Publication date: 11.07.2024
The procedure for obtaining a telecommunications licence
Telecommunication activities play a key role in providing modern society with means of communication and access to information. In Ukraine, conducting telecommunications activities requires obtaining a licence, which ensures compliance with the quality and safety standards of telecommunications services. In this article, we will review the main aspects of the procedure for obtaining a telecommunications licence, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining a telecommunications licence in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Telecommunications":
- Defines the legal framework for telecommunications activities, establishes the rights and obligations of operators, providers and consumers of telecommunications services, as well as the procedure for licensing telecommunications activities.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Regulates licensing of economic activities, including telecommunications activities. The Law establishes general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
TheLaw of Ukraine "On Radio Frequency Resources of Ukraine":
- Regulates the use of the radio frequency resource of Ukraine, establishes the procedure for providing communication services using the radio frequency spectrum, as well as the requirements for licensing activities in this area.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing Activities in the Field of Telecommunications":
- Establishes the procedure for licensing telecommunications activities, requirements for business entities wishing to obtain a licence, and the application procedure.
Regulation on theProcedure for State Supervision of Compliance with Legislation in the Field of Telecommunications:
- Defines the procedure for state supervision over compliance with telecommunications legislation, establishes mechanisms for control and liability for violations of the law.
Types of licences for telecommunications activities
There are several types of licences for telecommunications activities in Ukraine, depending on the nature and scope of the activity:
Alicence for the provision of fixed-line telephone services:
- Permission to carry out activities related to the provision of fixed-line telephone services, including local and long-distance calls.
Licence for the provision of mobile communication services:
- A licence to provide mobile communication services, including voice communication, data transmission and other mobile communication services.
Licence for the provision of Internet access services:
- A permit to carry out activities related to the provision of Internet access services, including broadband access services and other Internet services.
Licence for the use of radio frequency resource:
- A permit to carry out activities related to the use of radio frequency resources for the provision of communication services, including radio broadcasting, television and other services using the radio frequency spectrum.
Requirements for applicants
In order to obtain a telecommunications licence, a business entity must meet a number of requirements set out in the legislation. The main requirements include:
Organisational and legal form:
- A telecommunications licence may be obtained by legal entities registered in accordance with the laws of Ukraine.
Material and technical base:
- A business entity must have the necessary material and technical base to carry out telecommunications activities, including equipment, infrastructure and software.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to carry out telecommunications activities. The staff must have appropriate education, training and certificates.
No criminal record:
- Managers and employees of the business entity must not have any convictions for serious crimes, crimes against life and health, as well as other crimes provided for by law.
Compliance with information security and protection requirements:
- The business entity's activities must comply with the requirements of security and information protection, including measures to protect personal data of consumers.
Procedure for applying for a licence
The procedure for applying for a telecommunications licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate.
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Certificate of no criminal record for managers and employees.
- Documents confirming compliance with security and information protection requirements.
- An application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the relevant licensing authority (for example, the National Commission for the State Regulation of Communications and Informatisation). Documents may be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication:
- The relevant licensing authority reviews the application and checks whether the applicant meets the requirements. This includes verification of the submitted documents and a possible on-site inspection at the place of business.
Decision-making:
- Based on the results of the inspection, the licensing authority makes a decision to issue or refuse to issue a telecommunications licence. In the event of a refusal, the applicant is provided with a justification of the reasons for the refusal and recommendations for eliminating deficiencies.
Obtaining a licence:
- In case of a positive decision, the applicant receives a telecommunications licence, which entitles him to carry out the relevant activities. The licence is issued in the prescribed form and registered in the relevant register. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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