DECISION OF THE NATIONAL COMMISSION ON QUESTIONS OF REGULATION OF COMMUNICATION OF UKRAINE

of September 6, 2007 No. 911

About approval of the Procedure for carrying out tenders or tenders for receipt of licenses to use radio-frequency resource of Ukraine

According to article 30 of the Law of Ukraine "About radio-frequency resource of Ukraine" the National commission on questions of regulation of communication of Ukraine SOLVED:

1. Approve the Procedure for carrying out tenders or tenders for receipt of licenses to use by radio-frequency resource of Ukraine which is applied.

2. Declare invalid the decision of the National commission on questions of regulation of communication of Ukraine of 24.11.2005 N131 "About Approval of the Regulations on Carrying Out Tenders or Tenders for Receipt of Licences to Use Radio-frequency Resource of Ukraine" registered in the Ministry of Justice of Ukraine 22.12.2005 for N1550/11830.

3. In accordance with the established procedure to provide to management of registration and licensing submission of this decision on state registration in the Ministry of Justice of Ukraine.

4. I reserve control over the implementation of this decision.

 

Approved by the Decision of the National commission on questions of regulation of communication of Ukraine of September 6, 2007, No. 911

Procedure for carrying out tenders or tenders for receipt of licenses to use radio-frequency resource of Ukraine

I. General provisions

1.1. This Procedure is developed according to the Law of Ukraine "About radio-frequency resource of Ukraine" (further - the Law) and other regulatory legal acts which regulate use of radio-frequency resource of Ukraine.

1.2. This regulatory legal act determines procedure for preparation and carrying out tenders or tenders (further - Tenders) on receipt of licenses to use radio-frequency resource of Ukraine (further - RChR) if the declared need for RChR exceeds its actual availability.

1.3. The purpose of carrying out Tenders is provision in use of strips (nominals) of radio frequencies (further - Strips) on the competitive, transparent principles and providing for all subjects of managing of equal conditions of receipt of licenses.

1.4. The Tender subject (lot) is the right to the license to use the Strip in certain regions. Conditions of use of Strips which are exposed on Tender are determined by Tender conditions.

On each lot Competition it is held separately. For the purpose of reduction of time for carrying out and simplification of procedures of Tenders for the decision of the National commission on questions of regulation of communication of Ukraine (дальшеНКРЗ) it is allowed to carry out and draw up at the same time one document of the procedure of several Tenders.

1.5. Competition is held based on the solution of NKRZ which will organize and provides its carrying out.

Makes the decision on carrying out Tender NKRZ depending on market attractiveness of Strips which are planned for licensing, features of the appropriate radio technology and saturation of the market by services which are planned to be provided with use of these Strips of radio frequencies.

If carrying out Tender became impossible under circumstances which do not depend on NKRZ, NKRZ can make the decision on cancellation of Tender or transferring of its terms.

1.6. The provided terms are used in this Procedure in such value:

the applicant - the subject of managing who provided the message on intention and set of documents for participation in Tender;

tender - competitive method of provision in use of the Strip by which the winner determines the participant who satisfied all conditions of tender and offered the highest price for the corresponding Strip in the competitive offer;

competitive (tender) guarantee (further - the Competitive guarantee) money contribution in the amount of 10 percent from initial cost of the Strip which is brought by the applicant as instrument for ensuring of conscientiousness of observance of the obligations by it for carrying out Tender;

The competitive offer - documents which are provided by the applicant on participation in Tender;

Competitive documents - documents which are developed by NKRZ during preparation and carrying out Tender (the Tender condition, the work plan on carrying out Tender), protocols of the Tender committee (dalshekomissiya), voting bulletins, and also Competitive offers;

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

starting price of the biddings "by ear" - the price with which the bidding for receipt of subject of the biddings (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 tender - competitive method of provision in use of the Strip by which the winner determines the participant who satisfied all conditions of the tender and offered the highest price for the corresponding Strip by results of the biddings "by ear";

the biddings "by ear" - tendering method when participants by voice in turn offer the price for lot;

Konkurs's conditions (further - Conditions) - the exhaustive list of requirements for the subject of managing in case of which accomplishment he is recognized the participant Konkursa. Conditions contain the Strip, the region of use, radio technology, minimal cost of lot, special conditions of use of certain Strip, requirements to the list and document creation which are provided by the subject of managing for participation in Konkurs, effective period of licenses, other features specific Konkurs;

the participant Konkursa is the applicant who paid the Competitive guarantee according to this Procedure and the decision of the Commission it is allowed to participation in Konkurs;

the bidder "by ear" - the participant of the tender which the decision of the Commission allows to participation in the biddings "by ear".

1.7. NKRZ can include such requirements in Conditions:

concerning quantity of lots in the region and regions for which the applicant can apply and to be the declared winner Konkursa;

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

concerning orientation on ensuring effective use of radio-frequency resource.

1.8. Tender includes such stages: Tender preparation, carrying out Tender and completion of Tender.

1.9. The applicant can refuse according to the written application the subsequent participation in Tender before start date of carrying out Tender without loss of the Competitive guarantee.

1.10. Expenses on preparation and carrying out Tender are born by NKRZ.

II. Tender committee

2.1. NKRZ for performing procedures of Tender and determination of the winner creates the Commission, determines its number and structure.

2.2. The structure of the Commission is created of members and representatives of the device NKRZ. At least than six members of NKRZ shall be part of the Commission.

2.3. Commission chairman is the Chairman of NKRZ. In the absence of the Chairman of NKRZ accomplishment of obligations of the commission chairman is assigned to the acting as the Chairman of NKRZ.

2.4. Commission session is competent if take part in it at least than 2/3 from its structure.

2.5. Decisions of the Commission are made by open voting in writing by a majority vote of members of the commission who participated in meeting. Vote is taken with use of bulletins. Each member of the commission has one voice. Vote is performed only Pro or CONTRA. In case of the equal number of votes of Pros and cons the commission chairman's voice at meeting is decisive.

2.6. All decisions of the Commission are drawn up by protocols which are signed by all members of the commission participating in meeting. During signing of protocols members of the commission have the right in writing to state the separate opinion.

The decision of the Commission becomes effective from the moment of execution of the relevant protocol.

III. Tender preparation

3.1. During preparation of Tender NKRZ approves structure of the Commission, the Condition, start date of Tender, appoints persons responsible for acceptance and document storage who move subjects of managing for participation in Tender (further - Responsible persons), will organize information and material logistics of carrying out Tender.

3.2. NKRZ not later than in 60 calendar days prior to day of carrying out Tender publishes on the NKRZ website and in the statement NKRZ of the announcement of adoption of messages from subjects of managing on intention to take part in Tender and Competitive offers (in the announcement terms of the beginning and completion of adoption of documents are specified).

3.3. The head of the subject of managing or person authorized by it personally in the time specified in the announcement submits to NKRZ the message on intention to take part in Tender in the established form (appendix 1) and other documents of the Competitive offer.

3.4. The competitive offer consists from:

certified in the procedure for the copy of the decision (order) for governing body of the subject of managing on participation in Tender established by the legislation;

certified in the procedure for the copy of the decision (order) for governing body of the subject of managing on appointment of person, representative established by the legislation to take part in Tender;

the envelope sealed by seal of the subject of managing and signed by the head. The subject of managing shall enclose the price offer in separate sealed envelope in this envelope and the documents provided by the requirements of article 32 of the Law, Licensed conditions of use of radio-frequency resource of Ukraine approved by the solution of NKRZ of 19.08.2005 of N 53, registered in the Ministry of Justice of Ukraine 20.10.2005 for N1237/11517 (Licensed conditions are farther), and also Conditions of specific Tender.

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