I am a provider
Good day, dear reader. If you have already built a local area network in your area or are just going to. If you have big plans for the future. If you are technically ready to enter the large Internet market and not only Internet services, then this article is for you. Here I will briefly try to tell you how to legitimize your network and become a full-fledged player in the market of communication services.
To make it clearer, we consider the task with a simple example. I will not consider the question of how to organize an LLC for you (JSC, CJSC, IP, etc.), we will assume that you have already done this. We go further, under the terms of the task you have a home local area network which includes a couple of three game and (or) file servers and a proxy server for distributing the Internet. All users are satisfied and gladly carry you money for the communication services rendered by you.
Such activity is called compensated communication services and is a licensed activity. Under Russian law, there are 20 types of communication services for which a license is required. The list of such services is determined by the Decree of the Government of the Russian Federation of February 18, 2005 No. 87 . As for our case, the communication services rendered by you are subject to data transmission services, with the exception of data transmission services for the purposes of voice data transmission and telematic communication services.
I will explain what is what. Communication services for data transmission, with the exception of communication services for data transmission for the purposes of voice data transmission - this is actually your local network with file and game servers. Voice information is IP telephony, under the terms of the task we do not have it. Telematic communication services - this is actually providing access to the Internet. You probably immediately had a question, and access to the Internet is not data transfer? I agree 100%, but why such a distinction and what is the difference between telematics and data transfer I do not know. So it happened, and instead of one license you will have to get two.
How and where to get a license? The Federal Service for Supervision in the Field of Mass Communications, Communications and the Protection of Cultural Heritage (Rossvyazokhrankultura) is engaged in licensing activities in the field of rendering communication services. I will not consider in detail how to get a license and what is needed for that. All this is described at the office. Site Rossvyazokhrankultury. Let me just say that the license is issued for a period of 3 to 25 years, but now Rossvyazokhrankultura is limited to a license for 5 years. The license costs money, I can’t say the exact price, but in our case no more than 5,000 rubles each. If you plan to use wireless broadband radio access technologies in your network, take care of the frequency assignment. I already wrote about this on Habré.
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Everything, you received the license, and with it the obligations in the form of license conditions that you must comply with if you do not want to lose your license. The conditions can also be found in the Decree of the Government of the Russian Federation of February 18, 2005 No. 87 (link above). Now you need to commission your network (now you are a licensee and your network is now called a communication facility) and obtain permission to operate a communication facility. This can be done at the territorial office of Rossvyazokhrankultura.
The rules for the commissioning of communication facilities are determined by Order No. 113 of the Ministry of Communications of the Russian Federation of September 9, 2002 . This document is old and morally obsolete, but it is still valid today. The first thing to do is to pay attention to Appendix A of this order. The fact is that for the commissioning of a communication facility, a project is needed that has passed the examination at the training and methodological center of Rossvyaznadzor . To make a project you must have a license for design, and since we do not have it, the project must be ordered. Expertise is also worth the money. So, in Appendix “A”, those communications structures are indicated for which the project is not needed. Now there are two news items, telematic communication nodes in the application, but there are no data transmission networks, and a project is necessary for your network.
I will give a little hint how to get around this. Immediately make a reservation, not the fact that it works. Rossvyazokhrankultura, as a rule, do not particularly bother with the definition of telematics on your network or data transfer. There is a switching equipment in the network means data transfer. But you built a network only to provide access to the Internet. You don’t have a file or a game server on paper; for some reason, they set up these users. Properly conclude an agreement with subscribers and maybe you will be able to do without the project, and even without a license to transfer data.
If you still decided to do the project, then do it with a review of the future expansion of the network. It is not necessary to commission the entire network at once, it is possible in parts, but to make changes in the project and again to undergo examination after each change in the network is expensive. It is also necessary to remember that the cost of the examination is a percentage of the estimated cost of the project.
Also, when commissioning a communication facility, you need to think about such a thing as SORM (system of operational search activities). In fact, this piece allows the FSB to control your network for illegal actions (hacking, extremism, terrorism, etc.) that your subscribers can do. Equipment for SORM you have to buy and install yourself. Details can be found in the Resolution of the Government of the Russian Federation of 27.8.2005 No. 538 and in the order of the Ministry of Information Technologies and Communications of the Russian Federation of 16.01.2008 No. 6 .
After obtaining a permit to operate a communication facility, you can safely begin to provide communication services on quite legal grounds. And let the competitors are afraid of you, because you have already passed both fire and water. Do not forget only about the Rules for the provision of telematic communication services and the Rules for the provision of communication services for data transmission .
Afterword
The licensing procedure described above is not very simple and morally obsolete. Today, the Government of the Russian Federation is increasingly looking at foreign experience. More than a year ago, amendments were made to the Federal Law “On Communications” regarding the procedure for commissioning communication facilities and even there is a draft decree of the Government of the Russian Federation “On approving the procedure for registering telecommunication networks” , but so far only a draft. Something our Government is in no hurry to take the first step towards coordinated change. We will live away.
Unfortunately, within the framework of one article it is impossible to cover all the questions on this topic, so I am ready, as free time appears, to answer your questions.
To make it clearer, we consider the task with a simple example. I will not consider the question of how to organize an LLC for you (JSC, CJSC, IP, etc.), we will assume that you have already done this. We go further, under the terms of the task you have a home local area network which includes a couple of three game and (or) file servers and a proxy server for distributing the Internet. All users are satisfied and gladly carry you money for the communication services rendered by you.
Such activity is called compensated communication services and is a licensed activity. Under Russian law, there are 20 types of communication services for which a license is required. The list of such services is determined by the Decree of the Government of the Russian Federation of February 18, 2005 No. 87 . As for our case, the communication services rendered by you are subject to data transmission services, with the exception of data transmission services for the purposes of voice data transmission and telematic communication services.
I will explain what is what. Communication services for data transmission, with the exception of communication services for data transmission for the purposes of voice data transmission - this is actually your local network with file and game servers. Voice information is IP telephony, under the terms of the task we do not have it. Telematic communication services - this is actually providing access to the Internet. You probably immediately had a question, and access to the Internet is not data transfer? I agree 100%, but why such a distinction and what is the difference between telematics and data transfer I do not know. So it happened, and instead of one license you will have to get two.
How and where to get a license? The Federal Service for Supervision in the Field of Mass Communications, Communications and the Protection of Cultural Heritage (Rossvyazokhrankultura) is engaged in licensing activities in the field of rendering communication services. I will not consider in detail how to get a license and what is needed for that. All this is described at the office. Site Rossvyazokhrankultury. Let me just say that the license is issued for a period of 3 to 25 years, but now Rossvyazokhrankultura is limited to a license for 5 years. The license costs money, I can’t say the exact price, but in our case no more than 5,000 rubles each. If you plan to use wireless broadband radio access technologies in your network, take care of the frequency assignment. I already wrote about this on Habré.
')
Everything, you received the license, and with it the obligations in the form of license conditions that you must comply with if you do not want to lose your license. The conditions can also be found in the Decree of the Government of the Russian Federation of February 18, 2005 No. 87 (link above). Now you need to commission your network (now you are a licensee and your network is now called a communication facility) and obtain permission to operate a communication facility. This can be done at the territorial office of Rossvyazokhrankultura.
The rules for the commissioning of communication facilities are determined by Order No. 113 of the Ministry of Communications of the Russian Federation of September 9, 2002 . This document is old and morally obsolete, but it is still valid today. The first thing to do is to pay attention to Appendix A of this order. The fact is that for the commissioning of a communication facility, a project is needed that has passed the examination at the training and methodological center of Rossvyaznadzor . To make a project you must have a license for design, and since we do not have it, the project must be ordered. Expertise is also worth the money. So, in Appendix “A”, those communications structures are indicated for which the project is not needed. Now there are two news items, telematic communication nodes in the application, but there are no data transmission networks, and a project is necessary for your network.
I will give a little hint how to get around this. Immediately make a reservation, not the fact that it works. Rossvyazokhrankultura, as a rule, do not particularly bother with the definition of telematics on your network or data transfer. There is a switching equipment in the network means data transfer. But you built a network only to provide access to the Internet. You don’t have a file or a game server on paper; for some reason, they set up these users. Properly conclude an agreement with subscribers and maybe you will be able to do without the project, and even without a license to transfer data.
If you still decided to do the project, then do it with a review of the future expansion of the network. It is not necessary to commission the entire network at once, it is possible in parts, but to make changes in the project and again to undergo examination after each change in the network is expensive. It is also necessary to remember that the cost of the examination is a percentage of the estimated cost of the project.
Also, when commissioning a communication facility, you need to think about such a thing as SORM (system of operational search activities). In fact, this piece allows the FSB to control your network for illegal actions (hacking, extremism, terrorism, etc.) that your subscribers can do. Equipment for SORM you have to buy and install yourself. Details can be found in the Resolution of the Government of the Russian Federation of 27.8.2005 No. 538 and in the order of the Ministry of Information Technologies and Communications of the Russian Federation of 16.01.2008 No. 6 .
After obtaining a permit to operate a communication facility, you can safely begin to provide communication services on quite legal grounds. And let the competitors are afraid of you, because you have already passed both fire and water. Do not forget only about the Rules for the provision of telematic communication services and the Rules for the provision of communication services for data transmission .
Afterword
The licensing procedure described above is not very simple and morally obsolete. Today, the Government of the Russian Federation is increasingly looking at foreign experience. More than a year ago, amendments were made to the Federal Law “On Communications” regarding the procedure for commissioning communication facilities and even there is a draft decree of the Government of the Russian Federation “On approving the procedure for registering telecommunication networks” , but so far only a draft. Something our Government is in no hurry to take the first step towards coordinated change. We will live away.
Unfortunately, within the framework of one article it is impossible to cover all the questions on this topic, so I am ready, as free time appears, to answer your questions.
Source: https://habr.com/ru/post/28093/
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