The Law of Ukraine

On Radio Frequency Resource of Ukraine

Date of Entry into Force:
July 11, 2000

The Law of Ukraine “On Radio Frequency Resource of Ukraine” establishes legal grounds for using radio frequency resource of Ukraine, defines authorities of the state as regards to conditions of use of radio frequency resource of Ukraine, and specifies rights, duties and responsibility of bodies of state power, providing management and control in this sphere, and natural persons and legal entities, using and/or intending to use radio frequency resource of Ukraine.

The Law shall apply to relations between bodies of state power of Ukraine, natural persons and legal entities regarding assignment, frequency allocation, radio frequency authorization, and use of radio frequency resource of Ukraine, ensuring conversion of radio frequency resource of Ukraine and electromagnetic compatibility.

Depending on directions of use of radio frequency resource of Ukraine its users are divided into:
- special: departments and organizations of the Ministry of Defense of Ukraine, the Security Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Emergencies and Affairs of Population Protection from the Consequences of Chornobyl Catastrophe, the Administration of State Frontier Service of Ukraine, the Department of State Protection, the State Department on Sentence Execution, the State Tax Administration of Ukraine and the Ministry of Transport of Ukraine;
- general: all other users which are not included in the above list.

General users of radio frequency resource of Ukraine shall be divided into the following groups:
1) business entities which use radio frequency resource of Ukraine in order to render telecommunication services, except for distribution of TV, radio broadcasts;
2) business entities which distribute TV, radio broadcasts using own or leased radio electronic devices;
3) technological users and radio amateurs – legal entities or natural persons which use radio frequency resource of Ukraine without rendering telecommunication services.

The Cabinet of Ministers of Ukraine and central body of executive power on communication perform state management in the sphere of use of radio frequency resource of Ukraine.

Use of radio frequency resource of Ukraine shall be subject to state regulation, which is performed by the National Commission for Communications Regulation, which is established according to the Law of Ukraine “On Telecommunications”.

The Law inscribes authorities of the Cabinet of Ministers of Ukraine, central body of executive power on communications, the National Commission for Communications Regulation, the State Communications Inspection, the State enterprise “Ukrainian State Center of Radio Frequencies” and the National Television and Broadcasting Council of Ukraine on as regards to management in the sphere of use of radio frequency resource of Ukraine.

The National table of frequency allocations in Ukraine regulates allocation of radio frequency spectrum between radio services in Ukraine and defines radio frequency spectrum of special and general use. It is worked out by the central body of executive power on communications (CBEC) on the basis of the Radio Regulations of the International Telecommunications Union, taking into account suggestions and with participation of the National Commission for Communications Regulation (NCCR), the National Television and Broadcasting Council of Ukraine, General Staff of the Armed Forces of Ukraine and other interested bodies of state power. CBEC submits the above table to approval by the Cabinet of Ministers of Ukraine. Members of NCCR, of the National Television and Broadcasting Council of Ukraine and representative of the General Staff of the Armed Forces of Ukraine shall be obligatorily invited to consider approval of the National table of distribution of radio frequency spectrum in Ukraine.

CBEC shall publish the National table of distribution of radio frequency spectrum in Ukraine in the official bulletin of NCCR and on its web-site.

Radio frequencies (radio frequency spectrum) shall be allotted according to the Plan of use of radio frequency resource of Ukraine. The General Staff of the Armed Forces of Ukraine shall allot radio frequencies (radio frequency spectrum) to radio electronic and emissive devices in the radio frequency spectrum of special use. The Register of allotment of radio frequencies (radio frequency spectrum) shall be published quarterly in the official bulletin of NCCR.

Licenses for use of radio frequency resource of Ukraine shall be issued by the NCCR to the business entities which use radio frequency resource of Ukraine in order to render telecommunication services. The NCCR shall issue licenses for use of radio frequency resource of Ukraine simultaneously with licenses for activity in telecommunications sphere, which envisages use of radio frequency resource of Ukraine. Validity term of the license for use of radio frequency resource of Ukraine shall be set by the NCCR, but it shall not be shorter than the term of validity of respective license for activity in telecommunications sphere with use of radio frequency resource of Ukraine, and in other cases – not less than 5 years.

Radio frequency resource of Ukraine, taking into account requirements of the legislation of Ukraine and international agreements of Ukraine, shall be used by:
- ships and other sailing means, space systems and flying devices, including respective land devices;
- diplomatic representative offices, consular posts of foreign states, representative offices of international organizations in Ukraine and military formations of foreign states, which temporarily stay on the territory of Ukraine.

Users of radio frequency resource of Ukraine shall pay monthly fee for use of radio frequency resource. The amount of monthly fee for use of radio frequency resource of Ukraine shall be set by the Cabinet of Ministers of Ukraine.
Warning! The information is outdated due to the fact that this section is temporarily not updated!


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