.
Until the re-issuance of these documents is completed, the assignee has the right to use the radio frequency spectrum in accordance with previously issued documents.
Article 25. Control of emissions from radio-electronic equipment and (or) high-frequency devices
1. Monitoring of emissions from radio-electronic equipment and (or) high-frequency devices (radio monitoring) is carried out for the purposes of:
checking the user's compliance with the radio frequency spectrum rules for its use;
identifying radio-electronic equipment that is not permitted for use and stopping their operation;
identifying sources of radio interference;
identifying violations of the procedure and rules for the use of the radio frequency spectrum, national standards, requirements for the parameters of radiation (reception) of radio-electronic equipment and (or) high-frequency devices;
ensuring electromagnetic compatibility;
ensuring operational readiness of the radio frequency spectrum.
2. Radio control is an integral part of state management of the use of the radio frequency spectrum and international legal protection of the assignment (assignment) of radio frequencies or radio frequency channels. Radio monitoring of radio-electronic equipment for civilian purposes is carried out by the radio frequency service. The procedure for radio monitoring is determined by the Government of the Russian Federation.
In the process of radio monitoring, in order to study the parameters of emissions from radio-electronic equipment and (or) high-frequency devices, and to confirm violations of the established rules for the use of the radio frequency spectrum, signals from controlled radiation sources can be recorded.
Such a recording can only serve as evidence of a violation of the procedure for using the radio frequency spectrum and is subject to destruction in the manner established by the legislation of the Russian Federation.
The use of such a recording for other purposes is not permitted, and persons guilty of such use bear responsibility established by the legislation of the Russian Federation for violating the inviolability of private life, personal, family, commercial and other secrets protected by law.
Article 26. Regulation of numbering resources
1. Regulation of the numbering resource is the exclusive right of the state.
The Government of the Russian Federation determines the procedure for the distribution and use of numbering resources of the unified telecommunication network of the Russian Federation, including Russian segments of international communication networks, taking into account the recommendations of international organizations of which the Russian Federation is a member, in accordance with the Russian system and numbering plan.
When distributing the numbering of Russian segments of international communication networks, the generally accepted international practice of self-regulatory organizations in this area is taken into account.
2. For obtaining a numbering resource, the telecom operator is charged a state duty in accordance with the legislation of the Russian Federation on taxes and fees.
The federal executive body in the field of communications has the right, in cases established by this Federal Law, to change or withdraw in whole or in part the numbering resource allocated to the telecom operator. Information about the upcoming numbering change and the deadline for its implementation is subject to publication. In case of complete or partial withdrawal of the numbering resource allocated to the telecom operator, no compensation is paid to the telecom operator.
The withdrawal of the numbering resource previously allocated to telecom operators is carried out on the following grounds:
appeal from the telecom operator to whom the corresponding numbering resource is allocated;
termination of the license issued to the telecom operator;
use of a numbering resource by a telecom operator in violation of the system and numbering plan;
non-use by the telecom operator of the allocated numbering resource in whole or in part within two years from the date of allocation;
failure by the telecom operator to fulfill the obligations assumed by it at the auction provided for by this Federal Law;
The telecom operator is notified in writing of the decision made to withdraw the numbering resource thirty days before the withdrawal deadline, with justification for the reasons for making such a decision.
3. The federal executive body in the field of communications is obliged to:
1) submit to the Government of the Russian Federation the procedure for the distribution and use of numbering resources of the unified telecommunication network of the Russian Federation for approval;
2) ensure the organization of work on the distribution and accounting of numbering resources, as well as the allocation of numbering resources;
3) establish regulatory requirements for communication networks in terms of the use of numbering resources, requirements mandatory for communication operators for the construction of communication networks, management of communication networks, numbering, protection of communication networks from unauthorized access and information transmitted through them, use of the radio frequency spectrum, access procedures traffic, conditions for interaction of communication networks, provision of communication services;
4) approve the Russian system and numbering plan;
5) change, in technically justified cases, the numbering of communication networks with preliminary publication of the reasons and timing of upcoming changes in accordance with the procedure for the distribution and use of numbering resources of the unified telecommunication network of the Russian Federation;
6) ensure the availability of a free numbering resource;
7) provide information on the distribution of numbering resources at the request of interested parties;
8) monitor the compliance of the use by telecom operators of the numbering resource allocated to them with the established procedure for the use of numbering resources of the unified telecommunication network of the Russian Federation, including the fulfillment by the telecom operator of the obligations assumed by it at the auction provided for by this Federal Law.
4. Establishing restrictions on access to information on the allocation, change and withdrawal of a numbering resource for a specific telecom operator is not allowed.
5. The allocation of numbering resources for communication networks is carried out by the federal executive body in the field of communications at the request of a communications operator within a period of no more than sixty days, if the volume of numbering allocated to all communications operators in a specific territory is less than ninety percent of the available resource. When determining the numbering resource put up for auction, applications received for the auction provided for in Article 31 of this Federal Law are taken into account.
6. Telecom operators for whom a numbering resource has been allocated or changed are required to begin using the allocated numbering resource, change the network numbering within the established time frame and pay all necessary expenses.
Subscribers do not bear the costs associated with allocating or changing the numbering of the communication network, with the exception of costs associated with replacing subscriber numbers or identification codes in documents and information materials.
7. A telecom operator has the right to transfer the numbering resource allocated to it or part of it to another telecom operator only with the consent of the federal executive body in the field of communications.
8. When a legal entity is reorganized in the form of a merger, accession, transformation, the title documents for the numbering resource allocated to it are reissued at the request of the legal successor.
When reorganizing a legal entity in the form of division or separation, re-registration of title documents for a numbering resource is carried out at the request of legal successors.
If other legal successors challenge the rights of the interested legal successor to use the numbering resource, the dispute between the parties is resolved in court.
Article 27. Federal state supervision in the field of communications
1. Federal state supervision in the field of communications refers to the activities of authorized federal executive bodies aimed at preventing, identifying and suppressing violations by legal entities and individuals of the requirements established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them Federation in the field of communications (hereinafter referred to as the mandatory requirements), through organizing and conducting inspections of these persons, taking measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate the consequences of identified violations, and the activities of the specified federal executive authorities to systematically monitor the implementation of mandatory requirements , analysis and forecasting of the state of fulfillment of these requirements when legal entities and individuals carry out their activities.
2. Federal state supervision in the field of communications is carried out by authorized federal executive bodies (hereinafter referred to as state supervision bodies) in accordance with their competence in the manner established by the Government of the Russian Federation.
3. The provisions of the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control” apply to relations related to the implementation of federal state supervision in the field of communications, the organization and conduct of inspections of legal entities and individuals (supervision) and municipal control" taking into account the specifics of organizing and conducting inspections established by paragraphs 4 - 7 of this article.
4. The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is:
1) the expiration of three years from the date of state registration of legal entities, individual entrepreneurs carrying out activities in the field of communications, if their activities are not subject to licensing;
2) the expiration of two years from the date of completion of the last scheduled inspection.
5. The basis for conducting an unscheduled inspection is:
1) expiration of the deadline for fulfilling the order issued by the state supervisory body to eliminate the identified violation of mandatory requirements;
2) receipt by the state supervisory body of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from state authorities, local governments, from the media about facts of violations of the integrity, stability of functioning and security of the unified telecommunication network of the Russian Federation across the list of such violations established by the Government of the Russian Federation;
3) identification by the state supervisory body as a result of systematic observation and radio monitoring of violations of mandatory requirements;
4) the presence of an order (instruction) from the head (deputy head) of the state supervisory body to conduct an unscheduled inspection, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation or on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of the supervision of the implementation of laws received by Prosecutor's office materials and appeals.
6. An unscheduled on-site inspection on the basis specified in subparagraph 2 of paragraph 5 of this article may be carried out by the state supervisory authority immediately with notification of the prosecutor's office in the manner established by part 12 of article 10 of the Federal Law of December 26, 2008 No. 294-FZ “On Protection rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”
7. Preliminary notification of a legal entity or individual about an unscheduled on-site inspection on the basis specified in subparagraph 2 or 3 of paragraph 5 of this article is not allowed.
8. Officials of state supervision bodies, in the manner established by the legislation of the Russian Federation, have the right:
1) request and receive, on the basis of motivated written requests, from legal entities and individuals information and documents necessary during the inspection;
2) freely, upon presentation of an official ID and a copy of the order (instruction) of the head (deputy head) of the state supervisory body on the appointment of an inspection, visit and inspect the buildings, premises, structures and other similar objects, technical means used by the communications organization, as well as carry out the necessary research and testing , investigations, examinations and other control activities;
3) issue orders to eliminate identified violations of mandatory requirements, to take measures to ensure the prevention of harm to communications intended for the purposes of public administration, national defense, state security and law enforcement, as well as to prevent violations of the integrity, stability of operation and security of the unified telecommunication network Russian Federation;
4) draw up protocols on administrative offenses related to violations of mandatory requirements, consider cases of these administrative offenses and take measures to prevent such violations;
5) send materials related to violations of mandatory requirements to the authorized bodies to resolve issues of initiating criminal cases based on crimes.
9. State supervisory authorities may be attracted by the court to participate in the case or have the right to intervene in the case on their own initiative to give an opinion on a claim for compensation for damage caused as a result of violations of mandatory requirements.
Article 28. Regulation of tariffs for communication services
1. Tariffs for communication services are established by the telecom operator independently, unless otherwise provided by this Federal Law and the legislation of the Russian Federation on natural monopolies.
2. Tariffs for public telecommunications and public postal services are subject to state regulation in accordance with the legislation of the Russian Federation on natural monopolies. The list of public telecommunications and public postal services, the tariffs for which are regulated by the state, as well as the procedure for their regulation is established by the Government of the Russian Federation. Tariffs for universal communication services are regulated in accordance with this Federal Law.
3. State regulation of tariffs for communication services (with the exception of regulation of tariffs for universal communication services) should create conditions that provide telecom operators with compensation for economically justified costs associated with the provision of communication services, and compensation for a reasonable rate of profit (profitability) from the capital used in the provision communication services, tariffs for which are set by the state.
Chapter 6. LICENSING ACTIVITIES IN THE FIELD OF PROVISIONCOMMUNICATION SERVICES AND CONFORMITY ASSESSMENT IN THE COMMUNICATIONS FIELD
Article 29. Licensing of activities in the field of provision of communication services
1. The activities of legal entities and individual entrepreneurs in the paid provision of communication services are carried out only on the basis of a license to carry out activities in the field of provision of communication services (hereinafter referred to as the license). The list of names of communication services included in licenses and the corresponding lists of license conditions are established by the Government of the Russian Federation and are updated annually.
The list of license conditions included in licenses to carry out activities in the field of provision of communication services for the purposes of television broadcasting and (or) radio broadcasting (with the exception of communication services for the purposes of wired radio broadcasting), if the specified activity is carried out on the basis of agreements with subscribers, regardless of the types of communication networks include a condition for the free broadcast of mandatory public television channels and (or) radio channels.
2. Licensing of activities in the field of provision of communication services is carried out by the federal executive body in the field of communications (hereinafter referred to as the licensing authority), which:
1) establishes license conditions in accordance with the lists of license conditions specified in paragraph 1 of this article, makes changes and additions to them;
2) registers applications for licenses;
3) issues licenses in accordance with this Federal Law;
4) monitors compliance with licensing conditions, issues orders to eliminate identified violations and issues warnings about the suspension of licenses;
5) refuses to issue licenses;
6) suspends the validity of licenses and renews their validity;
7) cancels licenses;
8) reissue licenses;
9) maintains a register of licenses and publishes information from this register in accordance with this Federal Law.
3. Licenses are issued based on the results of consideration of applications, and in cases provided for in Article 31 of this Federal Law - based on the results of bidding (auction, competition).
Article 30. Requirements for an application for a license
1. To obtain a license, the license applicant must submit an application to the licensing authority indicating:
1) name (company name), organizational and legal form, location of the legal entity, name of the bank indicating the account (for a legal entity);
2) last name, first name, patronymic, place of residence, details of an identity document (for an individual entrepreneur);
3) name of the communication service;
4) the territory in which communication services will be provided and a communication network will be created;
6) the period during which the license applicant intends to carry out activities in the field of provision of communication services.
2. Attached to the application:
1.1) a document confirming the fact of making an entry about a legal entity in the unified state register of legal entities, or its notarized copy (for legal entities);
2) certificate of state registration as an individual entrepreneur or its notarized copy (for individual entrepreneurs);
3) a notarized copy of the certificate of registration of a legal entity or individual entrepreneur with the tax authority;
4) diagram of the communication network construction and description of the communication service;
5) a document confirming payment of the state fee for issuing a license.
2.1. If the documents specified in subparagraphs 1.1 - 3 of paragraph 2 of this article are not submitted by the license applicant, at the interdepartmental request of the licensing authority, the federal executive body carrying out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) farms , provides information confirming the fact that information about the license applicant has been entered into the unified state register of legal entities or the unified state register of individual entrepreneurs, and the federal executive body exercising the functions of control and supervision of compliance with legislation on taxes and fees provides information confirming the fact of registration applicant for a license to register with the tax authority, in electronic form in the manner and within the time limits established by the Government of the Russian Federation.
3. If the process of providing communication services involves the use of the radio frequency spectrum, including for the purposes of television and radio broadcasting; implementation of cable television broadcasting and wire radio broadcasting; transmission of voice information, including over a data network; provision of communication channels extending beyond the territory of one subject of the Russian Federation or beyond the territory of the Russian Federation; Carrying out activities in the field of postal communications, the license applicant, along with the documents specified in paragraphs 1 and 2 of this article, must provide a description of the communication network, the means of communication with which communication services will be provided, as well as a plan and economic justification for the development of the communication network. Requirements for the content of such a description, as well as for the content of such a plan and such an economic justification, are established by the federal executive body in the field of communications.
4. To obtain a license that provides for the use of the radio frequency spectrum when providing communication services, in addition, a decision of the state commission on radio frequencies on the allocation of a radio frequency band is submitted.
If the document specified in this paragraph is not submitted by the license applicant, at the interdepartmental request of the licensing authority, the State Commission on Radio Frequencies provides information on the allocation of a radio frequency band to the license applicant.
5. It is not allowed to require documents other than the documents specified in subparagraphs 1, 4 and 5 of paragraph 2 of this article from the license applicant.
6. The license applicant is liable for submitting false or distorted information to the licensing authority in accordance with the legislation of the Russian Federation.
Article 31. Bidding (auction, competition) for obtaining a license
1. Licenses are issued based on the results of bidding (auction, competition) if:
1) the communication service will be provided using the radio frequency spectrum, and the state commission on radio frequencies will determine that the radio frequency spectrum available for the provision of communication services limits the possible number of communication operators in a given territory. The winner of the auction (auction, competition) is issued a license and allocated the appropriate radio frequencies;
2) the territory has limited public communication network resources, including a limited numbering resource, and the federal executive authority in the field of communications establishes that the number of communication operators in a given territory should be limited.
2. The procedure for conducting bidding (auction, competition) is established by the Government of the Russian Federation.
The decision to hold a tender (auction, competition) is made by the federal executive body in the field of communications in the prescribed manner.
The organization of bidding (auction, competition) is carried out by the federal executive body in the field of communications no later than six months after such a decision is made.
3. Before a decision is made on the possibility of issuing a license (based on a decision based on the results of consideration of an application for a license or based on the results of a tender (auction, competition)), a license providing for the use of the radio frequency spectrum in the provision of communication services is not issued.
4. The provisions of this article do not apply to relations related to the use of radio frequencies in the provision of communication services for the purposes of television and radio broadcasting.
Article 32. Procedure for considering an application for a license and issuing a license
1. The decision to issue a license or to refuse to issue it is made by the licensing authority:
within a period not exceeding thirty days from the date of the decision, based on the results of the auction (auction, competition);
in the cases specified in paragraph 3 of Article 30 of this Federal Law, within a period not exceeding seventy-five days from the date of receipt of the application of the license applicant with all the necessary documents specified in paragraphs 1 - 3 of Article 30 of this Federal Law, except for cases where the license is issued carried out based on the results of bidding (auction, competition);
in other cases, within a period not exceeding thirty days from the date of receipt of the application of the license applicant with all the necessary documents specified in paragraphs 1 and 2 of Article 30 of this Federal Law, based on the results of consideration of the application.
1.1. The licensing authority makes a decision to issue a license or to refuse to issue it on the basis of the documents specified in Article 30 of this Federal Law and the results of bidding (auction, competition), and in the case of issuing a license for the provision of communication services for the purposes of terrestrial television broadcasting and (or) radio broadcasting also on the basis of information available to the licensing authority about the applicant’s license for television broadcasting and (or) radio broadcasting.
2. The licensing authority is obliged to notify the license applicant of the decision to issue a license or to refuse to issue it within ten days from the date of the relevant decision. Notice of the issuance of a license is sent or handed to the license applicant in writing. A notice of refusal to issue a license is sent or handed to the license applicant in writing, indicating the grounds for the refusal.
3. For issuing a license, for extending the validity period of a license and (or) for re-issuing a license, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.
4 - 5. Lost power.
6. The territory in which, in accordance with the license, it is permitted to provide communication services, is indicated in the license by the licensing authority.
7. The license or any rights granted by it cannot be fully or partially transferred by the licensee to another legal entity or individual.
Article 33. Validity period of the license
1. A license may be issued for a period of three to twenty-five years, which is established by the licensing authority taking into account:
the period specified in the application of the license applicant;
the period specified in the decision of the state commission on radio frequencies on the allocation of a radio frequency band in the event that a communication service is provided using the radio frequency spectrum;
technical restrictions and technological conditions in accordance with the rules for connecting telecommunication networks and their interaction.
2. A license may be issued for a period of less than three years at the request of the license applicant.
3. The validity period of a license may be extended at the request of the licensee for the same period for which it was originally issued, or for another period that does not exceed the period established by paragraph 1 of this article. An application to extend the validity period of a license is submitted to the licensing authority no later than two months and no earlier than six months before the expiration of the license. To extend the validity period of a license, the licensee must submit the documents specified in Article 30 of this Federal Law. The decision to extend the validity period of the license is made by the licensing authority on the basis of the submitted documents within a period not exceeding forty-five days from the date of receipt of these documents.
4. Extension of the license may be refused if, on the day of filing the application, violations of the license conditions are identified but not eliminated.
Article 34. Refusal to issue a license
1. The grounds for refusal to issue a license are:
1) non-compliance of the documents attached to the application with the requirements of Article 30 of this Federal Law;
2) failure by the license applicant to submit documents required in accordance with subparagraphs 1, 4 and 5 of paragraph 2 of Article 30 of this Federal Law;
3) the presence in the documents submitted by the license applicant of unreliable or distorted information;
4) non-compliance of the activity declared by the license applicant with the standards, requirements and rules established for this type of activity;
5) non-recognition of the license applicant as the winner of the auction (auction, competition) if the license is issued based on the results of the auction (auction, competition);
6) cancellation of the decision of the state commission on radio frequencies on the allocation of radio frequency bands;
7) lack of technical ability to implement the declared communication service.
2. The license applicant has the right to appeal the refusal to issue a license or the inaction of the licensing authority in court.
Article 35. Re-issuance of a license
1. At the request of its owner, a license may be reissued to a legal successor.
In this case, the legal successor, in addition to the documents specified in paragraphs 1 and 2 of Article 30 of this Federal Law, is obliged to submit documents confirming the transfer to him of communication networks and communications equipment necessary for the provision of communication services in accordance with the license being renewed, and the re-issuance of a permit to use of radio frequencies if they are used to provide communication services on the basis of a re-issued license.
2. When a legal entity is reorganized in the form of merger, accession or transformation, the license is reissued at the request of the legal successor. The application must be accompanied by the documents specified in paragraphs 1 and 2 of Article 30 of this Federal Law.
3. When a legal entity is reorganized in the form of division or separation, the license is reissued at the request of the interested successor or successors. In this case, the interested successor or successors, in addition to the documents specified in paragraphs 1 and 2 of Article 30 of this Federal Law, are required to submit documents confirming the transfer to them of communication networks and communications equipment necessary for the provision of communication services in accordance with the license being renewed, and re-registration in their name permission to use radio frequencies if they are used to provide communication services on the basis of a reissued license.
When making a decision to re-issue a license, the licensing authority checks, on the basis of information available in the federal executive body in the field of communications, whether the legal successor has documents confirming the re-issuance in his name of a permit to use radio frequencies in the event of their use for the provision of communication services on the basis of the license being re-issued, unless otherwise is not provided for by this Federal Law or the specified documents were not submitted by the successor on his own initiative.
If other successors challenge the rights of the interested successor or successors to re-register a license, the dispute between the parties is resolved in court.
4. In the event of a reorganization of a legal entity or a change in the details of a legal entity or individual entrepreneur specified in the license, the licensee is obliged to submit an application for re-issuance of the license within thirty days with the attachment of documents confirming the changes specified in this application. If such an application is not submitted within the prescribed period, the license is terminated.
If supporting documents are not attached to the application for renewal of a license in the event of a reorganization of a legal entity or a change in the details of a legal entity or individual entrepreneur, at the interdepartmental request of the licensing authority, the federal executive body carrying out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) households, provides information on changes to the unified state register of legal entities or the unified state register of individual entrepreneurs in connection with the reorganization of a legal entity or a change in the details of a legal entity or individual entrepreneur.
5. Re-issuance of a license is carried out by the licensing authority within thirty days from the date of receipt of the relevant application.
6. Lost power.
7. When re-issuing a license, the licensing authority makes appropriate changes to the register of licenses in the field of communications.
8. In case of refusal to re-issue a license, the licensee, in accordance with the legislation of the Russian Federation and agreements on the provision of communication services concluded with users of communication services, shall be liable to users of communication services.
Article 36. Amendments and additions to the license
1. The licensee may apply to the licensing authority to make changes or additions to the license, including the license conditions.
The licensing authority is obliged to consider such an application and notify the applicant of the decision made within a period not exceeding sixty days.
2. If it is necessary to make changes or additions to the license regarding the name of communication services, the territory in which the license is valid, or the use of the radio frequency spectrum, a new license is issued in the manner prescribed for its issuance.
3. In case of changes in the legislation of the Russian Federation, the licensing authority, on its own initiative, has the right to make changes and additions to the licensing conditions by notifying the licensee within thirty days. The notice shall indicate the basis for this decision.
Article 37. Suspension of a license
1. Before suspending a license, the licensing authority has the right to issue a warning about the suspension of its validity in the event of:
1) identification by authorized state bodies of a violation related to non-compliance with the norms established by federal laws and other regulatory legal acts of the Russian Federation in the field of communications;
2) detection by authorized state bodies of violations of license conditions by the licensee;
3) failure to provide communication services for more than three months, including failure to provide them from the date of commencement of provision of such services specified in the license.
2. The licensing authority has the right to suspend the license in the event of:
1) identifying violations that may entail damage to the rights, legitimate interests, life or health of a person, as well as ensuring the needs of public administration, including presidential communications, government communications, the needs of national defense, state security and law enforcement;
2) cancellation of the permission of the state commission on radio frequencies for the use of radio frequencies by the licensee, if such cancellation leads to the impossibility of providing communication services;
3) failure by the licensee to comply within the prescribed period with the order of the licensing authority, which obligated to eliminate the identified violation, including the order that was issued when a warning was issued to suspend the license.
3. A warning about the suspension of a license, as well as a decision to suspend the license, is communicated by the licensing authority to the licensee in writing, indicating the basis for making such a decision or issuing a warning no later than ten days from the date of such a decision or issuing a warning.
4. The licensing authority is obliged to establish a reasonable period of time for the licensee to eliminate the violation that resulted in the issuance of a warning to suspend the license. The specified period cannot exceed six months. If the licensee does not eliminate such a violation within the specified period, the licensing authority has the right to suspend the license and apply to the court with a request to cancel the license.
Article 38. Renewal of a license
1. If the licensee eliminates the violation that resulted in the suspension of the license, the licensing authority is obliged to make a decision on renewing its validity.
2. Confirmation that the licensee has eliminated the violation that resulted in the suspension of the license is the conclusion of the state communications supervisory body issued no later than ten days from the date of elimination of the violation. The decision to renew the license must be made no later than ten days from the date the licensing authority received the said conclusion.
Article 39. Cancellation of a license
1. Cancellation of a license in court is carried out on claims of interested persons or the licensing authority in the case of:
1) detection of false data in the documents that served as the basis for the decision to issue a license;
2) failure to eliminate within the prescribed period the circumstances that caused the suspension of the license;
3) failure by the licensee to fulfill the obligations assumed by him in the process of participating in the bidding (auction, competition) (if the license was issued based on the results of the bidding (auction, competition)).
2. Cancellation of a license by the licensing authority is carried out in the following cases:
1) liquidation of a legal entity or termination of its activities as a result of reorganization, with the exception of its reorganization in the form of transformation;
2) termination of the certificate of state registration of a citizen as an individual entrepreneur;
3) applications from the licensee requesting cancellation of the license;
4) has become invalid.
3. Lost power.
4. The decision of the licensing authority to cancel a license is communicated to the licensee within ten days from the date of adoption and can be appealed in court.
Article 40. Formation and maintenance of a register of licenses in the field of communications
1. The licensing authority forms and maintains a register of licenses in the field of communications. The register must contain the following information:
1) information about licensees;
2) the name of the communication services for the provision of which licenses have been issued, and the territory in which the provision of the corresponding communication services is permitted;
3) date of issue and license number;
4) validity period of the license;
5) the basis and date of suspension and renewal of the license;
6) the basis and date of revocation of the license;
7) other information established by the licensing authority depending on the name of the communication services.
2. Information from the register of licenses in the field of communications is subject to publication in the volume, form and manner determined by the licensing authority, taking into account changes made to the specified register.
Article 41. Confirmation of compliance of communication means and communication services
1. To ensure the integrity, stability of operation and security of the unified telecommunication network of the Russian Federation, it is mandatory to confirm compliance with the established requirements of communication means used in:
1) public communication networks;
2) technological communication networks and special-purpose communication networks in case of their connection to a public communication network.
2. Confirmation of compliance of the communication means specified in paragraph 1 of this article with the technical regulations adopted in accordance with the legislation of the Russian Federation on technical regulation, and the requirements provided for by the regulatory legal acts of the federal executive body in the field of communications on the use of communication means, is carried out through their mandatory certification or adoption of a declaration of conformity.
Communication means subject to mandatory certification are provided for certification by the manufacturer or seller.
Documents confirming the compliance of communication equipment with established requirements, test reports of communication equipment received outside the territory of the Russian Federation are recognized in accordance with international treaties of the Russian Federation.
The manufacturer has the right to accept a declaration of conformity for those communications equipment that are not subject to mandatory certification.
3. The list of communication means subject to mandatory certification, approved by the Government of the Russian Federation, includes:
communication equipment performing the functions of switching systems, digital transport systems, control and monitoring systems, as well as communication equipment with measuring functions, taking into account the volume of communication services provided by telecom operators in public communication networks;
terminal equipment that may disrupt the functioning of the public communications network;
communication means of technological communication networks and special-purpose communication networks in terms of their connection to public communication networks;
radio-electronic communications;
communications equipment, including software that ensures the implementation of established actions during operational investigative activities.
When modifying software that is part of a communication device, the manufacturer, in accordance with the established procedure, may accept a declaration of compliance of this communication device with the requirements of a previously issued certificate of conformity or an accepted declaration of conformity.
4. Certification of communication services and the quality management system for communication services is carried out on a voluntary basis.
5. The Government of the Russian Federation determines the procedure for organizing and carrying out work on mandatory confirmation of compliance of communication means, the procedure for accreditation of certification bodies, testing laboratories (centers) conducting certification tests, and approves the rules for conducting certification.
Monitoring compliance by certificate holders and declarants with obligations to ensure compliance of supplied communications equipment with certification requirements and conditions and registration of declarations of conformity accepted by manufacturers are assigned to the federal executive body in the field of communications.
The federal executive body in the field of communications is also responsible for organizing a certification system in the field of communications, which includes certification bodies, testing laboratories (centers), regardless of organizational, legal forms and forms of ownership.
6. For registration of a declaration of conformity, a state fee is charged in accordance with the legislation of the Russian Federation on taxes and fees.
7. The holder of the certificate of conformity or the declarant is obliged to ensure compliance of the communication means, the quality management system of the communication means, communication services, the quality management system of communication services with the requirements of the regulatory documents for compliance with which the certification was carried out or the declaration was accepted.
8. If a non-compliance of an operating communication device that has a certificate of conformity or a declaration of conformity is detected with the established requirements, the certificate holder or declarant is obliged to eliminate the identified discrepancy at his own expense. The deadline for eliminating the identified discrepancy is established by the federal executive body in the field of communications.
Article 42. Issuance and termination of certificates of conformity during mandatory certification of communications equipment
1. To carry out mandatory certification of a communication device, the applicant sends to the certification body an application for certification and its technical description in Russian, which makes it possible to identify the communication device and contains technical parameters by which the compliance of the communication device with the established requirements can be assessed.
The applicant-seller also submits to the certification body a manufacturer’s document confirming the fact of production of the communication device applied for certification.
2. The period for consideration of an application for certification should not exceed thirty days from the date of receipt by the certification body of the documents specified in paragraph 1 of this article.
3. The certification body, after receiving documented results of certification tests within a period of no more than thirty days, makes a decision on issuing or a reasoned refusal to issue a certificate of conformity. The certificate of conformity is issued for a year or three years, depending on the certification scheme provided for by the certification rules.
4. Refusal to issue a certificate of conformity or termination of its validity is carried out if the communication device does not meet the established requirements or the applicant has violated the rules of certification.
5. The federal executive body in the field of communications publishes information on the inclusion of a certificate of conformity in the register of certificates of conformity of the certification system in the field of communications or on the exclusion of a certificate of conformity from the specified register.
1. Declaration of conformity is carried out by the applicant accepting a declaration of conformity on the basis of his own evidence and evidence obtained with the participation of an accredited testing laboratory (center).
As his own evidence, the applicant uses technical documentation, the results of his own research (tests) and measurements, and other documents that serve as a reasoned basis for confirming the compliance of the communication means with the established requirements. The applicant also includes in the evidentiary materials protocols of research (tests) and measurements carried out in an accredited testing laboratory (center).
name and location of the applicant;
name and location of the manufacturer of the communication device;
a technical description of a communication device in Russian, allowing one to identify this communication device;
a statement by the applicant that the communication device, when used in accordance with its intended purpose and the applicant takes measures to ensure compliance of the communication device with the established requirements, will not have a destabilizing effect on the integrity, stability of operation and security of the unified telecommunication network of the Russian Federation;
information about the studies (tests) and measurements carried out, as well as about the documents that served as the basis for confirming the compliance of the communication device with the established requirements;
validity period of the declaration of conformity.
The form of the declaration of conformity is approved by the federal executive body in the field of communications.
3. A declaration of conformity drawn up in accordance with the established rules is subject to registration by the federal executive body in the field of communications within three days.
The declaration of conformity is valid from the date of its registration.
4. The declaration of conformity and the documents constituting evidentiary materials are kept by the applicant during the validity period of this declaration and for three years from the date of expiration of its validity. The second copy of the declaration of conformity is stored in the federal executive body in the field of communications.
Articles 43.1 - 43.2. Lost power.
Chapter 7. COMMUNICATION SERVICES
Article 44. Provision of communication services
1. On the territory of the Russian Federation, communication services are provided by communication operators to users of communication services on the basis of an agreement for the provision of communication services, concluded in accordance with civil legislation and the rules for the provision of communication services.
2. The rules for the provision of communication services are approved by the Government of the Russian Federation.
The rules for the provision of communication services regulate the relationship between users of communication services and communication operators when concluding and executing an agreement for the provision of communication services, as well as the procedure and grounds for suspending the provision of communication services under an agreement and termination of such an agreement, features of the provision of communication services, the rights and obligations of communication operators and users communication services, the form and procedure for payment for communication services provided, the procedure for filing and considering complaints, claims from users of communication services, the responsibility of the parties.
3. In case of violation by a user of communication services of the requirements established by this Federal Law, the rules for the provision of communication services or an agreement for the provision of communication services, including violation of the terms of payment for communication services provided to him, determined by the terms of the agreement for the provision of communication services, the telecom operator has the right to suspend provision of communication services until the violation is eliminated, except for cases established by this Federal Law.
If such a violation is not eliminated within six months from the date the user of communication services receives a written notice from the communication operator of the intention to suspend the provision of communication services, the communication operator unilaterally has the right to terminate the contract for the provision of communication services, except for the cases established by this Federal Law.
Article 45. Features of the provision of communication services to citizens
1. An agreement on the provision of communication services concluded with citizens is a public contract. The terms of such an agreement must comply with the rules for the provision of communication services.
2. In all cases of replacing a subscriber number, the telecom operator is obliged to notify the subscriber and provide him with a new subscriber number at least sixty days in advance, unless the need for replacement was caused by unforeseen or extraordinary circumstances.
3. The telecom operator, without the written consent of the subscriber, does not have the right to change the switching circuit of his terminal equipment operating on a separate subscriber line.
4. The subscriber has the right to demand that the subscriber number be switched, and the telecom operator, if technically possible, is obliged to switch the subscriber number to the subscriber line in a premises located at a different address and in the possession of this subscriber. Subscriber number switching is an additional service.
5. If the subscriber’s right to own and use the premises in which the terminal equipment is installed (hereinafter referred to as the telephone premises) is terminated, the contract for the provision of communication services with the subscriber is terminated.
In this case, the telecom operator with whom the contract for the provision of communication services is terminated, at the request of the new owner of the telephone premises, is obliged to conclude an agreement with him for the provision of communication services within thirty days.
If members of the subscriber’s family remain living in the telephoned premises, the contract for the provision of communication services is reissued to one of them in accordance with the rules for the provision of communication services.
Before the expiration of the period established by the Civil Code of the Russian Federation for accepting an inheritance, which includes a telephone premises, the telecom operator does not have the right to dispose of the corresponding subscriber number. When inheriting the specified premises, an agreement on the provision of communication services is concluded with the heir. The heir is obliged to pay the telecom operator the cost of the telecommunication services provided for the period before entering into inheritance rights.
Article 46. Obligations of telecom operators
1. The telecom operator is obliged:
provide communication services to users of communication services in accordance with the legislation of the Russian Federation, national standards, technical norms and rules, license, as well as an agreement on the provision of communication services;
be guided in the design, construction, reconstruction, commissioning and operation of communication networks by the regulatory legal acts of the federal executive body in the field of communications, build communication networks taking into account the requirements for ensuring the stability and safety of their operation. The associated costs, as well as the costs of creating and operating control systems for their communication networks and their interaction with the unified telecommunications network of the Russian Federation, are borne by telecom operators;
comply with the requirements relating to organizational and technical interaction with other communication networks, traffic transmission and its routing and established by the federal executive body in the field of communications, as well as requirements for conducting mutual settlements and mandatory payments;
submit statistical reporting in the form and in the manner established by federal laws and other regulatory legal acts of the Russian Federation;
provide, at the request of the federal executive body in the field of communications for the implementation of its powers, information, including on the technical condition, prospects for the development of communication networks and communications facilities, on the conditions for the provision of communication services, connection services and traffic transmission services, on applicable tariffs and settlement taxes, in the form and in the manner established by federal laws and other regulatory legal acts of the Russian Federation.
2. The telecom operator is obliged to create conditions for unhindered access of disabled people to communication facilities intended for working with users of communication services, including places where communication services are provided and places of payment for them at communication facilities.
3. In order to inform users of communication services about the numbering operating on its communication network, a telecom operator is obliged to create a system of free information and reference services, as well as provide, on a paid basis, based on economically justified costs, information about subscribers of its communication network to organizations interested in creating their information and reference service systems.
4. A telecommunications operator that provides communication services for the purposes of television broadcasting and (or) radio broadcasting (except for communication services for the purposes of wired radio broadcasting) on the basis of an agreement with a subscriber, in accordance with the terms of the received license, is obliged to carry out the broadcast of mandatory public broadcasts in the communication networks it operates. TV channels and (or) radio channels in an unchanged form at your own expense (without concluding agreements with broadcasters of mandatory public TV channels and (or) radio channels and without charging fees for the reception and broadcast of such channels from subscribers and broadcasters of mandatory public TV channels and (or) radio channels).
Article 47. Benefits and advantages when using communication services
1. For certain categories of users of communication services, international treaties of the Russian Federation, federal laws, and laws of constituent entities of the Russian Federation may establish benefits and advantages in terms of the priority of provision of communication services, the procedure and amount of their payment.
2. Users of communication services specified in paragraph 1 of this article are required to pay for the communication services provided to them in full, with subsequent compensation for their expenses directly from the budget of the appropriate level.
Article 48. Use of languages and alphabets in the provision of communication services
1. In the Russian Federation, official paperwork in the field of communications is carried out in Russian.
2. Relationships between communication operators and users of communication services that arise during the provision of communication services on the territory of the Russian Federation are carried out in Russian.
3. The addresses of senders and recipients of telegrams, postal items and postal items of funds sent within the Russian Federation must be issued in Russian. The addresses of senders and recipients of telegrams, postal items and postal money transfers sent within the territories of the republics that are part of the Russian Federation can be issued in the official languages of the corresponding republics, provided that the addresses of the senders and recipients are duplicated in Russian.
4. The text of the telegram must be written in letters of the Russian alphabet or letters of the Latin alphabet.
5. International messages transmitted over telecommunication networks and postal networks are processed in languages determined by international treaties of the Russian Federation.
Article 49. Accounting and reporting time in the field of communications
1. In technological processes of transmission and reception of telecommunication and postal messages, their processing within the territory of the Russian Federation by telecommunication operators and postal operators, a single accounting and reporting time is used - Moscow.
2. In international communications, accounting and reporting time is determined by international treaties of the Russian Federation.
3. Informing the user or users of communication services about the time of provision of communication services that require their direct participation is carried out by the communication operator indicating the time valid in the time zone at the location of the user or users of communication services.
Article 50. Service telecommunications
1. Office telecommunications are used for the purposes of operational, technical and administrative management of communication networks and cannot be used to provide communication services under the terms of a contract for the provision of communication services for a fee.
2. Telecom operators provide official telecommunications in the manner determined by the federal executive body in the field of communications.
Article 51. Provision of communication services for state or municipal needs
The provision of communication services for state or municipal needs is carried out on the basis of an agreement for the provision of paid communication services, concluded in the form of a state or municipal contract in the manner established by civil legislation and the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, in an amount corresponding to the amount of financing provided for by the relevant budgets for the payment of communication services.
Article 51.1. Features of the provision of communication services for the needs of national defense, state security and law enforcement
1. The federal executive body in the field of communications, in agreement with the federal executive bodies in charge of special-purpose communication networks intended for the needs of national defense, state security and law enforcement, has the right to establish additional requirements for communication networks included in the network public communications and used to provide communication services for the needs of national defense, state security and law enforcement.
If the obligation to provide such communication services in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs is assigned by the Government of the Russian Federation to the communication operator, these requirements must be fulfilled within the time limits established a state contract for the provision of communication services for the needs of national defense, state security and law enforcement.
2. Prices for communication services provided for the needs of national defense, state security and law enforcement must be determined by a government contract based on the need to compensate for economically justified costs associated with the provision of these communication services, and to compensate for a reasonable rate of profit (profitability) from the capital used when providing these communication services.
3. Changes in prices for communication services provided for the needs of national defense, state security and law enforcement, and the terms of payment for communication services provided are allowed in the manner established by the state contract, no more than once a year.
4. When executing a state contract for the provision of communication services for the needs of national defense, state security and law enforcement, the telecom operator who has entered into the specified state contract does not have the right to suspend and (or) terminate the provision of communication services without the written consent of the state customer.
Article 52. Calling emergency services
By Decree of the Government of the Russian Federation of December 31, 2004 No. 894, starting from 2008, the number “112” was designated as a single emergency number throughout the Russian Federation.
1. The telecom operator is obliged to provide the opportunity to call emergency operational services (fire, police, ambulance, emergency gas service and other services, free of charge for the user of communication services, around the clock, the full list of which is determined by the Government of the Russian Federation).
A free call to emergency operational services must be provided to each user of communication services by dialing a number that is uniform throughout the Russian Federation for each emergency operational service.
2. Expenses of communication operators incurred in connection with providing calls to emergency operational services, including costs associated with the provision of services for connecting communication networks of emergency operational services to the public communication network and transmitting and receiving messages from these services, are reimbursed on the basis of contracts, concluded by telecom operators with bodies and organizations that have created the relevant emergency operational services.
Article 53. Databases on subscribers of telecom operators
1. Information about subscribers and the communication services provided to them, which became known to telecom operators due to the execution of an agreement on the provision of communication services, is information of limited access and is subject to protection in accordance with the legislation of the Russian Federation.
Information about subscribers includes the last name, first name, patronymic or pseudonym of a citizen subscriber, name (company name) of a subscriber - a legal entity, last name, first name, patronymic of the director and employees of this legal entity, as well as the address of the subscriber or the address of installation of terminal equipment, subscriber numbers and other data that allows you to identify the subscriber or his terminal equipment, information from databases of payment systems for communication services provided, including connections, traffic and subscriber payments.
2. Telecom operators have the right to use the subscriber databases they create to provide information and reference services, including the preparation and distribution of information in various ways, in particular on magnetic media and using telecommunications.
When preparing data for information and reference services, the last name, first name, patronymic of the citizen subscriber and his subscriber number, the name (company name) of the subscriber - a legal entity, the subscriber numbers indicated by him and the installation addresses of terminal equipment can be used.
Information about citizen subscribers without their consent in writing cannot be included in the data for information and reference services and cannot be used to provide reference and other information services by the telecom operator or third parties.
Providing information about citizen subscribers to third parties can only be done with the written consent of the subscribers, with the exception of cases provided for by federal laws.
Article 54. Payment for communication services
1. Payment for communication services is made through cash or non-cash payments - immediately after the provision of such services, by making an advance or with a deferred payment.
The procedure and form of payment for communication services are determined by the agreement on the provision of communication services, unless otherwise established by the legislation of the Russian Federation. If the tariffs for the services of a given telecom operator are subject to state regulation, at the request of a citizen subscriber, the telecom operator is obliged to provide this citizen subscriber with the opportunity to pay for the provision of access to the communication network in installments of at least six months with an initial payment of no more than thirty percent of the established fee.
The subscriber is not subject to payment for a telephone connection established as a result of a call by another subscriber, except in cases where the telephone connection is established:
with the help of a telephone operator with payment at the expense of the called user for communication services;
using access codes for telecommunication services assigned by the federal executive body in the field of communications;
with a subscriber located outside the territory of a constituent entity of the Russian Federation specified in the decision to allocate a numbering resource to a telecom operator, including the subscriber number allocated to this subscriber, unless otherwise established by the contract for the provision of communication services.
Payment for local telephone connections is made at the choice of the citizen subscriber using a subscriber or time-based payment system.
2. The basis for making payments for communication services are the readings of measuring instruments, communication equipment with measuring functions, taking into account the volume of communication services provided by communication operators, as well as the terms of the contract for the provision of communication services concluded with the user of communication services.
3. Lost power.
Article 55. Submission of complaints and presentation of claims and their consideration
1. A user of communications services has the right to appeal in an administrative or judicial manner the decisions and actions (inaction) of a body or official, a communications operator, related to the provision of communications services, as well as ensuring the operational readiness of the radio frequency spectrum.
2. The telecom operator is obliged to have a book of complaints and suggestions and issue it upon the first request of the user of communication services.
3. Consideration of complaints from users of communication services is carried out in the manner established by the legislation of the Russian Federation.
4. In case of non-fulfillment or improper fulfillment of obligations arising from the contract for the provision of communication services, the user of communication services, before going to court, submits a claim to the telecom operator.
5. Claims must be submitted within the following deadlines:
1) within six months from the date of provision of communication services, refusal to provide them or the day of invoicing for the provision of communication services - on issues related to refusal to provide communication services, untimely or improper fulfillment of obligations arising from the contract for the provision of communication services, or failure to perform or improper performance of work in the field of telecommunications (except for complaints related to telegraph messages);
2) within six months from the date of sending the postal item, making a postal transfer of funds - on issues related to non-delivery, untimely delivery, damage or loss of the postal item, non-payment or untimely payment of transferred funds;
3) within a month from the date of submission of the telegram - on issues related to non-delivery, untimely delivery of the telegram or distortion of the text of the telegram, changing its meaning.
6. Attached to the claim is a copy of the contract for the provision of communication services or another document certifying the fact of the conclusion of the contract (receipt, list of attachments, etc.) and other documents that are necessary to consider the claim on the merits and which must indicate information about non-fulfillment or improper performance obligations under the contract for the provision of communication services, and in the event of a claim for damages - about the fact and amount of damage caused.
7. The claim must be considered no later than sixty days from the date of its registration. The person making the claim must be notified in writing about the results of the consideration of the claim.
8. For certain types of claims, special deadlines for their consideration are provided:
1) claims related to postal items and postal transfers of funds sent (transferred) within the same settlement are considered within five days from the date of registration of claims;
2) claims related to all other postal items and postal money transfers are considered within the time limit established by paragraph 7 of this article.
9. If a claim is rejected in whole or in part, or if a response is not received within the time limit established for its consideration, the user of communication services has the right to file a claim in court.
Article 56. Persons entitled to submit claims and place of submission of claims
1. The following have the right to file a claim:
subscriber under obligations arising from the contract for the provision of communication services;
a user of communication services who is denied the provision of such services;
the sender or recipient of postal items in the cases specified in subparagraphs 2 and 3 of paragraph 5 of Article 55 of this Federal Law.
2. Claims are presented to the telecom operator who has entered into an agreement for the provision of communication services or who has refused to enter into such an agreement.
Claims related to the acceptance or delivery of postal or telegraphic items may be brought against both the telecom operator who accepted the item and the telecom operator at the destination of the item.
Chapter 8. UNIVERSAL COMMUNICATION SERVICES
Article 57. Universal communication services
1. The provision of universal communication services is guaranteed in the Russian Federation.
Universal communication services in accordance with this Federal Law include:
telephone services using payphones;
services for data transmission and provision of access to the information and telecommunications network “Internet” using public access points.
2. The procedure and timing for the start of the provision of universal communication services, as well as the procedure for regulating tariffs for universal communication services, are determined by the Government of the Russian Federation upon the proposal of the federal executive body in the field of communications based on the following principles:
the time during which a user of communication services reaches a payphone without using a vehicle should not exceed one hour;
each settlement must have at least one payphone installed, providing free access to emergency operational services;
in settlements with a population of at least five hundred people, at least one point of collective access to the Internet information and telecommunications network must be created.
Article 58. Universal service operator
1. The provision of universal communication services is carried out by universal service operators, the selection of which is carried out based on the results of a competition or in the order of appointment in accordance with paragraph 2 of this article for each constituent entity of the Russian Federation.
2. The number of universal service operators operating on the territory of a constituent entity of the Russian Federation, taking into account its characteristics, is determined based on the need to provide universal communication services to all potential users of these services.
The right to provide universal communication services is granted to public communication network operators based on the results of a competition held in the manner determined by the Government of the Russian Federation.
If there are no applications for participation in the competition or it is impossible to identify a winner, the provision of universal communication services in a certain territory is entrusted by the Government of the Russian Federation, upon the proposal of the federal executive body in the field of communications, to the operator occupying a significant position in the public communication network.
An operator that occupies a significant position in the public communications network does not have the right to refuse its obligation to provide universal communications services.
Article 59. Universal service reserve
1. In order to ensure compensation to universal service operators for losses caused by the provision of universal communication services, a universal service reserve is formed.
2. Funds from the universal service reserve are spent exclusively for the purposes provided for by this Federal Law, in the manner determined by the Government of the Russian Federation. The correctness and timeliness of public communication network operators making mandatory contributions (non-tax payments) to the universal service reserve are controlled by the federal executive body in the field of communications.
Article 60. Sources of formation of the universal service reserve
1. The sources for the formation of the universal service reserve are mandatory contributions (non-tax payments) from public communication network operators and other sources not prohibited by law.
2. The basis for calculating mandatory deductions (non-tax payments) is income received during the quarter from the provision of communication services to subscribers and other users in the public communication network, with the exception of tax amounts presented by the operator of the public communication network to subscribers and other users in the public communication network use in accordance with the legislation of the Russian Federation on taxes and fees. Income is determined in accordance with the accounting procedure established in the Russian Federation.
3. The rate of mandatory deduction (non-tax payment) of the public communications network operator is set at 1.2 percent.
4. The amount of the obligatory deduction (non-tax payment) of the public communications network operator is calculated by him independently as the percentage of income determined in accordance with this article corresponding to the rate specified in paragraph 3 of this article.
5. Public communication network operators, no later than thirty days from the end of the quarter in which income was received, are required to make mandatory contributions (non-tax payments) to the universal service reserve. Quarters are counted from the beginning of the calendar year.
6. If mandatory contributions (non-tax payments) of public communication network operators to the universal service reserve are not made within the established time limits or are made incompletely, the federal executive body in the field of communications has the right to file a claim in court to recover mandatory contributions ( non-tax payments).
Article 61. Compensation for losses caused by the provision of universal communication services
1. Losses of universal service operators caused by the provision of universal communication services are subject to compensation in an amount not exceeding the amount of compensation for losses established by the results of the competition, or if the competition was not held, the maximum amount of compensation for losses, and within a period not exceeding six months after the end of the financial year, unless otherwise provided by the terms of the competition.
The maximum amount of compensation for losses caused by the provision of universal communication services is determined as the difference between the income and economically justified costs of the universal service operator and the income and costs of the telecom operator if the obligation to provide universal communication services had not been assigned to it, unless otherwise established herein Federal law.
2. The universal service operator maintains separate records of income and expenses for the types of activities carried out, the communication services provided and the parts of the telecommunication network used to provide these services.
3. The procedure for compensation for losses caused by the provision of universal communication services is determined by the Government of the Russian Federation.
Chapter 9. PROTECTION OF USERS' RIGHTS BY COMMUNICATION SERVICES
Article 62. Rights of users of communication services
1. The user of communication services has the right to transmit a communication message, send a postal item or make a postal money transfer, receive a telecommunication message, postal item or postal money transfer, or refuse to receive them, unless otherwise provided by federal laws.
2. Protection of the rights of users of communication services in the provision of telecommunications and postal services, guarantees of receiving these communication services of proper quality, the right to receive necessary and reliable information about communication services and communication operators, grounds, amount and procedure for compensation for damage as a result of non-performance or improper the fulfillment of obligations arising from an agreement on the provision of communication services, as well as the mechanism for exercising the rights of users of communication services, is determined by this Federal Law, civil legislation, the legislation of the Russian Federation on the protection of consumer rights and other regulatory legal acts of the Russian Federation issued in accordance with them.
Article 63. Secrecy of communication
1. On the territory of the Russian Federation, the secrecy of correspondence, telephone conversations, postal items, telegraph and other messages transmitted over telecommunication networks and postal networks is guaranteed.
Restriction of the right to privacy of correspondence, telephone conversations, postal items, telegraph and other messages transmitted over telecommunication networks and postal networks is permitted only in cases provided for by federal laws.
2. Telecom operators are obliged to ensure the confidentiality of communications.
3. Inspection of postal items by persons who are not authorized employees of the telecommunications operator, opening of postal items, inspection of attachments, familiarization with information and documentary correspondence transmitted over telecommunication networks and postal networks is carried out only on the basis of a court decision, with the exception of cases established by federal laws.
4. Information about messages transmitted over telecommunication networks and postal networks, about postal items and postal money transfers, as well as these messages themselves, postal items and transferred funds can only be issued to senders and recipients or their authorized representatives, unless otherwise provided federal laws.
Article 64. Responsibilities of communication operators and restrictions on the rights of users of communication services when conducting operational-search activities, measures to ensure the security of the Russian Federation and carrying out investigative actions
1. Telecom operators are obliged to provide authorized state bodies carrying out operational investigative activities or ensuring the security of the Russian Federation, information about users of communication services and about the communication services provided to them, as well as other information necessary to perform the tasks assigned to these bodies, in cases established by federal laws.
2. Communications operators are obliged to ensure the implementation of the requirements for networks and communications facilities established by the federal executive body in the field of communications in agreement with the authorized state bodies carrying out operational investigative activities or ensuring the security of the Russian Federation for implementation by these bodies in cases established by federal laws, activities in order to implement the tasks assigned to them, as well as take measures to prevent the disclosure of organizational and tactical methods for carrying out these activities.
3. Suspension of the provision of communication services to legal entities and individuals is carried out by communication operators on the basis of a reasoned decision in writing by one of the heads of the body carrying out operational investigative activities or ensuring the security of the Russian Federation, in cases established by federal laws.
Telecom operators are obliged to resume the provision of communication services on the basis of a court decision or a reasoned decision in writing of one of the heads of the body carrying out operational investigative activities or ensuring the security of the Russian Federation, which decided to suspend the provision of communication services.
4. The procedure for interaction of communication operators with authorized government bodies carrying out operational investigative activities or ensuring the security of the Russian Federation is established by the Government of the Russian Federation.
5. When investigative actions are carried out by authorized state bodies, telecom operators are obliged to provide assistance to these bodies in accordance with the requirements of criminal procedural legislation.
Chapter 10. MANAGEMENT OF COMMUNICATION NETWORKS IN EMERGENCIESSITUATIONS AND IN CONDITIONS OF EMERGENCY
Article 65. Management of a public communications network
1. Management of a public communications network in emergency situations is carried out by the federal executive body in the field of communications in interaction with control centers for special-purpose communications networks and technological communications networks connected to the public communications network.
2. To coordinate work to eliminate the circumstances that served as the basis for the introduction of a state of emergency, and its consequences, in accordance with the regulatory legal acts of the Russian Federation on the introduction of a state of emergency, temporary special management bodies may be formed, to which the corresponding powers of the federal executive body in the field of communications are transferred .
Article 66. Priority use of communication networks and means of communication
1. During emergencies of a natural and man-made nature, determined by the legislation of the Russian Federation, authorized state bodies, in the manner determined by the Government of the Russian Federation, have the right to priority use of any communication networks and means of communication, as well as suspension or restriction of the use of these communication networks and means communications.
2. Communication operators must give absolute priority to all messages relating to human safety on water, on land, in the air, in outer space, as well as messages about major accidents, disasters, epidemics, epizootics and natural disasters related to the implementation of urgent measures in areas of public administration, national defense, state security and law enforcement.
Article 67. Repealed.
Chapter 11. LIABILITY FOR VIOLATION OF LEGISLATIONOF THE RUSSIAN FEDERATION IN THE FIELD OF COMMUNICATIONS
Article 68. Responsibility for violation of the legislation of the Russian Federation in the field of communications
1. In cases and in the manner established by the legislation of the Russian Federation, persons who have violated the legislation of the Russian Federation in the field of communications bear criminal, administrative and civil liability.
2. Losses caused as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies are subject to compensation to telecom operators and users of communication services in accordance with civil legislation.
3. Telecom operators bear property liability for loss or damage to a valuable postal item, lack of postal enclosures in the amount of the declared value, distortion of the text of a telegram that changes its meaning, non-delivery of a telegram or delivery of a telegram to the addressee after twenty-four hours from the moment of its submission in the amount of the deposited telegram fees, with the exception of telegrams addressed to settlements where there is no telecommunication network.
4. The amount of liability for non-fulfillment or improper fulfillment by telecom operators of their duties for forwarding or delivering other registered postal items is determined by federal laws.
5. Employees of telecommunications operators bear financial liability to their employers for the loss or delay of delivery of all types of postal and telegraphic items, damage to the attachments of postal items that occurred through their fault in the performance of their official duties, in the amount of liability that the telecom operator bears to the user of communication services , unless another measure of liability is provided for by the relevant federal laws.
6. The telecom operator is not responsible for failure to fulfill or improper fulfillment of obligations to transmit or receive messages or forward or deliver postal items if it is proven that such failure or improper fulfillment of obligations was due to the fault of the user of communication services or due to force majeure.
7. In the cases provided for in paragraph 3 of Article 44 of this Federal Law, the user of communications services is obliged to compensate the communications operator for losses caused to him.
Chapter 12. INTERNATIONAL COOPERATIONOF THE RUSSIAN FEDERATION IN THE FIELD OF COMMUNICATIONS
Article 69. International cooperation of the Russian Federation in the field of communications
1. International cooperation of the Russian Federation in the field of communications is carried out on the basis of compliance with generally recognized principles and norms of international law, as well as international treaties of the Russian Federation.
In international activities in the field of telecommunications and postal services, the federal executive body in the field of communications acts as the communications administration of the Russian Federation.
The Communications Administration of the Russian Federation, within the limits of its powers, represents and protects the interests of the Russian Federation in the field of telecommunications and postal communications, interacts with communications administrations of foreign states, intergovernmental and international non-governmental communications organizations, and also coordinates issues of international cooperation in the field of communications carried out by the Russian Federation and citizens of the Russian Federation and Russian organizations, ensures the fulfillment of the obligations of the Russian Federation arising from international treaties of the Russian Federation in the field of communications.
2. Foreign organizations or foreign citizens carrying out activities in the field of communications on the territory of the Russian Federation shall enjoy the legal regime established for citizens of the Russian Federation and Russian organizations to the extent that this regime is provided by the relevant state to citizens of the Russian Federation and Russian organizations, unless otherwise not established by international treaties of the Russian Federation or federal laws.
Article 70. Regulation of activities in the field of international communications
1. Relations related to activities in the field of international communications on the territory of the Russian Federation are regulated by international treaties of the Russian Federation in the field of communications, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. The procedure for settlements between international telecommunication operators is established on the basis of international operating agreements and taking into account the recommendations of international telecommunication organizations, of which the Russian Federation is a participant.
3. To provide communication services within the global information and telecommunications networks on the territory of the Russian Federation, it is mandatory:
creation of Russian segments of global communication networks that ensure interaction with the unified communication network of the Russian Federation;
creation of Russian telecom operators that meet the requirements imposed on them by this Federal Law;
ensuring economic, social, defense, environmental, information and other types of security.
Article 71. Movement of terminal equipment across the customs border of the Russian Federation
1. The movement of terminal equipment across the customs border of the Russian Federation, including the import by individuals into the customs territory of the Russian Federation of terminal equipment for the purpose of operation in communication networks for personal, family, household and other needs not related to business activities, is carried out in accordance with customs legislation of the Russian Federation without obtaining a special permit for the import of the specified equipment.
2. The list of terminal equipment and the procedure for its use on the territory of the Russian Federation are determined by the Government of the Russian Federation.
Article 72. International postal services
The Communications Administration of the Russian Federation organizes international postal communications, including establishing places of international postal exchange on the territory of the Russian Federation.
Chapter 13. FINAL AND TRANSITIONAL PROVISIONS
Article 73. Bringing legislative acts into compliance with this Federal Law
Federal Law of February 16, 1995 No. 15-FZ “On Communications” (Collected Legislation of the Russian Federation, 1995, No. 8, Art. 600);
Federal Law of January 6, 1999 No. 8-FZ “On Amendments and Additions to the Federal Law “On Communications” (Collected Legislation of the Russian Federation, 1999, No. 2, Art. 235);
paragraph 2 of Article 42 of the Federal Law of July 17, 1999 No. 176-FZ “On Postal Services” (Collected Legislation of the Russian Federation, 1999, No. 29, Art. 3697).
Article 74. Entry into force of this Federal Law
1. This Federal Law comes into force on January 1, 2004, with the exception of paragraph 2 of Article 47 of this Federal Law.
President of the Russian Federation V. PUTIN
Moscow Kremlin
In accordance with Part 1 of Article 12 of the Federal Law of July 7, 2003 No. 126-FZ “On Communications” (Law 126-FZ), the unified telecommunication network of the Russian Federation consists of telecommunication networks of the following categories located on the territory of the Russian Federation.
- public communications network;
- dedicated communication networks;
- technological communication networks connected to the public communication network;
- special purpose communication networks.
Public communications network
The public communications network is intended for the provision of paid telecommunications services to any user of communications services on the territory of the Russian Federation.
Based on this, we can conclude that the contract for the provision of communication services concluded by the public communications network operator is a public contract. According to Article 426 of the Civil Code (Civil Code), a public contract is an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services that such an organization, by the nature of its activities, must carry out in relation to everyone who turns to it (retail trade , transportation by public transport, communication services, energy supply, medical, hotel services, etc.). A commercial organization does not have the right to give preference to one person over another with regard to concluding a public contract, except in cases provided for by law and other legal acts. In addition, the price of communication services, as well as other terms of the public contract, are established the same for all consumers, with the exception of cases where the law and other legal acts allow the provision of benefits for certain categories of consumers.
A commercial organization's refusal to conclude a public contract if it is possible to provide the consumer with appropriate communication services is not allowed. If a commercial organization unjustifiably refuses to enter into a public contract, the other party has the right to apply to the court with a demand to compel the conclusion of the contract. A party that unreasonably evades concluding a contract must compensate the other party for the losses caused by this.
The public communications network includes:
- telecommunication networks defined geographically within the service territory and numbering resource. The code of a geographically defined numbering zone is a part of the characters in the digital structure of the number that determines the location of the user (terminal) equipment within the territory of a constituent entity of the Russian Federation;
- telecommunication networks that are not geographically defined within the territory of the Russian Federation and the numbering resource. The code of a geographically non-defined numbering zone is a part of the characters in the digital structure of a number that determines the type of telecommunication service or telecommunication network operating within the entire territory of the Russian Federation or part of it.
- fixed telephone networks, defined geographically within the service territory and using the numbering resource of geographically defined numbering zones;
- mobile radio networks that are not geographically defined within the territory of the Russian Federation and use the numbering resource of geographically non-defined numbering zones;
- mobile radiotelephone networks that are not geographically defined within the territory of the Russian Federation and use the numbering resource of geographically non-defined numbering zones;
- mobile satellite radio networks that are not geographically defined and use the numbering resource of geographically non-defined numbering zones.
- data networks;
- telegraph communication networks (including Telex networks);
- communication networks for the distribution of television and radio broadcasting programs;
- communication networks, determined by the technology for implementing the provision of communication services.
Interaction of communication networks is possible when they are connected to each other. Connection of telecommunication networks is the establishment of technical and technological interaction of communication means of two communication networks, in which it becomes possible to pass traffic between these networks, bypassing other communication networks. Connection of television and radio broadcasting communication networks is the establishment of technical and technological interaction of communication means of two television and radio broadcasting communication networks, in which it becomes possible to transmit signals from television programs and (or) radio programs between these networks, bypassing other communication networks. Connection of telecommunication networks and their interaction are carried out on the basis of concluded agreements. The public communications network has connections to the public communications networks of foreign countries.
The television and radio broadcasting communication network is part of the public communication network, determined by the technology for implementing communication services, and includes:
- terrestrial television and radio broadcasting networks;
- cable television and radio broadcasting networks;
- satellite television and radio broadcasting networks;
- wired radio broadcasting networks.
Dedicated communication networks
In accordance with Part 1 of Article 14 of Law 126-FZ, dedicated communication networks are telecommunication networks intended for the provision of paid telecommunication services to a limited circle of users or groups of such users. This network operates only within a specified circle of users, and this is its main difference from the public communications network.
Dedicated communication networks can interact with each other, i.e. they can have attachment points and exchange traffic. An important condition is that this interaction can only take place between dedicated networks. In addition, for dedicated communication networks operating on the territory of the Russian Federation, requirements for the identification of communication networks, their nodes and terminal elements, including the significance of the number, are established independently by the operators of these communication networks, taking into account the recommendations of the Ministry of Communications and Mass Media of the Russian Federation.
Dedicated communication networks do not have connections to the public communication network, as well as to the public communication networks of foreign countries. A dedicated communication network can be connected to a public communication network only in one case - when it is transferred to the category of a public communication network, if the dedicated communication network meets the requirements established for a public communication network. In this case, the allocated numbering resource is withdrawn and a numbering resource is provided from the numbering resource of the public communication network.
Technologies and means of communication used to organize dedicated communication networks, as well as the principles of their construction, are established by the owners or other owners of these networks. This is also another difference between a dedicated communication network and a public communication network. For the latter, general universal rules apply, approved by the competent government bodies.
Communication operators of all categories of communication networks of the unified telecommunications network of the Russian Federation are required to create management systems for their communication networks that comply with the established procedure for their interaction.
In accordance with Part 2 of Article 14 of Law 126-FZ, the provision of communication services by operators of dedicated communication networks is carried out on the basis of appropriate licenses within the territories specified therein and using the numbering assigned to each dedicated communication network in the manner established by the federal executive body in the region communications.
There are two types of names of communication services included in licenses for carrying out activities in the field of providing communication services:
- telephone services in a dedicated communication network;
- mobile radio services in a dedicated communication network.
See also article.
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LETTER from the Ministry of Communications of the Russian Federation dated 28-03-95 54 ON THE PROCEDURE FOR CONNECTING TO PUBLIC COMMUNICATION NETWORKS AND THE PROCEDURE FOR REGULATING PASSAGE... Relevant in 2018
4. Technical requirements for connection to public communication networks
4.1. Technical conditions for connection
4.1.1. Technical conditions for connecting a communication network to a public communication network are issued by the public network operator to the operator of the connected network upon written request. If the provision of services that the connected network intends to provide to users is subject to licensing in accordance with current legislation, a copy of the license issued by the Ministry of Communications of the Russian Federation is attached to the request.
Refusal to issue technical conditions for connection to a network operator that has the appropriate license is not permitted.
4.1.2. Technical conditions for connection must reflect:
the specific way in which connections between networks are established;
technical parameters at network connection points (signal levels, signal spectra, transmission speeds, signaling types, signal codes, cable types, etc.);
method of accounting for traffic from the connected communication network (outgoing and incoming);
interaction of control systems and technical operation, including the method of organizing interaction between control centers of the connected network and the public network;
interaction of synchronization systems;
a list of construction and installation works that must be performed to carry out the connection, including, if necessary, the expansion of switching capacity and interstation channel banks of the public network in all necessary areas for passing traffic from/to the connected network in accordance with the current VNTP and other regulatory and technical documentation , containing requirements for communication networks;
stage of connection work.
4.1.3. It is not allowed to include in the technical conditions for connection the construction of objects and structures and the installation of equipment that are not related to the transmission of traffic from/to the connected network other than on a compensatory basis.
4.2. Connection to the public telephone network
4.2.1. Joining at the local level
4.2.1.1. The connected network, depending on the ratio of its capacity (at the end of the license period) and the capacity of the local public communication network, can be connected to the latter as an institutional PBX, district PBX, a hub area of a zoned urban local network, or a terminal or hub PBX of a rural local network.
Networks with a capacity of less than 1000 numbers are included in public city networks only as corporate PBXs or city PBX hubs.
In some cases, subject to mandatory approval by the Ministry of Communications of the Russian Federation, the connected network may contain a switching node through which connections between subscribers of the public communications network pass.
4.2.1.2. Communication networks providing telematics services are usually included in telephone networks at the level of subscriber installations. It is allowed to include networks providing telematic services and information and reference services as special services of local telephone networks. A specific decision on the method of connection is made by the operator of the public communications network, if the license of the operator of the connected network does not contain specific instructions on the method of connection.
4.2.1.3. The numbering allocated to the connected network (its switching stations and subscriber installations with access to the public communications network) is determined by the operator of the latter when issuing technical conditions for connection.
4.2.1.4. If technically possible, it is permitted to organize direct channel bundles between switching stations of the connected network and automatic telephone exchanges of the public network located in the same numbering zone, while maintaining the uniform numbering of subscribers of the connected network.
4.2.2. Connection at the intrazone level
4.2.2.1. With this method of connection, the connected network is included in the automatic telephone exchange of the public communication network as a local network and is assigned an intra-zone access code ab. The code is selected in accordance with the current numbering plan for the public communications network.
4.2.2.2. The numbering allocated to the connected network is determined by the operator of the public communication network with mandatory agreement with the Giprosvyaz Institute (assigned to the given region) when issuing technical conditions for connection.
4.2.2.3. If technically possible, it is permitted to organize direct channel bundles between switching stations of the connected network and international telephone exchanges of the public network while maintaining the unity of numbering of subscribers of the connected network.
4.2.2.4. To connect at the intrazone level, the connected network, according to the license (for the last year of its validity), must have an installed capacity of at least the average capacity of the local network in the numbering zone in question, but in any case not less than 30,000 numbers.
If the network capacity is more than 60,000 numbers, it can be allocated more than one intrazone ab code.
4.2.3. Intercity connection
4.2.3.1. With this connection method, the connected network is included in the public long-distance communication network as a numbering zone and is assigned a long-distance access code ABC.
4.2.3.2. The intercity code allocated to the connected network is determined by the Ministry of Communications of the Russian Federation in accordance with the numbering plan for the public communications network of the Russian Federation.
4.2.3.3. Connection of a communication network to a public network at the intercity level is allowed only for existing networks that have an installed capacity of their own local switching stations of at least 300 thousand numbers with a utilization rate of at least 50%.
4.2.3.4. In certain technically justified cases, simultaneous connection of communication networks to the public network at the intercity and local levels is permitted. In this case, connection at the local level is carried out separately in each numbering zone of the public network where such connection is carried out, in accordance with these Regulations and the principles of constructing a public telephone network.
4.2.4. Connection at the level of subscriber installations is carried out in accordance with the current rules for the provision of services by local telephone networks of the Russian Federation.
4.3. Connection to public telegraph networks
4.3.1. As public telegraph networks, these Regulations consider the public telegraph network with message switching and subscriber telegraph networks - the AT-50 network (national) and the Telex network (international), in the future - the unified AT/Telex network.
4.3.2. Connection to public subscriber telegraphy networks (AT-50, Telex) is permitted for departmental and other subscriber telegraphy networks, data transmission networks and telematic services.
4.3.3. Connection to the public telegraph network with message switching (TG-OP) is allowed for telegraph networks whose operators are licensed to provide the Telegram service or provide the specified service under an agreement with the operators of the TG-OP network.
The procedure for connecting other networks and equipment to the TG-OP network for transmitting non-telegraph traffic is determined by a separate regulation approved by the Ministry of Communications of the Russian Federation.
4.3.4. Connection to public telegraph networks is carried out, as a rule, at the level of subscriber installations (AT-50, Telex) or end points (TG-OP). In this case, specific connection points and numbering of the corresponding telegraph network allocated to the connected network or service are established by regional (zonal) operators of public telegraph networks.
4.3.5. In some cases, if the connected network has the appropriate technical means, connection to public telegraph networks is allowed at the level of channel switching stations (substations) (AT-50, Telex) or message switching centers (hubs) (TG-OP). In this case, specific connection points and numbering of the corresponding telegraph network allocated to the connected network or service are established by the Ministry of Communications of the Russian Federation.
4.3.6. Transit transmission of public telegraph network traffic through connected networks is not permitted, with the exception of public data networks designated by the Ministry of Communications of the Russian Federation as transport networks for the transmission of telegraph traffic.
4.4. Connection of personal radio call networks to the public telephone network
The connection of personal radio call networks to the public telephone network is carried out in accordance with the concept adopted by the State Committee for Electric Networks of Russia.
4.5. Connection of mobile radio networks to the public telephone network
The connection of mobile radio communication networks to the public telephone network is carried out in accordance with the concept adopted by the State Committee for Electric Networks of Russia.
4.6. Connection of trunking networks to the public telephone network
The connection of trunking networks to the public telephone network is carried out in accordance with the concept adopted by the State GKES of Russia.
Communication network- a set of technical means and distribution environment that ensure the transmission and distribution of information from many sources to many recipients.
Communication networks built on the basis of telecommunications are called telecommunication networks. Information transmission is carried out by multi-channel transmission systems, distribution - by switching stations.
In the literature, communication networks are classified according to their purpose, the nature of the formation and allocation of channels, types of switching, equipment and placement conditions, and degree of automation. Let us consider in more detail the classification characteristics of communication networks.
The classification of communication networks can be presented in the form of a diagram shown in Figure 2.
- 1.By purpose Communication networks are divided into two large groups:
- v Public communication networks
- v Limited-use communication networks.
A public communication network is created to provide communication services to the population, various institutions, enterprises and organizations. From the laws of the Russian Federation: a public communication network is intended for the provision of paid telecommunication services to any user of communication services on the territory of the Russian Federation and includes telecommunication networks that are defined geographically within the service territory and numbering resource and are not defined geographically within the territory of the Russian Federation and numbering resource , as well as communication networks determined by the technology for implementing the provision of communication services
When building limited-use communication networks, specific requirements are implemented, determined by the nature of the activities of a particular department in whose interests this network is being created, and the possibility of subscribers connecting to the public network is also provided. Such networks include internal communication networks and long-distance communication networks. These are special purpose communication networks, dedicated communication networks.
Intra-industrial or technological communication networks: telecommunication networks of federal executive authorities, as well as enterprises, institutions and organizations, created to manage intra-industrial activities and technological processes that do not have access to the public communications network.
- 2. By the nature of formations and allocation of communication channels communication networks are divided into
- v Primary
- v Secondary.
Primary network- a set of standard physical circuits, standard transmission channels and network paths, formed on the basis of network nodes, network stations, terminal devices of the primary network and transmission lines connecting them. In this case, a typical physical circuit and a typical channel mean a physical circuit and a transmission channel, the parameters of which comply with accepted standards.
Network path- a standard group path or several series-connected standard group paths with path formation equipment switched on at the input and output.
Secondary communication network- a set of lines and communication channels formed on the basis of the primary network, stations and switching nodes or stations and switching nodes, providing a certain type of communication.
The main task of the primary network is the formation of standard channels and group communication paths, the task of the secondary network is the delivery of messages of a certain type from the source to the consumer.
The primary network, in turn, is classified according to territorial characteristics:
- v the backbone primary network connects all regional, regional and republican centers of the country with channels of various types;
- v intrazonal primary network is part of the primary network, limited to the territory of one zone, coinciding with the administrative boundaries of the region, territory, republic. In some cases, an intrazonal network may cover several areas and, conversely, within one territorial unit there may be several intrazonal networks;
- v local primary networks - part of the network limited to the territory of a city or rural area. They provide the output of message transmission channels directly to the station and further to subscribers.
- v zonal primary networks are a combination of intrazonal and local primary networks into one network.
The hierarchy of primary communication can be seen in Figure 3.
Figure 3 - Primary network hierarchy
3. Separation of primary and secondary communication networks based on territory coverage.
Depending on the territory served, networks can be local, corporate, national, or global (territorial). And also rural, urban, intraregional, local, intercity (backbone for the primary network), international.
Local communication network- a communication network located within a certain territory (enterprise, firm, etc.).
Corporate communication network- a communication network that unites the networks of individual enterprises (firms, organizations, joint-stock companies, etc.) on the scale of one or several states.
Intraregional or zonal communication network, - long-distance telecommunications network within the territory of one or more constituent entities of the Federation.
Backbone communication network- intercity telecommunication network between the center of the Russian Federation and the centers of the constituent entities of the Federation, as well as between the centers of the constituent entities of the Federation.
Intercity communication network - a communication network that provides communication between subscribers located on the territory of different constituent entities of the Russian Federation or different administrative regions of one constituent entity of the Russian Federation (except for districts within the city).
International communication network - a set of international stations and channels connecting them, providing international communications to subscribers of various national networks.
Local communication network - a telecommunication network formed within an administrative or otherwise defined territory, not related to regional communication networks; local networks are divided into rural and urban.
Rural communication network - a communication network that provides telephone communication in the territory of rural administrative districts.
Urban communication network - a network that serves the needs of a large city. The function of a city network is to act as a backbone for connecting local networks throughout the city.
National communications network - a communication network of a given country, providing communication between subscribers within that country and access to the international network.
Global (territorial) network communications unites networks located in different geographical areas of the globe. One example of such a network could be Internet.
4 . By service area Communication networks are divided into intercity, international, local (rural, urban).
The main definitions are written in subparagraph 3.
5. Separation of networks according to the type of information transmitted. Based on the type of information transmitted, digital, analog and mixed communication networks are distinguished.
Analog communication is the transmission of a continuous signal.
Digital communication is the transfer of information in discrete form (digital form). A digital signal is analog in its physical nature, but the information transmitted with its help is determined by a finite set of signal levels. Numerical methods are used to process the digital signal.
The existence of mixed networks is typical during the transition from analog communication networks to digital ones.
- 6. Based on equipment and placement conditions, communication networks are divided into
- v Mobile
- v Stationary
Mobile refers to communication networks, the elements of which (CC, linear communication facilities) are located on the transport base and can be moved. One common type of mobile network is the military field communications network.
Fixed communication networks are created on the basis of communication nodes located in stationary structures. If necessary, fixed networks may include moving elements, for example, when replacing stationary elements that have failed for a short time, temporarily placing subscribers on moving objects, or the need to temporarily strengthen certain network elements.
- 7. According to the degree of automation, communication networks are divided into:
- v Manual
- v automated
- v Automatic.
On manual In communication networks, all or the vast majority of basic operations are performed by humans.
Automated are called networks in which the overwhelming number of functions for performing a certain volume of operations are carried out by a technical device.
Such networks are assessed by the degree of automation, which is determined by the coefficient Ka, equal to the ratio of the volume of operations performed by technical devices to the total volume of operations performed:
Where ns- the total volume of operations performed over a certain time, na- the number of operations performed by the machines.
Automatic networks provide for the performance of all functions for the transmission and switching of messages by automatic machines.
8. By type of switching networks are divided into switched, partially switched and non-switched.
For switched and partially switched Communication networks are characterized by the use of various switching options.
Long-term called switching, in which a permanent connection is established between two points on the network.
Operational called switching, in which a temporary connection is organized between two points on the network.
The combination of operational andlong-term switching assumes that in some sections of the information direction of the communication network long-term switching can be used, and in others operational switching.
Switched communication network- this is a secondary network that provides a connection at the request of a subscriber or in accordance with a given program through a telecommunication channel of terminal devices of a secondary network using switching stations and switching nodes during the transmission of messages. Transmission channels in switched networks are public channels. On partially switched communication networks, the use of all long-term and operational switching systems is provided. Really existing and projected communication networks in the near future belong to the class of partially switched ones.
TO non-switched communication networks These include secondary networks that provide long-term (permanent and temporary) connections of end devices (terminals) through a telecommunication channel using stations and switching nodes. Non-switched networks include the core communication network.
- 9.Separation networks by type of connection. Depending on the type of communication, communication networks are divided into telephone, videotelephone, telegraph, facsimile, data transmission, audio and television broadcasting networks.
- v Telephone network- This is the most common type of operational communication. Network subscribers can be both individuals and legal entities - enterprises and organizations. It is used both for transmitting analog messages, as well as digital and text or graphic messages, so not only people, but also various hardware can be subscribers of the telephone network.
The operating principle of the telephone network is based on the transmission of an audio signal through electrical wires. The first telephone exchange opened in 1877 in Connecticut (USA). Telephone operators manually connected subscribers to each other. In 1833, telephone communication between Boston and New York was already opened. The first telephone lines were free, and only young men could work as telephone operators.
Today, the telephone network is a set of switching nodes, the role of which is performed by automatic telephone exchanges (automatic telephone exchanges), and connecting and communication channels.
v Broadcasting- organization and distribution of various messages to the population using systems, networks, and electrical communications. Broadcasting is a mass medium.
There is the following classification: sound and TV broadcasting - depending on the type of messages.
Sound broadcasting is the process of circular transmission of various sound information to a wide range of geographically dispersed listeners through a special set of technical means.
The primary television signal is also generated by the scanning method. The spectrum of the video signal depends on the nature of the image, and the energy spectrum is concentrated in the band f=0...6 MHz.
Moreover, color television is compatible with black and white television, i.e. a color image is received by black and white television and vice versa, color televisions perceive a black and white image.
- v Telegraph networks are intended for transmitting (receiving) clear text messages (telegrams) or pre-encrypted ones (cryptograms). To organize telegraph communication, terminal devices such as telegraph machines and personal computers are used.
- v Fax networks are intended for transmitting (receiving) messages in the form of printed, handwritten, graphic and other still images of flat originals with reproduction of their copies at the receiving point. In networks of this type of communication, special terminal devices are used - fax machines.
- v Data network-- a system consisting of end devices (terminals) connected by data transmission channels and switching devices (network nodes), and intended for the exchange of information messages between all end devices.
- 10. Separation of networks by degree of security. Based on this criterion, communication networks are divided into protected (encrypted telephone networks, encrypted telegraph communications, etc.) and unprotected. In turn, secure networks can use equipment with guaranteed and temporary durability
- 11. Separation of networks by type of connection(equipment used). Based on the type of communication (equipment used), communication networks can be divided into wired (cable, airborne, fiber-optic) and radio networks (radio relay, tropospheric, satellite, meteor, ionospheric, etc.).
Wired communication lines include overhead communication lines (metal conductors, the laying of which is carried out openly, by tensioning them between supports-pillars with fixation on insulators) and cable communication lines (metal conductors, isolated from each other and from the environment, the laying of which is carried out openly , on the surface of something, or underground, under water, in sewer structures).
Advantages of wired communication networks:
- v absence of mutual interference when laying together a large number of lines in a limited area (subject to certain laying rules);
- v low level of self-interference in lines and channels of wired communication, which determines the relatively high quality of communication, ensuring reliability, timeliness and reliability of message transmission;
- v relative secrecy of message transmission;
- v in wired communications it is more difficult than in radio communications to deliberately interfere with the exchange of messages, etc.
Disadvantages of wired communication networks:
- v the need for significant financial and material costs due to the need to organize and carry out expensive earthworks (especially in cities), the need to use expensive materials (non-ferrous metals, etc.);
- v impossibility (increased complexity) of laying and operating lines in hard-to-reach areas (in wetlands, in the mountains);
the susceptibility of wire lines to destruction during natural and man-made emergency situations, as well as the possibility of their intentional damage.
Wireless communications (including radio communications) in the modern world play one of the leading roles in the process of transmitting and processing information. Some 100 years have passed since the first experiments in wireless telecommunications, but during this time the means and technologies of radio communications (wireless communications), as an integral part of scientific and technological progress, have penetrated into many areas of modern society.
Modern wireless communications, despite their small size and weight, are often quite complex technical devices that require qualified specialists to design such systems and maintain their high performance characteristics.
The advantages of wireless communication lines are obvious: they are cost-effective (no need to dig trenches to lay cables and rent land); low operating costs; high throughput and quality of digital communications; rapid deployment and change of network configuration; easy overcoming of obstacles - railways, rivers, mountains, etc.
Wireless communications in the radio range are limited by congestion and shortage of frequency range, insufficient secrecy, susceptibility to interference, including intentional interference and from adjacent channels, and increased power consumption. In addition, radio communications require lengthy approval and registration with the assignment of frequencies by the Gossvyaznadzor authorities (in our country the state authorized body), rent for the channel, and mandatory certification of radio equipment by the State Commission for Radio Frequencies.
Serious disadvantages of wireless communications are: relatively low throughput; poor signal transmission through walls, possibility of data interception or unregistered entry if additional security mechanisms are not used.
12. Also, all networks can be divided by type of topology.
The simplest communication network consists of two nodes and one branch (Fig. 4.)
Figure 4 - The simplest communication network
Such a network is called degenerate. More complex networks are characterized by spatial structure (or topology).
v The first topology is a common bus (SH) (Fig. 5)
Figure 5 - Common bus topology
Computer networks and technological information transmission networks in railway transport are built according to this principle.
Advantages: simplicity (since one communication channel is used).
- v Ring topology (Fig. 6)
Figure 6 - Ring topology
In a ring topology, information is transmitted in a circle, usually through road-level wired communications, computer networks, or circular call transmission.
Advantages: simplicity and higher reliability compared to a common bus.
The disadvantage is the installation of additional communication channels.
v Star or radial topology (Fig. 7)
Figure 7 - Radial topology
CUS - central communication center;
1, 2, 3 - peripheral communication nodes.
Based on the principle of star-shaped (radial) topology, wired, fiber-optic and radio communication systems are built.
Advantages: simplicity and good reliability.
v Fully connected topology (Fig. 8).
Figure 8 - Fully connected topology
The principle of fully connected topology is used in especially critical types of communications, as well as in some types of radio communications.
Advantages: high reliability, since even with the output of several communication channels the network can function normally.
Disadvantages: high cost and length of communication channels.
v Tree or node topology (Fig. 9.)
Figure 9 - Tree topology
Many railway transport systems are built according to the principle of tree (nodal) topology.
Advantages: small number of channels with a large number of nodes.
13. Networks are differentiated based on the method of message delivery circuit-switched and storage networks (message-switched and packet-switched networks).
Circuit switched networks-- for transmission between terminal devices, a physical or logical channel is allocated, through which continuous transmission of information is possible throughout the entire communication session. The transmission route in such systems, as a rule, is determined when a communication session is established and does not change until the end. A circuit switched network is, for example, a telephone network. In such networks, it is possible to use nodes of a very simple organization, up to manual switching, but the disadvantage of such an organization is the inefficient use of communication channels or an increase in connection waiting time if the flow of information is inconsistent and unpredictable.
Packet switched networks-- messages between nodes in such a network are transmitted in short bursts - packets that are switched independently and combined at the network node closest to the recipient. The vast majority of computer networks are built according to this scheme. This type of organization very effectively uses data transmission channels between network nodes, but requires more complex equipment of the nodes (implementing the division of messages into packets, their routing, temporary storage of packets, monitoring the fact of delivery to the recipient node and restoring messages from packets at the end node of the network), which predetermined its use in large information and telecommunication networks, an example of which is the Internet.
The basis for all definitions and provisions listed below is the Federal Law of February 16, 1995.N 15-FZ (as amended on July 17, 1999) “On Communications”
Interconnected communication network of the Russian Federation
Interconnected communication network of the Russian Federation (VSSRF). The interconnected communication network of the Russian Federation is a complex of technologically interconnected public communication networks and departmental telecommunication networks on the territory of the Russian Federation, provided with general centralized management, regardless of departmental affiliation and forms of ownership.
The development and improvement of the interconnected communication network of the Russian Federation is carried out taking into account the technological unity of all telecommunication networks and means in the interests of their integrated use, increasing the efficiency and sustainability of operation.
The state, in accordance with the federal program for the development of the interconnected communication network of the Russian Federation, at the expense of the federal budget and funds from the budgets of the constituent entities of the Russian Federation, provides support to communications enterprises in the implementation of federal and regional programs, carrying out measures to improve the reliability of the interconnected communication network of the Russian Federation and the creation of a mobilization reserve of communication equipment and cable products, ensuring the development of all types of communication networks included in the specified network.
Public communication networks
Public Communications Network (GSN). The public communication network as an integral part of the interconnected communication network of the Russian Federation is intended to provide communication services to all individuals and legal entities on the territory of the Russian Federation and includes all telecommunication networks under the jurisdiction of the Russian Federation, except for dedicated and departmental communication networks, regardless of their affiliations and forms of ownership. Responsibility for the operation and development of the public communications network rests with the federal executive authorities in the field of communications.
When constructing and equipping a public communication network, the requirements for ensuring the reliability of the specified network when exposed to destabilizing factors are taken into account.
Departmental communication networks, dedicated communication networks of individuals and legal entities
Departmental communication networks (BCNs). Departmental communication networks are created and operate to meet the production and special needs of federal executive authorities, are under their jurisdiction and are operated by them. Departmental communication networks can also be used to provide communication services to the public and other communication users. Interfacing of departmental communication networks with the public communication network is carried out on a contractual basis, subject to ensuring compliance of technical means and communication structures of departmental communication networks with the requirements and technical standards established for the public communication network, and obtaining a license in accordance with Article 15 of this Federal Law.
Dedicated communication networks on the territory of the Russian Federation can be created by any individuals and legal entities, including foreign investors with a recognized legal status. The activities of providing communication services by operators of dedicated communication networks are subject to licensing requirements in accordance with Article 15 of this Federal Law.
When dedicated communication networks are connected to a public communication network, these networks move into the category of public communication networks.
The procedure for connecting departmental and dedicated communication networks with the public communication network is established by the Government of the Russian Federation.
When pairing dedicated communication networks with SSOP, these networks move into the SSOP category.
Enterprise communications networks and government communications
A corporate network (CN) is a system that ensures the transfer of information between various applications used in a corporation.
CS are the basic supporting structure of a modern organization, regardless of whether the organization is commercial (trade, industrial multidisciplinary) or belongs to the public sector.
Communication networks for the needs of government, defense, security and law enforcement in the Russian Federation
Government communications are provided by specially authorized bodies determined by the President of the Russian Federation. These bodies provide special types of communication to government bodies of the Russian Federation and organizations, ensuring, within the limits of their powers, the preservation of state secrets. The rights and obligations of the said communication bodies are determined by the legislation of the Russian Federation.
Communications for the needs of defense, security and law enforcement in the Russian Federation are provided by the communications authorities of the relevant federal executive authorities. They are given the right, without prejudice to their core business, to use the networks and communications facilities under their control to transmit or receive messages from communications users for commercial purposes. In this case, the provision of communication services is subject to licensing requirements in accordance with Article 15 of this Federal Law.
Channels of public communication networks and departmental communication networks for the needs of management, defense, security and law enforcement in the Russian Federation are provided on a rental basis in the manner prescribed by the legislation of the Russian Federation.
The procedure for preparing and using a public communications network for the needs of management, defense, security and law enforcement in the Russian Federation is determined by the legislation of the Russian Federation.
Federal executive authorities in the field of communications, communications authorities of other federal executive authorities, telecom operators, regardless of their form of ownership, are obliged to ensure the priority provision of communication channels for the needs of management, defense, security and law enforcement in the Russian Federation and to take priority and urgent measures to replace channels communications or their restoration in case of damage.
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