ORDER OF THE MINISTRY OF DIGITAL DEVELOPMENT, COMMUNICATION AND MASS COMMUNICATIONS OF THE RUSSIAN FEDERATION AND
THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON SUPERVISION IN THE FIELD OF COMMUNICATION, INFORMATION TECHNOLOGIES AND MASS COMMUNICATIONS

of October 31, 2018 No. 160

About approval of Administrative regulations of implementation by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state control (supervision) of accomplishment of rules of accession of networks of telecommunication to communication network public, including accession conditions

According to Item 2 of Rules of development and approval of the administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 36, Art. 5623; No. 46, the Art. 7050), subitem 5.1.1.2.7 of Item 5 of the Regulations on Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications approved by the order of the Government of the Russian Federation of March 16, 2009 No. 228 (The Russian Federation Code, 2009, No. 12, Art. 1431; 2010, No. 13, Art. 1502; No. 26, Art. 3350; 2011, No. 3, Art. 542; No. 6, Art. 888; No. 14, Art. 1935; No. 21, Art. 2965; No. 40, Art. 5548; 2011, No. 44, Art. 6272; 2012, No. 20, Art. 2540; No. 39, Art. 5270; No. 44, Art. 6043; 2013, No. 45, Art. 5822; 2014, No. 47, Art. 6554; 2015, No. 2, Art. 491; No. 22, Art. 3225; No. 49, Art. 6988; 2016, No. 2, Art. 325; 2016, No. 23, Art. 3330; No. 24, Art. 3544; No. 28, Art. 4741; 2017, No. 28, Art. 4144; No. 41, Art. 5980; 2018, No. 6, Art. 893; to No. 40, of the Art. 6142), I order:

1. Approve Administrative regulations of implementation by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state control (supervision) of accomplishment of rules of accession of networks of telecommunication to communication network public, including accession conditions.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

Approved by the Order of the Federal Service of the Russian Federation on supervision in the field of communication, information technologies and mass communications of October 31, 2018, No. 160

Administrative regulations of implementation by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications of the state control (supervision) of accomplishment of rules of accession of networks of telecommunication to communication network public, including accession conditions

I. General provisions

Name of function

1. Function on implementation of the state control (supervision) of accomplishment of rules of accession of networks of telecommunication to communication network public, including accession conditions (further - the state control).

The name of the body exercising the state control (supervision)

2. The state control is exercised by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications and its territorial authorities.

The regulatory legal acts regulating implementation of the state control (supervision)

3. The list of the regulatory legal acts regulating implementation of the state control (with indication of their details and sources of official publication), is placed on the Internet (further - the Internet) on the official site of Roskomnadzor of http://www.rkn.gov.ru (further - the official site of Roskomnadzor), in the federal state information system "Federal Register of the State and Municipal Services (Functions)" and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal).

Subject of the state control (supervision)

4. Subject of the state control is observance by legal entities and individual entrepreneurs (further - the checked faces, the checked face) mandatory requirements to accession of the networks of telecommunication to communication network public, including to conditions of accession established by Items 8 - 26(3), 28 - 32, 34 - 43 Rules of accession of networks of telecommunication and their interaction approved by the order of the Government of the Russian Federation of March 28, 2005 No. 161 <1> (further - Rules of accession of networks of telecommunication), accomplishment by the checked faces of instructions about elimination of the revealed violations, earlier issued by Roskomnadzor and territorial authorities of Roskomnadzor according to part 1 of article 17 of the Federal Law of December 26, 2008 to No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" <2> (further - the Federal Law No. 294-FZ).

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<1> Russian Federation Code, 2005, No. 14, Art. 1243; No. 27, Art. 2768; 2006, No. 2, Art. 195; 2007, No. 43, Art. 5194; 2008, No. 8, Art. 749; No. 42, Art. 4832; 2013, No. 48, Art. 6263; 2015, No. 16, Art. 2371; No. 33, Art. 4850; 2016, No. 23, Art. 3330; 2018, No. 40, Art. 6142.

<2> Russian Federation Code, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140; No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6441; 2010, No. 17, Art. 1988; No. 18, Art. 2142; No. 31, Art. 4160, Art. 4193, Art. 4196; No. 32, Art. 4298; 2011, No. 1, Art. 20; No. 17, Art. 2310; No. 23, Art. 3263; No. 27, Art. 3880; No. 30, Art. 4590; No. 48, Art. 6728; 2012, No. 19, Art. 2281; No. 26, Art. 3446; No. 31, Art. 4320, Art. 4322; No. 47, Art. 6402; 2013, No. 9, Art. 874; No. 27, Art. 3477; No. 30, Art. 4041; No. 44, Art. 5633; No. 48, Art. 6165; No. 49, Art. 6338; No. 52, Art. 6961, Art. 6979, Art. 6981; 2014, No. 11, Art. 1092, Art. 1098; No. 26, Art. 3366; No. 30, Art. 4220, Art. 4235, Art. 4243, Art. 4256; No. 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 53, Art. 64, Art. 72, Art. 85; No. 14, Art. 2022; No. 18, Art. 2614; No. 27, Art. 3950; No. 29, Art. 4339, Art. 4362, Art. 4372, Art. 4389; No. 45, Art. 6207; No. 48, Art. 6707; 2016, No. 11, Art. 1495; No. 18, Art. 2503; No. 27, Art. 4160, Art. 4164, Art. 4187, Art. 4210, Art. 4287; No. 50, Art. 6975; 2017, No. 9, Art. 1276; No. 18, Art. 2673; No. 31, Art. 4742; No. 45, Art. 6582; No. 49, Art. 7304; 2018, No. 17, Art. 2430; No. 18, Art. 2564; No. 32, Art. 5109, Art. 5114, Art. 5116; No. 53, Art. 8406, Art. 8437; 2019, No. 12, Art. 1231.

The rights and obligations of officials when implementing the state control (supervision)

5. Officials of Roskomnadzor, territorial authorities of Roskomnadzor when implementing the state control have the right:

a) involve in conducting exit check of the checked faces of experts and the expert organizations which are not consisting in civil and employment relationships with the checked faces and not being affiliates of the checked faces;

b) check observance of mandatory requirements to accession of the networks of telecommunication to communication network public, including to conditions of accession established by Items 8 - 26(3), 28 - 32, 34 - 43 Rules of accession of networks of telecommunication, and also the documents relating to check subject;

c) visit and inspect freely the territory and (or) buildings, structures, constructions, rooms of the checked faces (except for dwellings of the checked faces) in case of presentation of official IDs and the copy of the order on conducting check;

d) receive according to the motivated requirement in the time established by the legislation of the Russian Federation from the checked faces documents, explanations in written or oral form, information necessary for implementation of the state control;

e) give to the checked faces instructions, obligatory for execution, on elimination of the revealed violations when implementing the state control;

e) constitute protocols on administrative violations in case of detection of the facts of making of administrative offense.

6. Officials of Roskomnadzor, territorial authorities of Roskomnadzor when implementing the state control shall:

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