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

of July 30, 2013 No. 487

About approval of the Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications and recognition by NKRS which voided decisions of 02.08.2007 No. 874

According to article 19 of the Law of Ukraine "About telecommunications" the National commission performing state regulation in the field of communication and informatization solved:

1. Approve Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications which is applied.

2. Declare invalid the decision of the National commission on questions of regulation of communication of Ukraine of August 02, 2007 No. 874 "About approval of the Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications", registered in the Ministry of Justice of Ukraine on August 21, 2007 at No. 966/14233.

3. In accordance with the established procedure to submit to department of the state supervision this decision on state registration to the Ministry of Justice of Ukraine.

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

It is approved: Acting as Chairman Antimonopoly Committee of Ukraine

R.I.Kuzmin

Chairman of Public service Ukraine concerning regulatory politicians and developments of entrepreneurship

M. Yu. Brodsky

Approved by the Decision of the National commission performing state regulation in the field of communication and informatization of Ukraine of July 30, 2013 No. 487

Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications

I. General provisions

1.1. This Provision is developed according to the Laws of Ukraine "About telecommunications", "About metrology and metrological activities", "About the basic principles of the state supervision (control) in the field of economic activity", the Regulations on quality of telecommunication services approved by the decision of the National commission on questions of regulation of communication of Ukraine of April 15, 2010 No. 174, registered in the Ministry of Justice of Ukraine on June 23, 2010 for No. 429/17724, other regulatory legal acts and regulating documents in the field of telecommunications, establishes procedure for measurements of parameters of telecommunication networks and quality test of telecommunication services (further - measurements).

1.2. Terms in this Provision are used in values, the provided Laws of Ukraine "About telecommunications", "About metrology and metrological activities", Rules of provision and receipt of the telecommunication services approved by the resolution of the Cabinet of Ministers of Ukraine of April 11, 2012 No. 295, the Procedure for routing of traffic in telecommunication network public of Ukraine approved by the decision of the National commission performing state regulation in the field of communication and informatization of July 5, 2012 No. 324, Regulations on the quality of telecommunication services approved by the decision of the commission National oh on questions of regulation of communication of Ukraine of April 15, 2010 No. 174, registered in the Ministry of Justice of Ukraine on July 25, 2012 at No. 1252/21564, registered in the Ministry of Justice of Ukraine on June 23, 2010 at No. 429/17724.

1.3. Action of this Provision extends to operators, providers of telecommunications, consumers of telecommunication services when implementing activities for carrying out measurements of parameters of telecommunication networks.

1.4. Measurements are performed during the actions of the state supervision of observance by operators, providers of telecommunications of certain parameter values of telecommunication networks, indicators of quality of telecommunication services, conditions of application of telecommunications of technical means of telecommunications by operators and include control of observance of procedure for routing of traffic in telecommunication network public.

Measurement is performed by means of the measuring equipment (further - SIT) which support technology which is applied in telecommunication network of the operator.

1.5. Results of measurements in telecommunication networks are used for assessment of observance by operators, providers of telecommunications of the legislation in the relation:

qualities of telecommunication services;

procedure for routing of traffic on telecommunication networks public;

parameters of telecommunication networks;

procedure for use of number resource;

functioning of interaction of telecommunication networks public;

compliance of information used for accounting and tariffing of services, to primary data which are created by the switching equipment by results of processing of challenges.

1.6. Subjects to measurements are telecommunication networks public regarding parameters of alarm exchange, protocols of exchange of information, technical characteristics of their functioning, requirements to which are determined by regulatory legal acts and regulating documents, including:

parameters of interexchange exchange, the transport circle of telecommunication networks intended for servicing of traffic, other parameters of telecommunication networks about procedure for routing of traffic;

parameters of alarm exchange between automatic telephone exchanges, other network equipment of telecommunication networks and the network equipment of telecommunication networks, including - establishment (determination) of the actual IP addresses and customer addresses (which cause and who are called), the identifiers specifying type of processing of challenge - international or national, connection establishment time, duration of conversation and the reason of separation, processing of category of telephone numbers, procedures of interaction, processing of additional services, processing of electronic codes (identifiers) of the final equipment (the IMEI codes, mac-addresses, SID, etc.);

technical parameters of quality of provision of telecommunication services.

II. Organization of measurements

2.1. The organization and carrying out measurements within implementation of the state supervision are performed according to article 19 of the Law of Ukraine "About telecommunications".

2.2. Measurements are taken by employees who had the corresponding training concerning operation of SIT used in case of these measurements.

Measurements are taken by means of SIT which meet the requirements of the Law "About Metrology and Metrological Activities" and other regulatory legal acts containing requirements to such SIT and according to measurement techniques depending on the telecommunication services provided by operator, provider of telecommunications: Measurement technique of parameters of service quality of the fixed telephone communication, the Measurement technique of parameters of service quality of mobile (mobile) communication, the Measurement technique of parameters of service quality of data transmission and Internet access, the Measurement technique of parameters of the telecommunication networks approved by the solution of NKRSI.

Measurements of parameters which include temporary and/or electric characteristics or other characteristics of units of measure shall be performed with use of the corresponding SIT which conform to requirements of the Law of Ukraine "About metrology and metrological activities" and to other regulatory legal acts containing requirements to such SIT.

In case of measurements during the actions of the state supervision (control) the quantity of challenges, relative accuracy of assessment and level of credibility allowing to estimate compliance of the measured indicators to the established requirements shall be provided such.

2.3. For carrying out measurements the officials authorized by NKRSI:

create tasks for carrying out measurements (appendix 1), points of connection of SIT to telecommunication network, proceeding from technical capability determine;

do in case of need, requests to the subject of check about the provision of information and materials concerning measurements.

2.4. Within implementation of actions of the state supervision access to the territory and to rooms of the consumer of telecommunication services and connection to SIT of telecommunication network from the consumer are performed in case of provision of written consent of the consumer of telecommunication services.

Measurements can be also taken according to the address of the consumer of telecommunication services in rooms where the equipment of this consumer, on condition of provision by it of consent to access to the territory, to rooms and connection of SIT is placed.

Measurements in the territory, in the room and on consumer equipment of telecommunication services can be also carried out to time of holding other actions of the state supervision with observance of requirements of the current legislation.

III. Procedure for registration of results of measurements

3.1. By results of measurements and their analysis the statement of measurement of parameters of telecommunication networks which form is given in appendix 2 to this Provision (further - the Act) which is applied to the inspection statement of compliance with law about telecommunications is drawn up.

3.2. In case of detection during measurements of signs of making of criminal offenses in the field of telecommunications, NKRSI directs the available materials to relevant organ of National police of Ukraine for decision making according to the legislation of Ukraine.

IV. The rights and obligations of the officials authorized by NKRSI in case of accomplishment of measurements

4.1. The officials authorized by NKRSI in case of accomplishment of measurements of parameters of telecommunication networks have the right:

access together with the workers involved to measurements who answer the requirements specified in Item 2.2 of the Section II of this provision, in the procedure established by the legislation the territory and to placements, including on technical platforms of operators, providers of telecommunications, their separate divisions;

receive from operators of telecommunications, their separate divisions in writing information on the procedure for the omission and routing of traffic established on telecommunication network of the operator, the project documentation on routings of traffic and documents, necessary for carrying out measurements, according to requirements of article 19 of the Law of Ukraine "About telecommunications";

receive from operators of telecommunications, their separate divisions in writing information for maintenance of measurements by station printouts of switches and objective data on departure sidings (obtaining) of test international and long-distance traffic, others, necessary for carrying out measurements, data;

involve representatives of operator of telecommunications (its separate division) to connection of SIT by them to telecommunication networks (equipment) of operators of telecommunications in the terms determined by representatives of NKRSI officials.

4.2. The officials authorized by NKRSI in case of accomplishment of measurements of parameters of telecommunication networks shall:

be guided in the work as requirements of the current legislation;

during measurements not to break stability of telecommunication network;

ensure safety and nondisclosure of information with limited access obtained during execution of measurements;

to objectively display indicators of measurements of parameters of telecommunication networks;

by results of measurements to perform processing of statistical data of alarm interexchange exchange with the purpose of identification of sources (departure) of the international and long-distance traffic along routes which contradict the current legislation in the field of telecommunications;

draw up the Statement.

V. Obligations and the rights of operators, providers of telecommunications when carrying out measurements of parameters

5.1. When carrying out measurements operators, providers of telecommunications and their separate divisions shall:

provide access for representatives of NKRSI of the officials and workers specified in the certificate (direction) holding action of the state supervision on the territory and to placements, including on technical platforms, operators, providers of telecommunications, their separate divisions according to requirements of article 19 of the Law of Ukraine "About telecommunications";

provide connection of SIT to the telecommunication networks, technical means of telecommunications, including implementation of these connections of the operator by the representative;

provide documents, necessary for carrying out measurements, according to requirements with article 19 of the Law of Ukraine "About telecommunications";

provide the information of the officials and workers involved to measurements specified in the certificate (direction) holding action of the state supervision authorized by NKRSI on the procedure for the omission and routing of traffic established on telecommunication network public;

provide the Commissions station printouts of switching devices and objective data on departure sidings (obtaining) of test international and long-distance traffic and others, necessary for carrying out measurements, data;

keep confidentiality of information on terms and content of measurements.

The admission of the Commission to technological rooms with the increased danger is performed according to requirements of regulations of safe engineering.

5.2. Operators, providers of telecommunications and their separate divisions when implementing actions for measurement of parameters of telecommunication networks have the right:

get acquainted with documents on SIT compliance to requirements of the legislation on metrology and metrological activities;

receive the Act copy;

other rights according to requirements of article 19 of the Law of Ukraine "About telecommunications".

VI. Confidentiality of information

6.1. The officials and workers involved to measurements authorized by NKRSI have no right to disclose information obtained during the organization and implementation of measurements of telecommunication networks namely:

operators, providers of telecommunications on which networks measurements, time and the place of their carrying out, and also SIT which perform measurements are taken;

structures of telecommunication network of the operator of telecommunications;

number resource and the involved reservoir of stations, subscribers;

amounts and structure of traffic in network of the operator of telecommunications;

personnel of the operator, provider of telecommunications;

data on routing of traffic;

customer addresses "And" and "B";

number resource and alarm links on which measuring devices, means of the measuring equipment are established.

6.2. Information specified in Item 6.1 of this Section cannot be transferred to other persons without written approval of its owner, except cases of its use for the purpose of implementation of NKRSI of the relevant activities for the state supervision of the market of telecommunications and in case of need acceptance of NKRS died according to requirements of Item 3.2 of this provision.

VII. Measurement of telecommunications of parameters of own telecommunication networks by operators

7.1. Operators of telecommunications shall take measures for functioning of the telecommunication networks with observance of requirements of regulatory legal acts and regulating documents in the field of telecommunications, including measurements of parameters of the telecommunication networks, including for the purpose of observance of the established indicators of quality of telecommunication services.

Such measurements can be performed:

independently the operator of telecommunications - in the presence of the equipment which conforms to requirements of Item 2.2 of the Section II of this provision;

with attraction on contractual basis of other subjects of managing having the right in coordination with NKRS to take measurements of parameters of telecommunication networks, and also are certified on carrying out the corresponding measurements, have specialists and the measuring equipment according to requirements of Item 2.2 of the Section II of this provision.

7.2. Results of the measurements executed by the operator of telecommunications according to requirements and Item.

Results of the measurements executed according to requirements of Item 7.1 of this Section are drawn up by the protocol of measurement of parameters of telecommunication networks which form is given in appendix 3 to this Provision and used by operator, provider of telecommunications in case of creation of the act of abuse of regulations of the provision and receipt of telecommunication services provided by subitem 35-1 of Item 39 of Rules of provision and receipt of the telecommunication services approved by the resolution of the Cabinet of Ministers of Ukraine of April 11, 2012 No. 295.

7.3. this Section, can be used by NKRSI when implementing the state supervision of the market of telecommunications only in the presence of written consent of the relevant operator of telecommunications.

The results of measurements executed by the operator of telecommunications out of actions of the state supervision, provided by the operator and confirmed during implementation of actions of the state supervision are applied to the inspection statement of compliance with law about telecommunications.

Appendix 1

to Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications (Item 2. 3)

№. of payment order	Task for carrying out measurements
1	Basis for carrying out measurements:
2	Planned dates of the beginning and end of measurements:
3	The name of the operator, provider of telecommunications in which network measurements are taken:
4	Connection points:	Address, protocol, codes of Items of the alarm system and item t.
5	Requirements to measurements. What parameters of network or measure value need to be reflected:	The presentation of numbers when implementing test challenges, the reason of completion of challenges, procedure for receipt of alarm messages, the address type identifier
6	Methods of carrying out measurements:	Implementation of test challenges, measurements on real traffic, etc.
7	Procedure for registration of results. Required materials for work of the officials authorized by NKRSI:	Printouts of alarm messages, electronic versions of sessions of measurement, etc.

The official authorized by NKRSI (Worker of the subject of managing):	________ (signature)	_______________________ (initials, surname)
________________ (date)

Appendix 2

to Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications (Item 3. 1)

Act of measurement of parameters of telecommunication networks

See Appendix 2 (7Kb In original language)

Appendix 3

to Regulations on measurement of parameters of telecommunication networks for the purpose of implementation of the state supervision in the field of telecommunications (Item 7. 2)

Protocol of measurement of parameters of telecommunication networks

See Appendix 3 (7Kb In original language)

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