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THE RESOLUTION OF THE NATIONAL COMMISSION OF UKRAINE PERFORMING STATE REGULATION IN SPHERES OF ELECTRONIC COMMUNICATIONS, THE RADIO-FREQUENCY RANGE AND PROVISION OF SERVICES OF THE MAIL SERVICE

of February 11, 2026 No. 60

About approval of the Procedure for carrying out tender or auction on receipt of licenses to use radio-frequency range

According to part four of article 59 of the Law of Ukraine "About electronic communications" and the subitem "d" of Item of 1 part four of article 4 of the Law of Ukraine "About the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service", the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service

DECIDES:

1. Approve the Procedure for carrying out tender or auction on receipt of licenses to use by radio-frequency range which is applied.

2. Declare invalid the resolution of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service, of December 14, 2022 No. 250 "About approval of the Procedure for carrying out tender or auction on receipt of licenses to use radio-frequency range", registered in the Ministry of Justice of Ukraine on February 14, 2023 at No. 277/39333.

3. To submit to department of radio-frequency range in the procedure established by the legislation this resolution on state registration to the Ministry of Justice of Ukraine.

4. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of the National commission of Ukraine which performs state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service of February 11, 2026 No. 60

Procedure for carrying out tender or auction on receipt of licenses to use radio-frequency range

I. General provisions

1. This Procedure determines procedures of preparation and the organization by the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service of tender or auction (further - Tender) on receipt of licenses to use radio-frequency range.

If the declared need for radio-frequency range exceeds its actual availability, the radio-frequency range is provided in use only using the procedure of tender according to the Law of Ukraine "About electronic communications" (further - the Law).

2. The purpose of carrying out Tender is provision in use of strip of radio-frequency range (further - the Range) on the competitive, transparent beginnings and providing for all subjects of managing of equal conditions of receipt of licenses for:

1) assistance to covering services of electronic communications of certain territories;

2) providing the quality requirements of electronic communication services established by the legislation;

3) assistance to effective use of radio-frequency range, including taking into account the conditions connected with rights to use by radio-frequency range and the amount of rent payment for use of the corresponding strips of radio-frequency range;

4) assistance to innovations and business development in the corresponding markets.

3. The Tender subject (further - lot) is the right to the license to use the Range in certain regions for certain term.

Conditions of use of the Range which is exposed on Tender are determined by the Tender conditions approved by the solution of NKEK.

The sequence of consideration of lots is determined in the conditions of Tender. For the purpose of reduction of time for carrying out and simplifications of procedures of Tenders for the solution of NKEK it is allowed to carry out and draw up at the same time one protocol of the procedure of several Tenders.

4. Competition is held based on the solution of NKEK which will organize and provides its carrying out. Format of carrying out Tender: internal, remote and method of holding the auction: the biddings "by ear", the electronic biddings are determined in the conditions of Tender.

5. In this Procedure terms are used in the following values:

provision auction method in use of the Range by which the winner determines the participant meeting qualification requirements to the participants specified in the tender documentation and the offered highest size of means for the corresponding lot by results of the biddings.

the electronic biddings methods of holding the auction in format remote online by means of electronic system when participants, according to rules of work of the corresponding system, offer the size of means for lot in national currency of Ukraine taking into account step of increase in the price offer at the biddings;

the guarantee fee (further - the Guarantee) - money contribution which constitutes 10 percent of Ukraine established by the Cabinet of Ministers of the cost of payment for the corresponding strip of radio frequencies on which the decision on carrying out Tender is made;

the applicant subject of managing who reported about intention to take part in Tender on receipt of the license to use radio-frequency range and provided set of documents for participation in it;

tender method of provision in use of the Range by which the winner determines the participant meeting qualification requirements to the participants specified in the tender documentation and which offer is in the first place in the list of assessment (ranging) of offers according to the criteria declared to NKEK;

envelope - any opaque packaging (post envelope, the box, box, packet etc.) capable to provide visual unavailability of information which is available in it before its disclosure according to this Procedure;

The competitive documents documents developed by NKEK during preparation and carrying out Tender (Tender Conditions), protocols of the Tender committee (further - the Commission), voting bulletins, and also Competitive offers;

The competitive offer documents, provided by the applicant on participation in Tender;

step of increase in the price offer at the biddings differences between following and previous price offers which are provided by bidders;

starting price of the biddings - the top price for lot offered in price proposals of the bidders provided in Competitive offers and with which the bidding for receipt of lot begins;

the applicant for participation in Tender (further - the applicant) - the applicant who the decision of the Commission is recognized as the applicant;

the biddings "by ear" - holding the auction method when participants by voice in turn, according to the registration numbers determined in certificates of registration offer the size of means for lot in national currency of Ukraine taking into account step of increase in the offer at the biddings;

Conditions the Tender-exhaustive list of requirements for the subject of managing for participation in Tender;

the participant of applicant Tender who paid the Guarantee according to this Procedure and the decision of the Commission allowed to participation in Tender;

the participant of the participating biddings of auction which is allowed by the decision of the Commission to participation in the biddings.

6. NKEK can include in Tender Conditions information about:

strips of radio frequencies (or the range of radio frequencies and quantity of range in each lot);

radio technology or several radio technologies;

minimum amount of payment for lot;

the minimum step of increase in the price offer in percentage value from starting price of the biddings in case of holding the auction;

regions and quantity of lots in the region exposed on Tender;

license effective period;

Conditions of licenses to use radio-frequency range on each lot;

other features specific Konkurs, including obligations which will be assigned to the winner Konkurs and also restrictions on accumulating of strips of radio frequencies, discrepancy to which is the basis for refusal in licensing, quantity of range in lot instead of certain strip of radio frequencies in order to avoid fragmentation of radio-frequency range by results of Konkurs, the list and the requirements to document creation necessary for participation in Konkurs, organizational requirements.

7. Tender includes the following stages:

organization of Tender;

carrying out Tender;

Tender completion.

8. The applicant can refuse according to the written application further participation in Tender before start date of carrying out Tender without loss of the Guarantee.

II. Tender committee

1. NKEK for performing procedures of Tender and determination of the winner the decision forms the Commission and determines its members.

The structure of the Commission is created of the Chairman, members of NKEK and certain representatives of the device NKEK.

2. Commission chairman is the Chairman of NKEK. In case of absence of the Chairman of NKEK fulfillment of duties of the commission chairman is assigned to the representative to perform functions and powers of the Chairman of NKEK.

3. Commission session is competent if participate in it at least 2/3 from its structure.

4. Decisions of the Commission are made by open voting in writing by a majority vote of the members of the commission who participated in meeting. Vote is taken with use of bulletins. Each member of the commission has only one voice - Pro or CONTRA. In case of equal distribution of positive votes and CONTRA the voice of the commission chairman is decisive.

5. All decisions of the Commission are drawn up by protocols which are signed by the chairman and all members of the commission who participated in meeting. When signing protocols the chairman and members of the commission have the right in writing to state the separate opinion.

III. Organization of Tender

1. If the declared need for radio-frequency range exceeds its actual availability NKEK makes the decision on provision of licenses to use radio-frequency range using procedures of Tender. The decision of NKEK is made using the mechanism of consultations according to the law and shall be promulgated on electronic regulatory platform. In case of impossibility of use of electronic regulatory platform the solution of NKEK is posted on the NKEK official website.

The solution of NKEK on provision of licenses to use shall determine and prove by radio-frequency range using the procedure of Tender, in particular:

1) the decision making purposes according to the Law;

2) choice of the procedure of selection (Tender), including conditions of participation in such procedure;

3) results of assessment of competitive, technical and economic situation in the corresponding market (markets) of electronic communications;

4) conditions of licenses which shall be applied to the rights to use by radio-frequency range acquired by results of Tender;

5) the list of the reasons which approach is the basis for cancellation of carrying out Tender.

2. During preparation of Tender NKEK approves structure of the Commission, condition and format of carrying out Tender, holding the auction method, start date of Tender, appoints the persons responsible for acceptance and document storage represented by subjects of managing for participation in Tender (further - responsible persons), will organize information support of carrying out Tender.

3. NKEK not later than 60 calendar days about day of carrying out Tender will promulgate the announcement of carrying out Tender which contains information about on the NKEK official website:

1) requirements for provision of the statement of participation in Tender and Tender documentation;

2) conditions for participation in Tender, and also requirements to Competitive offers;

3) criteria which are determined in Item 1 of Chapter 2 of the Section IV of this Procedure, for assessment of Competitive proposals of participants;

4) qualification requirements to participants;

5) the amount of payment for licensing on the terms of Tender (in case of carrying out Tender);

6) the initial (minimum) amount of payment for licensing on the terms of auction (in case of holding the auction);

7) amount of the guarantee fee;

8) conditions of licenses which shall be applied to the rights to use by radio-frequency range acquired by results of Tender.

4. The head of the subject of managing or person authorized by it personally not later than 30 calendar days about day of carrying out Tender submits to NKEK the application for intention to take part in Tender on receipt of the license to use radio-frequency range in the form established with appendix to this Procedure (further - the statement for intention to take part in Tender).

5. The competitive offer consists from:

the certified signature of the head or person authorized by him or certified of other procedure for the statement established by the legislation from the decision (order) of governing body of the subject of managing on participation in Tender;

the head certified by the signature or the person authorized by him or assured of other procedure for the statement established by the legislation from the decision (order) of governing body of the subject of managing on appointment of person, the representative to participate in Tender and other person, the representative to participate in Tender in case of impossibility of participation in Tender of the first nominated person;

the price offer signed by the head or person authorized by it;

in separate sealed envelope - for submission of documents in paper form;

in the separate file protected by the password - for submission of documents electronically;

statements for licensing for use of radio-frequency range and the plan of development (involvement) of radio-frequency range which forms are given in appendices 2, 3 to the Procedure for maintaining the register of licenses to use radio-frequency range approved by the resolution of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service, of July 06, 2022 No. 96, registered in the Ministry of Justice of Ukraine on August 05, 2022 at No. 890/38226;

copies of the constituent documents (for legal entities) certified according to requirements of the legislation;

the documents confirming financial provision of capability of introduction of payment for radio-frequency range in accordance with the terms of Tender:

the copies of the financial reporting certified in accordance with the established procedure (balance (the report on financial condition) and the report on financial results (comprehensive income statement)) the subject of managing for the previous accounting financial year (in the presence) or statements from bank accounts of the subject of managing created not earlier than before one month before date of submission of the Competitive offer;

letters signed by the head of the subject of the managing confirming financial opportunities of introduction of payment for licensing on the terms of Tender;

on the applicant there is right to add other documents confirming its financial provision to capability to use the declared radio-frequency range;

information (letter) of the central executive body realizing the state tax policy about absence of debt on rent payment for use of radio-frequency range (radio-frequency resource) - for subject of managing which on the date of submission of the competitive offer has licenses to use radio-frequency range and/or assignment of radio frequencies.

6. The competitive offer for participation in Tender consists of the documents determined in Item 5 of this Section and in addition shall contain:

the description of organizational technical capabilities of the participant confirming it compliance to qualification requirements, and other documents provided by Tender Conditions;

the plan of accomplishment of conditions of licenses which shall be applied to the rights to use by radio-frequency range acquired by results of Tender is obligatory for the participant.

The documents specified in paragraphs second and third this Item move:

in separate sealed envelope - for submission of documents in paper form;

in the separate files protected by the password - for submission of documents electronically.

7. Responsible persons during this Section of term determined by item 4 adopt and register statements for intention to take part in Tender and Competitive proposals of applicants. After registration by responsible persons the certificate of registration in which registration number and registration date of the Competitive offer are specified is provided to the applicant. The basis for refusal in registration and consideration of Competitive offers by the Commission is non-compliance with NKEK of terms and procedure for their representation established in the announcement.

8. The subject of managing which needs explanations of rather Competitive documents can make the written request to the commission chairman, but not later than 10 calendar days before the termination of term of submission of Competitive offers. The corresponding explanations according to Competitive documents within 7 working days are drawn up by the letter signed by the chairman of the Tender Committee.

9. The commission within five working days from end date of acceptance of Competitive offers considers Competitive offers and statements for intention provided by applicants to take part in Tender, the copy of decisions (orders) of governing bodies of subjects of managing on participation in Tender, the copy of decisions (orders) of governing bodies of subjects of managing on appointment of persons, representatives to participate in Tender. The procedure of consideration of these documents is determined by the commission chairman.

10. The register of applicants for participation in Tender affirms on commission session with execution of the protocol on results of acceptance of Competitive offers and recognition of applicants by applicants for participation in Tender on receipt of the license to use radio-frequency range.

11. During the vote concerning each applicant about recognition by his applicant members of the commission fill voting bulletins. In case when the member of the commission votes against recognition of the applicant by the applicant, he notes the corresponding bases in the bulletin.

12. The applicant is not recognized the applicant for participation in Tender for receipt of the license to use radio-frequency range if:

the list of documents does not correspond to the list determined by Item 5 of this Section;

documents are signed by person, not authorized to act on behalf of the subject of managing;

the envelope provided by the applicant is damaged at the time of its acceptance (in case of submission of documents in paper form) or is not provided by the applicant (or it is provided not valid) the password to files (in case of submission of documents electronically) about what it is specified responsible persons in the certificate of registration which is provided to the applicant.

13. Within five working days from approval date of the register of applicants the Commission directs to each subject of managing by the registered mail with the assurance of receipt or means of electronic system of carrying out Tender the notification on recognition of the subject of managing by the applicant for participation in Tender to receipt of the license to use radio-frequency range or refusal in recognition by his applicant for participation in Tender on receipt of the license to use radio-frequency range. In the notification on recognition of the applicant by the applicant the account is specified payment of the Guarantee. In the message on refusal in recognition of the applicant by the applicant the bases of adoption of such decision are specified.

14. The guarantee shall be paid not later than 3 working days before start date of Tender from the account (accounts) specified in the statement for intention to take part in Tender.

IV. Carrying out Tender

1. General provisions

1. The beginning of Tender is the date specified in the announcement of NKEK.

2. Tender begins with determination among applicants of participants of Tender.

3. The register of participants affirms on commission session with execution of the minutes of the commission of NKEK on recognition of applicants by participants of Tender for receipt of the license to use radio-frequency range. During the vote on each applicant about recognition by his participant the chairman and members of the commission fill voting bulletins. In case when the chairman and the member of the commission votes against recognition of the applicant by the participant, he notes in the bulletin the basis for refusal, stipulated in Item 4 these Chapters.

4. The basis for refusal in recognition of the applicant by the participant Konkursa is not receipt of the Guarantee in NKEK according to Item 14 of the Section III of this Procedure.

5. The Commission sends to applicants who are not recognized as Konkurs's members within three working days from decision date the notification on refusal in recognition of the applicant by the participant Konkursa for receipt of the license to use radio-frequency range.

6. After approval of the register of participants, Competitive proposals of participants are considered on commission session. The fact of consideration of documents and the list of the documents provided for consideration are fixed in the protocol.

If during the time determined for commission session all documents of participants are not considered, the meeting is transferred to the next working day.

7. Upon the demand of the participant Konkurs to it it is issued the minutes abstract about consideration of its Competitive offer (goes).

8. The chairman and members of the commission consider the provided documents and determine compliance of Competitive offers, to Tender Conditions.

9. The participant acts from Tender and cannot participate further in Tender in case:

discrepancies of the provided list of documents with the Competitive offer to Tender Conditions;

failure to meet requirements on execution of the provided documents;

identification of the facts of provision by the subject of managing of the data untrue;

the smaller price offer for lot, than it is determined by Tender Conditions.

10. In case of decision making about refusal to the participant in further participation in the Tender Commission within three working days from the date of the introduction in force directs it the registered mail with the assurance of receipt of the notification on refusal to the participant in further participation in Tender to receipt of the license to use radio-frequency range.

2. Carrying out tender

1. When carrying out tender assessment of proposals of participants of tender is carried out. Criteria for assessment of offers in tender shall include:

preserving or improvement of level of the competition in the market;

terms and the territory of provision of electronic communication services with use of the corresponding radio frequencies;

other criteria specified in the tender documentation.

2. The winner of tender the participant is recognized:

1) which conforms to qualification requirements to the participants specified in the tender documentation;

2) the proposal of whom is in the first place in the list of assessment (ranging) of offers according to the criteria declared to NKEK.

3. During vote on each participant of tender the chairman and members of the commission fill voting bulletins. In case when the chairman and/or the member of the commission votes for removal of the participant from tender, he notes in the bulletin of the basis of removal.

4. In case of disposal of the winner from among participants of tender by the winner there is participant whose proposal takes the following place in the list provided by the subitem 2 of Item 2 of this Chapter.

Makes the decision on recognition of the participant by the winner of the tender Commission at the meeting which is drawn up by the relevant protocol.

5. If two and more participants gained the identical number of points for lot, the Commission within 5 working days from the date of execution of the protocol on consideration of Competitive offers suggests these participants of tender to provide additional offers on receipt of the corresponding lot.

Additional price proposals of participants of tender are accepted within five working days from the date of receipt of the written offer of the Commission by the participant of tender. If for consideration of additional competitive offers it is necessary to change end date of tender, the Commission makes the decision on transfer of this date.

The additional price offer signed by the head or person authorized by it is provided:

in separate sealed envelope - for submission of documents in paper form;

in the separate file protected by the password - for submission of documents electronically.

6. The responsible person provides to the participant the certificate of registration in which registration number and registration date of the additional price offer are specified.

3. Holding the auction

1. For holding the auction the Secretary of the Commission announces the list of the documents provided by participants. The fact of consideration of documents and their list are fixed in the protocol.

After consideration of documents, the Commission estimates Competitive proposals of participants.

Criterion for offer assessment at auction is the size of means offered by his participant for the corresponding lot.

The commission at meeting determines bidders. The chairman and the member of the commission determines the decisions by each participant by filling of voting bulletin. In case when the chairman and/or the member of the commission is determined not to admit the participant of auction to trading, in the bulletin he shall specify the corresponding bases. The Commission draws up the decision on determination of bidders the protocol.

2. The commission determines date of auction.

3. For tendering the minimum step of increase in the price offer is determined by Tender Conditions in percentage value and there cannot be less than 1 percent from original price of the biddings.

4. The winner of auction the participant who offered at the biddings the highest size of means for lot of rather starting price of the biddings is recognized. Radio-frequency range the Commission draws up the decision on determination of the winning bidder in auction on receipt of the license to use the protocol.

V. Tender completion

1. Results of Tender appear in the room of NKEK and are published on electronic regulatory platform as the list of results of participants. In case of impossibility of use of electronic regulatory platform results of Tender are posted on the NKEK official website.

2. The protocol on recognition of the participant by the winner of the corresponding Tender is the basis for decision making of NKEK about licensing for use of radio-frequency range.

3. In the presence of only one participant Konkurs if he fulfilled all requirements of this Procedure and Konkurs's Conditions, according to the decision of the Commission he is recognized the winner Konkursa by results of consideration of the Competitive offer.

4. In case of absence of applicants or if any participant is not recognized as the winner, the Commission draws up the relevant protocol then NKEK can make the decision on the announcement of new Tender on this lot or on removal of lot from Tender and/or on licensing for use corresponding to the Range in the procedure established by the Law.

5. The end of Tender is date of registration by the Commission of results of Tender (the decision of the Commission on lot exposed on Tender).

6. The decision of the Commission on results of Tender not later than in 5 working days from the date of its carrying out is drawn up by the minutes of the Commission and will be promulgated on electronic regulatory platform. In case of impossibility of use of electronic regulatory platform the decision is posted on the NKEK official website.

7. The license to use is drawn up by radio-frequency range in certain regions to the winner Konkursa in terms and according to the procedure, determined by the legislation.

8. The notification on results of Tender by radio-frequency range goes for receipt of the license to use (is issued) to the applicant in writing and through electronic office within three working days from the date of its registration.

9. The guarantee fee brought by the participant Konkursa returns to all participants, except for winners, within 14 calendar days from the date of decision making about licensing for use of radio-frequency range to the chosen subject or about Konkurs's recognition cancelled, and also in case of its cancellation. The guarantee fee of the winner is set off on account of its payment for receipt of the license to use by radio-frequency range.

10. The guarantee does not return if:

1) the participant withdrew offers on participation in Tender after term for their representation;

2) the participant of auction did not declare the size of means which he shall offer for receipt of the license on the terms of auction;

3) the participant chosen by results of Tender refused receipt of the license (licenses) and/or in NKEK confirmation from the Public treasurer service of Ukraine about introduction of payment for its issue by it did not arrive.

11. If the winner Konkursa refused to pay or did not pay the price offered them for lot, within 30 calendar days from the date of the direction to it of the notification on the made decision by results of Konkurs:

in case of holding the auction of NKEK makes the decision on cancellation of results of Tender on this lot and on prolongation of Tender on this lot among other participants of this Tender;

in case of carrying out Tender NKEK makes the decision on recognition by the winner of the participant which offer takes the following place in the list of assessment (ranging) of offers according to the declared criteria.

Prolongation of auction for the corresponding lot among other participants of Tender happens using the procedure provided by Items 2 and 4 of Chapter 3 of the Section IV of this Procedure.

If there was only one participant of auction for this lot, the Commission determines the winner according to Item 3 of this Section.

12. The decision of the Commission, including about determination of the winner Konkurs, can be appealed judicially.

VI. Tender cancellation

1. NKEK can cancel Tender during the term established for submission of the offers specified in the announcement if such opportunity was provided by the notification, namely:

1) any of participants does not conform to qualification requirements to the participants specified in the tender documentation;

2) any subject did not take part in Tender during the term specified in the tender documentation. In case of carrying out Tender according to several licenses only Tender on receipt of the license to use is cancelled by strip of radio frequencies for which there is no participant.

2. Information on cancellation of carrying out Tender with indication of the reasons of its cancellation will be promulgated on electronic regulatory platform. In case of impossibility of use of electronic regulatory platform information is posted on the NKEK official website.

Appendix

to the Procedure for carrying out tender or auction on receipt of licenses to use radio-frequency range (item 4 of the Section III)

The statement for intention to take part in receipt of the license to use radio-frequency range

See Appendix 

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