On Electric Communication

UNOFFICIAL TRANSLATION

LAW OF THE REPUBLIC OF BELARUS
July 19, 2005 No. 45-3
On Electric Communication

Adopted by the Chamber of Representatives on June 21, 2005.
Approved by the Council of Republic on June 30, 2005.

The present Law determines legal, organizational and economic bases of activities in the field of electric communication, and it is directed for provision of establishment, stable and efficient functioning and development of electric communication networks, centralized control of the radio frequency spectrum and the numbering system, for provision of conditions for meeting the requirements in the services of the electric communication for physical persons and legal entities, state control, national security, defense, protection of the legal order, prevention and liquidation of emergency situations.

CHAPTER 1 GENERAL PROVISIONS

Article 1. Basic terms and their definitions used in the present Law

The following basic terms and their definitions are used in the present Law:

A subscriber - the user of the electric communication services having concluded the contract on rendering these services and having received the subscriber's number and the unique identification code for these purposes;

allocation of a band of radio frequencies, a radio frequency channel or a radio frequency - a permit for using the band of radio frequencies, the radio frequency channel or the radio frequency, including for development (modernization), production, operation of radio electronic means and (or) high frequency devices in the Republic of Belarus, as well as for operation of radio electronic means and (or) high frequency devices imported to the territory of the Republic of Belarus with certain technical specifications;

high frequency devices - equipment or devices intended for generation and use of the radio frequency energy for any purposes, except for application in the field of electric communication;

conversion of the radio frequency spectrum - the totality of economical, organizational and technical measures directed at expanded use of the radio frequency spectrum by means of the civil radio electronic means;

electric communication lines - transmission lines, physical circuits and linear cable structures of the electric communication;

linear cable structures of the electric communication - specially established or adapted structures of electric communication for location of electric communication cables;

numbering - designations in digits, letters, symbols or their combinations, including codes intended for determination (identification) of the electric communication network and (or) its components;

electric communication objects - complexes of electric communication means and electric communication structures, used at rendering the electric communication services;

terminal subscriber's unit - a technical device of the user's electric communication services intended for connection to the electric communication line with the aim of access provision to the electric communication services;

universal service operator - an operator of electric communication entitled to render the universal services of electric communication;

electric communication operator - a legal entity or an individual undertaker rendering the services of electric communication on the basis of the special permit (license) for the activities in the field of communication;

radio frequency spectrum user - a legal entity or a physical person entitled to use a band of radio frequencies, a radio frequency channel or a radio frequency;

user of electric communication services - a legal entity or a physical person ordering or using the electric communication services;

awarding (allocation) of a radio frequency or a radio frequency channel - a permit for using the specific radio frequency or radio frequency channel along with indication of the specific radio electronic means, targets and conditions of the use;

radio interference - impact of the electromagnetic energy on reception of radio waves caused by one or several emissions and manifested itself in any quality worsening, errors or information losses, which could be avoided in absence of such impact;

radio service - organizational and technical totality of radio electronic and other technical means providing emission, transmission and (or) reception of radio waves for specific aims of electric communication;

radio frequency - frequency of electromagnetic fluctuation taken for denoting the single component of the radio frequency spectrum;

radio frequency spectrum - totality of bands of radio frequencies, radio frequency channels or radio frequencies, which can be used for functioning of radio electronic means and (or) high frequency devices;

radio electronic means - a technical appliance intended for transmission and (or) reception of radio waves, consisting of one or several radio transmitting and (or) radio receiving devices and auxiliary equipment;

distribution of radio frequency bands - definition of intention of radio frequency bands, which is fixed in the Table of radio frequencies bands distribution between radio services of the Republic of Belarus;

numbering resource - totality or a part of numbering options, which can be used by electric communication operators in the Republic of Belarus;

electric communication network - a technological system including the means of electric communication means and the electric communication line;

system and plan of numbering of the electric communication network of the common use - the rules regulating the procedure of distribution and allocation of numbers to the electric communication network of the common use ;

electric communication structures - engineering infrastructure objects, including linear and cable structures, buildings, houses, non-residential premises, specially provided or adapted for location of the electric communication means;

electric communication means - hardware and software used for forming, procession, storage, transmission or reception of electric communication messages, as well as othe hardware and software used for rendering the electric communication services or provision of electric communication networks functioning;

table of radio frequencies bands distribution between radio services of the Republic of Belarus - the official document setting up the distribution of radio frequencies bands between radio services and terms of their application, as well as the category of radio frequency bands is determined;

traffic - loading in the electric communication network provided by the total messages of electric communication transmitted along the electric communication networks;

universal electric communication services - electric communication services of the common use guaranteed by the state for all users of electric communication services on the territory of the Republic of Belarus according to the reasonable tariffs;

electric communication services - the activity of reception, procession, storage and transmission of electric communication messages;

electric communication services of the common use - electric communication services rendered to any user of the electric communication services by means of the electric communication networks of the common use;

electromagnetic compatibility - ability of radio electronic means and (or) high frequency devices of functioning with the preset quality in the surrounding electromagnetic situation without allowing the inadmissible radio interferences to other radio electronic means and (or) high frequency devices;

electric communication - a type pf communication representing any emissions, transmission and reception of symbols, signals, sound information, written text, images, sounds or another messages by the radio system, wire, optical and other electromagnetic systems.

Article 2. The field of application of the present Law

The present Law regulates relations in the field of electric communication occurring at establishment, functioning and development of electric communication networks, the use of the radio frequency spectrum and provision of electric communication services.

Article 3. Legislation in the field of electric communication

The legislation in the field of electric communication is based on the Constitution of the Republic of the republic of Belarus, and it consists of the Civil Code of the Republic of Belarus, the present Law, the acts by the President of the Republic of Belarus and other legislative acts.

If the rules have been set up in the existing international agreements of the Republic of Belarus, otherwise than is envisaged in the present Law, the rules of the international agreements are to be applied.

Article 4. Principles of activities in the field of electric communication

The activity in the field of electric communication in the Republic of Belarus is to be carried out on the basis of the following principles:

accessibility of electric communication services of the common use;

priority of rights and lawful interests of users of electric communication services;

equality of rights for obtaining the electric communication services;

secret telephone and other messages;

stability and controllability of electric communication networks;

unity of technical requirements in the field of electric communication mandatory for fulfillment.

Article 5. International communication in the field of electric communication

International cooperation in the field of electric communication is carried out in accordance with the legislation.

In the international relations in the field of electric communication the Republic of Belarus is represented in the established order by the Ministry of Communication and Information of the Republic of Belarus, acting as the Administration of electric communication of the Republic of Belarus.

CHAPTER 2 Bodies and officials carrying out the STATE REGULATION AND CONTROL IN THE FIELD OF ELECTRIC COMMUNICATION, their competence.

Article 6. Bodies carrying out the state regulation and control in the field of electric communication.

The state regulation and control in the field of electric communication is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Communication and Information of the Republic of Belarus, the local Councils of Deputies, executive, administrative and other state bodies , as well as the State Commission for radio Frequencies, the State Inspectorate of the Republic of Belarus for electric communication of the Ministry of Communication and Information of the Republic of Belarus within their competence.

Article 7. Authorities of the President of the Republic of Belarus in the field of electric communication

The President of the Republic of Belarus determines the state policy and carries out other state regulation in the field of electric communication in accordance with the Constitution of the Republic of Belarus, the present Law and other legislative acts.

Article 8. Authorities of the Council of Ministers of the Republic of Belarus in the field of electric communication

The Council of Ministers of the Republic of Belarus in the field of electric communication is to:

pursue the state policy;

modify the legislation;

develop the international cooperation;

approve the programs of development of electric communication and ensure their implementation;

approve the Table of distribution of radio frequencies bands between the radio services of the Republic of Belarus;

approve the rules and the procedure of using the radio frequency spectrum;

carry out other authorities in accordance with the present Law and other legislative acts.

Article 9. Authorities of the Ministry of Communication and Information of the Republic of Belarus in the field of electric communication.

The Ministry of Communication and Information of the Republic of Belarus in the field of electric communication is to carry out:

elaboration and implementation of programs of development of electric communication;

coordination of activities in the field of establishment and development of electric communication networks;

perspective planning of using the radio frequency spectrum with radio electronic means of the civil application;

establishment of the single order of interaction of electric communication network via the electric communication network of the common use, as well as monitoring and centralized control of the electric communication network of the common use;

determination of requirements for construction, numbering, organizational and technical provision of functioning of electric communication networks, their control, provision of electric communication networks protection from the non-sanctioned access to them and messages sent by them, the use of the radio frequency spectrum, the order of traffic passage, rendering the electric communication services;

regulation of activities of the electric communication operators;

international cooperation in the field of electric communication, including interaction with international organizations and administrations of electric communication of other states, provision of fulfillment of obligations for international agreements of the Republic of Belarus;

development and adoption of standardization legal acts;

other authorities in accordance with the present Law and other legislative acts.

Article 10. State commission for radio frequencies

The State Commission for radio frequencies is established under the Ministry of Communication and Information of the Republic of Belarus.

The State Commission for radio frequencies pursues the single state policy in the field of distribution and use of the radio frequency spectrum, provision of electromagnetic compatibility of radio electronic means and (or) high frequency devices, it develops the Table of distribution of radio frequencies bands among radio services of the Republic of Belarus, organizes the work of international and legal protection of interests of the radio frequency spectrum users, carries out other functions in accordance with the present Law and Provision on the said commission.

The Provision on the State Commission on radio frequencies and its composition are to be approved by the Council of Ministers of the Republic of Belarus.

Article 11. The State Inspectorate of the Republic of Belarus for electric communication of the Ministry of Communication and Information of the Republic of Belarus

The State Inspectorate of the Republic of Belarus for electric communication of the Ministry of Communication and Information of the Republic of Belarus is the body of the state supervision of the electric communication.

The State Inspectorate of the Republic of Belarus for electric communication of the Ministry of Communication and Information of the Republic of Belarus carries out:

provision of protection of the radio frequency spectrum and its efficient use;

appropriation (allocation) of radio frequencies or radio frequency channels;

provision of electromagnetic compatibility of radio electronic means and (or) high frequency devices;

control of observance by legal entities and physical persons of the established requirements to development, production, design, construction (installation), sales, purchase, operation and import of radio electronic means and (or) high frequency devices to the territory of the Republic of Belarus;

the radio frequency monitoring;

the state supervision of electric communication;

control of emissions of radio electronic means and (or) high frequency devices;

other authorities in accordance with the legislation.

Article 12. Authorities of local Councils of deputies, executive and administrative bodies and other state bodies in the field of electric communication

The local Councils of deputies, executive and administrative bodies and other state bodies are to carry out the state regulation and control in the field of electric communication in accordance with the legislation.

CHAPTER 3 STATE REGULATION AND CONTROL IN THE FIELD OF ELECTRIC COMMUNICATION

Article 13. State regulation in the field of electric communication

The state regulation in the field of electric communication includes:

determination of the state policy;

approval of the program of development of electric communication;

adoption (issue) of the standardization legal acts;

regulation of the use of the radio frequency spectrum;

approval of the numbering system and plan of the electric communication network of the common use;

fulfillment of the state supervision of the electric communication;

licensing, technical standardization, rate setting and evaluation of compliance with the requirements of technical standardization legal acts in the field of the technical setting of rules and standardization;

control of the electric communication network of the common use in case of the extraordinary situation, introduction of the emergency or military position;

determination of the order of rendering the electric communication services;

setting up of the tariffs for services of electric communication of the common use; other regulation.

Article 14. Regulation of tariffs for services of electric communication

Tariffs for services of electric communication are to be set up independently by the operator of electric communication, unless otherwise is envisaged in the present Law and other legislative acts.

Regulation of the tariffs for the services of electric communication of the common use is to be carried out in accordance with the legislation. The list of services of electric communication of the common use, with their tariffs subjecting to regulation is to be determined by the Council of Ministers of the Republic of Belarus.

Regulation of the tariffs for the universal services of electric communication must provide conditions for compensation of economically substantiated expenditures to operators of electric communication in connection with their rendering.

Article 15. Regulation of the use of the radio frequency spectrum

Regulation of the use of the radio frequency spectrum is the exclusive right of the state and is provided in accordance with the legislation by means of radio frequency conversion, performance of economic, organizational and technical measures directed the accelerated introduction of prospective technologies and standards, provision of the efficient use of the radio frequency spectrum for the purposes of physical and legal persons, state control, national security, defense, protection of the legal order.

Article 16. Distribution, use, change and withdrawal of the numbering resource

Distribution and the use of the numbering resource of the single electric communication network of the Republic of Belarus are to be carried out in the order to be determined by the Ministry of Communication and Information of the Republic of Belarus in accordance with the system and plan of numbering of the electric communication of the common use approved by the Council of Ministers of the Republic of Belarus.

Change, full or partial withdrawal of the numbering resource allocated to the operator of electric communication are to be carried out by the Ministry of Communication and Information of the Republic of Belarus in cases determined in the present Law and the President of the Republic of Belarus.

Information on the forthcoming change of numbering and the period of its implementation is subject to publishing in periodic printed publications.

Change of the numbering resource allocated for the electric communication operator is performed on the following basis:

during approval of a new system and numbering plan of the electric communication network of the common use;

when the allocated numbering resource is fully used;

in technically substantiated cases.

Withdrawal of the full numbering resource formerly allocated to the electric communication resource is to be carried out on the following basis:

by the application of the electric communication operator

after completion of existence of the special permit (license) for the activity in the field of communication;

when the electric communication operator violates the order of the allocated numbering resource;

if the electric communication operator has not started to use the allocated numbering resource within two years since the moment of allocation;

when the electric communication operator uses the numbering resource by violating the numbering system and plan of the electric communication network of the common use;

A part of the formerly allocated numbering resource is carried out in case if the electric communication operator does not use this part during two years since the moment of allocation or by his application.

The electric communication operator is to be notified in writing about the decision taken on changing or withdrawal of the numbering resource with substantiation of the reasons of such a decision. In case of withdrawal of the numbering resource the payment effected for the allocated numbering resource is not subject for returning.

The electric communication operator is entitled to transfer the allocated numbering resource or its part to another electric communication operator as per agreement with the Ministry of communication and information of the Republic of Belarus.

The electric communication operators, for whom the numbering resource has been allocated or changed, shall start using the allocated numbering resource within the established periods.

The amount and procedure of payment for the allocated numbering resource are to be determined in the legislation.

Article 17. State supervision of the electric communication

The state supervision of the electric communication includes supervision of:

fulfillment by the electric communication operators of demands and conditions of the special permit (license) for the activity in the field of communication;

fulfillment of the established standards for emission parameters, the rules of using the radio electronic means and (or) high frequency devices;

construction (installation) of radio electronic means and (or) high frequency devices;

the use of the radio frequency spectrum;

reasonableness of connection of radio electronic means the systems of electric communication of legal entities and physical persons to the electric communication system of the common use;

fulfillment of the requirements of technical standardization legal acts in the field of technical regulation and standardization.

The order of fulfillment of the state supervision of the electric communication is to be set up by the Council of Ministers of the Republic of Belarus.

Article 18. Control of emissions of radio electronic means and (or) high frequency devices

Control of emissions of radio electronic means and (or) high frequency devices is to be performed for the following purposes:

inspection of observance and revealing the violation of the established rules and order of using the radio frequency spectrum by the radio frequency spectrum user;

revealing and stopping the use of prohibited radio electronic means and (or) high frequency devices;

revealing the sources of radio interferences;

revealing the violations of the established standards for parameters of emission (reception) of radio electronic means and (or) high frequency devices;

provision of the electromagnetic compatibility of radio electronic means and (or) high frequency devices.

Control of emissions of radio electronic means and (or) high frequency devices is the constituent part of the state regulation of the use of the radio frequency spectrum and international legal protection of allocation of a radio frequency or a radio frequency channel.

Article 19. Technical standardization and licensing

The technical standardization in the field of electric communication is to be carried out in compliance with the legislation.

Licensing of activity in the field of communication is to be carried out in compliance with the legislation.

Article 20. Confirmation of compliance of electric communication means and services with the requirements of technical standardization legal acts in the field of the technical standardization.

Confirmation of compliance of electric communication means and services with the requirements of technical standardization legal acts in the field of the technical standardization is to be carried out in compliance with the legislation.

Article 21. Control of the electric communication of the common use in case of occurrence of extraordinary situations, introduction of the ad hoc or martial law.

Control of the electric communication of the common use in case of occurrence of extraordinary situations, introduction of the ad hoc or martial law is to be executed in accordance with the legislation by the Ministry of Communication and Information of the Republic of Belarus along with the control centers of the special purpose electric communication networks and owners (holders) of the technological networks of electric communication, which are connected to the electric communication of the common use.

State bodies are to render assistance to operators of the electric communication in liquidation of consequences of occurrence of extraordinary situations, introduction of the ad hoc or martial law

Rendering of services of the electric communication in case of occurrence of extraordinary situations, introduction of the ad hoc or martial law may be suspended or limited according to the order established by the legislation.

Article 22. Location of electric communication objects

During the town planning of development of territories and settlements and their construction composition and structure of electric communication objects must be determined, as well as capacities must be envisaged in the engineering infrastructures for provision of functioning of electric communication means.

The legal entities are to provide non-residential premises to the operators for carrying out the activities in the field of electric communication. Conclusion of these contracts is mandatory for the parties.

Electric communication operators are entitled to carry out location, construction, as well as operation of means and structures of electric communication on overhead electric supports, railway networks, posts, bridges, in collectors, tunnels (including subway tunnels, highways and railways), at other engineering objects and technological sites, special purpose areas.

Transfer or reconstruction of the lines and structures of electric communication related with construction, expansion of territories of settlements, overhaul, reconstruction of buildings and structures, roads and bridges, refurbishment of amelioration systems, development of mineral resources deposits and other needs, are to be performed as per agreement with the owners (holders) of the lines and structures of electric communication in accordance with the requirements of technical standardization legal acts.

Article 23. Registration of radio electronic means and (or) high frequency devices.

Radio electronic means and (or) high frequency devices, which are the sources of electromagnetic emission, are subject to registration in the order to be determined by the Council of Ministers of the Republic of Belarus. The list of radio electronic means and (or) high frequency devices not subject to registration is to be determined by the Ministry of Communication and Information of the Republic of Belarus

The radio electronic means used for the individual reception of TV and radio broadcast programs, signals of personal radio calls (radio pagers), electronic household articles and the personal radio navigation means, which do not contain radio emission devices, are to be used without registration, unless otherwise is envisaged in the legislation.

The use of the radio electronic means and (or) high frequency devices without registration, but subject to registration in accordance with part 1 of the present article, is not allowed.

Article 24. State registration of the structures of electric communication, of titles for them and deals with them.

The structures of electric communication which can not be shifted without detriment disproportionate to their intention, including the linear cable structures of electric communication, are related to the real estate. The state registration of these structures of electric communication, of titles for them and deals with them is to be carried out in accordance with the legislation.

Article 25. Construction, operation and service of electric communication lines in the frontier area of the Republic of Belarus

The procedure of construction, operation and service of electric communication lines at crossing the State Frontier of the Republic of Belarus and in the frontier area is to be determined by the Council of Ministers of the Republic of Belarus in accordance with the international treaties of the Republic of Belarus.

Article 26. Protection of objects of electric communication and the radio frequency spectrum

Objects of electric communication and radio the frequency spectrum are protected by the state.

In order to ensure safety of the electric communication objects in accordance with the legislation special protecting areas are organized and tree-lines are cut in forests. For protection of the radio frequency spectrum control of fairness of its use by legal entities and physical persons, and international legal protection of radio frequency awarding is provided in the Republic of Belarus.

The legal entities and the physical persons having the land plots with the linear cable structures on them shall observe the Rules of protection of lines, communication and radiofication structures in the Republic of Belarus approved by the Council of Ministers of the Republic of Belarus.

Article 27. Universal servicing reserve

With the aim of provision of the access to the universal electric communication services the universal service reserve is to be established with its funds being exclusively directed to the capital investments connected with rendering of these services.

The order of formation and usage of the funds of the universal servicing reserve, as well as the amount of mandatory deductions are to be determined by the President of the Republic of Belarus.

CHAPTER 4 Use of the radio frequency spectrum

Article 28. Right for using the radio frequency spectrum

The right for using the radio frequency spectrum is provided by allocation of a band of radio frequencies, a radio frequency channel or a radio frequency and (or) allocation of the radio frequency or the radio frequency channel.

The use of the radio frequency spectrum is not allowed without a special permit obtained as the result of allocation of a band of radio frequencies, a radio frequency channel or a radio frequency and (or) allocation of the radio frequency or the radio frequency channel (hereinafter referred to as the permit for the use of the radio frequency spectrum).

The single and (or) annual fee is to be charged to the users of the radio frequency spectrum for using this radio frequency spectrum. The amount of the fee, the order of its exemption, distribution and application are to be determined by the President of the Republic of Belarus or according to his instructions by the Council of Ministers of the Republic of Belarus.

Article 29. Distribution of the radio frequency spectrum

The radio frequency spectrum is to be distributed in accordance with the Table of distribution of radio frequency bands among radio services of the Republic of Belarus developed and approved by the Council of Ministers of the Republic of Belarus.

The Table of distribution of radio frequency bands among radio services of the Republic of Belarus is to be reconsidered not rarer than once per four years.

The radio frequency spectrum includes the following categories of radio frequency bands:

of the predominant use of the radio electronic means used for the purposes of the state control, national safety, defense, legal order protection, prevention and liquidation of emergency situations;

of the predominant use of the radio electronic means intended for the civil purposes;

of the joint use of all radio electronic means for all purposes.

Article 30. Allocation of radio frequency bands, radio frequency channels or radio frequencies and allocation of radio frequencies or radio frequency channels.

Allocation of radio frequency bands, radio frequency channels or radio frequencies within the bands of radio frequencies of the categories of joint use of radio electronic means of all intentions and the predominant use of the radio electronic means of for civil purposes for radio electronic means of all intentions is to be carried out by the State Commission of Radio Frequencies.

Allocation of bands of radio frequencies, radio frequency channels or radio frequencies within the bands of radio frequencies of the category of the predominant use of radio electronic means for the purposes of the state control, national safety, defense, protection of the legal order, prevention and liquidation of emergency situations, for radio electronic means used in electric communication networks of the special purpose, is to be carried out by the appropriate state control bodies in accordance with the legislation.

Allocation of bands of radio frequencies, radio frequency channels or radio frequencies within the bands of radio frequencies of the category of the predominant use of radio electronic means for the purposes of the state control, national safety, defense, protection of the legal order, prevention and liquidation of emergency situations, for radio electronic means for civil purposes is to be carried out by the State Commission of Radio Frequencies.

The procedure of consideration of materials and taking the decisions on allocation of radio frequency bands, radio frequency channels or radio frequencies, as well as the procedure of the expertise for electromagnetic compatibility of radio electronic means and (or) high frequency devices are to be set up by the Council of Ministers of the Republic of Belarus.

The allocated radio frequency bands, radio frequency channels or radio frequencies are not considered to be owned by the users of the radio frequency spectrum. Allocation of the radio frequency bands, the radio frequency channels or the radio frequencies is to be carried out for a certain period of time, which may be prolonged by the application of the radio frequency spectrum user.

Allocation of radio frequencies or radio frequency channels for radio electronic means of the civil purposes is to be carried out by the State Inspectorate of the Republic of Belarus for Electric Communication of the Ministry of Communication and Information of the Republic of Belarus on the basis of applications of the legal entities or individual undertakers having a special permit (license) for the activity in the field of communication, as well as on the basis of the applications of the citizens.

Allocation of radio frequencies or radio frequency channels for the radio electronic means used for the purposes of the state control, national safety, defense, protection of the legal order, prevention and liquidation of emergency situations, is to be carried out by the respective bodies of the state control.

Allocation of a radio frequency or a radio frequency channel is to be performed for a certain period, which may be prolonged according to the application of the user of the radio frequency spectrum by the bodies having carried out this allocation.

Allocation of a radio frequency or a radio frequency channel may be changed in the interests of the state control needs, national safety, defense, protection of the legal order, prevention and liquidation of emergency situations.

The procedure of consideration of materials and taking the decision on allocation of a radio frequency or a radio frequency channel is to be set up by the Council of Ministers of the Republic of Belarus.

The right for using the radio frequency bands, radio frequency channels or radio frequencies may not be assigned by one user of the radio frequency spectrum to another user without the respective decision by the body, which provided such a right.

Article 31. Refusal of allocation of radio frequency bands, radio frequency channels or radio frequencies, of allocation of radio frequencies or radio frequency channels

Refusal of allocation of radio frequency bands, radio frequency channels or radio frequencies to the users for radio electronic means of the civil intention may take place on the following grounds:

incompliance of the declared band of radio frequencies with the distribution according to the Table of distributing the radio frequency bands among the radio services of the Republic of Belarus;

incompliance of emission parameters and (or) reception of the declared radio electronic means with the requirements of the corresponding standards and rules of provision of electromagnetic compatibility of radio electronic means and (or) high frequency devices;

the negative conclusion of the expertise the electromagnetic compatibility with the existing and planned radio electronic means and (or) high frequency devices.

Refusal of allocation of radio frequency spectrum or radio frequency channels to the users for radio electronic means of the civil intention may take place on the following grounds:

incompliance of the activities in the field of electric communication with the mandatory requirements of technical standardization legal acts in the field of the technical standardization, as well as other legislation;

the missing document on assessment of appropriateness of the radio electronic means declared for the use in case, if availability of such a document is mandatory;

the negative conclusion of the expertise about electromagnetic compatibility with the existing and planned radio electronic means and (or) high frequency devices;

the negative results of performance of the international procedure of the coordinate use of the radio frequency allocation, if such a procedure is envisaged in the international treaties of the Republic of Belarus and the Regulations of radio communication of the International Union of Electric Communication.

Article 32. Suspension and cessation of the permit for using the radio frequency spectrum

The permit for using the radio frequency spectrum may be suspended or terminated by the body which granted the respective permit in case and on the grounds set up in the present article.

The permit for using the radio frequency spectrum may be suspended in case of detection of a violation by the radio frequency spectrum user of the terms set up in the respective permit, for the period required for elimination of the violation, but no more than for three months.

The permit for using the radio frequency spectrum is to be terminated or such a permit is not subject to prolongation on the following grounds:

according to an application of the radio frequency spectrum user;

cessation of the special permit (license) for the activities in the field of communication;

expiry of the period indicated in the permit for the use of the radio frequency spectrum, unless this period has been prolonged as per established order;

the use of the radio electronic device and (or) the high frequency device for the illegal purposes, which are detrimental for the interests of a personality¨, the society and the state;

failure of the radio frequency spectrum user to pay for its use within 30 days since the set up period for payment;

liquidation of the legal entity, cessation of activities of the individual undertaker;

failure to timely eliminate violations having been the reasons of suspending the permit for the use of the radio frequency spectrum.

During suspension or cessation of the permit for the use of the radio frequency spectrum the payment effected for its use will not be returned.

CHAPTER 5 ELECTRIC COMMUNICATION NETWORKS

Article 33. The single electric communication network of the Republic of Belarus

The single electric communication network of the Republic of Belarus consists of the following categories of the electric communication networks located on the territory of the Republic of Belarus:

the electric communication networks of the common use;

the allocated electric communication networks;

the technological electric communication networks;

the special purpose electric communication networks.

Article 34. The electric communication networks of the common use

The electric communication networks of the common use is intended for payable rendering the services of electric communication to any user of electric communication services on the territory of the Republic of Belarus.

The electric communication networks of the common use is a complex of interacting electric communication services, including distribution of TV and radio broadcast programs.

The electric communication networks of the common use is connected to the electric communication networks of the common use of foreign states.

Article 35. Allocated electric communication networks

The allocated electric communication networks are intended for payable rendering the services of electric communication to the limited circle of the users of the electric communication services or to groups of these users, but they are not connected to the electric communication networks of the common use

The allocated electric communication networks may interact between themselves.

The technologies and means of electric communication used for establishment of the allocated electric communication networks, as well as the principles of their construction are to be set up by their owners (holders).

If the allocated electric communication networks comply with the requirements established for the electric communication networks of the common use , they may be connected to the electric communication network of the common use along with their transfer to the category of the electric communication network of the common use.

Article 36. Technological electric communication networks

The technological electric communication networks are intended for provision of requirements of the internal activity of legal entities and individual undertakers, control of technological processes.

The technologies and the electric communication means used for establishment of the process electric communication networks, as well as the principles of their construction are to be set up by their owners (holders).

If the vacant resources of the technological network of electric communication are available, a part of this network may be connected to the electric communication network of the common use along with its transfer to the category of the electric communication network of the common use. This connection is allowed if:

a part of the technological electric communication network, intended for connection to the electric communication network of the common use, may technically or physically be separated from the technological electric communication network;

the connected part of the technological electric communication network complies with the requirements set up for the electric communication network of the common use.

Expenditures for operation of the technological electric communication network and its part connected to the technological electric communication network are to separately be accounted.

Article 37. Special purpose electric communication networks

The special purpose electric communication networks are intended for provision of needs of the state control, national security, defense, protection of the legal order, prevention and liquidation of emergency situations, and they may not be used for payable rendering of electric communication services, unless otherwise is envisaged in the legislation.

The order of interaction of the special purpose electric communication networks with the electric communication network of the common use is to be set up by the legislation.

Article 38. Connection of the electric communication networks

The owners (holders) of the electric communication networks are entitled to connect their electric communication networks to the electric communication networks of the common use, provided the terms set up in the present Law are fulfilled.

Connection of the electric communication networks to the electric communication networks of the common use, as well as interaction of the electric communication networks connected to the electric communication networks of the common use, are to be carried out via the electric communication network of the national operator of electric communication on the contractual basis.

Connection of the electric communication networks to the electric communication networks of the common use is to be carried out by the national operator of the electric communication according to the order defined by the Ministry of Communication and Information of the Republic of Belarus.

During connection to the electric communication networks of the common use on the inter urban or international level the price for traffic passage is to be set up by the electric communication operators according to the procedure defined by the legislation.

Article 39. Ownership of networks, means and objects of electric communication

The networks and means of electric communication may be located in the state and private ownership.

The list of electric communication objects, which may only be owned by the state, is to be defined by the law.

Article 40. Priority use of networks and means of electric communication

In case of occurrence of emergency situations, introduction of the ad hoc or martial law the authorized state bodies are entitled to use any networks and means of electric communication, as well as to suspend or limit the use of these networks and means, according to the procedure to be determined by the Council of Ministers of the Republic of Belarus.

The electric communication operators must provide the priority to all messages referring to safety of the life of human beings, emergency situations of the natural and technical character, as well as the messages related to fulfillment of urgent measures in the field of the state control, national safety, defense and protection of the legal order.

Article 41. Service electric communication

The service electric communication is to be used for the purposes of the operative and technical control of the electric communication networks.

The electric communication operators are to provide and use the service electric communication according to the order established by the Ministry of Communication and Information of the Republic of Belarus.

CHAPTER 6 Rights and obligations of the electric communication operators. Rights and obligations of the electric communication users.

Article 42. Rights and obligations of the electric communication operators

The electric communication operator is entitled to:

suspend rendering the services of electric communication to the users of the electric communication services in case of violation by them of the requirements set up in the present Law, the Rules of rendering the electric communication services or the contract of rendering the electric communication services;

unilaterally cancel the contract of rendering the electric communication services in case of failure to eliminate during one month the violations being the reason for suspending the electric communication services;

receive compensation of the hazard due to the fault of the users of the electric communication services.

The electric communication operator may have other authorities in accordance with the legislation.

The electric communication operator shall:

ensure the high quality of the electric communication services rendered to the users in accordance with the mandatory requirements of the technical standardization legal acts in the field of the technical standardization;

keep the telephone and other messages in secret;

provide the timely information to the users of the electric communication services on the terms and the order of rendering the electric communication services;

build the electric communication networks with the account of requirements of ensuring their stable and safe functioning;

bear expenditures for operation, control and monitoring of electric communication networks belonging to him according to the right of ownership or another lawful basis, as well as for organization of their interaction with the electric communication network of the common use;

fulfill the requirements of the organizational technical interaction with other electric communication operators, passage and traffic routing set up by the Ministry of Communication and Information of the Republic of Belarus;

provide the statistical reporting according to the order set up in the legislation;

provide the required information by the applications of the Ministry of Communication and Information of the Republic of Belarus according to the procedure envisaged in the legislation.

The electric communication operators of all categories of the electric communication networks shall create the control systems for their networks satisfying the single order of interaction and monitoring.

Article 43. Duties of the electric communication operators at performance of the operative investigating activity.

The electric communication operators at interaction with the bodies performing the operative investigating activity shall:

provide information about the users of the electric communication and on the rendered electric communication services in the cases and according to the order set up in the legislating acts, as well as another information required for fulfillment of the tasks imposed for these bodies;

in the cases and according to the order set up in the legislating acts render assistance in performance of operative and investigating measures and provide opportunities for their performance at the electric communication networks, take measures for protection of the data on organizational and tactical methods of performance of the said measures;

in the cases and according to the order set up in the legislating acts provide the access to the data bases, the automated systems of the electric communication operators;

provide fulfillment of the mandatory requirements of the technical standardization legal acts in the field of the technical standardization, as well as other requirements set up in the legislation for the networks and electric communication means, at performance of the operative and investigating measures.

Article 44. Peculiarities of the activities of the national operator of electric communication

The national operator of electric communication is the operator having the duties of the mandatory rendering of the universal electric communication services on the whole territory of the Republic of Belarus according to the instructions of the Ministry of Communication and Information of the Republic of Belarus, and who will have the exclusive right for passage of the international traffic and connection to the electric communication networks of the foreign states.

The national electric communication operator shall connect other electric communication operators to the electric communication networks of the common use of the Republic of Belarus, as well as interaction between the electric communication networks.

Article 45. The operator of the universal servicing

The right of rendering the universal services of electric communication is to be provided for the electric communication operators on the basis of the concourse performed in the order to be determined by the Council of Ministers of the Republic of Belarus.

The operator of the electric communication rendering the universal services of electric communication is the operator of the universal servicing.

The number of operators of the universal servicing existing on the territory of the Republic of Belarus, except for the national operator of the electric communication is to be determined proceeding from necessity of provision of the universal electric communication services for all potential users of the rendered services.

Article 46. Rights and obligations of the users of electric communication services

The legal entities and the physical persons have the equal rights for using the electric communication services on the territory of the Republic of Belarus.

The users of the electric communication services are entitled:

to have the access to the information on tariffs, types of electric communication services, the dates of their rendering, the operation mode of the operators' work, as well as to another information required for using the electric communication services;

to have the access to the electric communication networks services of the common use;

to be connected to the terminal point of the electric communication network of the common use of its terminal subscriber device (terminal) on the terms and in the order determined by the Ministry of Communication and information of the Republic of Belarus;

to get the timely and qualitative electric communication services by the electric communication operators;

to get compensation of the loss, the moral hazard in accordance with the legislation;

to apply to the court in case of violation of their rights;

other rights envisaged in the legislation.

The users of electric communication services shall:

use the terminal subscriber's unit having the document on evaluation of compliance in case, when availability of this document is mandatory;

timely perform payment for the rendered services of electric communication;

not undertake actions directed for deterioration of the work quality or damage of the electric communication networks;

bear other obligations in accordance with the legislation.

Article 47. Incentives and advantages at using the electric communication services

For individual categories of the persons using the electric communication services the incentives and advantages may be set up in the legislation in the sequence of rendering the electric communication services, the order and the amount of their payment.

Losses of incomes connected with provision of incentives in accordance with the legislation at rendering the electric communication services, are to be compensated to electric communication operators at the expense of the funds of the respective budget.

CHAPTER 7 PROCEDURE OF RENDERING THE ELECTRIC COMMUNICATION SERVICES

Article 48. Rendering the electric communication services

Services of electric communication are to be rendered by the electric communication operators on the basis of the contract on rendering the electric communication services and in accordance with the present Law and the Rules of rendering the electric communication services, approved by the Council of Ministers of the Republic of Belarus.

The rules of rendering the electric communication services are to set up the procedure of conclusion and fulfillment of the contract on rendering the electric communication services, as well as the procedure and grounds for suspension and cancellation of this contract, rights and obligations of the parties, forms and the procedure of settlements for the rendered electric communication services, responsibility of the parties and other contractual terms on rendering the electric communication services.

Article 49. Time of accounting and reporting

During performance of the activities in the field of electric communication the electric communication operators apply the Belarusian time of accounting and reporting in ther technological processes.

During performance of the international activity in the field of the electric communication the time of accounting and reporting is to be determined in the international treaties of the Republic of Belarus.

Informing the users of the electric communication services about the time of rendering the electric communication services is to be carried out by the electric communication operator along with indication of the single time of accounting and reporting.

Article 50. The use of languages and alphabets at rendering the electric communication services

The electric communication services are to be rendered on the territory of the Republic of Belarus in Belarusian or Russian.

The addresses of the dispatcher and the recipient of telegrams sent within the Republic of Belarus must be executed in Belarusian and Russian.

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

International messages sent along the electric communication networks are to be processed in the languages determined in the international treaties of the Republic of Belarus.

Article 51. Calling the emergency services

The electric communication operators shall provide opportunity for the user of the electric communication services of the round-the-clock free-of-charge calling the urgent services (divisions of the extraordinary situations, militia, first medical aid, gas emergency service, etc.).

Expenditures of the electric communication operators for connection of the electric communication networks which provide calling of the quick acting services are to be compensated on the basis of the contract concluded by the electric communication operators with the bodies and organizations having established the respective quick acting services.

Article 52. Universal electric communication services

Rendering of the universal electric communication services is guaranteed in the Republic of Belarus.

He list of the universal electric communication services, the order and periods of their provision are to be determined by the Council of Ministers of the Republic of Belarus.

Article 53. Rendering of electric communication services for the state purposes

Rendering of electric communication services for the state purposes and their payment are to be carried out in accordance with the legislation.

Article 54. Secret telephone and other messages

The secret of telephone and other messages transferred along the electric communication networks is guaranteed on the territory of the Republic of Belarus.

Limitation of the right for the secret of telephone and other messages transferred along the electric communication networks is allowed only in cases envisaged in the legislative acts.

The electric communication operators shall ensure the secret of telephone and other messages.

Employees of the electric communication operators, other persons, for whom the secret telephone and other messages have been disclosed, shall take measures of preventing their divulging.

The electric communication operator may provide the information about the facts of rendering the electric communication services only to the subscribers or their representatives, as well as in other cases envisaged in the legislative acts.

Article 55. Settlements for electric communication services

Payment for the services of electric communication is to be performed by means of cash and non-cash settlements by means of contributing the prepayment or directly after rendering the services.

The procedure and the form of payment for electric communication services are to be determined in the contract on rendering the electric communication services, unless otherwise is set up in the legislation.

The grounds for determining the cost of the rendered electric communication services are the readings of the electric communication means, as well as the terms of the contract on rendering the electric communication services concluded with the user of the services.

Article 56. The data bases of the electric communication operator about subscribers

The electric communication operator is to establish the data bases on subscribers and the electric communication services for them.

The data bases of the electric communication operator about subscribers contain the following information: surname, name, patronymic of the subscriber - the physical person, the full description of the subscribing organization, address of the subscriber or the address of setting the terminal subscriber's unit, subscriber's numbers, the data allowing to determine (identify) the subscriber or his terminal device.

The electric communication operators are entitled to use the established data bases on the subscribers for fulfillment of the reference and information servicing, including for preparation and distribution of reference and informational editions by various methods (printed, on magnet carriers, etc). During preparation of the reference and informational editions the following information may be used: surname, name, patronymic of the subscriber - the physical person, the full description of the subscribing organization, the address of installation of the terminal subscriber's unit and the subscriber's number.

If a written application of the subscriber is available, the information about it should not be used for the reference and informational servicing, and it must be excluded from the reference and informational editions.

The legislation can establish peculiarities of inclusion of certain categories of subscribers to the reference and informational servicing and exclusions from them.

The electric communication operator is the owner of the data bases containing the information on the subscribers, and he is to determine the terms of usage and the procedure of access to the said information. The rights of the electric communication operator - the owner of the data bases - are to be protected in accordance with the order established in the legislation.

Article 57. Submission and consideration of claims

In case of non-fulfillment or improper fulfillment of the obligations proceeding from the contract of rendering the electric communication services the user of the electric communication services is entitled to apply to the electric communication operator with the claim.

Claims are to be submitted within the following periods:

within three months since the date of rendering the electric communication service or refusal from its rendering - for the issues related with the refusal in rendering the electric communication services, untimely or improper rendering the electric communication services, or by means of non-fulfillment or improper fulfillment of works (rendering of the services) in the field of electric communication;

within a month since the date of telegram sending - for the issues related with non-delivery, delayed delivery of the telegram or misrepresentation of the telegram text changing its sense.

The claim is to be complemented with the documents required for its consideration by the essence, wherein the information must be given about fulfillment or improper fulfillment of the obligations, the fact and amount of the caused loss (in case if a claim was submitted for compensation of the loss).

The electric communication operator shall consider the submitted claim and notify the claimant in writing about the results of its consideration within 30 calendar days since the date of provision of the claim.

For the claims requiring the special check or application for extra materials the period of consideration may be prolonged, but not longer than for two months.

The user of the electric communication services is entitled to appeal against the decision taken as per claim, to the court in accordance with the procedure set up in the legislation.

CHAPTER 8 FINANCING OF ACTIVITIES IN THE FIELD OF ELECTRIC COMMUNICATION. RESPONSIBILITY FOR LEGISLATION VIOLATION IN THE FIELD OF ELECTRIC COMMUNICATION

Article 58. Financing of the activity of the operators' activity

Financing of the activity of the electric communication operators' activity is to be effected from:

the incomes received from rendering the electric communication services by the operators of electric communication and other activity not prohibited in the legislation;

the investments and other sources not prohibited in the legislation.

Article 59. State support of electric communication operators

The state support of electric communication operators is to be carried out both as a complex of measures providing the effective development of their activity in the order determined in the legislating acts.

Article 60. The investing activity in the field of electric communication

Investments to development of electric communication are to be carried out in accordance with the legislation on the investing activity. The investing activity of the state in the field of electric communication is to be carried out in accordance with the programs of electric communication development.

Article 61. Responsibility for violation of the legislation in the field of electric communication

The persons violating the legislation in the field of electric communication are to be attracted to responsibility in accordance with the legislation.

CHAPTER 9 FINAL PROVISIONS

Article 62. Enforcement of the present Law

The present Law is to be enforced in ten days after its official publication.

For bringing the legislation in compliance with the present Law the standardization legal acts of the Republic of Belarus are to be applied as far as they do not contradict to the present Law, unless otherwise is set up in the Constitution of the Republic of Belarus.

Article 63. Bringing the legislation of the Republic of Belarus in compliance with the present Law

Within a year since the enforcement of the present Law the Council of Ministers of the Republic of Belarus is to:

prepare and enter proposals as per established order to the Chamber of representatives of the National Assembly of the Republic of Belarus for bringing the legislation of the Republic of Belarus in compliance with the present Law;

bring the decisions of the Government of the Republic of Belarus in compliance with the present Law;

ensure reconsideration and cancellation by the republican bodies of the state control, subordinate to the Council of Ministers of the Republic of Belarus, of their standardization legal acts contradicting to the present Law;

take other measures required for fulfillment of provisions of the present Law.

President of the Republic of Belarus A.Lukashenko

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