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

of April 28, 2009 No. 1491

About Limiting approval of rates for public telecommunication services

According to articles 18 and 66 of the Law of Ukraine "About telecommunications" the National commission on questions of regulation of communication of Ukraine SOLVED:

1. Approve Limiting rates for public telecommunication services which are applied.

2. The decision of the National commission on questions of regulation of communication of Ukraine of 12.09.2008 N 1110 "About Limiting approval of rates for public telecommunication services", registered in the Ministry of Justice of Ukraine 18.09.2008 for N 872/15563, to declare invalid.

3. To submit to economic management and Legal management in the procedure established by the legislation this decision on state registration to the Ministry of Justice of Ukraine.

4. The decision becomes effective from the date of its official publication.

Approved by the Decision of the National commission on questions of regulation of communication of Ukraine of April 28, 2009 No. 1491

Limiting rates for public telecommunication services

Section I. General provisions

1. These Limiting rates are applied by operators of telecommunications which provide telecommunication services and are located in the territory of Ukraine.

2. Limiting rates are expected excluding tax value added (VAT) which is levied according to the Law of Ukraine "About the value added tax".

3. Operators of telecommunications have the right to lower the Extreme level of rates no more than by 40 percent, but not below operating expenses.

4. In Limiting rates the cost of forms, counters and the chip cards which are used by provision of telecommunication services are considered.

5. The rates established for state-financed enterprises, organizations, the organizations are applied based on the certificate of financial bodies of complete financing of the companies, organizations, organizations at the expense of budgetary funds. Publishing houses according to the Law of Ukraine "About publishing" and the Ukrainian national news agency of Ukraine (Ukrinform) in the part concerning accomplishment of the state order use these rates.

The state and utility teleradio organizations, editions of the state and utility periodicals and periodicals based by associations of citizens, the state research establishments, educational institutions, labor and journalistic collectives telecommunications agencies which extend them use services of telephone communication in the rates established for state-financed organizations, based on documents or certified of the procedure for their copies confirming the actual implementation of the related activity established by the legislation.

6. Privileges on payment of telecommunication services of the fixed local telephone communication are provided according to the legislation.

Compensation to operators of telecommunications of the half-received amounts of the income is performed according to the legislation.

7. In case of shutdown of evening and parallel phones according to the statement of the owner of the main phone the payment for the period shutdowns and the return inclusion is not levied.

8. In non-residential premises, the property right to which physical persons have, telephones are installed in accordance with general practice using rates, as for legal entities.

9. In rooms which are leased (sublease) telephones are installed in accordance with general practice for the period of validity of lease (sublease).

10. The Pokilometrovy payment is paid in addition to license fee for use of phone as for each complete or incomplete kilometer of the actual length of subscriber line from the subscriber to settlement border if telephone is installed abroad the settlement and is connected to automatic telephone exchange of this settlement. For the line created by the consolidation equipment, the pokilometrovy payment is not levied.

11. Subscribers (physical persons) of the cities and regional centers pay for services depending on the electee in the written application of option of amount of consumption of local telephone conversations. Change of the chosen option is performed by the subscriber to the 20th preceding month from which transition to new option of amount of consumption of local telephone conversations is provided and the amount of new license fee established from the 1st of the next settlement period and is effective before written refusal of the subscriber.

Section II. Limiting rates for services of local telephone communication

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