Telecoms from January 1, 2010
It seems I have not met on Habré news about changes in the legal regulation of the telecommunications industry, I will try to fill this gap a bit.
In accordance with current legislation, the activity of providing paid communication services is licensed. There are several types of licenses divided by the type of services provided: long-distance and international telephone services, local and intra-zone telephone services, transmission services other than voice information, data services for transmission of voice information, access services to telematic services etc. Naturally, this separation is not intuitive for users and inconvenient for telecom operators. Recently, opinions have been growing louder about the need to move from licensing services to licensing networks. But such changes are not made quickly and it is not necessary to expect them in the near future.
The license confirms the right of the telecoms operator to provide services and determines the general conditions for their provision: the licensed territory, the list of services provided, the obligation to comply with the rules for providing services, connecting communication networks, allocating radio frequency spectrum and ensuring operational-search measures.
For the operation of each specific communication facility, the operator obtains a Permit to operate the communication facility at the Office of Roskomnadzor for the relevant region. This Permission defines specific parameters of the communication structure: type of equipment used, number of ports installed, etc. A similar procedure operates to the present, but it should have been replaced by the institute of registration of telecommunication networks.
')
In accordance with the Federal Law of the Russian Federation of February 9, 2007 No. 14- On Amending the Federal Law "On Communications", the concept of registration of networks was introduced. The order was determined by the bylaws that were to be issued by the Ministry of Communications. However, in due time, the bylaws were not issued and the entry into force of the law was already once postponed. According to the current version of the Federal Law “On Communications”, before January 1, 2010, all telecom operators were required to obtain certificates of registration of their networks. But, since the registration of the networks has not yet worked, there is a legal vacuum. If you follow the letter of the law, then from January 1, 2010, all communication operators will become violators and, formally, may be brought to justice.
What will happen next? There are three options for the development of events after January 1st:
1. No changes in legislation will be adopted and the supervisory authorities will continue to work further on Order No 113, which determines the issuance of Permits for the operation of communication facilities. Of course, this decision is temporary and for a long time this situation cannot exist.
2. Postponement of the mandatory registration deadline for 2011. Option a little better than the first.
3. The transition from the licensing procedure to the notification. That is, communication operators during the construction of new communication networks and facilities will notify supervisory authorities of the changes that have occurred on their networks, rather than receive operating permits. This is the most progressive and optimal development option. According to some testimonies, it was because of its discussion in the Ministry of Communications that the release of by-laws was delayed. This will allow telecom operators to quickly build their networks and reduce bureaucratic barriers. At present, for example, the construction of a single cellular base station takes place within one month, while the execution of all permits may take up to one and a half years.
PS This is a brief overview of the legal basis for the work of communication operators. In case there are questions, I can write about other issues.
PPS Thank you for karma. Transferred to "Telecoms"
In accordance with current legislation, the activity of providing paid communication services is licensed. There are several types of licenses divided by the type of services provided: long-distance and international telephone services, local and intra-zone telephone services, transmission services other than voice information, data services for transmission of voice information, access services to telematic services etc. Naturally, this separation is not intuitive for users and inconvenient for telecom operators. Recently, opinions have been growing louder about the need to move from licensing services to licensing networks. But such changes are not made quickly and it is not necessary to expect them in the near future.
The license confirms the right of the telecoms operator to provide services and determines the general conditions for their provision: the licensed territory, the list of services provided, the obligation to comply with the rules for providing services, connecting communication networks, allocating radio frequency spectrum and ensuring operational-search measures.
For the operation of each specific communication facility, the operator obtains a Permit to operate the communication facility at the Office of Roskomnadzor for the relevant region. This Permission defines specific parameters of the communication structure: type of equipment used, number of ports installed, etc. A similar procedure operates to the present, but it should have been replaced by the institute of registration of telecommunication networks.
')
In accordance with the Federal Law of the Russian Federation of February 9, 2007 No. 14- On Amending the Federal Law "On Communications", the concept of registration of networks was introduced. The order was determined by the bylaws that were to be issued by the Ministry of Communications. However, in due time, the bylaws were not issued and the entry into force of the law was already once postponed. According to the current version of the Federal Law “On Communications”, before January 1, 2010, all telecom operators were required to obtain certificates of registration of their networks. But, since the registration of the networks has not yet worked, there is a legal vacuum. If you follow the letter of the law, then from January 1, 2010, all communication operators will become violators and, formally, may be brought to justice.
What will happen next? There are three options for the development of events after January 1st:
1. No changes in legislation will be adopted and the supervisory authorities will continue to work further on Order No 113, which determines the issuance of Permits for the operation of communication facilities. Of course, this decision is temporary and for a long time this situation cannot exist.
2. Postponement of the mandatory registration deadline for 2011. Option a little better than the first.
3. The transition from the licensing procedure to the notification. That is, communication operators during the construction of new communication networks and facilities will notify supervisory authorities of the changes that have occurred on their networks, rather than receive operating permits. This is the most progressive and optimal development option. According to some testimonies, it was because of its discussion in the Ministry of Communications that the release of by-laws was delayed. This will allow telecom operators to quickly build their networks and reduce bureaucratic barriers. At present, for example, the construction of a single cellular base station takes place within one month, while the execution of all permits may take up to one and a half years.
PS This is a brief overview of the legal basis for the work of communication operators. In case there are questions, I can write about other issues.
PPS Thank you for karma. Transferred to "Telecoms"
Source: https://habr.com/ru/post/78684/
All Articles