RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 9, 2005 No. 720

About approval of Rules of provision and receipt of telecommunication services

List of amending documents

According to article 33 of the Law of Ukraine "About telecommunications" and for the purpose of determination of single procedure for provision and receipt of the telecommunication services Cabinet of Ministers of Ukraine decides:

1. Approve Rules of provision and receipt of telecommunication services which are attached.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. Authorize the Ministry of Transport and Communications to make explanations concerning application of Rules of provision and receipt of telecommunication services.

 

Approved by the resolution of the Cabinet of Ministers of Ukraine of August 9, 2005 No. 720

Rules of provision and receipt of telecommunication services

 

General provisions

1. These rules according to the Law of Ukraine "About telecommunications" and other regulatory legal acts determine procedure for provision and receipt of telecommunication services, govern the relations between operators, providers of telecommunications and consumers of telecommunication services.

2. Action of these Rules extends to the relations of operators, providers of telecommunications which according to the legislation provide telecommunication services in telecommunication networks public, legal entities and physical persons - consumers of telecommunication services.

3. In these Rules terms are used in the following value:

the subscriber - the consumer of telecommunication services who receives telecommunication services on terms of the contract to which connection to telecommunication network of final equipment which is in its property or use is supposed;

subscriber number - number which is assigned to the subscriber by the operator of telecommunications based on the agreement on provision of telecommunication services for identification in telecommunication network of the final equipment connected to this network;

subscriber line of telephone communication - the line of telephone network which connects final equipment to telephone exchange;

subscriber input - part of subscriber line from final linearly - the cable-handling gear in the house (room) or from distribution box to point of connection of final equipment;

license fee - fixed payment which the operator of telecommunications for the subscriber for access on permanent basis to the telecommunication network irrespective of the fact of receipt of services can establish;

abonent payment system of services of local telephone communication without hourly accounting of telephone conversations - payment system of services which includes license fee and fixed amount of payments of the subscriber, for use of telecommunication network for receipt of telecommunication services irrespective of amount of actually received services for certain period of time;

abonent payment system of services of local telephone communication with hourly accounting of telephone conversations - payment system of services which includes license fee and payment amount of the subscriber which depend on duration of use of telecommunication network for receipt of telecommunication services for certain period of time;

accident in telephone network - damage of cable or the station equipment by reservoir of 100 and more lines which leads to loss of communication 100 or the bigger number of subscribers;

besprovodovy access to telecommunication network (besprovodovy access) - telecommunication with use of radio technologies during which final equipment at least of one of consumers can freely move with preserving unique identification number in borders of Items of the termination of telecommunication network which are connected to one switching center;

direct connection between consumers - direct link between two Items of the termination of telecommunication network which is performed with use of the allocated pair of metal veins of cable or pair of metal veins of cable with use of systems of transfer, or optical fibers in fiber-optical cable;

the cost of subscriber number - market price of part of switching equipment of date of creation of one subscriber number;

shutdown of final equipment - detachment of the final equipment or subscriber input from telecommunication network;

departmental telecommunication network - telecommunication network which is created for satisfaction of own requirements with the companies, organizations, organizations;

data - information in the form suitable for the automated processing by its computer aids;

additional broadcasting point of provodovy broadcasting (additional radio receiving station) - radio receiving station on which sound broadcasting moves from the main radio receiving station without limiter;

public (universal) telecommunication uslugidostupny to all consumers in all territory of Ukraine the minimum set of the services of the normalized quality determined by the Law of Ukraine "About telecommunications";

the closed software package - set of programs, access to which is limited by means of coding;

connection - establishment of communication between final equipment for exchange of information between consumers;

malicious challenges - the repeated or mass telephone connections which cannot be stopped through anonymity of the consumer who performs challenge and which do moral and/or material harm to the subscriber;

the action area of telephone exchange (substation) - the territory in which provision of telecommunication services is provided to consumers to whom telephone number of this station (substation) is assigned;

The Internet - the world information system of general access which is logically connected by global address space and is based on the Internet protocol determined by international standards;

information system of general access - set of telecommunication networks and means for accumulating, processing, preserving and data transmission;

cable input - part of subscriber line of telephone communication which is placed on the site from introduction well of the cable sewerage or introduction support of aerial communication line to final cable-handling gears in the house (room);

final equipment - the equipment intended for connection with Item of the termination of telecommunication network for the purpose of ensuring access to telecommunication services (the telephone and fax machine, the computer, the modem, television receiver, etc.);

final equipment of data - equipment which can be used as the individual device and as departmental telecommunication network;

coding - whether use of the coding devices and / the software for restriction of open entry of subscribers to viewing of certain TV programs so that acceptance of signal became impossible without decoder;

network of subscriber telegraphy - telecommunication network which provides connection between the final equipment with use of the switched cable communication;

data transmission network - the telecommunication network intended for transfer and acceptance of data;

network of TV and radio broadcasting - the telecommunication network intended for ensuring transfer of teleradio programs on air;

the network identifier of the consumer - individual set of figures and/or symbols appropriated to the final equipment and/or the consumer in the Internet;

network of provodovy broadcasting - the telecommunication network intended for ensuring transfer of programs of sound broadcasting;

long distance telephone communication - telephone communication between the consumers located in different zones of numbering in borders of Ukraine;

long-distance telephone network - set of equipment and channels by means of which connection of the consumers located in different zones of numbering is provided;

residence - the apartment house, the apartment, the room where over 6 months in year the physical person in which passport document on it the corresponding data are entered lives;

local telephone network - the telephone network of one or several operators limited to the territory of one city, area which provides the switched access to other telecommunication networks;

local telephone communication - telephone communication between the consumers located in borders of one city, area;

provision of telecommunication services in creditpredostavleniye of services which is performed with transferring of final calculation for certain term;

unit of tariffing of telecommunication service - unit of measure of telecommunication service which is rated depending on technical capabilities of telecommunication equipment;

the operator of telecommunications - subject of managing which has the right to carrying out activities in the field of telecommunications, including to maintenance and operation of telecommunication networks;

the main broadcasting point of provodovy broadcasting (the main radio receiving station) - radio receiving station on which sound broadcasting moves via the limiter;

the software package of broadcasting - the list of TV programs, access to which is provided to subscribers as a unit;

service in Internet access - work possibility in the Internet of final equipment (the separate computer or the structure of local network);

services in television networks for requirements of television and radioveshchaniyaobespecheny opportunities of acceptance by the consumer of teleradio programs with use of television network;

the termination of provision of services - the termination of provision of telecommunication services is temporary, before elimination of the reasons which led to this termination, or in connection with shutdown of final equipment, including in case of gap or cancellation of the agreement on provision of telecommunication services;

provider of telecommunications - subject of managing which has the right to carrying out activities in the field of telecommunications, except maintenance and operation of telecommunication networks and provision in use of channels of telecommunication;

Item of the termination of telecommunication network - the place of joint (connection) of network of telecommunications and final equipment or subscriber input;

Item of collective use - the room where means (means) of communication for receipt of telecommunication services are placed by significant amount of consumers (the automated public telephone booth, post office, Internet Item, the payphone, etc.);

broadcasting point of provodovy broadcasting (radio receiving station) the device to which connect loudspeaker for acceptance of radio programs;

broadcasting node of provodovy broadcasting (broadcasting center) complex of station and linear equipment by means of which strengthening and transfer of programs of sound broadcasting is performed;

distribution network of provodovy broadcasting (broadcasting network) - complex of linear constructions (the main and distribution feeder lines, subscriber lines, house distribution network) which provide distribution of programs of broadcasting;

roaming - ensuring provision of telecommunication service with preserving initial registration of the consumer in telecommunication network of one operator in case of change of the location by it in this network or in case of use of telecommunication services in borders of telecommunication network of other operator;

partner roamings - operators who signed among themselves the agreement on roaming;

mobile (mobile) communication - telecommunication using radio technologies during which final equipment at least of one of consumers can freely move in borders of all Items of the termination of telecommunication network, keeping single unique identification number of the mobile station;

system of collective acceptance of teleradio programs - equipment complex for ensuring acceptance of teleradio programs from ether and their distribution in the apartment house to final equipment of the consumer which is not used for provision of telecommunication services;

reducing the list of provision of services - restriction of the list of telecommunication services which are provided to the consumer by the operator, provider;

spam - the electronic messages which are not ordered previously by consumers which or are mass, or in which authentic data on the complete name are not provided, own postal or e-mail address of the customer or sender of these messages, or further receipt of which the consumer cannot stop by informing on it the customer or the sender;

the coupled scheme of inclusion of final equipment - method of inclusion of final equipment of two subscribers with two different subscriber numbers in single subscriber line of telephone communication in case of which connection is possible only serially for any of them;

the consumer of telecommunication services (consumer) legal entity or physical person which orders and/or receives telecommunication services for own requirements;

telecommunications (telecommunication) - transfer, radiation and/or acceptance of signs, signals, the written text, images and sounds or messages of any sort on radio, provodovy, optical or other electromagnetic systems;

telecommunication card - means which gives to the consumer the chance of access to in advance determined list and/or amount of telecommunication services of the relevant operator, provider and can be applied as means of payment to payment of telecommunication services;

telecommunication network - complex of technical means of the telecommunications and constructions intended for routing, switching, transfer and/or acceptance of signs, signals, the written text, images and sounds or messages of any sort on radio, provodovy, optical or other electromagnetic systems between final equipment;

telecommunication network of access - part of telecommunication network between Item of its termination and the next node (center) of switching inclusive;

telecommunication network of general polzovaniyatelekommunikatsionny network, access to which is open for all consumers;

telecommunication service (service) - the product of activities of the operator and/or provider of telecommunications directed to requirements satisfaction of consumers in the field of telecommunications;

the television network - telecommunication network public which is appointed for transfer of programs of radio and television, and also telecommunication and multimedia services and can be integrated with other telecommunication networks public;

telephone network - the telecommunication network intended mainly for provision of services of telephone communication;

telephone communication - telecommunication type for transfer of voice messages in real time with use of number resource of telephone network;

the provided telephone connection room - the apartment house, the apartment, the room where the connected final equipment according to the agreement on provision of telecommunication services is established;

members of the family of the subscriber - persons who are registered also live together with the subscriber in one premises;

fixed telephony - telecommunications which are performed on use of stationary (immovable) final equipment.

Section I Procedure for Provision and Receipt of Telecommunication Services

4. Telecommunication services share on:

1) public (universal);

2) other telecommunication services.

On provision signs telecommunication services are divided into the main and additional which are inseparably linked technologically with provision of certain main telecommunication services. The list of additional services is determined by technical capabilities of equipment of operators, providers of telecommunications (further - operators, providers).

5. Provision of telecommunication services in the territory of Ukraine is exclusive right of legal entities with the location in the territory of Ukraine who are registered according to the legislation of Ukraine, and/or physical persons - subjects of business activity with the permanent residence in the territory of Ukraine.

6. Operators, providers provide telecommunication services to consumers according to the Laws of Ukraine "About telecommunications" (further - the Law), "About consumer protection", other acts of the legislation, these Rules and regulating documents in the field of telecommunications.

7. Operators, providers independently determine the list of telecommunication services which are provided to consumers, except imposing cases on operators by the decision of the National commission on questions of regulation of communication (further - the Commission) according to the Law of obligation concerning development and provision of public (universal) telecommunication services.

8. The consumer in limits of technical capabilities has the right to elect operator, provider and type of telecommunication services which are provided by them.

9. The working hours of customer services are determined by operator, provider taking into account consumer interests.

10. Provision of telecommunication services is performed under condition:

1) the conclusions of the agreement on provision of telecommunication services (further - the agreement) between operator, provider and the consumer according to the main requirements established by the Commission;

2) and/or payments of the telecommunication service ordered by the consumer.

11. Rates for telecommunication services are established by operators, providers independently, except rates which according to the law are subject to state regulation.

Rates for public (universal) services and for provision in use of channels of telecommunication of operators which hold the exclusive (dominating) market position of these services are subject to state regulation by limiting establishment or flat fares.

Rates for telecommunication services can be established in the form of system of rates (tariff plans) for separate services or set of services (except public (universal) services). In borders of different tariff plans depending on the list and amounts of services different rates for identical services, at the same time rates can be established (except fixed) can be changed to public (universal) services only in borders of the established regulations.

If the operator, provider establishes payment for telecommunication services in hourly rate, in settlings with consumers only complete tariff units of time are considered.

The privileges established by the laws on payment of telecommunication services are provided to consumers according to the legislation.

12. Operators, providers have no right to refuse in further provision of public (universal) services to disabled people of I and II groups of all categories which current debt for the received services does not exceed three minimum pensions on age.

13. Additional telecommunication services are provided for additional fare if another is not provided by the agreement. The list of additional services is established by operator, provider.

14. The procedure for return to the consumer of unused part of means in case of refusal from prepaid telecommunication services is determined by the agreement and these Rules.

15. In places with the insufficient level of saturation of telecommunication networks public technical means of the statement on provision of public (universal) telecommunication services satisfy according to the procedure also the sequences provided by the Law.

16. Reducing the list or the termination of provision of telecommunication services to consumers is performed by operator, provider in case of violation by the consumer of these Rules, and also in other cases provided by the agreement and the legislation.

In case of the termination of activities for provision of telecommunication services the operator, provider shall warn about it consumers not later than three months.

In case of cancellation or recognition of the invalid license, withdrawal of number and/or radio-frequency resource owing to violation of the law the operator, provider shall compensate to the subscriber of costs, the provisions of telecommunication services connected with the termination, in the procedure established by the law.

In the conditions of emergency situations, emergency and warlike situation operators, providers can set stipulated by the legislation temporary restrictions concerning provision of telecommunication services before mitigation of consequences of emergency situations and cancellation of the mode of emergency and warlike situation.

19. In the field of provision of telecommunication services in Ukraine Ukrainian, languages of other nationalities according to the legislation is used. Addresses of the sender and the receiver of telegrams which are sent in borders of Ukraine are specified on forms in Ukrainian or in Russian, and texts of telegrams can be written on any language with use of letters of Cyrillics or the Latin alphabet. The international messages which are transferred through telecommunication network public are processed with use of the languages provided by international treaties of Ukraine.

20. During activities in the field of telecommunications single accounting and reporting time - Kiev is applied.

In the international telecommunications accounting and reporting time is determined according to international treaties of Ukraine.

21. The mystery of telephone conversations, electronic messages, cable or other correspondence and data which are transferred by technical means of telecommunications is protected according to the law.

Removal of information from telecommunication networks is forbidden, except the cases provided by the law.

The operator, provider does not bear responsibility for the content of information which is transferred (takes place) the consumer.

22. The operator, provider shall provide and bear responsibility for safety of the information about the consumer received during the conclusion of the agreement the provided telecommunication services, including about their obtaining, duration, content, transfer routes, etc.

The consumer has the right to free withdrawal fully or partially of the information about him from electronic versions of the database of directory services.

23. Each case of damage by the consumer of telecommunication equipment and lines which are on balance of the operator is drawn up by the act which is signed by the representative of operator and person because of whom there was damage (on condition of its identification). If person because of whom there was damage refuses signing, the act is signed by two representatives of operator of telecommunications. All costs for damage elimination, and also compensation of other losses (including benefit omissions) in the procedure established by the legislation are assigned to person because of whom there was damage.

24. The employees of operator, provider called by the subscriber for survey and repair of subscriber input, telephone sets and other final equipment, and also accomplishment of other works shall show the certificate with photograph certified by seal of the operator, provider.

25. The procedure for use of counters of accounting of duration of provision of telecommunication services which are established on final equipment of the subscriber is determined by the central executive body in industry of transport and communication. Matters of argument between operators, providers and subscribers concerning discrepancy of indicators of duration of services are solved by the Commission.

26. Persons guilty of violation of the law about telecommunications, bear responsibility according to the legislation.

Rights and obligations of the operator, provider

27. The operator, provider has the right:

establish rates for telecommunication services which are provided to them, except services, rates for which are regulated by the state;

reduce the list or stop provision of telecommunication services according to these Rules;

stop activities for provision of telecommunication services according to the Law and according to the procedure, established by the central executive body in industry of transport and communication;

not connect to telecommunication network final equipment in case of lack of documents on confirmation of its compliance to requirements of regulating documents in the field of telecommunications;

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