Telematic services and compulsory licensing

What is telematic services, TM-communication, etc., even IT specialists cannot say for sure what to say about lawyers. But we still decided to wipe out complex terms and consider them in terms of legislation. A kind of mix of jurisprudence and computer science. We will not touch upon what we have in Wikipedia, we will try to consider only what is not there.




The legislation of our Fatherland does not give us an idea of ​​what is meant by telematic communication services. But the concept of a TM message is defined: it is a telecommunication message containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal - this includes almost everything except the telephone and telegraph. A logical question arises: who needs a license to provide telematic communication services? I'll explain everything now!
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Referring to the law "On Communication". In it, we see that "the activities of legal entities and individual entrepreneurs in the provision of paid telecommunications services are carried out only on the basis of a license to carry out activities in the provision of communication services."

This law refers us to a resolution of the government of the Russian Federation, which states the following: “the provision of communication services for sending telematic messages is included in the list of services subject to licensing.”

That is, obtaining a license is necessary for those who provide:

1. access to communication network;
2. Internet access;
3. services for receiving and transmitting messages.

Consequently, such a license is necessary for sending SMS, e-mail, and even just for Internet access (to a provider or for Internet cafes, as confirmed by numerous court decisions), as well as for hosting. No specific list is given, so the list goes on.

EXAMPLE
In the Kurgan region, an individual entrepreneur was brought to responsibility, as the court pointed out, for the provision of information services, namely, the distribution of the astrological horoscope for the next calendar month, as well as the weather forecast.

CONCLUSION
The license is needed and online stores, and information services, because both of these types of Internet businesses carry out regular distribution of messages to their customers or customers.

Roskomnadzor, using such a wide formulation of the telematic message and the absence of a clearly defined list of telematic communication services, has the opportunity to be very creative in choosing a basis for punishing Internet entrepreneurs.

Those who are engaged in the Internet business should not neglect obtaining a license for telematics, moreover, given its relatively low cost. As you know, ignorance of the law does not exempt from liability, and the Internet business, as well as business in general, is obliged to foresee risks and take measures to prevent violation of the law in order to avoid future problems.

PROBLEMS
Article 14.1 of the Code on Administrative Offenses of the Russian Federation provides that conducting business without a license, if it is mandatory, entails:

1. The imposition of an administrative fine on legal entities - from 40,000 to 50,000 rubles.
2. Possible confiscation of manufactured products, instruments of production and raw materials.
3. In the worst-case scenario, the recognition of illegal activities and the prohibition of the court to engage in such activities before receiving a license for telematics, which can ruin a business, may threaten

For online stores and various infoservice, registration of a license can be avoided if you enter into an agency agreement with a company or service that is in the Roskomnadzor Register on the basis of an existing telematic license, which will send messages to customers and buyers.

It is necessary to say that such a license should be issued together with a license for data transmission services, with the exception of data transmission services for the transmission of voice information.

Hope this information was helpful to you.

Ilya Lvov, leading lawyer "Zartsyn and partners" and partly modest author of this opus.