
From time to time, information emerges in the Ukrainian media that, they say, from day to day, well, certainly this year, operators will be obliged to turn off the so-called gray phones. Someone thinks that, they say, all the deputies and officials themselves go with "iPhones" and other phones not officially imported into our country, and therefore they will not turn off anyone - they are not enemies themselves. Someone still scares the prospect of disconnection, and he buys a "white" phone - for a clear conscience.
But here there are such doubters as I, who are afraid of switching off, and they don’t want to overpay about 50% of the cost of a “gray” phone. Therefore, I will try to clarify the situation a little “as everything is in reality.” Maybe after that the choice will be easier.
We call “gray” phones that are temporarily allowed for service in telecommunications networks. These are the phones that were not included in either the white or the black list IMEI.
According to the “Provision on the granting of permits for the import of radio electronic equipment and radiating devices from abroad” (dated 05.02.09 No. 1338), their subsequent IMEI codes are registered for use on the territory of Ukraine of terminals of the hundredth telecommunication networks imported into Ukraine in the generalized database of ІІ terminals codes, which is maintained by the State Enterprise “Ukrainian State Center of Radio Frequencies” (
the UCRF site ).
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The site also contains references to regulatory documents, according to which the sale of unregistered terminals in Ukraine is prohibited. But it does not interest us, it is the problem of sellers.
You can also find ways to register your phone yourself. You can do this if you submit to the UCRF documents that confirm the legality of importing a phone into Ukraine. One of three approaches for this purpose:
- customs declarations;
- declaration to the postal parcel;
- checks from the store and a passport confirming that you were in the country where the device was purchased.
In general, if you deliberately did not violate the law when importing the device from abroad, problems should arise. But what to do in the case when the device was purchased in Ukraine, but it was neither certified nor registered in the IMEI database? I tried to contact several sellers (both with stores and private ads) that sell such devices. It goes without saying that they could not provide any documents confirming the legality of bringing a phone into Ukraine. But the proposal is very "tasty." For example, at the time of this writing, a Sony Xperia S smartphone without registration can be found for 3200-3300 UAH, and with the registration this device will cost an average of 5000 UAH. Overpayment is 50% of the cost of an unregistered phone.
What the use of an unregistered office shines us with, we can find in the "
Rules for the provision and receipt of telecommunications services ":
21. When connecting to the telecommunications network of a mobile (mobile) communication operator of the subscriber’s final equipment, the electronic code (identifier) ​​of which, in particular the IMI code, is not included in the generalized database of such codes, the operator must send a corresponding warning to the telephone number of such equipment disconnect with reasons. Shutdown by the specified operator of the final equipment is carried out in accordance with the law.
Then I tried to find the “legislation”, according to which the operator can turn off an unregistered phone. The only and most recent thing I have found is
Bill No. 9695 of January 12, 2012, initiated by deputies Yuri Moroko (PR) and Vitaly Korzh (BYUTB) to amend the Law of Ukraine “On Telecommunications” to prevent the use of terminals, the legality of import which the territory of Ukraine is not confirmed. Thus, the
current legislation does not establish a procedure for disconnecting unregistered phones .
According to the above document:
1. The terminal is serviced in telecommunication networks in the presence of its identifier in the database of identifiers or in the database of terminals temporarily allowed for service in telecommunication networks.
2. In case of not confirming within 90 calendar days from the date of the first registration in the telecommunications network of the terminal, the identifier of which was absent in the database of identifiers, the legitimacy of the origin of this terminal in Ukraine, the identifier of this terminal is automatically transferred from the database of terminals temporarily allowed for servicing telecommunication networks, to the database of terminals not authorized for servicing in telecommunication networks.
3. Entering identifiers of stolen or lost terminals into the database of terminals not authorized for servicing in telecommunication networks is carried out by the UCRT on the recommendation of the Ministry of Internal Affairs of Ukraine. The procedure for submitting and inserting identifiers of stolen or lost terminals into the database of terminals not authorized for servicing in telecommunication networks is determined by the national commission that carries out state regulation in the field of communication and information, together with the Ministry of Internal Affairs of Ukraine.
That is,
in the case of the adoption of this law, gray phones will indeed be turned off . But at the end of the bill we find very interesting final provisions:
1. This Law enters into force on March 1, 2012.
2. All identifiers of terminals serviced in telecommunication networks as of March 1, 2012 and complying with the international format, according to the relevant operators, are entered into the database of identifiers by March 15, 2012.
3. The National Commission for State Regulation in the Sphere of Communication and Information, within three months to bring its regulatory and legal acts in accordance with this Law.
The choice of the date of “amnesty” for gray vehicles on March 1, 2012 is clear: the bill was registered on January 12 of this year. Probably, the authors hoped that they would have time to consider and accept it. But the profile committee returned the bill to parliament only on April 24, and it was included on the agenda on September 6, too, for consideration at the 11th session of parliament, which is being held now. At the same time, the committee indicated that the bill needs some work, and to begin with, it should be adopted only in the first reading and sent for preparation for the second reading. That is, the
adoption of the law is postponed for an indefinite period .
But for me it was important to see in this bill that an
“amnesty” for gray vehicles was provided for and it is tied to the day the law came into force . That leaves the hope that it will be so in the final version of the law.
Actually, trying to sort out this topic made me fear for a possible disconnection of the gray device. Before that, I only bought white devices, but the price difference was not so great. I would like to know the opinion of the community about this. I know that a lot of people buy gray devices and firmly believe that they will not turn off, especially without going into the subtleties of the law.
I ask a question to those who prefer to buy white devices. Knowing now the current version of the future law, would you buy a gray phone?