Law on Communications in the latest edition. To activate the number, you need

Federal Law No. 126-FZ dated July 7, 2003 “On Communications” regulates legal basis in the field of cellular communications in Russia and establishes rights state power, as well as the rights and obligations of persons using communication services. The activities of other regulatory legal acts, such as advertising and the media, are also indirectly considered.

This Federal Law was adopted by members of the State Duma on June 18, 2003 and approved by the Federation Council on June 25 of the same year. Last changes were approved on July 7, 2017. Innovations are aimed at creating more favorable conditions for the correct and convenient provision of communication services in all regions Russian Federation. Reviewed and improved protection of service user interests mobile communications and persons who are engaged in activities in the field of economic entities.

The Mobile Communications Law is divided into 13 chapters, which regulate:

• Chapter 1 Basic provisions. Includes 4 articles that cover general concepts, provisions and purposes of this law;
• Chapter 2 Fundamentals of activities in the field of communications (Articles 5-10). Issues such as ownership of networks and communications are explained; organization of activities related to the placement of relevant structures; operator protection; registration of property rights; construction and operation of communication lines and communication land;
• Chapter 3 Communication networks (Articles 11-17). They describe in detail each communication - technological, special purpose, common use, postal, federal and others (by the way, the Federal Law on Postal Services);
• Chapter 4 Connection of telecommunication networks and their interaction (Articles 18-20). This chapter regulates the right to join mobile communication, its features and requirements, terrestrial broadcasting of mandatory public television channels and prices for connection services;
• Chapter 5 State stabilization of activities in the field of cellular communications (Articles 21-28). The organization involved in regulating this activity and other federal and radio frequency authorities that exercise supervision in the relevant area are presented;
• Chapter 6 Legal activity in the field of service provision and conformity assessment (Article 29-43). In this section you can find out who has the right to obtain a license, what the rules and requirements are, the validity period of the permit, as well as the reasons for refusing to grant a license;
• Chapter 7 Services cellular communication(vv. 44-56). All responsibilities of operators, benefits and advantages when using communication services, the procedure for filing complaints and the grounds for calling emergency services are established;
• Chapter 8 Universal cellular communication services (57-61). The universal service operator, their reserve, sources of reserve formation and their expenditure are presented;
• Chapter 9 Protection of user rights (Articles 62-64). This section regulates the rights and obligations of telephone communications operators and restrictions on the rights of users when conducting operational investigative activities and measures to ensure the security of the Russian Federation and other investigative actions;
• Chapter 10 Management of networks in emergency situations and during a state of emergency (Articles 65-67);
• Chapter 11 Responsibility for violation of the legislation of the Russian Federation (Article 68);
• Chapter 12 International cooperation of the Russian Federation in the field of mobile communications (Articles 69-72);
• Chapter 13 Final and transitional provisions (Articles 73-74).

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The purpose of the Federal Law of July 7, 2003 No. 126-FZ “On Communications” is to create optimal services, You can familiarize yourself with the latest edition of the Federal Law. Activities are carried out in the field of mobile communications of business entities, the rights and interests of users are protected. The Communications Law introduces new promising standards and technologies in the field of mobile communications.

Another main task of the legislation of the Russian Federation is to guarantee fair and effective competition and centralized management of the Russian radio frequency resource. Are being created special conditions to develop the Russian communications infrastructure and to guarantee the needs for cellular communications for the needs of government, security and defense of the country and law enforcement.

Amendments to the Law “On Communications”

The latest changes to the law on cellular communications were adopted on June 7, 2016 and approved by the Federation Council on June 15 of the same year. The changes affected articles 2 and 24.

Clause 3 of Article 2 was supplemented with the following: an agreement on multi-subject use of the radio frequency spectrum is concluded between two or more users. The agreement must be drawn up in accordance with the joint use of the radio frequency spectrum, the norms of which are established in this Federal Law No. 126-FZ. And in subparagraph 15, replace the word “either” with “and/or”.

Main amendments to Article 24:

• paragraph 1. “And assigned” should be replaced with “and (or) assigned”;
• point 3. “To the services that allocated the radio frequency band” should be replaced with “by the decision of the services that allocated the radio frequency band. An agreement on the multi-subject use of the radio frequency spectrum must contain: permission to use, rights and obligations of users, the procedure for mutual settlements, the procedure for resolving disputes and the procedure for terminating disputes;
• point 8. Add the following paragraph: refusal to assign radio frequencies for radio-electronic equipment for civil purposes within the framework of sharing radio frequency spectrum;
• paragraph 11. “Permits to use radio frequencies are terminated out of court.”

Article 12

Responsible for regulating issues regarding the Unified Telecommunications Network on the territory of the Russian Federation. The latest changes were approved on November 7, 2011 in the second paragraph.

Article 33

Regulates the validity period of the license. The latest changes were adopted on July 13, 2015. Clause 3.1 of Article 33 was supplemented with the following: documents on extending the validity period of a license can be provided on paper or in the form of an electronic document.

Article 44

The law was slightly amended (on July 13, 2015) paragraph 3 of Article 44.1, establishing distributions over the mobile radiotelephone communication network, which is now carried out in accordance with the State Corporation for Space Activities Roscosmos.

Article 46

The latest amendments made to the Federal Law “On Communications” were approved on July 6, 2016. Paragraph 1 was supplemented with the following: to stop, when carrying out operational investigative activities, the provision of cellular communication services, in the event of failure to confirm personal data.

The 21st century is the century of information and rapidly developing technologies. It is impossible to imagine the absence of uninterrupted and high-quality work of services involved in the communications sector: mobile operators, Internet providers, television and radio broadcasters. One of the basic laws in this area in Russia is the Federal Law on Communications, which will be discussed in this article.

The essence of the law

Federal Law No. 126-FZ “On Communications” was adopted by the State Duma of Russia and approved by the Federation Council of the Russian Federation in June 2003.

The law regulates the legal aspects of the activities of cellular operators, Internet providers and other organizations and services whose work is related to the provision of communications. The law applies to agents operating on the territory of the Russian Federation, as well as those under the jurisdiction of our country. The law prescribes the powers of the state in the field of control and supervision of activities in the field of communications, as well as the rights and obligations of participants and persons using services (clients).

Structurally, the law is presented in 13 chapters, including 74 articles. Let's look at the summary of the law, outlining the main aspects and theses:

• Chapter 1. General provisions: goals of the law, basic concepts, scope, relevant legislation;
• Chapter 2. Fundamentals of activities in the field of communications: ownership of networks and facilities, organization of the placement of structures, protection of networks and equipment, construction and use of communication lines in border areas, communication lands;
• Chapter 3. Communication networks: federal, unified telecommunications network, public, dedicated, technological special and postal communication networks;
• Chapter 4. Connection of telecommunication networks and their interaction: right to connection, requirements, procedure, connection features for operators of public television and radio channels, terrestrial broadcasting, cost of connection services;
• Chapter 5. Government regulation: use and distribution of the radio frequency spectrum, allocation of bands and assignment of channels, control of emissions, tariffication of communication services;
• Chapter 6. Licensing and conformity assessment: requirements for the application and the procedure for its consideration, bidding, validity period of the license, refusal to issue, re-issuance, change, suspension, renewal and cancellation of the license, register, information about the broadcaster broadcasting television and radio channels through a telecom operator, issuance and cancellation of certificates, confirmation and declaration of conformity;
• Chapter 7. Communication services: features of their provision to citizens, distribution over the radiotelephone network, responsibilities of operators, benefits, use of languages ​​and alphabets, accounting and reporting time of the network, official telecommunications, features of the provision of traffic services for the needs of the state and municipal institutions, calling emergency services, operator information bases, payment, complaints, claims and the procedure for their consideration;
• Chapter 8. Universal services: universal service operator, reserve and its formation, expenditure of reserve funds;
• Chapter 9. Protecting User Rights: client rights, confidentiality conditions, features associated with conducting operational activities and other investigative actions;
• Chapter 10. Network management in emergency or emergency situations: management rules, priority use;
• Chapter 11. Responsibility for violation of the legislation of the Russian Federation;
• Chapter 12. International cooperation: regulation, import into Russia and export from the country of radio-electronic equipment and high-frequency devices;
• Chapter 13. Final provisions: application, procedure for the entry into force of the law.

Being relevant and in demand, this law has been amended many times - in 2017 alone, the law was amended three times. The latest amendments made to the law date back to July 2017. Let's take a closer look.

Familiarize yourself with the main provisions of Federal Law No. 64

Last changes

With the entry into force of Federal Law N 193-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On the Security of the Critical Information Structure of the Russian Federation” in July 2017, the Law in question FZ-126 underwent the following changes:

• Article 12“On the unified telecommunications network in the Russian Federation” was supplemented with clause 1.1, according to which the procedure for preparing and using the resources of this network in order to ensure the functioning of significant critical infrastructure facilities is approved by the Government of Russia;
• Article 46, paragraph 1 on the responsibilities of telecom operators was supplemented with a new paragraph, which states that when installing tracking devices in a telecommunication network that is used for the interaction of objects of critical information infrastructure of the Russian Federation hacker attacks, it is necessary to ensure the order, technical conditions for the installation and use of such means established by the 2017 law FZ-187 “On the security of critical information infrastructure.”

Let us consider in more detail the content of individual articles of the law.

Article 12 "On the unified telecommunications network in the Russian Federation" Part 1 states that such a network includes the following categories:

• Public networks;
• Dedicated;
• Technological;
• Special networks, as well as networks that use electromagnetic systems for data transmission.

Part 2 art. 12 of Law FZ-126. For networks that are part of the unified telecommunication network of Russia, the federal executive body prescribes:

• Order of interaction and (in some cases) centralized management;
• Requirements to the design, installation, use, management, numbering, equipment used, ensuring stable operation, protection against unauthorized intrusion, as well as the procedure for putting networks into operation. The content of the requirements varies depending on the network category and does not apply to dedicated and technological networks not connected to the general network, as well as to a special-purpose network;
• Metrological requirements to comply with the provisions and rules established by legislation on ensuring the uniformity of measurements. These requirements apply to both communication equipment and the means of change used.

The requirements for networks are coordinated with the Federal Security Service (since 2010). Operators of all categories are required to create management systems for their networks in accordance with the established procedure for interaction (Part 3 of Article 12).

License. Entrepreneurial activities involving the provision of communication services to the population can be carried out exclusively on the basis of a license (Part 1 of Article 29 of the law).

According to Part 1 of Article 33, a license can be issued for a period from 3 to 25 years (at the request of the applicant, the period can be less than 3 years).

Thus, the license validity period depends on:

• The period specified by the applicant;
• Contents of services;
• Decisions of the state commission, if the requested license is issued for the provision of communication services using the radio frequency spectrum;
• Technical features (restrictions and conditions) associated with the connection and interaction of telecommunication networks.

The validity period may be extended upon application either for the initially specified period or for a longer period not exceeding the periods specified above. An application for renewal should be submitted no earlier than 6 and no later than 2 months before the expiration of the license. The documents required for this are indicated in Art. 30 of the law. They can be submitted both in paper and electronic versions, certified with a special signature. The duration of making a decision on the application should be no more than 45 days.

If, at the time of filing and consideration of the application, there are detected and unresolved violations of the terms of the license, renewal may be refused.

Provision of communication services(Article 44 of the Communications Law).

Such services are provided on the basis of relevant contracts. To register them, the operator or his representative is obliged to use: premises owned or leased, or equipped retail outlets in shopping and entertainment centers, stationary retail facilities.

Concluding agreements for the provision of mobile radiotelephone communication services in non-stationary trading areas is prohibited. An exception is made for specially equipped mobile retail outlets located in vehicles.

Attention! From June 1, 2018 This relaxation will also apply to mobile operators concluding contracts via the Internet, if the identity of an individual (client) was previously established in person. Also, paragraph one will be supplemented with a provision that states that mobile radiotelephone communication services can be provided to the subscriber only after the operator has provided reliable information (documents).

The rules for the provision of services to subscribers are established by the Government of the Russian Federation. They regulate the relationship between users and mobile operators, the procedure for identifying customers and the equipment they use, the procedure and grounds for suspending the provision of services and terminating the contract, the rights and obligations of the parties, the form and procedure for payments for use, filing and consideration of complaints from subscribers, the responsibility of the parties (clause 2 Article 44 of Federal Law No. 126).

The mobile operator has the right to suspend the provision of services in connection with the user’s violation of the rules for the provision of communication services established by this law or the terms of the contract, incl. regarding payment or until the violation is eliminated. If the violation has not been eliminated within six months from the date of sending the corresponding notification to the user, the mobile operator has the right to terminate the contract unilaterally - for exceptions, see Part 3 of Article 44 of Federal Law No. 126.

Paragraph 4 of this article states possibility of saving user of own subscriber number when switching to another mobile operator (within the same region), which Russians received in 2013. To do this, the client needs to pay off the payment arrears, terminate the contract with the current mobile operator and conclude it with another supplier. The cost of the transition procedure cannot exceed 100 rubles.

Paragraph 5 of Article 44 addresses the issue of connecting various types of content services from third parties (confirmation and payment for online purchases, for example). It is indicated that the provision of such services is carried out exclusively with the consent of the subscriber. But first, the mobile operator is obliged to provide information about tariffs, a summary of the services and the person providing them.

Individual individuals and legal entities have the right to act on behalf of the telecom operator on the basis of an appropriate written document confirming authority. When concluding an agreement with a client, the intermediary is obliged to enter information about the user into it, and then send 1 copy to the operator within no more than 10 days. In turn, the operator is obliged, upon receipt of this information, to verify its accuracy.

Article 46 on the obligations of the operator. When carrying out its activities, the operator is obliged to:

• Comply with the legislation of the Russian Federation, technical norms and rules, license and contract provisions;
• Be guided at the stage of design, installation, reconstruction and commissioning by the requirements of regulatory legal acts to ensure sustainability and safety of work;
• Comply with the requirements for organizational and technical interaction with other networks in terms of mutual settlements and mandatory payments;
• Provide statistics in accordance with the approved form and procedure;
• Provide, upon request of the control body, information about technical condition networks, terms of service, tariffs and taxes, prospects for the development of networks and communications;
• Block the passage of traffic containing mailings that violate legal requirements. In 2018, it will also be necessary to block traffic in connection with a request from the body conducting operational investigative activities or an order from the service for control and supervision in the field of media (FZ) and mass communications in the event of failure to confirm within 15 days that the user’s personal data corresponds to the declared information - in order to crime prevention using networks and communications.

The operator is obliged to provide conditions for unimpeded access to communication facilities (communication shops, post offices) for disabled people - in accordance with the requirements of legislation in the field of social protection.

In Part 2 of Art. 46 of Federal Law No. 126 lists the requirements for the premises of a telecom operator and the specifics of providing services to people with disabilities.

The operator is obliged to create a system of free information and reference services for its clients.

Part 4 of Article 46. Television and radio broadcasting. An operator whose work is related to television or radio broadcasting is obliged, on the basis of a concluded contract and the license he has received, to broadcast a package of mandatory television and radio channels. There is no need to enter into separate agreements with these channels, and the broadcast must be carried out unchanged at the expense of the operator (i.e. free of charge for the subscriber).

Let us recall that this procedure was introduced in 2009 by decree of the President of Russia. In total, the package includes 3 radio channels and 20 television channels - 10 are unchanged, the second 10 is determined according to the results of the competition for terrestrial broadcasting using positions in multiplexes throughout the Russian Federation. The 21st position is occupied by the obligatory television channel of each individual subject of the country.

The telecom operator carrying out broadcasting does not have the right to independently change the order of broadcast channels, programs and other materials without agreeing on this possibility with the broadcaster.

Part 5 of Article 46. Internet provider is obliged, in accordance with the requirements of Federal Law N 149 “On Information, Information Technologies and Information Protection,” to restrict and restore access to information transmitted via the Internet, as well as to ensure the installation in its network of technical means of monitoring the operator’s compliance with the requirements provided by the regulatory state body, established by Articles 15.1 - 15.4 of the specified Federal Law.

Parts 6 and 7 revisit issue of subscriber transfer to another mobile operator. So, after concluding a new agreement, the previous mobile operator is obliged to transfer the subscriber number to the network of another cellular operator for the time specified in the concluded agreement. The procedure and timing of the transfer are specified in. If the terms and conditions are violated, the previous mobile operator is obliged to provide the user with free communication services until the number is actually transferred to the network of the new mobile operator.

Download the current edition of 126 Federal Law

When considering even a few individual provisions of this law, it becomes clear that it concerns not only broadcasters, providers, mobile operators and agents - not least this law was created for users - to protect and ensure their rights and interests.

To learn more about Federal Law-126, or, as it is often called, the law on mobile or cellular communications, we offer No. 126-FZ “On Communications” dated 07/07/2003 in the latest edition.

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 radio frequency band - resolution 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 - entity or an 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 provided for by this Federal Law, is charged with the obligation to provide 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, project documentation which provide for such characteristics as a height of seventy-five to one hundred meters and (or) deepening of the underground part (in whole or in part) below the planning level of the ground from five to ten meters;

15) radio frequency spectrum user - 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 effect of electromagnetic energy on the reception of radio waves, caused by one or more radiation, including radiation, induction, and manifested in any deterioration in the quality of communication, errors or loss of information that could have been avoided in the absence of exposure to such energy;

19) radio frequency - frequency electromagnetic vibrations, set 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, operation of communications and communication facilities, the owner or other owner in court has the right to demand termination of the contract with the communications organization on the use of this property.

4. When moving or rebuilding communication lines and communication structures due to construction, expansion of settlement territories, overhaul, 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 for expenses associated with such transfer or reconstruction, unless otherwise provided by the legislation on highways and road traffic 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 technical specifications, issued by the communications 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 federal body executive power 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 transfers Money.

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 their 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 by 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 of sending the application.

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 government 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 means and high-frequency devices that are sources 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 radios used on sea ​​vessels, inland navigation vessels, mixed (river-sea) navigation vessels, on-board 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 on-board 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 (electromagnetic compatibility examination). 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. If a violation of the conditions established when allocating a radio frequency band or assigning (assigning) a radio frequency or radio frequency channel is detected, 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 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 legal 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 is not refunded.

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 received by an individual on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels 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 authority 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 peasant (farm) households, 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 monitoring is integral part 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 liability established by the legislation of the Russian Federation for violation of inviolability privacy, 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) assert 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 specified in paragraphs 1 - 3 of Article 30 of this Federal Law necessary documents, except for cases where the license is issued based on the results of a tender (auction, competition);

in other cases, within a period not exceeding thirty days from the date of receipt of the license applicant’s application 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:

communications 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 modified software, which is part of a communication device, the manufacturer may, in accordance with the established procedure, issue a declaration of conformity this tool connection with the requirements of a previously issued certificate of conformity or 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, allowing you to identify the means of communication and containing technical specifications, through which it is possible to assess the compliance of a communication device with established requirements.

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 obtained with the participation of an accredited testing laboratory(center) of evidence.

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 standards and rules, license, as well as an agreement for 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 own 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 ensure the possibility of calling emergency services (fire department, police, ambulance) around the clock, free of charge for the user of communication services. medical care, emergency gas service and other services, 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 have become well-known operators communications by virtue of the execution of an agreement for the provision of communication services are information limited access and are 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. information services 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 tariffs for services of this operator communications 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 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 a dedicated to this subscriber subscriber number, unless otherwise provided 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 with 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 assigned 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 state 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 bodies departments 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 telecom operators bear financial liability to their employers for the loss or delay of delivery of all types of postal and telegraphic items, damage to postal mailings that occurred through their fault during their performance job responsibilities, 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 Russian operators communications 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

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.

To conclude contracts for the provision of mobile radiotelephone communication services, a telecom operator or a person authorized by it must use:

premises, parts of premises owned, under economic control, operational management or leased;

equipped retail spaces in stationary retail facilities and in areas intended for trading activities and located in other stationary facilities, or retail facilities with sales floors designed for one or more workplaces.

The conclusion of agreements for the provision of mobile radiotelephone communication services in non-stationary retail establishments is prohibited, with the exception of cases where a telecom operator or his authorized person concludes agreements for the provision of mobile radiotelephone communication services in vehicles that are specially equipped to serve subscribers and the requirements for which are established by the federal executive body in the field of communications, or contracts for the provision of mobile radiotelephone services via the Internet information and telecommunications network using an enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key, the identity of an individual is established during personal reception.

Mobile radiotelephone communication services are provided to a subscriber - an individual or a subscriber - a legal entity or an individual entrepreneur and user of the communication services of such a subscriber, reliable information about which is provided to the communication operator in accordance with the rules for the provision of communication services, unless otherwise provided by this Federal Law. A subscriber - a legal entity or individual entrepreneur - is obliged to provide the telecom operator with information about users of communication services in accordance with the rules for the provision of communication services. The requirements of this paragraph do not apply to contracts for the provision of mobile radiotelephone communication services concluded in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and the legislation of the Russian Federation on the procurement of goods, works, services by individual types of legal entities.

The rules for the provision of communication services may establish cases in which it is not necessary to provide the communication operator with information about users of communication services of a subscriber - a legal entity or individual entrepreneur.

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, the procedure for identifying users of communication services for data transfer and providing access to the information and telecommunications network "Internet" and the terminal equipment they use, as well as the procedure and grounds for suspension of the provision of communication services under a contract and termination of such an agreement, features of the provision of communication services, rights and obligations of communication operators and users of communication services, form and procedure for payment for communication services provided, procedure for filing and consideration of complaints, claims of users of communication services, liability 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.

4. A subscriber to whom a subscriber number is allocated on the basis of an agreement for the provision of communication services has the right to retain this subscriber number within the territory determined by the Government of the Russian Federation, subject to termination of the current agreement for the provision of communication services, repayment of debt for payment for communication services and the conclusion of a new one an agreement for the provision of communication services with another mobile radiotelephone operator.

The subscriber's fee for using a saved subscriber number, established by the mobile radiotelephone operator when concluding a new contract for the provision of communication services, cannot exceed one hundred rubles.

5. If the telecom operator attracts other persons to provide content services, with the exception of communication services provided through a single portal of state and municipal services, the telecom operator, based on the subscriber’s request, is obliged to create a separate personal account intended only for payment for these communication services within the limits of the funds in the specified personal account. In the absence of the specified request, payment for these communication services is carried out in the manner established by paragraph three of this paragraph.

The provision of other services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value is carried out with the consent of the subscriber, expressed through his performance of actions that uniquely identify the subscriber and allow him to reliably establish his will to receive these services.

Before obtaining the subscriber's consent to provide other communication services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value, including content services, the telecom operator must provide the subscriber with information on tariffs for services and a summary of these services, as well as about the person providing a specific service and the personal account from which funds are written off to pay for such services.

Payments for services provided to the subscriber are made by the telecom operator.

6. A person acting on behalf of a telecom operator, when concluding an agreement for the provision of mobile radiotelephone communication services, is obliged to enter into it reliable information about the subscriber, the list of which is established by the rules for the provision of communication services, and send one copy of the signed agreement to the telecom operator within ten days after it conclusion, unless a shorter period is provided for in the specified agreement.

The telecom operator is obliged to verify the accuracy of information about the subscriber and information about users of communication services of the subscriber - a legal entity or individual entrepreneur, including those represented by a person acting on behalf of the telecom operator, in accordance with this Federal Law and the rules for the provision of communication services.

Verification of the accuracy of information about a subscriber - an individual, information about users of communication services of a subscriber - a legal entity or individual entrepreneur is carried out by establishing the surname, first name, patronymic (if any), date of birth, as well as other data from the identity document of the subscriber or users of communication services , confirmed in one of the following ways:

providing an identification document;

use of the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction information systems, used to provide state and municipal services in electronic form";

use of an enhanced qualified electronic signature;

use of a single portal of state and municipal services;

use of information systems of government bodies if there is a connection from a telecom operator to these systems via unified system interdepartmental electronic interaction.

In case of failure to confirm the reliability of information about the subscriber, information about users of communication services of a subscriber - a legal entity or individual entrepreneur, represented by a person acting on behalf of the communication operator, the communication operator suspends the provision of communication services in the manner established by the rules for the provision of communication services.

In the event of liquidation of a subscriber - a legal entity or termination by an individual of activities as an individual entrepreneur, subscriber numbers allocated to such subscribers under agreements for the provision of communication services can be re-registered to the actual user of communication services by concluding an agreement for the provision of communication services with this user in the manner established by the rules for the provision of communication services.

The telecom operator provides the subscriber using the Internet information and telecommunications network with information about the agreements concluded between it and the subscriber for the provision of mobile radiotelephone services in the manner established by the Government of the Russian Federation.

7. The conclusion of contracts for the provision of mobile radiotelephone communication services by legal entities and individuals who are not telecom operators and the implementation of payments for these services with subscribers is permitted if there is a written document confirming the authority of these legal entities and individuals to act on behalf of the telecom operator.

The provisions of Article 44 of Law No. 126-FZ are used in the following articles:

• Responsibility for violation of the legislation of the Russian Federation in the field of communications

  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.

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.

To conclude contracts for the provision of mobile radiotelephone communication services, a telecom operator or a person authorized by it must use:

premises, parts of premises owned, under economic control, operational management or leased;

equipped retail spaces in stationary retail facilities and in areas intended for trading activities and located in other stationary facilities, or retail facilities with sales floors designed for one or more workplaces.

The conclusion of agreements for the provision of mobile radiotelephone communication services in non-stationary retail establishments is prohibited, with the exception of cases where a telecom operator or his authorized person concludes agreements for the provision of mobile radiotelephone communication services in vehicles that are specially equipped to serve subscribers and the requirements for which are established by the federal executive body in the field of communications, or contracts for the provision of mobile radiotelephone services via the Internet information and telecommunications network using an enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key, the identity of an individual is established during personal reception.

Mobile radiotelephone communication services are provided to a subscriber - an individual or a subscriber - a legal entity or an individual entrepreneur and user of the communication services of such a subscriber, reliable information about which is provided to the communication operator in accordance with the rules for the provision of communication services, unless otherwise provided by this Federal Law. A subscriber - a legal entity or individual entrepreneur - is obliged to provide the telecom operator with information about users of communication services in accordance with the rules for the provision of communication services. The requirements of this paragraph do not apply to contracts for the provision of mobile radiotelephone communication services concluded in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and the legislation of the Russian Federation on the procurement of goods, works, services by individual types of legal entities.

The rules for the provision of communication services may establish cases in which it is not necessary to provide the communication operator with information about users of communication services of a subscriber - a legal entity or individual entrepreneur.

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, the procedure for identifying users of communication services for data transfer and providing access to the information and telecommunications network "Internet" and the terminal equipment they use, as well as the procedure and grounds for suspension of the provision of communication services under a contract and termination of such an agreement, features of the provision of communication services, rights and obligations of communication operators and users of communication services, form and procedure for payment for communication services provided, procedure for filing and consideration of complaints, claims of users of communication services, liability 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.

4. A subscriber to whom a subscriber number is allocated on the basis of an agreement for the provision of communication services has the right to retain this subscriber number within the territory determined by the Government of the Russian Federation, subject to termination of the current agreement for the provision of communication services, repayment of debt for payment for communication services and the conclusion of a new one an agreement for the provision of communication services with another mobile radiotelephone operator.

The subscriber's fee for using a saved subscriber number, established by the mobile radiotelephone operator when concluding a new contract for the provision of communication services, cannot exceed one hundred rubles.

5. If the telecom operator attracts other persons to provide content services, with the exception of communication services provided through a single portal of state and municipal services, the telecom operator, based on the subscriber’s request, is obliged to create a separate personal account intended only for payment for these communication services within the limits of funds located on the specified personal account. In the absence of the specified request, payment for these communication services is carried out in the manner established by paragraph three of this paragraph.

The provision of other services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value is carried out with the consent of the subscriber, expressed through his performance of actions that uniquely identify the subscriber and allow him to reliably establish his will to receive these services.

Before obtaining the subscriber's consent to provide other communication services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value, including content services, the telecom operator must provide the subscriber with information on tariffs for services and a summary of these services, as well as about the person providing a specific service and the personal account from which funds are written off to pay for such services.

Payments for services provided to the subscriber are made by the telecom operator.

6. A person acting on behalf of a telecom operator, when concluding an agreement for the provision of mobile radiotelephone communication services, is obliged to enter into it reliable information about the subscriber, the list of which is established by the rules for the provision of communication services, and send one copy of the signed agreement to the telecom operator within ten days after it conclusion, unless a shorter period is provided for in the specified agreement.

The telecom operator is obliged to verify the accuracy of information about the subscriber and information about users of communication services of the subscriber - a legal entity or individual entrepreneur, including those represented by a person acting on behalf of the telecom operator, in accordance with this Federal Law and the rules for the provision of communication services.

Verification of the accuracy of information about a subscriber - an individual, information about users of communication services of a subscriber - a legal entity or individual entrepreneur is carried out by establishing the surname, first name, patronymic (if any), date of birth, as well as other data from the identity document of the subscriber or users of communication services , confirmed in one of the following ways:

providing an identification document;

use of the federal state information system "Unified system of identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form";

use of an enhanced qualified electronic signature;

use of a single portal of state and municipal services;

use of information systems of government bodies if a telecom operator is connected to these systems through a unified system of interdepartmental electronic interaction.

In case of failure to confirm the reliability of information about the subscriber, information about users of communication services of a subscriber - a legal entity or individual entrepreneur, represented by a person acting on behalf of the communication operator, the communication operator suspends the provision of communication services in the manner established by the rules for the provision of communication services.

In the event of liquidation of a subscriber - a legal entity or termination by an individual of activities as an individual entrepreneur, subscriber numbers allocated to such subscribers under agreements for the provision of communication services can be re-registered to the actual user of communication services by concluding an agreement for the provision of communication services with this user in the manner established by the rules for the provision of communication services.

The telecom operator provides the subscriber using the Internet information and telecommunications network with information about the agreements concluded between it and the subscriber for the provision of mobile radiotelephone services in the manner established by the Government of the Russian Federation.

7. The conclusion of contracts for the provision of mobile radiotelephone communication services by legal entities and individuals who are not telecom operators and the implementation of payments for these services with subscribers is permitted if there is a written document confirming the authority of these legal entities and individuals to act on behalf of the telecom operator.

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Commentary to Art. 44 Communications Law

1. Paragraph 1 of the commented article defines the subject of the provision of communication services, recipients of communication services and the legal basis for the provision of communication services. In accordance with paragraph 1 of the commented article, communication services are provided on the territory of the Russian Federation. According to Art. 67 of the Constitution of the Russian Federation, the territory of the Russian Federation includes the territories of its subjects, internal waters and territorial sea, and the airspace above them.

The subject of the provision of services in accordance with paragraph 1 of the commented article is the telecom operator. According to Art. 2 of the Law under comment, a telecom operator is a legal entity or individual entrepreneur providing communication services on the basis of an appropriate license. The entity that purchases communication services is the user of communication services - the person ordering and (or) using communication services (see commentary to Article 2).

The legal basis for the provision of communication services in accordance with paragraph 1 of the commented article is an agreement for the provision of communication services, which is concluded in accordance with the norms of civil law. According to Chapter 39 of the Civil Code of the Russian Federation this type The contract is a contract for the provision of services for a fee. Under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services. In case of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of paid services.

2. Paragraph 2 of the commented article defines the legal basis for the rules on the provision of communication services. First of all, the clause determines that such rules are established by the Government of the Russian Federation. In particular, the Decree of the Government of the Russian Federation of May 18, 2005 N 310 “On approval of the Rules for the provision of local, intrazonal, long-distance and international telephone services” approved the corresponding Rules, according to which telephone services are provided on the basis of paid contracts. The parties to the agreement are a citizen or legal entity or individual entrepreneur, on the one hand, and a telecom operator, on the other hand. To conclude an agreement, a telecom operator providing local telephone services with access to the local telephone network or using an additional subscriber number must submit an application, the form of which is established by the telecom operator. Also, for example, according to the Decree of the Government of the Russian Federation of April 15, 2005 N 222 “On approval of the Rules for the provision of telegraph communication services,” the telecom operator provides telegraph communication services to users on the basis of an agreement for the provision of telegraph communication services. The contract for the provision of telegraph communication services is concluded in accordance with civil law and must contain the conditions provided for by the legislation of the Russian Federation and these Rules. When providing the “telegram” service at the points of delivery in the absence of the specified agreement (in writing), it is considered concluded from the moment the telecom operator issues to the sender a cash register check or a receipt (strict reporting form) confirming payment by the user for the services provided.

At the same time, clause 2 contains the fundamentals that are subject to legal regulation in accordance with these rules. In particular, according to paragraph 2 of the commented article, the rules on the provision of communication services must include the following provisions:

1) the relationship between users of communication services and operators of communication services when concluding and executing an agreement for the provision of communication services. These relationships involve the mutual implementation of the rights and obligations of these entities;

2) the procedure and grounds for suspension and termination of the contract for the provision of communication services. The procedure for suspension and termination of an agreement for the provision of communication services is a procedure that regulates issues related to the temporary termination of an agreement for the provision of communication services or the final termination of its validity. The grounds for suspension and termination of an agreement for the provision of communication services are legal facts that entail the suspension or termination of an agreement for the provision of communication services;

3) features of the provision of communication services. Features require special conditions included in the contract for the provision of communication services, as well as special conditions that apply when concluding, suspending and terminating the contract for the provision of communication services;

4) the form and procedure for payment for communication services provided. The form of payments involves regulation by the Rules on the provision of communication services of the issue regarding the type and characteristics of payments, taking into account the provisions of civil legislation on non-cash payments. The settlement procedure provides for the presentation of special requirements for the timing of such settlements and the procedure for paying funds for the rendered communication services, as well as for the methods of using the funds paid by the user for communication services;

5) the procedure for filing and considering complaints and claims involves the presentation of special requirements for filing complaints, as well as their consideration and making decisions on them. The main difference between complaints and claims is that a complaint is a request for the restoration of violated rights, which is addressed to a higher authority or manager, depending on the entity that committed such a violation. And a claim is a way to resolve disputes and disagreements without turning to higher authorities and higher officials;

Decision of the Supreme Court: Determination N VAS-4143/12, Collegium for Civil Legal Relations, supervision

The court found the terms of clause 6.2 of the agreement to be contrary to the provisions of clause 118 of Rules No. 310, Article 44 of the Communications Law, which the courts of appeal and cassation agreed with...

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