Publication date: 08.07.2024
Legal regulation of telecommunications in Ukraine
Introduction
Telecommunications is one of the key sectors of the modern economy, which provides communication between people, businesses and government agencies, facilitating the exchange of information and the development of digital technologies. In Ukraine, as in other countries, legal regulation of telecommunications is essential to ensure the availability, quality and security of telecommunications services. This article discusses the main regulatory acts, regulatory authorities and principles of legal regulation of telecommunications in Ukraine.
Key regulatory acts
The legal regulation of telecommunications in Ukraine is based on a number of regulatory acts, among which the key ones are:
TheLaw of Ukraine "On Telecommunications". This law defines the legal, economic and organizational framework for telecommunications activities, establishes the basic principles of state regulation and supervision, and defines the rights and obligations of telecommunications operators and consumers.
TheLaw of Ukraine "On Radio Frequency Resources of Ukraine". The Law regulates the use of radio frequency resources, the procedure for their distribution and use, and sets requirements for radio electronic means and radiating devices.
TheLaw of Ukraine "On Access to Infrastructure Facilities for the Development of Telecommunication Networks". This law establishes the procedure for granting access to the infrastructure necessary for the development of telecommunications networks, defines the rights and obligations of infrastructure owners and telecommunications operators.
TheLaw of Ukraine "On Protection of Consumer Rights". The law defines the rights of consumers of telecommunications services, sets requirements for the quality of services, and the procedure for dispute resolution and consumer protection.
Regulations of theNational Commission for the State Regulation of Communications and Informatization (NCCIR). The NCCIR issues regulations governing the technical and organizational aspects of telecommunications activities.
State regulatory authorities
The main state authorities responsible for regulating and supervising the telecommunications sector in Ukraine are:
The National Commission for the State Regulation of Communications and Informatization (NCCIR). It is a central executive body with a special status that carries out state regulation and supervision of telecommunications activities. The main functions of the NCCIR include:
- Development and implementation of regulations in the telecommunications sector.
- Licensing of telecommunications operators.
- Allocation and control of radio frequency resource use.
- Protection of the rights of consumers of telecommunication services.
- Detection and investigation of violations of legislation in the field of telecommunications.
TheState Service for Special Communications and Information Protection of Ukraine. Responsible for ensuring special communications and protection of state information, as well as for implementing the state policy in the field of cryptographic information protection.
Licensing of activities in the field of telecommunications
In order to carry out activities in the telecommunications sector in Ukraine, it is necessary to obtain a license. The following types of activities are subject to licensing:
Provision of mobile communication services. Mobile operators must obtain a license to use radio frequency resources and provide mobile services.
Provision of fixed-line telecommunications services. Fixed-line operators are required to obtain a license to provide the respective services.
Provision of Internet access services. Operators providing Internet access services must obtain a license to carry out these activities.
Use of radio frequency resources. All operators using radio frequency resources are required to obtain a license.
Consumer protection of telecommunication services
Consumer protection is one of the main tasks of legal regulation of telecommunications. Ukrainian legislation provides for a number of mechanisms to protect the rights of consumers of telecommunications services:
Theright to quality services. Consumers have the right to receive quality telecommunication services that meet established standards and requirements.
The right toinformation. Consumers have the right to receive timely and complete information on tariffs, terms of service, quality of services and other important aspects of telecommunications operators' activities.
Theright to protection from unfair practices. Consumers have the right to protection from unfair practices by telecommunications operators, including deception, fraud and other violations.
Theright to complaints and dispute resolution. Consumers have the right to file complaints and apply to regulatory authorities to resolve disputes and protect their rights.
Regulation of the use of radio frequency resources
The radio frequency resource is a limited and valuable resource used to ensure the operation of telecommunication networks. In Ukraine, the use of radio frequency resources is regulated in accordance with the Law "On Radio Frequency Resources of Ukraine" and other regulations. The main provisions of this regulation include:
Allocation ofradio frequency resource. The radio frequency resource is allocated to telecommunications operators on the basis of licenses issued by the NCCIR. The allocation is based on the economic feasibility and efficiency of the resource use.
Control over the use of radio frequency resources. The NCCIR controls compliance with the conditions for the use of the radio frequency resource, monitors and takes measures to prevent violations.
Protection against radio interference. The legislation provides for measures to protect against radio interference that may affect the quality of telecommunications services.
Development of telecommunications infrastructure
The development of telecommunications infrastructure is an important aspect of ensuring the availability and quality of telecommunications services. The Law of Ukraine "On Access to Infrastructure Facilities for the Development of Telecommunication Networks" establishes the procedure for granting access to the infrastructure necessary for the development of telecommunication networks. The main provisions of this law include:
Access to infrastructure facilities. Telecommunications operators have the right to access infrastructure facilities, such as buildings, structures, poles, cable channels and other facilities necessary for the placement of telecommunications equipment.
Conditions for granting access. The law sets out the conditions for granting access to infrastructure facilities, including requirements for technical characteristics, security and information protection.
Rights and obligations of infrastructure owners and operators. The law defines the rights and obligations of infrastructure owners and telecommunications operators, including access fees, responsibility for infrastructure maintenance and dispute resolution.
Conclusion.
Legal regulation of telecommunications in Ukraine is an important tool for ensuring the availability, quality and security of telecommunications services. It includes the regulatory framework, activities of state regulatory authorities, licensing of operators, consumer protection, and regulation of the use of radio frequency resources. Effective legal regulation contributes to the development of telecommunications infrastructure, improvement of the quality of services and consumer protection, which in turn contributes to the overall development of the economy and society.
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