THE DECISION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF COMMUNICATION AND INFORMATIZATION OF UKRAINE

of November 1, 2012 No. 559

About approval of the Procedure for provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means and the radiating devices and recognition by NKRS which voided some decisions

According to Article part two 14, Article part one 29, Articles 41, "About radio-frequency resource of Ukraine" the National commission performing state regulation in the field of communication and informatization SOLVED 42 Laws of Ukraine:

1. Approve the Procedure for provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means and the radiating devices which is applied.

2. Recognize invalid decisions of the National commission on questions of regulation of communication of Ukraine of 12.08.2005 No. 46 "About approval of the Regulations on provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means", registered in the Ministry of Justice of Ukraine 31.08.2005 for No. 963/11243, and of 13.01.2011 No. 8 "About approval of Changes to Regulations on provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means", registered in the Ministry of Justice of Ukraine 07.02.2011 for No. 157/18895.

3. To submit to department of regulation and licensing and Legal support department this decision in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

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

Approved by the Decision of the National commission performing state regulation in the field of communication and informatization of Ukraine of November 1, 2012 No. 559

Procedure for provision of the conclusions of rather electromagnetic compatibility and permissions to operate of radio-electronic means and the radiating devices

I. General provisions

1.1. This Procedure determines:

the procedure of provision of the conclusions of rather electromagnetic compatibility of radio-electronic means (further - RES) and the radiating devices (further - IU);

procedure of provision, prolongation of action, renewal, cancellation of permissions to operate RES (IU);

the procedure of the notice on change of the data specified in documents which were enclosed to the application for issue of the permission to operate RES (IU);

the paragraph the fifth is excluded according to the Decision of the National commission performing state regulation in the field of communication and informatization of Ukraine of 28.05.2019 No. 254.

1.2. This Procedure extends on all legal entities and physical person (including nonresidents), the physical persons entrepreneurs planning to perform activities for operation or operating RES (IU) in strips of radio frequencies public.

1.3. The conclusion of rather electromagnetic compatibility of RES (IU) of stationary arrangement (further - the conclusion relatively EMS) is provided by the State company "Ukrainian State Center of Radio Frequencies" (further - UGTsR) by results of calculations of electromagnetic compatibility of the declared RES (IU), and if necessary - the corresponding approvals and the international coordination of the declared frequencies and characteristics of radiation (further - the international coordination).

1.4. The decision relatively EMS according to this Procedure is received:

1.4.1. The legal entities and physical persons entrepreneurs having the license to use radio-frequency resource of Ukraine - for provision of telecommunication services with use of radio-frequency resource of Ukraine (further - RChR).

1.4.2. Legal entities and physical persons entrepreneurs who intend to perform distribution of teleradio programs:

on RES of analog on-air television or sound broadcasting:

the teleradio organization which is owner (owner) or the lessee of RES of broadcasting and has the license for broadcasting (or permission to temporary broadcasting) National council of Ukraine concerning television and broadcasting or the subject of managing who is owner (owner) or the lessee of RES of broadcasting and plans its operation based on the contract with the teleradio organization for distribution by it of TV schedules or broadcasting according to the current license for broadcasting (or permission to temporary broadcasting) National council of Ukraine concerning television and broadcasting;

on RES of broadcasting of radio multichannel television network (including digital land television or sound broadcasting) - the operator of telecommunications (the operator of multichannel television network) who is owner (owner) or the lessee of RES of broadcasting and obtained the license of provider of program service of National council of Ukraine concerning television and broadcasting or specified in representation of National council of Ukraine concerning television and broadcasting as the user of radio-frequency resource of Ukraine for the multichannel television networks providing use of radio-frequency resource of Ukraine.

1.4.3. Legal entities or physical persons - technological users who intend to use RChR of Ukraine without provision of telecommunication services.

1.5. The conclusion relatively EMS is not provided for those RES of stationary arrangement which technical characteristics and service conditions correspond given in appendix 1 to this Procedure.

Tests of networks of radio communication which use radio technology which is determined as perspective for implementation in the Section II of the Plan of use of the radio-frequency resource of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of June 9, 2006 No. 815 (further - the Plan of RChR), for the purpose of experimental confirmation of providing conditions of accomplishment EMS with other RES (OP) in the location and/or zone of use, are carried out without issue of the conclusion on EMS on condition of observance of the determined UGTsR of necessary parameters of radiation of RES (VP) of such networks of radio communication for avoidance of harmful and electromagnetic hindrances, other risks connected with test of such networks of radio communication.

1.6. Operation of RES (OP) is performed based on the permission to operate.

The permission to operate RES (OP) determines for the owner of specific RES (OP) service conditions of RES (OP) during certain term. Action of permission is limited only to the provisions of the law of Ukraine "About radio-frequency resource of Ukraine" (further - the Law) and does not concern the property rights, protection of health, labor safety, etc. which are regulated by other laws of Ukraine.

If operation of RES according to the legislation is performed on bezrazreshitelny basis, the user of radio-frequency resource shall fulfill requirements of the Regulations regulating use of the RES and VP some types for their operation according to requirements of part eight of article 30 of the Law of Ukraine "About radio-frequency resource of Ukraine" (on bezrazreshitelny and non-paid basis), the radio-electronic means and the radiating devices given in appendix to the List on which operation the permission to operate of radio-electronic means or the radiating device is required, approved by the decision of the National commission performing state regulation in the field of communication and informatization, of December 23, 2014 No. 844, registered in the Ministry of Justice of Ukraine on February 19, 2015 for No. 201/26646 (with changes) (further - Regulations).

1.7. Approval procedure on operation of the amateur station to the radio fan determined by the Regulations of amateur radio communication of Ukraine approved by the decision of the National commission on questions of regulation of communication of Ukraine of October 21, 2010 No. 475, registered in the Ministry of Justice of Ukraine on February 18, 2011 for No. 205/18943.

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