Accepted
The State Duma
June 18, 2003
Approved
Federation Council
June 25, 2003

(as amended by Federal Laws of 22.08.2004 No. 122-FZ, of 02.11.2004 No. 127-FZ, of 09.05.2005 No. 45-FZ, of 02.02.2006 No. 19-FZ, of 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 09, 2007 No. 14-FZ (revised on July 24, 2007), dated April 29, 2008 No. 58 -FZ, dated 18.07.2009 No. 188-FZ, dated 14.02.2010 No. 10-FZ, dated 05.04.2010 No. 41-FZ, dated 29.06.2010 No. 124-FZ, dated 27.07.2010 No. 221-FZ, dated 07.02 .2011 No. 4-FZ, dated 23.02.2011 No. 18-FZ, dated 01.07.2011 No. 169-FZ, dated 11.07.2011 No. 193-FZ, dated 11.07.2011 No. 200-FZ, dated 18.07.2011 No. 242- FZ, 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 advanced technologies and standards;

protection of 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 the Russian communications infrastructure, ensuring its integration with international communications networks;

security centralized management Russian radio frequency resource, including the orbital frequency resource, and the numbering resource;

creation of conditions for meeting communication needs for needs government controlled, defense of the country, security of the state and maintenance of law and order.

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 on the provision of such services has been concluded when a subscriber number is allocated for these purposes, or unique code identification;

2) allocation of a radio frequency band - a written permission for the use of a specific radio frequency band, including for the development, modernization, production in the Russian Federation and (or) the import into the territory of the Russian Federation of radio electronic means or high-frequency devices with certain technical characteristics;

3) high-frequency devices - equipment or devices intended for the generation and use of radio-frequency energy for industrial, scientific, medical, household or other purposes, except for use in the field of telecommunications;

4) use of the radio frequency spectrum - possession of a permit for the 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 means of civil use;

6) line-cable communication facilities - engineering infrastructure facilities created or adapted for placing communication cables;

7) communication lines - transmission lines, physical circuits and line-cable communication facilities;

8) installed capacity - a value characterizing the technological capabilities of a communications 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 communications operator's network;

9) numbering - a digital, alphabetic, symbolic designation or combinations of such designations, including codes intended for unambiguous identification (identification) of a communication network and (or) its nodal or terminal elements;

10) user equipment (terminal equipment) - technical means for transmitting and (or) receiving telecommunication signals via communication lines, connected to subscriber lines and used by subscribers or intended for such purposes;

11) an operator occupying an essential position in a public communications network is an operator who, together with affiliated persons, has geographically specific area numbering or throughout the territory of the Russian Federation at least twenty-five percent of the installed capacity, or has the ability to pass at least twenty-five percent of the traffic;

12) communications operator - a legal entity or an individual entrepreneur providing communications services on the basis of an appropriate license;

13) universal service operator - a communications operator that provides communications services in a public communications network and which, in the manner prescribed by this Federal Law, is entrusted with the obligation to provide universal services communication;

13.1) operator of compulsory public TV channels and (or) radio channels - a communications operator who, on the basis of an agreement with a subscriber, provides communications services for the purposes of television broadcasting and (or) radio broadcasting (with the exception of communication services for the purposes of wire broadcasting) and in accordance with this Federal Law is obliged to broadcast compulsory public television channels and (or) radio channels, the list of which is determined by the legislation of the Russian Federation on the mass media;

14) organization of communications - a legal entity carrying out activities in the field of communications as the main type of activity. The provisions of this Federal Law governing the activities of telecommunications organizations shall apply accordingly to individual entrepreneurs carrying out activities in the field of communications as the main type of activity;

14.1) especially dangerous, technically complex communication facilities - communication facilities, project documentation which provides for such characteristics as a height of seventy-five to one hundred meters and (or) the deepening of the underground part (in whole or in part) below the planned level of the earth 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 (appointment) of a radio frequency or radio frequency channel - a written permission for the use of a specific radio frequency or radio frequency channel with an indication of 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, which could have been avoided in the absence of exposure to such energy;

19) radio frequency - the frequency of electromagnetic oscillations, 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, which can be used for the functioning of radio electronic means or high-frequency devices;

21) radio electronic means - technical means intended for transmission and (or) reception of radio waves, consisting of one or more transmitting and (or) receiving devices or a combination of such devices and including auxiliary equipment;

22) allocation of radio frequency bands - determination of the purpose of radio frequency bands by means of entries in the Table of allocation of radio frequency bands between radio services of the Russian Federation, on the basis of which a permit to use a specific radio frequency band is issued, and 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 services;

25) modern functional equivalent of a communication network - minimal set modern means communications, ensuring the quality and the existing volume of services provided in the communications network;

26) has become invalid;

27) communication facilities - engineering infrastructure facilities (including line-cable communication facilities), created or adapted to accommodate communication facilities, communication cables;

28) communication means - hardware and software used for the formation, reception, processing, storage, transmission, delivery of telecommunication messages or postal items, as well as other technical and software tools used in the provision of communication services or ensuring the operation of communication networks, including technical systems and devices with measuring functions;

28.1) TV channel, radio channel - a set of television and radio programs and (or), respectively, other audiovisual, sound messages and materials, formed in accordance with the broadcasting schedule and published (broadcast) under a permanent name and with an established frequency;

28.2) broadcasting of TV channels and (or) radio channels - reception and delivery of a signal to the user equipment (terminal equipment), through which the distribution of TV channels and (or) radio channels, or reception and broadcast of this signal is carried out;

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 territory of the Russian Federation at a given time, with the established quality and at an affordable price is mandatory for universal service operators;

31) communication network management - a set of organizational and technical measures operations aimed at ensuring the functioning of the communication network, including traffic regulation;

32) communication service - the activity of receiving, processing, storing, transmitting, delivering telecommunication messages or postal items;

33) connection 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 - an activity aimed at meeting the needs of telecom operators in the transmission of traffic between interacting telecommunication networks;

35) telecommunications - any radiation, transmission or reception of signs, signals, voice information, written text, images, sounds or messages of any kind over a radio system, wire, optical and other electromagnetic systems;

36) electromagnetic compatibility - the ability of radio electronic means and (or) high-frequency devices to function with the established quality in the surrounding electromagnetic environment and not create unacceptable radio interference with other radio-electronic means and (or) high-frequency devices.

Article 3. Scope of this Federal Law

1. This Federal Law regulates relations associated with the creation and operation of all communication networks and communication facilities, the use of the radio frequency spectrum, the provision of telecommunication and postal services on the territory of the Russian Federation and in the territories under the jurisdiction of the Russian Federation.

2. With respect to telecom operators operating outside the Russian Federation in accordance with the law of foreign states, this Federal Law applies only to the regulation of the procedure for performing work and rendering communication services by them in the territories under the jurisdiction of the Russian Federation.

3. Relations in the field of communications not regulated by this Federal Law are governed 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 associated with activities in the field of communications are also governed 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 issued in accordance with them by federal executive bodies.

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 shall 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, communications organizations are created and carry out their activities on the basis of the unity of the economic space, in conditions of competition and a variety of forms of ownership. The state provides communications organizations, regardless of the form of ownership, equal conditions for competition.

Communication networks and means of communication may be in federal ownership, property of constituent entities of the Russian Federation, municipal property, as well as in the property of citizens and legal entities.

The list of communication networks and communication 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 on the terms determined by the legislation of the Russian Federation.

2. A change in the form of ownership of communication networks and communication facilities is carried out in the manner prescribed by the legislation of the Russian Federation, and is allowed provided that such a change does not knowingly impair the functioning of communication networks and communication facilities, and also does not infringe on the right of citizens and legal entities to use the services communication.

Article 6. Organization of activities related to the placement of communication facilities and communication facilities

1. When urban planning for the development of territories and settlements, their development, the composition and structure of communication facilities should be determined - communication facilities, including line-cable facilities, separate premises for the placement of communication facilities, as well as required capacities in engineering infrastructures to ensure the functioning of communications.

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) construction of communication facilities and premises intended for the provision of universal communication services.

3. Communication organizations under an agreement with the owner or other owner of buildings, power transmission towers, contact networks railways, poles, bridges, collectors, tunnels, including subway tunnels, railways and highways and other engineering facilities and technological sites, as well as right-of-way, including right-of-way of railways and highways, can carry out construction on them, operation of communication facilities and communication facilities.

In this case, the owner or other owner of the said immovable property has the right to demand from the communications organization a commensurate payment for the use of this property, unless otherwise provided by federal laws.

If the immovable property belonging to a citizen or legal entity, as a result of construction, operation of communication facilities and communication facilities cannot be used in accordance with its purpose, the owner or other owner in a judicial proceeding has the right to demand termination of the contract with the communication organization on the use of this property.

4. When transferring or reorganizing communication lines and communication facilities as a result of construction, expansion of settlement territories, major repairs, reconstruction of buildings, structures, structures, roads and bridges, development of new lands, reorganization of land reclamation systems, development of mineral deposits and other needs, the communication operator shall be reimbursed costs associated with such relocation or reconstruction, unless otherwise provided by the legislation on highways and road activities.

Compensation can be carried out by agreement of the parties in cash or by transferring or rebuilding communication lines and communication facilities by the customer of the construction at his own expense in accordance with technical conditions issued by the communications organization, and standards.

5. Communication operators on a reimbursable basis have the right to place communication cables in line-cable communication facilities, regardless of the ownership of these facilities.

Article 7. Protection of communication networks and communication facilities

1. Communication networks and communication facilities are under the protection of the state.

2. Communication operators and developers during the construction and reconstruction of buildings, structures, structures (including communication facilities), as well as when building communication networks, must take into account the need to protect communication facilities and communication facilities from unauthorized access to them.

3. Communication operators, when operating communication networks and communication facilities, are obliged to protect communication facilities and communication facilities from unauthorized access to them.

Article 8. Registration of ownership and other property rights to communication objects

1. Communication structures that are firmly connected to the land and the movement of which is impossible without disproportionate damage to their purpose, including line-cable communication facilities, belong to real estate, state registration of ownership and other property rights to which is carried out in accordance with civil legislation ... The specifics of state registration of ownership and other property rights to line-cable communication facilities are established by the Government of the Russian Federation.

2. The procedure for state registration of ownership and other property rights to space communication objects (communication satellites, including dual-use) is established by federal laws.

3. The transfer of ownership and other property 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 the laying of cables and the construction of line-cable structures, implementation of construction and emergency recovery work on underwater line-cable communication facilities in the territorial sea of ​​the Russian Federation, determined by the Government of the Russian Federation.

Article 10. Lands of communication

1. In accordance with the land legislation of the Russian Federation, land plots are referred to as land plots provided for communication needs for permanent (unlimited) or gratuitous fixed-term use, lease, or transferred on the basis of the right of limited use to someone else. land plot(easement) for the construction and operation of communication facilities.

2. Providing land plots communication organizations, the procedure (mode) for their use, including the establishment of security zones for communication networks and communication facilities 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 protected zones and clearings, are determined in accordance with the norms of land allotment for the implementation of relevant activities, urban planning and project documentation.

Chapter 3. COMMUNICATION NETWORKS

Article 11. Federal Communications

1. Federal communications are formed by all organizations and state bodies that carry out and provide telecommunications and postal communications on the territory of the Russian Federation.

2. Material and technical basis federal communications constitute a unified telecommunication network of the Russian Federation and a postal 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 the following categories of telecommunication networks 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 stipulated by the legislation of the Russian Federation - the procedure for centralized management of the public communications network;

depending on the categories of communication networks (with the exception of 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, used communication means , organizational and technical support for the stable 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 carried out 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 a public communication network.

2.1. Requirements for the communication means used, their management, organizational and technical support for the stable 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 the federal the executive authority 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 control systems for their communication networks that correspond to the established procedure for their interaction.

Article 13. Public communication network

1. A public communication network is intended for the provision of paid telecommunication services to any user of communication services on the territory of the Russian Federation and includes telecommunication networks determined geographically within the serviced territory and numbering resource and not determined geographically within the territory of the Russian Federation and numbering resource, but also communication networks, determined by the technology for the implementation of the provision of communication services.

2. A public communication network is a complex of interacting telecommunication networks, including communication networks for broadcasting TV channels and (or) radio channels.

The public communication network is connected to the public communication networks of foreign states.

Article 14. Dedicated communication networks

1. Dedicated communication networks are telecommunication networks intended for the provision of paid telecommunication services to a limited number of users or groups of such users. Dedicated communication networks can interact with each other. Dedicated communication networks have no connection to the public communication network, as well as to public communication networks of foreign states. The 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 communication network can be connected to a public communication network with transfer to the category of a public communication network, if the dedicated communication network meets the requirements established for a public communication network. In this case, the allocated numbering resource is withdrawn and the 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 indicated therein and using the numbering assigned to each dedicated communication network in the manner established by the federal executive body in the field of communication.

Article 15. Technological communication networks

1. Technological communication networks are designed to provide production activities organizations, management of technological processes in production.

The 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, a part of this network can be connected to a public communication network with a 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 connection is allowed if:

the 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 owner of the technological communication network, after connecting a part of this communication network to the 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. Communication networks for special purposes

1. Communication networks for special purposes are intended for the needs of state 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 state administration, including presidential communications, government communications, communications for the needs of the country's defense, state security and law and order, shall be carried out in the manner determined 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 the country's defense, state security and law enforcement, is an expenditure obligation of the Russian Federation.

3. The preparation and use of the resources of the unified telecommunication network of the Russian Federation to ensure the functioning of special-purpose communication networks shall be carried out in the manner established by the Government of the Russian Federation.

4. Control centers for special-purpose communication networks ensure their interaction with other networks of the unified telecommunication 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 objects and postal routes of postal operators that provide reception, processing, transportation (transfer), delivery (delivery) of postal items, as well as the implementation of postal money transfers.

2. Relations in the field of postal communications are governed by international treaties of the Russian Federation, this Federal Law and the federal law on postal communications, other federal laws and other regulatory legal acts of the Russian Federation.

Chapter 4. CONNECTION OF ELECTRIC COMMUNICATION NETWORKSAND THEIR INTERACTION

Article 18. Right to connect telecommunication networks

1. Communication operators have the right to connect their telecommunication networks to the public communication network. The connection of one telecommunication network to another telecommunication network and their interaction is carried out on the basis of contracts concluded by communication operators on the connection of telecommunication networks.

2. Operators of the public communication network, 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 the connection of 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, shall provide for:

rights and obligations of telecom operators in connection of telecommunication networks and their interaction;

obligations of operators occupying an essential position in the public communications network in terms of interconnection in the event that an operator occupying an essential position in the public communications network is a party to the agreement;

essential conditions for the connection of telecommunication networks and their interaction;

the list of connection services and traffic transmission services that an operator occupying an important position in the public communications network is obliged to provide, as well as the procedure for their provision;

the procedure for considering disputes between telecom operators on issues of connection of telecommunication networks and their interaction.

Unless otherwise provided by this Federal Law, the 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 an essential position in the public communications network

1. To the agreement on the connection of telecommunication networks, which determines the conditions for the provision of connection services, as well as the related obligations for the interaction of telecommunication networks and traffic transmission, the provisions on the public agreement in relation to operators occupying an important position in the public communication network are applied. At the same time, the consumers of connection services and traffic transmission services for the purposes of this article are operators of the public communication network.

In order to ensure non-discriminatory access to the telecommunications services market in similar circumstances, an operator occupying an essential position in the public communications network is obliged to establish equal conditions for the connection of telecommunication networks and traffic transmission for communications operators providing similar services, as well as to provide information and provide these communications operators connection services and traffic transmission services on the same conditions and of the same quality as for their structural divisions and (or) affiliated persons.

An operator occupying an important 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 traffic transmission separately on the territory of each constituent entity of the Russian Federation.

2. The refusal of an operator holding an important position in the public communications network to conclude an agreement on the connection of telecommunication networks is not allowed, except in cases where the implementation of the connection of telecommunication networks and their interaction contradicts the terms of licenses issued to communication operators, or regulatory legal acts determining construction and operation of a unified telecommunication network of the Russian Federation.

3. The procedure for connecting telecommunication networks and their interaction with the telecommunications network of an operator holding an important position in the public communications network, and its obligations when connecting telecommunication networks and interacting with telecommunication networks of other telecommunications operators are determined in accordance with the rules approved by the Government of the Russian Federation.

Operators occupying an important position in the public communication network, on the basis of the rules for connecting telecommunication networks and their interaction, establish the conditions for connecting other telecommunication networks to their telecommunication network in terms of use network resources and traffic transmission, including general technical, economic, informational conditions, as well as conditions determining property relations.

The conditions for connecting telecommunication networks should provide for:

technical requirements for the connection of telecommunication networks;

the volume, procedure and timing of work on the connection of telecommunication networks and their distribution between interacting communication operators;

the procedure for passing traffic through the telecommunication networks of interacting telecom operators;

location of points of connection of telecommunication networks;

list of provided connection services and traffic transmission services;

the cost of connection services and traffic transmission services and the procedure for settlements for them;

the procedure for interaction of telecommunication network management systems.

Operators occupying an essential position in the public communication network, within seven days after the establishment of the conditions for the connection of telecommunication networks, publish 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 communications operators, discovers a discrepancy between the conditions for connecting other telecommunication networks to the telecommunications network of an operator occupying an essential position in the public communications network, and passing traffic on it to the rules specified in the first paragraph of clause 3 of this article, or regulatory legal acts, the specified federal body sends to the operator occupying an essential position in the public communications network, a reasoned order to eliminate the specified inconsistencies. This prescription must be accepted and fulfilled by the telecom operator who received it within thirty days from the date of its receipt.

The newly established conditions for the connection of other telecommunication networks to the telecommunication network of an operator occupying an essential position in the public communication network, and the transmission of traffic through it are published by the operator occupying an essential position in the public communication network, and are sent to the federal executive body in the field of communications in accordance with the procedure provided for in this article.

When putting into operation new communication facilities, introducing new technological solutions in its telecommunication network, decommissioning or modernizing obsolete communication facilities, which significantly affects the conditions for connecting other telecommunication networks and passing traffic through the telecommunication network of an operator occupying an essential position in the general communication network. of use, the specified telecom 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 be changed more often than once a year.

4. An operator occupying an important position in a public communications network considers applications from a communications operator to conclude 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, in accordance with civil legislation, one document signed by the parties, within a period not exceeding ninety days from the date of receipt of the request. 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 an important position in the public communications network.

6. The federal executive body in the field of communications is obliged to consider applications from telecommunications operators regarding the connection of telecommunication networks and their interaction within sixty days from the date of receipt of these applications and to publish the decisions taken on them.

In case of non-fulfillment by the operator holding an essential position in the public communications network, the instructions of the federal executive body in the field of communications on the connection of telecommunication networks and their interaction, as well as the evasion of the operator holding an important position in the public communications network from concluding a connection agreement telecommunication networks, the other party has the right to apply to the court with a demand for coercion to conclude an agreement on the connection of telecommunication networks and compensation for damages.

Article 19.1. Features of connection of communication networks of operators of compulsory public TV channels and (or) radio channels and their interaction with communication networks for broadcasting TV channels and (or) radio channels

1. The operator of compulsory public TV 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 TV channels and (or) radio channels are broadcast:

reception of a signal transmitted by the radio electronic means of a communications operator that broadcasts on-air compulsory public TV channels and (or) radio channels (hereinafter referred to as the signal source), without concluding an agreement on the connection of communication networks for broadcasting TV channels and (or) radio channels;

joining its communication network to the communication network for broadcasting TV channels and (or) radio channels of another communication operator. Such accession 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, prior to the start of broadcasting of such channels, is obliged to agree with the person performing in established order TV broadcasting and (or) radio broadcasting of a compulsory public TV channel and (or) radio channel (hereinafter referred to as the broadcaster of a compulsory public TV channel and (or) radio channel), depending on the chosen method of signal reception:

the location of the signal source in the case specified in the second paragraph of clause 1 of this article;

the location of the point of connection of communication networks for broadcasting TV channels and (or) radio channels in the case specified in the third paragraph of clause 1 of this article.

To carry out such an agreement, the operator of compulsory public TV channels and (or) radio channels (hereinafter referred to as the applicant operator) shall send to each broadcaster of the compulsory public TV channel and (or) radio channel an application to free form, which should indicate:

the territory in which the applicant operator intends to broadcast compulsory public TV 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 the connection can be carried out, and the location of the connection point 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 the compulsory public TV channel and (or) radio channel is obliged to consider the application of the applicant operator to agree on the location of the signal source or connection point of communication networks chosen by him for broadcasting TV 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 to do so, the broadcaster of a compulsory public TV channel and (or) radio channel is obliged to offer the applicant operator another location, available to the applicant operator, of the signal source or the point of connection of communication networks for broadcasting TV channels and (or) radio channels.

4. The broadcaster of a compulsory public TV channel and (or) radio channel has the right to refuse to agree on the location of the signal source or the point of connection of communication networks for broadcasting TV channels and (or) radio channels selected by the applicant operator only if by means of a signal received at the point of connection indicated in the application or from the signal source indicated in the application, the broadcast of the compulsory public TV channel and (or) radio channel, the content of which is intended for the territory in which the applicant operator intends to broadcast such TV channel and (or) radio channel, is not provided.

Article 19.2. On-air terrestrial broadcasting of compulsory public TV channels and (or) radio channels

1. The terrestrial broadcasting of compulsory public TV channels and (or) radio channels is carried out by telecom operators on the basis of contracts for the provision of communication services for television broadcasting and (or) radio broadcasting concluded with broadcasters of compulsory public TV channels and (or) radio channels in compliance with the provisions of Article 28 of this Federal law.

2. Telecommunications operators carrying out on-air terrestrial broadcasting of all-Russian compulsory public TV channels and (or) radio channels shall be determined by the President of the Russian Federation.

Article 20. Prices for connection services and traffic transmission services provided by operators occupying an important position in the public communication network

1. Prices for connection services and traffic transmission services rendered by operators occupying an important position in the public communications network are subject to state regulation. The list of connection services and traffic transmission services, the prices of 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 connection services and traffic transmission services provided by operators occupying an important position in the public communication network should contribute to the creation of conditions for the reproduction of the modern functional equivalent of a part of the telecommunication network, which is used as a result of the additional load created by the network of the interacting communication operator. and also reimburse the costs of operational maintenance used part of the telecommunication network and include a reasonable rate of return (profitability) from the capital used in the provision of these services.

2. Operators occupying an important position in the public communication network are obliged to keep separate records of income and expenses for the types of activities performed, communication services provided and parts of the telecommunication network used to provide these services.

The procedure for maintaining such separate accounting in the cases established by this Federal Law shall be determined by the federal executive body in the field of communications.

Chapter 5. STATE REGULATION OF ACTIVITIESIN THE FIELD OF COMMUNICATION

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 shall be 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. The federal executive body in the field of communications:

carries out the functions of developing public 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 informatization, with the exception of issues, the legal regulation of which 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 are 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 - self-regulatory organizations);

performs the functions of the communications administration of the Russian Federation in the implementation of the international activities of the Russian Federation in the field of communications;

has the right to request from telecom operators information related to the provision of communication services for the needs of the country's defense, state security and law enforcement, including on the technological capabilities of the telecom 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 concluded a state contract for the provision of communication services for the needs of the country's defense, state security and law enforcement, binding instructions in connection with these contracts.

3. Abolished.

4. For the purposes of applying the Federal Law "On the Procedure for Making Foreign Investments in Business Companies of Strategic Importance for Ensuring the Defense of the Country and Security of the State" 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 activities associated with 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 the economy, as well as for the needs of state 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 an interdepartmental collegial body on radio frequencies under the federal executive body in the field of communications (hereinafter - the state commission on radio frequencies), which has full powers in the field of regulation of the radio frequency spectrum.

The Regulation on the State Commission on Radio Frequencies and its composition are approved by the Government of the Russian Federation.

The regulation on the state commission on radio frequencies should establish the procedure for the allocation of radio frequencies. This provision should 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 bodies.

If a representative of one of these bodies has an interest in the decision of the issue considered by the commission, which may affect the objectivity of the decision, the said representative does not participate in the voting.

3. Organizational and technical measures to ensure the proper use of radio frequencies or radio frequency channels and the corresponding radio electronic means or high-frequency devices for civil purposes in pursuance of the decisions of the state commission on radio frequencies are carried out by a specially authorized service to ensure regulation of the use of radio frequencies and radio electronic means under the federal executive body in the field of communications (hereinafter referred to as the radio frequency service), the regulations on 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:

permissive procedure for user access to the radio frequency spectrum;

convergence of the distribution of radio frequency bands and the conditions for their use in the Russian Federation with the international distribution of radio frequency bands;

the right of access for all users to the radio frequency spectrum, taking into account state priorities, including the provision of the radio frequency spectrum of the radio services of the Russian Federation in order to ensure the safety of citizens, ensure 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;

conversion of the radio frequency spectrum;

transparency and openness of procedures for the allocation and use of the radio frequency spectrum.

5. Means of communication, other radio-electronic means and high-frequency devices, which are sources of electromagnetic radiation, are subject to registration. The list of radio electronic means and high-frequency devices subject to registration and the procedure for their registration are determined by the Government of the Russian Federation.

Marine radios used on sea ​​vessels, inland navigation vessels, mixed (river - sea) navigation vessels, airborne radio stations used on aircraft are not subject to registration and are used on the basis of ship radio station permits or airborne radio station permits. The issuance of permits for ship radio stations or permits for on-board radio stations, the approval of the form of such permits and the procedure for their issuance are carried out by the authorized Government of the Russian Federation. Federation is a federal executive body.

Radio electronic means used for the individual reception of signals from TV channels and (or) radio channels, signals of personal radio calls (radio pagers), electronic products household use and personal radio navigation aids 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 without registration of radio electronic means and high-frequency devices subject to registration in accordance with this article is not allowed.

Article 23. Allocation of the radio frequency spectrum

1. The allocation of the radio frequency spectrum is carried out in accordance with the Table of allocation of frequency bands between the radio services of the Russian Federation and the plan prospective use 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 the radio services of the Russian Federation is carried out at least once every four years, the plan for the future 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 Allocation 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 state administration, including presidential communications, government communications, the needs of the country's defense, state security and law enforcement;

preferential use of civil radio-electronic means;

joint use of electronic means of 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 ensure the radio frequency control system, the conversion of the radio frequency spectrum and the financing of measures for the transfer of existing radio electronic means to other radio frequency bands.

The procedure for establishing the size of a one-time fee and an annual fee, collecting such a fee, its distribution and use is determined by the Government of the Russian Federation on the basis that the size of a one-time fee and an annual fee should be set differentially depending on the radio frequency bands 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 an appropriate permit is not allowed, unless otherwise provided by this Federal Law.

2. In the radio frequency bands of the categories of joint use of radio electronic means of any purpose and the preferential use of radio electronic means of civil use, the allocation of radio frequency bands for radio electronic means of any purpose, and in the radio frequency bands of the category of preferential use of radio electronic means used for the needs of state administration, the allocation of radio frequency bands for radio electronic means civil appointment is carried out by the state commission on radio frequencies, taking into account the conclusions on the possibility of such an allocation, submitted by members of the state commission on radio frequencies.

In the radio frequency bands of the category of preferential use of radio electronic means used for the needs of state administration, the allocation of radio frequency bands for radio electronic means that ensure 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 field 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 for a shorter declared period. At the request of the user of the radio frequency spectrum, this period can be increased or decreased by the authorities that have 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 (appointment) of a radio frequency or radio frequency channel for civil radio-electronic means 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 statements of 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 means and their electromagnetic compatibility with existing and planned for use radio-electronic means (examination of electromagnetic compatibility). Decisions on the assignment (designation) of a radio frequency or radio frequency channel for radio electronic means of civilian use, 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 in the information and telecommunications network "Internet" within five working days from the date of the adoption of the relevant decision.

A permit for the use of 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 the relevant decision.

The assignment (appointment) of a radio frequency or radio frequency channel for radio electronic means used for the needs of state administration, including presidential communications, government communications, the needs of the country's 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 (appointment) of a radio frequency or radio frequency channel is carried out for ten years or for a shorter declared period. The period of assignment (designation) 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 to create and operate communication networks.

Permits for ship radio stations provided for in paragraph two of Clause 5 of Article 22 of this Federal Law shall be 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. Abolished.

5. The procedure for conducting an examination of electromagnetic compatibility, considering 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 (appointment) of a radio frequency or radio frequency channel may be changed in the interests of meeting the needs of state administration, including presidential communications, government communications, the needs of the country's defense, state security and law enforcement with compensation to the owners of radio electronic equipment for losses caused by a change in radio frequency or radio frequency channel.

Forced change by the federal executive body in the field of communication of a radio frequency or a radio frequency channel for a user with a radio frequency spectrum is allowed only in order to prevent a threat to human life or health and to ensure the security of the state, as well as in order to fulfill obligations arising from international treaties of the Russian Federation. Such a change can be challenged by the user of the radio frequency spectrum in court.

7. Refusal to allocate radio frequency bands to users of the radio-frequency spectrum for civil radio-electronic means is allowed on the following grounds:

inconsistency of the declared radio frequency band with the Table of frequency bands allocation between the radio services of the Russian Federation;

inconsistency of the radiation and reception parameters of the declared radio electronic equipment with the requirements, norms and national standards in the field of ensuring the electromagnetic compatibility of radio electronic equipment and high-frequency devices;

negative opinion on the possibility of allocating radio frequency bands, submitted 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 civil radio-electronic means is allowed on the following grounds:

absence of documents for the radio-electronic means declared for use on confirmation of conformity in cases where such confirmation is mandatory;

inconsistency of the declared activity in the field of communications with the requirements, norms and rules established for this type of activity;

negative conclusion of the examination of electromagnetic compatibility;

negative results of the international procedure for coordinating the use of 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 (designate) radio frequencies or radio frequency channels for radio electronic means used for the needs of state administration, including presidential communications, government communications, the needs of the country's defense, state security and law enforcement, is carried out in the manner determined by a specially authorized federal body the executive for government communications and information; and the federal executive for defense.

10. In the event of a violation of the conditions established for the allocation of a radio frequency band or the assignment (assignment) of a radio frequency or radio frequency channel, the permission for the use of the radio frequency spectrum by users of the radio frequency spectrum for civil radio electronic means may be suspended by the body that allocated the radio frequency band or assigned (assigned) the radio frequency or a 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:

RF spectrum user declaration;

cancellation of a license to carry out activities in the field of rendering communication services, if such activities are associated with the use of the radio frequency spectrum;

the expiration of the period specified in the assignment (appointment) of a radio frequency or radio frequency channel, if this period has not been extended in accordance with the established procedure or if an application for its extension has not been submitted in advance, not less than thirty days in advance;

the use of radio electronic means and (or) high-frequency devices for illegal purposes, harming the interests of the individual, society and the state;

non-fulfillment by the user of the radio frequency spectrum of 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;

non-payment by the user of the radio frequency spectrum for its use within thirty days from the date of the due date of payment;

liquidation of a legal entity that has been granted permission to use the radio frequency spectrum;

non-elimination of the violation that served as the basis for the suspension of the permission to use the radio frequency spectrum;

non-fulfillment by the legal successor of the reorganized legal entity of the requirement established by paragraphs 15 and 16 of this article to renew the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels;

acceptance by the state commission on radio frequencies informed decision on the termination of 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 means 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 inaccurate 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) a radio frequency or radio frequency channel has the right to apply to the court demanding the termination or non-extension of the validity period of the permit for the use of the radio frequency spectrum.

13. Upon termination or suspension of a permit to use the radio frequency spectrum, the fee paid for its use shall not be refunded.

14. In case of reorganization of a legal entity in the form of merger, acquisition, transformation, the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels shall be reissued at the request of the legal successor of the reorganized legal entity.

When a legal entity is reorganized in the form of division or separation, the decision to allocate radio frequency bands and permission to use radio frequencies or radio frequency channels are reissued at the request of the legal successor or successors of the reorganized legal entity, taking into account the separation balance sheet.

The 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 on a personal application or at the request of his heir or at the request of his heirs in the manner prescribed by paragraphs 15 and 16 of this article, in compliance with the requirements of civil legislation. Applications for the renewal 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 statement of the heir or statements of the heirs.

If other successors challenge the rights of the interested successor to use radio frequency bands and assignment (assignment) of radio frequencies or radio frequency channels, the dispute between the parties is resolved in court. The right to reissue the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels arises from the legal successor on the basis of a court decision that has entered into legal force.

15. In the event of a reorganization of a legal entity, its successor is obliged to submit within forty-five days from the date of making the appropriate changes to the unified State Register legal entities 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. In the event that an extract from the unified state register of legal entities or a notarized copy of such an extract is not attached to the application of the legal successor, the federal executive body in the field of communications requests the body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasants. (farms) farms, information confirming the fact of entering information about the applicant in the unified state register of legal entities.

Re-registration of the decision on the allocation of radio frequency bands is carried out without considering the issue at a meeting of the state commission on radio frequencies within ten days from the date of receipt of the relevant application.

Re-issuance of a permit for the use of 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.

The reissuance of these documents is carried out on the terms that were established when the radio frequency bands were allocated and the assignment (assignment) of radio frequencies or radio frequency channels to the reorganized legal entity.

If the legal successor submits incomplete or inaccurate information in the renewal of the decision on the allocation of radio frequency bands and permission to use radio frequencies or radio frequency channels, it may be refused within ten days from the date of receipt of the relevant application.

A notice of refusal to reissue these documents is sent or delivered in writing to the applicant with an indication of the grounds for refusal within ten days from the date of the relevant decision.

Until the end of the renewal of these documents, the assignee has the right to use the radio frequency spectrum in accordance with previously issued documents.

Article 25. Control over the radiation of radio-electronic means and (or) high-frequency devices

1. Control over the radiation of radio-electronic means and (or) high-frequency devices (radio control) is carried out in order to:

verification of the user's compliance with the radio frequency spectrum of the rules for its use;

identification of radio-electronic devices not permitted for use and termination of their operation;

identification of sources of radio interference;

detecting 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 means and (or) high-frequency devices;

ensuring electromagnetic compatibility;

ensuring the operational readiness of the radio frequency spectrum.

2. Radio monitoring is part of state management of the use of the radio frequency spectrum and international legal protection of the assignment (designation) of radio frequencies or radio frequency channels. Radio control over civil radio-electronic means is carried out by the radio frequency service. The procedure for the implementation of radio monitoring is determined by the Government of the Russian Federation.

In the course of radio monitoring, to study the parameters of the radiation of radio-electronic means and (or) high-frequency devices, to confirm the violation of the established rules for the use of the radio-frequency spectrum, the signals of the monitored radiation sources can be recorded.

Such a record 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 prescribed by the legislation of the Russian Federation.

The use of such a recording for other purposes is not allowed, and the persons guilty of such use shall bear the responsibility established by the legislation of the Russian Federation for violation of the inviolability of private life, personal, family, commercial and other secrets protected by law.

Article 26. Regulation of the numbering resource

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 the numbering resources of the unified telecommunication network of the Russian Federation, including the Russian segments of international communication networks, taking into account the recommendations of international organizations to which the Russian Federation is a member, in accordance with the Russian numbering system and plan.

When distributing the numbering of Russian segments of international communication networks, the generally accepted international practice of the activities of self-regulatory organizations in this area is taken into account.

2. For obtaining a numbering resource from a telecom operator, a state fee is charged 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 the cases established by this Federal Law, to change, withdraw in whole or in part the numbering resource allocated to the communications operator. Information about the upcoming change in numbering and the time frame for its implementation is subject to publication. In the event of a full or partial withdrawal of the numbering resource allocated to a telecom operator, no compensation is paid to the telecom operator.

Withdrawal of the numbering resource previously allocated to telecom operators is carried out on the following grounds:

an appeal from a telecom operator to which the corresponding numbering resource has been allocated;

termination of the license issued to the telecom operator;

use of the numbering resource by the 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;

non-fulfillment by the communications operator of the obligations assumed by him at the auctions provided for by this Federal Law;

The telecom operator is notified of the decision to withdraw the numbering resource in writing thirty days before the expiration date with justification of the reasons for making such a decision.

3. The federal executive body in the field of communications is obliged:

1) submit to the Government of the Russian Federation the procedure for the distribution and use of the 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, the use of the radio frequency spectrum, the procedure for admission traffic, conditions of interaction of communication networks, provision of communication services;

4) approve the Russian numbering system and plan;

5) change, in technically justified cases, the numbering of communication networks with the preliminary publication of the reasons and terms 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, at the request of interested parties, information on the distribution of the numbering resource;

8) control the compliance of the use by telecom operators of the numbering resource allocated to them with the established procedure for using the numbering resources of the unified telecommunication network of the Russian Federation, including the fulfillment by the telecom operator of the obligations assumed by him at the auction provided for by this Federal Law.

4. Establishment of restrictions on access to information on the allocation, change and withdrawal of the numbering resource for a particular telecom operator is not allowed.

5. The allocation of the numbering resource for communication networks is carried out by the federal executive body in the field of communications at the request of the communication operator within a period of not more than sixty days, if the volume of numbering allocated to all communication operators in a particular territory is less than ninety percent of the available resource. When determining the numbering resource put up for auction, bids received for the auction provided for in Article 31 of this Federal Law are taken into account.

6. Telecommunications operators for which the numbering resource has been allocated, changed, are obliged to start using the allocated numbering resource, to change the network numbering in a timely manner and to pay all necessary expenses.

Subscribers do not bear the costs associated with the allocation, change of the numbering of the communication network, except for the costs associated with the replacement of subscriber numbers or identification codes in documents and information materials.

7. A communications operator has the right to transfer the numbering resource allocated to it or part of it to another communications operator only with the consent of the federal executive body in the field of communications.

8. In the event of a reorganization of a legal entity in the form of a merger, accession, transformation, the documents of title to the numbering resource allocated to it shall be reissued at the request of the legal successor.

When a legal entity is reorganized in the form of division or separation, the re-registration of documents of title to the numbering resource is carried out according to the applications of the legal successors.

If other successors challenge the rights of the interested 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 means the activities of authorized federal executive bodies aimed at preventing, detecting 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 the organization and conduct of inspections of these persons, the adoption of measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate the consequences of the violations identified, and the activities of these federal executive bodies to systematically monitor compliance mandatory requirements, analysis and forecasting of the state of fulfillment of these requirements in the implementation of their activities by legal entities and individuals.

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 (supervision) and municipal control ", taking into account the specifics of the organization and conduct of 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 the end of the last scheduled inspection.

5. The basis for an unscheduled inspection is:

1) the expiration of the term for the execution of the order issued by the state supervision body to eliminate the revealed violation of the mandatory requirements;

2) receipt by the state supervision body of applications and applications of citizens, including individual entrepreneurs, legal entities, information from state authorities, local self-government bodies, from the media about violations of the integrity, stability of functioning and security of the unified telecommunication network of the Russian Federation for the list of such violations established by the Government of the Russian Federation;

3) identification by the state supervision body as a result of systematic observation, radio monitoring of violations of mandatory requirements;

4) the presence of an order (instruction) of the head (deputy head) of the state supervision body on conducting 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 a request from the prosecutor to conduct an unscheduled inspection within the framework of supervision over the implementation of laws received in the prosecutor's office materials and appeals.

6. An unscheduled on-site inspection on the grounds specified in subparagraph 2 of paragraph 5 of this article may be carried out by the state supervision body immediately with the notification of the prosecutor's office in the manner prescribed 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 implementation of state control (supervision) and municipal control. "

7. Preliminary notification of a legal entity and an individual about an unscheduled field 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 prescribed by the legislation of the Russian Federation have the right:

1) request and receive, on the basis of reasoned written requests from legal entities and individuals, information and documents required in the course of the audit;

2) to visit and inspect buildings, premises, structures and other similar objects, technical means used by the communications organization, as well as to carry out the necessary research, tests , investigations, examinations and other control measures;

3) issue orders to eliminate identified violations of mandatory requirements, to take measures to ensure the prevention of harm to communication facilities intended for the purposes of state administration, national defense, state security and law enforcement, as well as preventing violations of the integrity, stability of functioning 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 in order to resolve issues on the initiation of criminal cases on the basis of crimes.

9. The bodies of state supervision may be brought by the court to participate in the case or may have the right to enter into the case on their own initiative to give an opinion on a claim for compensation for harm 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 communication 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 (except for the regulation of tariffs for universal communication services) should create conditions that provide communication operators with compensation for economically justified costs associated with the provision of communication services, and compensation for a reasonable rate of return (profitability) from the capital used in the provision of communication services, tariffs for which are set by the state.

Chapter 6. LICENSING OF ACTIVITIES IN THE FIELD OF RENDERINGCOMMUNICATION SERVICES AND CONFORMITY ASSESSMENT IN THE FIELD OF COMMUNICATIONS

Article 29. Licensing of activities in the field of rendering communication services

1. The activities of legal entities and individual entrepreneurs in the provision of paid communication services are carried out only on the basis of a license to carry out activities in the field of communication services (hereinafter referred to as the license). The list of the names of communication services included in the licenses and the corresponding lists of licensing conditions are established by the Government of the Russian Federation and are updated annually.

To the list of licensing conditions included in licenses for the provision of communication services for the purposes of television broadcasting and (or) radio broadcasting (except for communication services for the purpose of wire radio broadcasting), if the specified activity is carried out on the basis of contracts with subscribers, regardless of the used communication networks, the condition on the free broadcasting of compulsory public TV channels and (or) radio channels is included.

2. Licensing of activities in the field of rendering communication services is carried out by the federal executive body in the field of communications (hereinafter referred to as the licensing body), which:

1) establish, in accordance with the lists of licensing conditions specified in paragraph 1 of this article, license terms, makes changes and additions to them;

2) registers applications for the grant of licenses;

3) issues licenses in accordance with this Federal Law;

4) monitors compliance with licensing conditions, issues orders to eliminate detected violations and issues warnings about the suspension of licenses;

5) refuses to issue licenses;

6) suspends licenses and renews their validity;

7) revokes licenses;

8) renews licenses;

9) maintains the register of licenses and publishes the information of the said register in accordance with this Federal Law.

3. Licenses are issued based on the results of consideration of applications, and in the cases provided for in Article 31 of this Federal Law, based on the results of the trades (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, which specifies:

1) name (firm name), organizational and legal form, location of the legal entity, name of the bank with an indication of the account (for a legal entity);

2) last name, first name, patronymic, place of residence, data of an identity document (for an individual entrepreneur);

3) the name of the communication service;

4) the territory in which the communication service will be provided and the communication network will be created;

6) the period during which the license applicant intends to carry out activities in the field 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 a tax authority;

4) a diagram of the construction of a communication network and a description of the communication service;

5) a document confirming the payment of the state fee for the issuance of a license.

2.1. In the event that 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 body, the federal executive body that carries 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 monitoring and supervising compliance with the legislation on taxes and fees provides information confirming the fact of setting the applicant for a license for registration with a tax authority, in electronic form, in the manner and terms established by the Government of the Russian Federation.

3. In the event that in the process of rendering communication services it is supposed to use the radio frequency spectrum, including for the purposes of television broadcasting and radio broadcasting; implementation of cable television broadcasting and wire radio broadcasting; transmission of voice information, including over a data transmission network; provision of communication channels that go beyond the territory of one constituent entity of the Russian Federation or outside the territory of the Russian Federation; carrying out activities in the field of postal communications, the license applicant, along with the documents specified in clauses 1 and 2 of this article, must submit a description of the communications network, the means of communications using which communications services will be provided, as well as a plan and economic justification for the development of the communications network. The 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. In order to obtain a license providing for the use of the radio frequency spectrum in the provision of 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 clause is not submitted by the license applicant, at the interdepartmental request of the licensing body, 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 demand from the license applicant other documents, except for the documents specified in subparagraphs 1, 4 and 5 of paragraph 2 of this article.

6. For submission to the licensing authority of inaccurate or distorted information, the license applicant is liable 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 an auction (auction, competition) if:

1) the communication service will be provided using the radio frequency spectrum, and the state commission on radio frequencies will establish 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 the corresponding radio frequencies are allocated;

2) there are limited resources of a public communication network on the territory, including a limited numbering resource, and the federal executive body in the field of communications establishes that the number of communication operators in this territory should be limited.

2. The procedure for holding an auction (auction, competition) shall be established by the Government of the Russian Federation.

The decision to hold an auction (auction, competition) is made by the federal executive body in the field of communications in the prescribed manner.

The organization of the bidding (auction, competition) is carried out by the federal executive body in the field of communications no later than six months after the adoption of such a decision.

3. Until a decision is made on the possibility of issuing a license (on the basis of a decision based on the results of consideration of an application for a license or on the results of an auction (auction, tender)), a license providing for the use of radio frequency spectrum in the provision of communication services is not issued.

4. The provisions of this article do not apply to relations associated with the use of radio frequencies in the provision of communication services for the purposes of television broadcasting and radio broadcasting.

Article 32. Procedure for considering an application for a license and issuance of 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 Clause 3 of Article 30 of this Federal Law, within a period not exceeding seventy-five days from the date of receipt of the application from the license applicant with all the necessary documents specified in Clauses 1 - 3 of Article 30 of this Federal Law, except in cases where the license is issued carried out according to the results of the bidding (auction, competition);

in other cases, within a period not exceeding thirty days from the date of receipt of the application from the license applicant with all the necessary documents specified in clauses 1 and 2 of Article 30 of this Federal Law, based on the results of consideration of the application.

1.1. The licensing body decides 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 the bidding (auction, competition), and in the case of issuing a license for the provision of communication services for the purpose of terrestrial terrestrial television broadcasting and (or) radio broadcasting also on the basis of information available in the licensing authority that the applicant has a license for television broadcasting and (or) radio broadcasting.

2. The licensing body shall be obliged to notify the license applicant of the decision to issue a license or refusal to issue it within ten days from the date of the relevant decision. A notice of the issuance of a license shall be sent or handed over to the license applicant in writing. A notice of refusal to issue a license shall be sent or delivered to the license applicant in writing, indicating the grounds for refusal.

3. For the issuance of a license, for the extension of the license and (or) for the renewal of the license, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.

4 - 5. Abolished.

6. The territory on which, in accordance with the license, it is allowed to provide communication services, is indicated in the license by the licensing authority.

7. The license or any rights granted by it may not be fully or partially transferred by the licensee to another legal or natural person.

Article 33. Duration of the license

1. A license can be issued for a period of three to twenty five years, which is established by the licensing authority, taking into account:

the term 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 the communication service is provided using the radio frequency spectrum;

technical constraints 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 the license may be extended upon the licensee's application for the same period for which it was issued initially, or for another period that does not exceed the period, set by paragraph 1 of this article. An application for extending the validity of the 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 renew the license, the licensee must submit the documents specified in Article 30 of this Federal Law. The decision to extend the validity 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 have been identified but not eliminated.

Article 34. Refusal to issue a license

1. Grounds for refusal to issue a license are:

1) inconsistency of the documents attached to the application with the requirements of Article 30 of this Federal Law;

2) failure of the license applicant to submit the documents required in accordance with subparagraphs 1, 4 and 5 of paragraph 2 of Article 30 of this Federal Law;

3) the presence of inaccurate or distorted information in the documents submitted by the license applicant;

4) inconsistency 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 a radio frequency band;

7) lack of technical feasibility of implementing the declared communication service.

2. The license applicant has the right to appeal against the refusal to issue a license or the inaction of the licensing authority in court.

Article 35. Renewal of the license

1. The license, upon the application of its owner, can be reissued to the legal successor.

In this case, the assignee, in addition to the documents specified in clauses 1 and 2 of Article 30 of this Federal Law, is obliged to submit documents confirming the transfer to him of communication networks and communication facilities necessary for the provision of communication services in accordance with the renewed license, and renewal in his name of a permit for use of radio frequencies in case of their use for the provision of communication services on the basis of a renewed license.

2. When a legal entity is reorganized in the form of a merger, takeover or transformation, the license shall be reissued at the request of the legal successor. The application must be accompanied by the documents specified in Clauses 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 obliged to submit documents confirming the transfer of communication networks and communication facilities to them, necessary for the provision of communication services in accordance with the renewed license, and renewal in their name permits for the use of radio frequencies in the event of their use for the provision of communication services on the basis of a reissued license.

When making a decision to reissue a license, the licensing body checks, on the basis of the information available in the federal executive body in the field of communications, that the legal successor has documents confirming the reissuance of a permit to use radio frequencies in his name if they are used to provide communications services on the basis of a reissued license, unless otherwise is not provided for by this Federal Law or the specified documents were not submitted by the assignee on his own initiative.

If other successors challenge the rights of the interested successor or successors to reissue the 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 must submit an application for renewal of the license within thirty days with the attachment of documents confirming the changes indicated in this application. In the event that such an application was not submitted within the prescribed period, the license is terminated.

If supporting documents are not attached to the application for reissuing a license in the event of a reorganization of a legal entity or a change in the details of a legal entity or an individual entrepreneur, at the interdepartmental request of the licensing body, the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) households, provides information on making 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. Abolished.

7. When re-issuing a license, the licensing authority makes the appropriate changes to the register of licenses in the field of communications.

8. In case of refusal to reissue the license, the licensee in accordance with the legislation of the Russian Federation and the contracts for the provision of communication services concluded with the users of communication services shall be liable to the users of communication services.

Article 36. Introduction of amendments and additions to the license

1. The licensee may apply to the licensing authority with an application for amendments 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 taken 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, it is issued new license in the manner prescribed for its issuance.

3. In the event of a change in the legislation of the Russian Federation, the licensing body, on its own initiative, has the right to make changes and additions to the license conditions with a notification to the licensee within thirty days. The notice shall indicate the basis for this decision.

Article 37. Suspension of the license

1. The licensing body, prior to the suspension of the license, has the right to issue a warning about the suspension of its validity in the event of:

1) detection by the 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 the authorized state bodies of violations by the licensee of the license conditions;

3) failure to provide communication services for more than three months, including their failure to provide them from the date of the commencement of the provision of such services specified in the license.

2. The licensing authority has the right to suspend the license in the event of:

1) identification of violations that may entail damage to rights, legitimate interests, life or health of a person, as well as ensuring the needs of state administration, including presidential communications, government communications, the needs of the country's defense, state security and ensuring law and order;

2) cancellation of the permission of the state commission on radio frequencies for the licensee to use radio frequencies, if such cancellation leads to the impossibility of providing communication services;

3) failure by the licensee to comply with the instructions of the licensing authority within the prescribed period, which obliged to eliminate the identified violation, including the instructions that were issued upon issuing a warning about the suspension of the license.

3. A warning about suspension of a license, as well as a decision to suspend a license, shall be communicated by the licensing authority to the licensee in writing, indicating the grounds for making such a decision or issuing a warning no later than ten days from the date of such a decision or warning.

4. The licensing authority is obliged to establish a reasonable time period for the licensee to eliminate the violation that led to the issuance of a warning about the suspension of the license. The specified period cannot exceed six months. If, within the specified time period, the licensee has not eliminated such a violation, the licensing authority has the right to suspend the license and apply to the court with a demand to revoke the license.

Article 38. Renewal of the license

1. In the event that the licensee eliminates the violation that entailed the suspension of the license, the licensing body is obliged to make a decision on the renewal of its validity.

2. Confirmation of the elimination of the violation by the licensee, which entailed the suspension of the license, is issued within a period of no later than ten days from the date of elimination of the specified violation, the conclusion of the body of state supervision over communications. The decision to renew the license must be made no later than ten days from the date of receipt by the licensing authority of the said conclusion.

Article 39. Cancellation of a license

1. Cancellation of a license in court is carried out at the claims of interested persons or the licensing authority in the event of:

1) detection of inaccurate data in the documents that served as the basis for making a decision on issuing a license;

2) failure to eliminate, within a specified time 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 participation in the auction (auction, competition) (if the license was issued based on the results of the auction (auction, competition)).

2. Cancellation of a license by the licensing authority is carried out in the event of:

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 of the licensee with a request to revoke the license;

4) has ceased to be valid.

3. Abolished.

4. The decision of the licensing authority to revoke the license shall be brought to the attention of the licensee within ten days from the date of adoption and may be appealed against in court.

Article 40. Formation and maintenance of the 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 should contain the following information:

1) information about licensees;

2) the name of the communication services for the provision of which the licenses were issued, and the territory in which it is allowed to provide the corresponding communication services;

3) date of issue and license number;

4) the term of the license;

5) the basis and date of suspension and renewal of the license;

6) the basis and date of cancellation of the license;

7) other information established by the licensing body depending on the name of communication services.

2. Information of the register of licenses in the field of communications is subject to publication in the volume, form and procedure, which are determined by the licensing authority, taking into account the changes made to the specified register.

Article 41. Confirmation of compliance of communication facilities and communication services

1. To ensure the integrity, stability of the functioning and safety of the unified telecommunication network of the Russian Federation, it is mandatory to confirm the compliance with the established requirements of the communication facilities used in:

1) public communication networks;

2) technological communication networks and special-purpose communication networks in case of their connection to the public communication network.

2. Confirmation of the compliance of the communication facilities 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 facilities, shall be carried out through their mandatory certification or acceptance of a declaration of conformity.

Communication facilities subject to mandatory certification are provided for certification by the manufacturer or seller.

Documents confirming the compliance of communication facilities with the established requirements, test reports of communication facilities 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 communication facilities that are not subject to mandatory certification.

3. The list of communications equipment subject to mandatory certification, approved by the Government of the Russian Federation, includes:

communication facilities that perform the functions of switching systems, digital transport systems, control and monitoring systems, as well as communication facilities with measuring functions, taking into account the volume of communication services provided by communication operators in public communication networks;

terminal equipment, which can lead to disruption of the functioning of the public communication network;

communication facilities of technological communication networks and special-purpose communication networks in terms of their connection to public communication networks;

radio electronic communications;

communication equipment, including software that ensures the implementation of established actions during operational-search activities.

When modifying the software that is part of a communication facility, the manufacturer, in accordance with the established procedure, can accept a declaration of compliance of this communication facility with the requirements of a previously issued certificate of conformity or an adopted declaration of conformity.

4. Certification of communication services and the quality management system of 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 the conformity of communications equipment, the procedure for accrediting certification bodies, testing laboratories (centers) conducting certification tests, and approves the rules for conducting certification.

Control over compliance by certificate holders and declarants with obligations to ensure the compliance of the supplied communication facilities with certification requirements and conditions and registration of declarations of conformity adopted by manufacturers shall be entrusted 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, test laboratories (centers), regardless of organizational and legal forms and forms of ownership.

6. For registration of the declaration of conformity, a state duty 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 that the communication facility, the quality management system of the communication facility, communication service, and the quality management system of the communication service comply with the requirements of the regulatory documents for which the certification was carried out or the declaration was adopted.

8. If a discrepancy is found in the operated communication facility that has a certificate of conformity or a declaration of conformity with the established requirements, the certificate holder or declarant is obliged to eliminate the revealed discrepancy at his own expense. The deadline for eliminating the revealed discrepancy is established by the federal executive body in the field of communications.

Article 42. Issuance and termination of validity of certificates of conformity in the course of compulsory certification of communications equipment

1. To carry out mandatory certification of a communication facility, the applicant shall send to the certification body an application for certification and its technical description in Russian, which allows the identification of a communication facility and contains technical parameters by means of which it is possible to assess the compliance of a communication facility with the established requirements.

The applicant-seller also submits to the certification body a document of the manufacturer, confirming the fact that he has produced the communication device claimed for certification.

2. The term for consideration of an application for certification shall 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 the documented results of certification tests, within a period of not more than thirty days, makes a decision on the issue 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 facility does not meet the established requirements or the applicant has violated the rules for conducting certification.

5. The federal executive body in the field of communications publishes information on the entry of the certificate of conformity into the register of certificates of conformity of the certification system in the field of communications or on the exclusion of the certificate of conformity from the specified register.

1. Declaration of conformity is carried out by the applicant's acceptance of a declaration of conformity on the basis of his own evidence and evidence obtained with the participation of an accredited testing laboratory (center).

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 motivated basis for confirming the compliance of communication facilities with the established requirements. The applicant also includes in the evidence 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 facility in Russian, which makes it possible to identify this communication facility;

the statement of the applicant that the communication facility, when used in accordance with its intended purpose and the adoption by the applicant of measures to ensure the compliance of the communication facility with the established requirements, will not have a destabilizing effect on the integrity, stability of functioning and security of the unified telecommunication network of the Russian Federation;

information on the studies (tests) and measurements carried out, as well as on the documents that served as the basis for confirming the compliance of the communication facility 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 the evidence are kept by the applicant during the validity period of this declaration and within three years from the date of its expiration. The second copy of the declaration of conformity is kept by the federal executive body in the field of communications.

Articles 43.1 - 43.2. Abolished.

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 on the provision of communication services, concluded in accordance with civil law 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 on the provision of communication services, as well as the procedure and grounds for the suspension of the provision of communication services under an agreement and termination of such an agreement, especially the provision of communication services, the rights and obligations of communication operators and users communication services, the form and procedure for settlements for the provided communication services, the procedure for filing and considering complaints, claims of users of communication services, the responsibility of the parties.

3. In the event that the user of communication services violates the requirements established by this Federal Law, the rules for the provision of communication services or the contract for the provision of communication services, including violation of the terms of payment for the communication services provided to him, determined by the terms of the contract for the provision of communication services, the communication operator has the right to suspend provision of communication services until the violation is eliminated, except for the cases established by this Federal Law.

If such violation is not eliminated within six months from the date of receipt by the user of communication services from the communication operator in writing of the intention to suspend the provision of communication services, the communication operator in 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. Peculiarities of rendering communication services to citizens

1. The contract for the provision of communication services, concluded with citizens, is public contract... The terms of such an agreement must comply with the rules for the provision of communication services.

2. In all cases of replacement of the subscriber number, the telecom operator is obliged to notify the subscriber and inform him of the new subscriber number not less than sixty days in advance, unless the need for replacement was caused by unforeseen or extraordinary circumstances.

3. The communication operator, without the written consent of the subscriber, is not entitled to change the connection scheme of his terminal equipment operating on a separate subscriber line.

4. The subscriber has the right to demand switching the subscriber number, and the telecom operator, if technically feasible, is obliged to switch the subscriber number to the subscriber line in a room located at a different address and owned by this subscriber. Subscriber number switching is an additional service.

5. In case of termination of the subscriber's right to own and use the premises in which the terminal equipment is installed (hereinafter referred to as the telephone premises), 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 telephonic premises, within thirty days is obliged to conclude a contract with him on the provision of communication services.

In the event that family members of the subscriber remain in the telephone room, 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 inheritance acceptance period established by the Civil Code of the Russian Federation, which includes the telephone room, the telecom operator does not have the right to dispose of the corresponding subscriber number. When the said premises are inherited, an agreement on the provision of communication services is concluded with the heir. The heir is obliged to pay the telecommunications operator the cost of the telecommunications services rendered for the period prior to the entry into inheritance rights.

Article 46. Obligations of telecom operators

1. The telecom operator is obliged:

to provide communication services to users of communication services in accordance with the legislation of the Russian Federation, national standards, technical norms and rules, a license, as well as an agreement on the provision of communication services;

to 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 communication, to build communication networks taking into account the requirements for ensuring the stability and safety of their functioning. The associated costs, as well as the costs of creating and operating the control systems of their communication networks and their interaction with a single network telecommunications of the Russian Federation are borne by telecom operators;

comply with the requirements regarding 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 the requirements for mutual settlements and mandatory payments;

submit statistical reports 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 communication facilities, on the conditions for the provision of communication services, connection services and traffic transmission services, on the 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 the unimpeded access of disabled people to communication facilities intended for working with users of communication services, including to places of provision of communication services and places of payment for them at communication facilities.

3. A communications operator, in order to inform users of communications services about the numbering operating on its communications network, is obliged to create a system of free information and reference services, as well as provide paid basis based on economically justified costs, information about the subscribers of its communication network to organizations interested in creating their own information and reference service systems.

4. A communications operator that provides communications services for the purposes of television broadcasting and (or) radio broadcasting (with the exception of communications services for the purposes of wire radio broadcasting) on ​​the basis of an agreement with a subscriber, in accordance with the terms of the license obtained, is obliged to broadcast mandatory publicly available TV channels and (or) radio channels in unchanged form at their own expense (without concluding agreements with broadcasters of compulsory public TV channels and (or) radio channels and without charging a fee for receiving and broadcasting such channels from subscribers and broadcasters of compulsory 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, laws of the constituent entities of the Russian Federation may establish benefits and advantages in terms of the priority of rendering communication services, the procedure and amount of their payment.

2. Users of communication services specified in paragraph 1 of this article shall be obliged to pay for the communication services rendered to them in in full with the subsequent compensation of their expenses directly from the budget of the corresponding level.

Article 48. Use of languages ​​and alphabets in the provision of communication services

1. In the Russian Federation, office work in the field of communications is carried out in Russian.

2. The relationship of telecom operators with users of telecom services arising from the provision of telecom services on the territory of the Russian Federation is 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 drawn up in Russian. The addresses of senders and recipients of telegrams, postal items and postal orders of funds sent within the territories of the republics that are part of the Russian Federation can be issued in the state languages ​​of the respective republics, provided that the addresses of senders and recipients are duplicated in Russian.

4. The text of the telegram must be written in the letters of the Russian alphabet or in the Latin alphabet.

5. International messages transmitted over telecommunication networks and postal networks are processed in the languages ​​determined by international treaties of the Russian Federation.

Article 49. Accounting and reporting time in the field of communications

1. In the 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 time.

2.In international communication 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 requiring their direct participation is carried out by the communication operator indicating the time in force in the time zone at the location of the user or users of communication services.

Article 50. Service telecommunications

1. Service telecommunications are used for the purposes of operational and technical and administration communication networks and cannot be used to provide communication services on the terms of a contract for the provision of paid communication services.

2. Telecommunications operators provide service 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 a contract 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 the amount corresponding to the amount of financing stipulated by the respective budgets for the payment of communication services.

Article 51.1. Features of the provision of communication services for the needs of the country's defense, state security and ensuring law and order

1. The federal executive body in the field of communications, in agreement with the federal executive bodies, which are in charge of special-purpose communication networks intended for the needs of the country's defense, state security and law enforcement, has the right to establish additional requirements for communication networks that are part of the network public communications and used to provide communications services for the needs of the country's defense, state security and law enforcement.

In the event that 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 a telecom operator, these requirements must be met within the time frame established a state contract for the provision of communication services for the needs of the country's defense, state security and ensuring law and order.

2. Prices for communication services provided for the needs of the country's defense, state security and law enforcement should be determined by the state contract based on the need to compensate for economically justified costs associated with the provision of these communication services, and reimbursement of a reasonable rate of return (profitability) from the capital used when providing these communication services.

3. Changes in the prices for communication services rendered for the needs of the country's defense, state security and law enforcement, and the terms of payment for the rendered communication services 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 the country's defense, state security and law enforcement, the communication operator that 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 operational services

By the Decree of the Government of the Russian Federation of December 31, 2004 No. 894, starting from 2008, the number "112" was assigned as single number call emergency services throughout the Russian Federation.

1. The telecom operator is obliged to ensure the possibility of a round-the-clock call to emergency services free of charge for the user of communication services ( fire department, police, ambulance, 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 should be provided to each user of communication services by dialing a number that is common throughout the territory of the Russian Federation for each emergency operational service.

2. The costs of communication operators incurred in connection with the provision of a call to emergency operational services, including the costs associated with the provision of services for connecting communication networks of emergency operational services to the public communication network and transmission and reception of messages from these services, shall be reimbursed on the basis of contracts, concluded by telecom operators with the bodies and organizations that have created the relevant emergency operational services.

Article 53. Databases on subscribers of telecom operators

1. Information about the subscribers and the communication services provided to them, which became known to the communication operators by virtue of the execution of the contract for the provision of communication services, is 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, the name (company name) of the subscriber - a legal entity, the last name, first name, patronymic of the head and employees of this legal entity, as well as the subscriber's address or the address of installation of terminal equipment, subscriber numbers and other data allowing identification of the subscriber or his terminal equipment, information from the databases of payment systems for the rendered communication services, including about connections, traffic and payments of the subscriber.

2. Telecommunications operators have the right to use the subscriber databases created by them for the implementation of information and reference services, including for the preparation and dissemination of information different ways in particular on magnetic media and using telecommunications.

When preparing data for information and reference services, the surname, first name, patronymic of a citizen subscriber and his subscriber number, the name (company name) of the subscriber - a legal entity, the subscriber numbers indicated by him and the addresses of the terminal equipment installation can be used.

Information about subscribers-citizens 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 services service provider or third parties.

The provision of information about subscribers-citizens to third parties may be carried out only with the consent of the subscribers in writing, with the exception of cases stipulated by federal laws.

Article 54. Payment for communication services

1. Payment for communication services is made by 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 contract for the provision of communication services, unless otherwise established by the legislation of the Russian Federation. In case the tariffs for services this operator communications are subject to state regulation, at the request of a citizen subscriber, the communications operator is obliged to provide this citizen subscriber with the opportunity to pay for the provision of access to the communications network with payment in installments for at least six months with an initial payment of not 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, unless the telephone connection is established:

with the help of a telephonist with payment at the expense of the called user with communication services;

using the access codes to 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 on the allocation of a numbering resource to a communications operator, which includes a subscriber number allocated to this subscriber, unless otherwise specified in the communication service agreement.

Payment for local telephone connections is made at the choice of a citizen subscriber using a subscriber or time-based payment system.

2. The basis for settlements for communication services is the readings of measuring instruments, communication facilities 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. Abolished.

Article 55. Submission of complaints and presentation of claims and their consideration

1. The user of communication services has the right to appeal administratively or judicially against the decisions and actions (inaction) of the body or official, a telecom operator, associated with the provision of telecom services, as well as ensuring the operational readiness of the radio frequency spectrum.

2. The communications operator is obliged to have a book of complaints and suggestions and issue it at the first request of the user of communications services.

3. The consideration of complaints from users of communication services is carried out in accordance with the procedure established by the legislation of the Russian Federation.

4. In the event of non-fulfillment or improper fulfillment of obligations arising from the contract for the provision of communication services, the user of communication services, prior to going to court, presents a claim to the communication operator.

5. Claims are submitted within the following terms:

1) within six months from the date of the provision of communication services, refusal to provide it or the date of invoicing for the provided communication service - on issues related to the refusal to provide communication services, untimely or improper performance of obligations arising from the contract for the provision of communication services, either non-performance or improper performance of work in the field of telecommunications (with the exception of complaints related to telegraph messages);

2) within six months from the date of sending the postal item, making a postal money transfer - on issues related to non-delivery, late delivery, damage or loss of postal items, non-payment or untimely payment of the transferred funds;

3) within a month from the date of submission of the telegram - on issues related to non-delivery, late delivery of the telegram or distortion of the text of the telegram, changing its meaning.

6. The claim shall be accompanied by a copy of the contract for the provision of communication services or other document confirming the fact of the conclusion of the contract (receipt, list of attachments, and the like) and other documents that are necessary for considering the claim on the merits and in which information on non-performance or improper performance must be indicated obligations under the contract for the provision of communication services, and in the case of a claim for compensation for damage - 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 who submitted the claim must be notified of the results of the consideration of the claim in writing.

8. For claims of certain types, special terms for their consideration are provided:

1) claims related to postage and postal transfers of funds sent (transferred) within one 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 period 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 timeframe established for its consideration, the user of communication services has the right to bring a claim to court.

Article 56. Persons entitled to make claims and place of making claims

1. The following persons have the right to file a claim:

subscriber for obligations arising from the contract for the provision of communication services;

a user of communication services who is denied the provision of such services;

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 on the provision of telecommunications services or who has refused to conclude such an agreement.

Claims related to the acceptance or delivery of postal or telegraphic items may be submitted both to the telecom operator who received the item and to the telecom operator at the place of 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.

In accordance with this Federal Law, universal communication services include:

telephone communication 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 terms for the commencement of the provision of universal communication services, as well as the procedure for regulating tariffs for universal communication services, shall be 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 the user of communication services reaches the payphone without using vehicle, should not exceed one hour;

in each settlement must be installed at least one payphone with security 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 information and telecommunications network "Internet" must be created.

Article 58. Operator of universal service

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 tender 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 peculiarities, is determined based on the need to provide universal communication services to all potential users with the specified services.

The right to provide universal communication services is granted to operators of the public communication network based on the results of a competition held in the manner determined by the Government of the Russian Federation.

In the absence of applications for participation in the tender or the impossibility of identifying a winner, the provision of universal communication services in a certain territory shall be 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 an essential position in the public communications network.

An operator occupying an important position in the public communications network is not entitled to refuse from the obligation imposed on him to provide universal communications services.

Article 59. Universal service reserve

1. In order to ensure compensation for universal service operators for losses caused by the provision of universal communication services, a universal service reserve is formed.

2. The funds of 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 mandatory contributions (non-tax payments) to the universal service reserve by the operators of the public communications network are controlled by the federal executive body in the field of communications.

Article 60. Sources of formation of the reserve of universal service

1. The sources of the formation of the universal service reserve are the obligatory deductions (non-tax payments) of the operators of the public communications network and other sources not prohibited by law.

2. The basis for calculating compulsory 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 taxes charged 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 a public communications network operator is set at 1.2 percent.

4. The amount of the mandatory deduction (non-tax payment) of a public communications network operator shall be 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. Operators of the public communications network, no later than thirty days from the end of the quarter in which the income was received, are obliged to make mandatory contributions (non-tax payments) to the universal service reserve. Quarters are counted from the beginning of the calendar year.

6. In the event that mandatory contributions (non-tax payments) of operators of the public communication network to the universal service reserve have not been made in due time or have not been made in full, the federal executive body in the field of communications has the right to apply to the court with a claim for the collection of 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 shall be reimbursed in an amount not exceeding the amount of damages established by the results of the tender, or, if the tender was not held, the maximum amount of damages, 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 communication operator in the event that the obligation to provide universal communication services was not imposed on him, unless otherwise provided by this Federal law.

2. The universal service operator shall keep separate records of income and expenses for the types of activities carried out, for the communication services provided and the parts of the telecommunication network used for the provision of 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 RIGHTS OF USERS OF COMMUNICATION SERVICES

Article 62. Rights of users of communication services

1. The user of communication services has the right to send a communication message, send a postal item or make a postal money transfer, receive an telecommunication message, a postal item or a 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 telecommunication and postal services, guarantees of receipt of these communication services proper quality, the right to receive the necessary and reliable information about communication services and about communication operators, the grounds, amount and procedure for compensation for damage as a result of non-fulfillment or improper 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 the 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 secrecy of correspondence, telephone conversations, postal items, telegraph and other messages transmitted over telecommunication networks and postal networks is allowed only in cases stipulated by federal laws.

2. Telecommunications operators are obliged to ensure the observance of the secrecy of communications.

3. Inspection of postal items by persons who are not authorized employees of the telecom operator, opening postal items, inspection of attachments, familiarization with information and documentary correspondence transmitted through telecommunication networks and postal networks are carried out only on the basis of a court decision, except for 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 money transferred may be issued only to senders and recipients or their authorized representatives, unless otherwise provided federal laws.

Article 64. Obligations of communication operators and restriction of the rights of users of communication services during operational search measures, measures to ensure the security of the Russian Federation and the implementation of investigative actions

1. Communication operators are obliged to provide authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation, information about users of communication services and the communication services provided to them, as well as other information necessary to perform the tasks assigned to these bodies, in cases where established by federal laws.

2. Telecommunications operators are obliged to ensure the implementation of the requirements for networks and means of communication established by the federal executive body in the field of communications, in agreement with authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation, to be carried out by these bodies in cases established by federal laws, measures in order to implement the tasks assigned to them, as well as take measures to prevent the disclosure of organizational and tactical techniques 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-search activities or ensuring the security of the Russian Federation, in cases established by federal laws.

Telecommunications 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-search activities or ensuring the security of the Russian Federation, which made the decision to suspend the provision of communication services.

4. The procedure for interaction of telecom operators with authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation shall be established by the Government of the Russian Federation.

5. When the authorized state bodies carry out investigative actions, communications operators are obliged to provide these bodies with assistance in accordance with the requirements of the criminal procedure legislation.

Chapter 10. CONTROL OF COMMUNICATION NETWORKS IN EMERGENCYSITUATIONS AND EMERGENCIES

Article 65. Management of the public communication network

1. Management of the public communications network in emergency situations shall be carried out by the federal executive body in the field of communications in cooperation with the control centers for special-purpose communications networks and technological communications networks that are connected to the public communications network.

2. To coordinate the work to eliminate the circumstances that served as the basis for the introduction of the state of emergency and its consequences, in accordance with the regulatory legal acts of the Russian Federation on the introduction of the state of emergency, temporary special management bodies may be formed, 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 communication facilities

1. During natural and man-made emergencies 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 communication facilities, as well as to suspend or restrict the use of these communication networks and facilities. communication.

2. Telecommunications operators should give absolute priority to all messages related to human safety on water, on the ground, in the air, in outer space, as well as messages on major accidents, disasters, epidemics, epizootics and natural disasters associated with urgent measures in areas of public administration, national defense, state security and law and order.

Article 67. Abolished.

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 the 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 shall 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 telecom services in accordance with civil law.

3. Telecommunications operators bear property liability for the loss, damage to valuable postal items, shortage of postal attachments in the amount of the declared value, distortion of the text of the telegram that changed its meaning, failure to deliver the telegram or delivery of the telegram to the addressee after twenty-four hours from the moment of its submission in the amount contributed payment for a telegram, with the exception of telegrams addressed to settlements in which there is no telecommunication network.

4. The amount of liability for non-fulfillment or improper fulfillment by telecommunications operators of obligations for the forwarding or delivery of other registered postal items shall be determined by federal laws.

5. Employees of telecom operators are financially liable to their employers for the loss or delay in delivery of all types of postal and telegraphic items, damage to attachments of postal items that occurred through their fault in the performance of their official duties, to the extent of the liability that the telecom operator bears to the user of communication services if another measure of responsibility is not provided for by the relevant federal laws.

6. The telecom operator is not responsible for non-fulfillment or improper fulfillment of obligations to transmit or receive messages or forward or deliver postal items, if it is proved 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 by Clause 3 of Article 44 of this Federal Law, the user of communication services is obliged to reimburse the communication operator for the 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 the 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 communications, 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 defends 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, 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 use the legal regime established for citizens of the Russian Federation and Russian organizations to the extent that this regime is provided by the respective 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 associated with activities in the field of international communications on the territory of the Russian Federation are governed 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 operators of international telecommunications is established on the basis of international operating agreements and taking into account the recommendations of international telecommunication organizations, to which the Russian Federation is a party.

3. For the provision of communication services within the world information and telecommunication networks on the territory of the Russian Federation, it is mandatory:

creation of Russian segments of world communication networks, ensuring interaction with the unified communication network of the Russian Federation;

creation Russian operators communications that meet the requirements for them by this Federal Law;

ensuring economic, public, defense, environmental, information and other types of security.

Article 71. Moving terminal equipment across the customs border of the Russian Federation

1. Moving 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 operating in communication networks for personal, family, home and other not related to implementation entrepreneurial activity needs, carried out in accordance with the customs legislation of the Russian Federation without receiving special permission 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 the places of international postal exchange on the territory of the Russian Federation.

Chapter 13. FINAL AND TRANSITIONAL PROVISIONS

Article 73. Bringing legislative acts in accordance 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);

Clause 2 of Article 42 of the Federal Law of July 17, 1999 No. 176-FZ "On Postal Communication" (Collected Legislation of the Russian Federation, 1999, No. 29, Art. 3697).

Article 74. Entry into force of this Federal Law

1. This Federal Law shall enter into force on January 1, 2004, with the exception of Clause 2, Article 47 of this Federal Law.

President of the Russian Federation V. PUTIN

Moscow Kremlin

Order of the Ministry of Information Technologies and Communications of the Russian Federation of January 9, 2008 N 1
"On approval of requirements for the protection of communication networks from unauthorized access to them and information transmitted through them"

In accordance with Article 12 and Article 26 of the Federal Law of July 7, 2003 N 126-FZ (Collected Legislation of the Russian Federation, 2003, N 28, Art. 2895; N 52 (Part I), Art. 5038; 2004, N 35, article 3607; No. 45, article 4377; 2005, No. 19, article 1752; 2006, No. 6, article 636; No. 10, article 1069; No. 31 (part I), article 3431, 3452; 2007, N 1, Art.8; N 7, Art.835) I order:

1. To approve the attached requirements for the protection of communication networks from unauthorized access to them and information transmitted through them.

2. Send this order for state registration to the Ministry of Justice of the Russian Federation.

3. Control over the execution of this order shall be entrusted to the Deputy Minister of Information Technologies and Communications of the Russian Federation B.D. Antonyuk.

Registration N 10993

In order to protect against unauthorized access to communication networks and information transmitted through them, communication operators are obliged to take organizational and technical measures aimed at preventing access to communication lines, communication facilities, communication facilities located both inside and outside communication facilities, and transmitted via information communication networks. The approved requirements for the protection of communication networks from unauthorized access to them and information transmitted through them apply to telecommunication networks that are part of a public communication network, with the exception of communication networks for the distribution of television broadcasting and radio broadcasting programs.

Communication nodes of communication networks are subdivided into communication centers I, II, III protection categories. The categorization of communication centers by security is given.

To protect against unauthorized access to communication facilities and communication lines of communication networks and the information transmitted through them, the following measures are applied: equipping communication facilities in which communication centers are located with technical means of protection, including burglar alarms; the establishment of fences that exclude the accidental passage of individuals and the entry of vehicles into the protected area for communication centers of I and II security categories; organization of access control; equipping communication facilities with access control devices; control of connection to communication centers of technical and software tools used in the operation of communication centers; application of the identification procedure for user (terminal) equipment in mobile radio communication networks, mobile radiotelephone communication networks, mobile satellite radio communication networks, etc.

Protection against unauthorized access to subscriber communication lines when using radio electronic means is provided by coding information in the radio channel.

All cases of unauthorized access to communication networks and information transmitted through them are subject to mandatory registration and analysis.

Order of the Ministry of Information Technologies and Communications of the Russian Federation of January 9, 2008 N 1 "On approval of requirements for the protection of communication networks from unauthorized access to them and information transmitted through them"

Registration N 10993

This order comes into force 10 days after the day of its official publication.

Alexander Nikolaevich, tell us, please, how until recently were the issues of preventing unauthorized access to objects and information protection in public communication networks resolved?

We can say that with the solution of the first of the problems you outlined - the problem of protecting objects of communication networks - several years ago, the second one was also solved: the protection of information. Then the protection of public communication networks was provided by the state, and this happened mainly through the adoption of various organizational and technical measures, for example, by restricting access to communication facilities, including using such a trivial method as sealing line-cable structures and cross devices. Particular attention was paid to the issues of information protection in the field of public administration, national defense, state security and law enforcement. To solve this problem, including on the basis of public communication networks, ad hoc networks, in which the protection of information was carried out in a comprehensive manner, ensured the integrity, confidentiality and availability of information using cryptographic means and other measures to protect information from leakage through side channels, radiation and interference. In the field of protection of the above information, there was also a corresponding regulatory framework.

- How would you describe the current situation?

Today the situation has radically changed both in organizational and technological terms. The importance of information in all spheres of public life has noticeably increased, which, naturally, has led to an increase in the volume of its transmission over telecommunication networks and requirements for the quality of its delivery, including ensuring its protection.

A corresponding regulatory legal framework has also appeared - such federal laws as: "On Information, Informatization and Protection of Information", "On Electronic digital signature"," About communication ".

On the one hand, as you know, public network operators today are commercial companies. On the other hand, in connection with the further intellectualization of communication networks, the number of vulnerabilities in these networks has significantly increased - vulnerabilities through which it is possible to disorganize the functioning of communication networks. The likelihood of these networks becoming out of order has increased. From the first it is clear that the transfer of the function of protection from unauthorized access to objects that are part of communication networks directly to the owners of communication networks is quite justified. And it is obvious that the owners must also ensure the protection of information transmitted over these networks. Both the first and the second provisions were included in the new Federal Law "On Communications". I'm talking about Articles 7, 12 and 46.

- Please tell us more about these articles.

The priority task that was solved in the development of these articles was the task of ensuring the protection of the constitutional rights of citizens to the secrecy of telephone conversations, telegraph and other messages transmitted over telecommunication networks, as well as ensuring the stability and security of the functioning of public communication networks. Article 7 obliges telecom operators to ensure the protection of "communications equipment and communications facilities from unauthorized access to them", and the 12th gives the right to the federal executive body and obliges it to establish requirements "... to organizational and technical support for the stable functioning of communications networks, in including in emergency situations, protection of communication networks from unauthorized access to them and information transmitted through them ". Article 46 obliges telecom operators to be guided in the construction and operation of communication networks by the regulatory legal acts of the federal executive body in the field of communications, as well as to build communication networks taking into account the requirements to ensure the stability and safety of their operation.

What steps is the ministry taking primarily to implement the provisions of the new law, in particular Article 12?

In 2003, we already carried out a number of R&D projects, but most of the work remained unfinished due to the lack of the necessary funding. It is clear that, like any law, the Law "On Communications" introduces legal norms, the implementation of which requires rules and implementation mechanisms that are clear and transparent for everyone. Now all our efforts are aimed at developing necessary requirements to networks and means of communication. Their phased implementation will ensure the stability and security of the operation of public communication networks. The priority work in this direction is the completion of the development and approval of the Concept for ensuring information security of public communication networks.

I want to emphasize that this document introduces the concept of "basic level of security of communication networks". This is extremely important, because, based on this concept, we will be able, on the one hand, to impose feasible requirements on operators, and on the other, to provide a certain uniform security level for the top. Naturally, operators can use more powerful security measures at will. But no one will be able to go below this basic level.

The formation of requirements that determine the basic level of security will be based on the analysis of the vulnerabilities of public communication networks and the development of the necessary: ​​both organizational and technical measures to ensure an increase in their security.

- Could you give any specific examples.

Yes, for example, one of the most vulnerable points of the public telephone network is common channel alarm. If you do not take appropriate measures to protect it, there is a possibility of interference through it in the process of establishing connections. As a result, it is possible to significantly reduce the quality characteristics of the network for the transmission of information or simply disable it. This also applies directly to telephone networks general use, and to intelligent communication networks, and communication networks of cellular operators. It would seem that this is the vulnerability: find it - fix it: however, in practice, everything is not so simple. Until recently, public communication networks were equipped with communication facilities that were not endowed with information security capabilities; moreover, no corresponding requirements were put forward.

- Who will participate in the specified R&D?

The branch institutes TsNIIS, LONIIS, NIIR, VNIIPVTI, which have the appropriate licenses to carry out such work, as well as certain experience and knowledge of this problem, are connected to the implementation of these works. Let's say TsNIIS knows the network. This is a systems institute, which, when solving this problem, must correctly set the task, and, for example, VNIIPVTI can develop specific mechanisms for ensuring information security, in accordance with which appropriate regulatory documents can be prepared that determine the requirements for communication networks. Naturally, this work will be carried out in cooperation with the FSB of Russia and the State Technical Commission of Russia, which have vast experience in this area.

- And what about telecom operators?

When developing the requirements, we will naturally involve the operators themselves. We cannot offer them something unrealizable, which may turn out to be a heavy burden for them from an economic point of view. After all, it is clear that the problem must be solved in stages and the requirements must be introduced gradually. It is necessary to draw your attention to the fact that the "Association of Documentary Telecommunications", in which there are over 130 members, including communication operators of the ESE of Russia, has been involved in the development of the Concept for ensuring information security of public communication networks and the program of work for its implementation.

- What do you mean by ensuring the security of public networks?

In order to implement the provisions of the Federal Law "On Communications" in terms of protecting communications networks from unauthorized access to them and information transmitted through them, it is necessary to clearly define: what do we mean in this context by the protection of information? To ensure the protection of information in terms of its confidentiality and integrity with the required level of security is possible only with the use of cryptographic means placed at the user, as well as other organizational and technical measures aimed at protecting information from leakage through side radiation channels and interference to other circuits beyond the limits of the controlled area.

It would be unwise to provide high level protection of information in terms of its confidentiality and integrity for all users of communication networks. This task should be solved individually for each user, of course, for additional fee... The main task that public networks must solve in the new conditions is to ensure the protection of information in terms of its availability. That is, the network must ensure the transport of information to a given address with the required quality. Thus, the task of protecting information in communication networks is mainly transformed into a solution to the problem of ensuring the stability of the functioning of the network in conditions of information influences (it was said above that in the process of "intellectualization" of communication networks, the level of their protection from "destructive information influences" decreases).

In this case, of course, a set of measures should be applied to protect information, owned network communication (management information), as well as personal information (subscriber's address, information about the services provided to him, etc.), which became known to the telecom operator due to his activities. I think that the majority of users of public communication networks would not like this data to be available to third parties. In this case, the task of ensuring the integrity, confidentiality and availability of this information should be solved. This is the information security of a public communications network. This includes a set of traditional organizational and technical measures aimed at excluding unauthorized access to facilities and communication lines.

- Are there any planned dates for R&D?

Of some certain timeframes not yet scheduled. The timing and specific areas of R&D should be determined in the work program for the implementation of the Concept for ensuring information security of public communication networks, which is currently being worked on. At the same time, it is necessary to realize that the terms and quality of work directly depend on the amount of funding: more funding, less time, and vice versa.

Order of the Ministry of Information Technologies and Communications of the Russian Federation of January 9, 2008 N 1
"On approval of requirements for the protection of communication networks from unauthorized access to them and information transmitted through them"

In accordance with Article 12 and Article 26 of the Federal Law of July 7, 2003 N 126-FZ (Collected Legislation of the Russian Federation, 2003, N 28, Art. 2895; N 52 (Part I), Art. 5038; 2004, N 35 , Art.3607; N 45, Art. 4377; 2005, N 19, Art. 1752; 2006, N 6, Art. 636; N 10, Art. 1069; N 31 (part I), Art. 3431, Art. 3452; 2007, N 1, Art.8; N 7, Art.835) I order:

1. To approve the attached requirements for the protection of communication networks from unauthorized access to them and information transmitted through them.

2. Send this order for state registration to the Ministry of Justice of the Russian Federation.

3. Control over the execution of this order shall be entrusted to the Deputy Minister of Information Technologies and Communications of the Russian Federation B.D. Antonyuk.

Registration N 10993

REQUIREMENTS

ON PROTECTING COMMUNICATION NETWORKS FROM UNAUTHORIZED ACCESS TO THEM AND TRANSMITTED THROUGH THEIR INFORMATION

I. General Provisions

1. These requirements apply to telecommunication networks that are part of a public communication network, with the exception of communication networks for the distribution of television broadcasting and radio broadcasting programs.

2. In order to protect against unauthorized access to communication networks and information transmitted through them, communication operators take organizational and technical measures aimed at preventing access to communication lines, communication facilities, communication facilities located both inside and outside communication facilities, and transmitted through communication networks of information carried out in violation of the access procedure established by these communication operators.

3. The access procedure is approved by telecom operators and includes:

a) a description of the organization of access control to the protected area, within which the communication facilities are located (hereinafter referred to as the protected area), and the procedure for protecting this area;

b) a description of the procedures for use in the protected area technical means protection, detection and signaling;

c) establishment of a list and samples of documents giving the right to be in the protected area, as well as in communication facilities and separate premises located within the protected area;

d) organizational procedures for registration of admission to work with communication facilities and communication lines, as well as work related to the technological possibility of access to information transmitted through a communication network, and the establishment of a list of persons entitled to carry out such work;

e) a description of the procedures for registering events related to the implementation of access to communication facilities, communication lines and communication facilities.

4. Communication nodes of communication networks are subdivided into communication nodes of I, II, III protection category. The categorization of communication nodes by security is given in the appendix.

II. Requirements for protection against unauthorized access to communication facilities and communication lines of communication networks and information transmitted through them

5. To protect communication nodes of fixed telephone communication networks, mobile radio communication networks, mobile radiotelephone communication networks, mobile satellite radio communication networks, data transmission networks, telegraph communication networks from access by individuals who do not have the right to do so, communication operators provide:

a) equipping communication facilities in which communication centers are located, technical means of protection, including burglar alarms;

b) the presence of fences that exclude the accidental passage of individuals and the entry of vehicles into the protected area for communication centers of I and II security categories;

c) organization of protection of communication centers for communication centers of I and II security categories;

d) the organization of access control both in the protected area and inside the communication facilities, in which the communication nodes for communication nodes of the I and II protection categories are located;

e) equipping communication facilities with access control devices for communication centers of the I security category;

f) the presence of locking devices for the premises in which the communication centers of the III security category are located.

The numbering of paragraphs is in accordance with the source

7. To protect against unauthorized access to software of communication nodes of fixed telephone communication networks, mobile radio communication networks, mobile radiotelephone communication networks, mobile satellite radio communication networks, data transmission networks, telegraph communication networks, communication operators provide:

a) taking measures to exclude the possibility of access to communication networks for persons who do not have the right to do so, or subscribers and users who violate the procedure for access to the communication network established by the communication operator;

b) control of connection to communication nodes of hardware and software used in the operation of communication nodes;

c) registration and subsequent control of the actions of the service personnel during the operation of communication centers in accordance with the established procedure for access to the means and communication lines;

d) differentiation of access rights, including the use of identification and authentication codes by service personnel for communication nodes of I and II security categories;

e) registration and subsequent control of the facts of access of individuals, including service personnel, to communication facilities and communication lines during the operation of communication nodes for communication nodes of I and II security categories;

f) application of the identification procedure for user (terminal) equipment in mobile radio communication networks, mobile radiotelephone communication networks, mobile satellite radio communication networks;

g) establishment of authentication procedures for service personnel during remote access to communication nodes for communication nodes of I security category.

8. To protect against unauthorized access to communication facilities that are not part of the communication centers of fixed telephone networks, mobile radio networks, mobile radiotelephone networks, mobile satellite radio networks, data transmission networks, telegraph networks, communication operators provide:

a) equipping containers in which communication facilities are located outside the communication facilities with locking devices, alarming and burglar alarms;

b) installation of switchgears in places that exclude or significantly impede unauthorized access to them;

c) equipping cable distribution cabinets with locking devices and sensors for burglar alarms about unauthorized access;

d) inspection of antenna-mast structures, line-cable structures, including cable duct wells, terminal cable devices located in distribution cabinets and boxes in accordance with the procedure established by the communications operator, and keeping an inspection log.

9. To protect against unauthorized access to communication lines connecting communication nodes of fixed telephone communication networks, mobile radio communication networks, mobile radiotelephone communication networks, mobile satellite radio communication networks, data transmission networks, telegraph communication networks, communication operators provide:

a) the establishment of security zones for communication lines between communication nodes in accordance with the Rules for the protection of communication lines and facilities of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 9, 1995 N 578 (Collected Legislation of the Russian Federation, 1995, N 25, art. 2396) ;

b) inspection of communication lines, carried out in accordance with the procedure established by the communications operator, and keeping a log of the inspection;

c) application of organizational and (or) technical measures to detect unauthorized connection to wired communication lines;

d) coding of signals in radio channels when using radio electronic means;

e) the placement of communication lines, excluding the possibility of access to them without the use of any tools or mechanisms.

10. To protect against unauthorized access to subscriber communication lines of fixed telephone networks, data transmission networks, telegraph networks, communication operators provide:

a) the placement of communication lines in special boxes and junction boxes equipped with locking devices, or inside the walls of buildings, structures, or the placement of communication lines, excluding the possibility of access to them without the use of any tools or mechanisms;

b) inspection of communication lines, carried out in accordance with the procedure established by the communication operator.

11. Protection against unauthorized access to subscriber communication lines when using radio electronic means is provided by coding information in the radio channel.

III. Requirements for monitoring and recording events related to unauthorized access to communication networks and information transmitted through them

12. Events related to unauthorized access to communication networks and information transmitted through them (hereinafter - events) are documented and certified by the signature of the official who registered this event.

The event log contains:

a) an indication of the communication facility or communication line to which unauthorized access was made and their symbol;

b) description of the event;

c) a description of the consequences of the event;

d) date and time of the event and / or registration of the event;

e) an indication of the person who identified the event.

13. In order to prevent the occurrence of events related to unauthorized access to the communication network and to the information transmitted over it, during the operation of the telecommunication network, communication operators analyze the events identified, the causes and conditions of their occurrence. Based on the results of such an analysis, a conclusion and a work schedule are drawn up aimed at preventing the occurrence of events in the future associated with unauthorized access to the communication network.

The results of the work carried out in accordance with the schedule are reflected in the operational documents.

Appendix
to Requirements for network protection
communications from unauthorized
access to them and transmitted
through their information

Security categorization of communication nodes