The Federal Law “On Communications”, the changes of which will be considered later, establishes the legal basis for activities in the field of communications in the country and in the regions under its jurisdiction. The regulatory act sets forth obligations, rights of participants in the relevant legal relations, powers of state authorities.
Goals
As them, the law of the Russian Federation "On Communications" defines the following provisions:
- Promoting the implementation of innovative promising standards and technologies.
- Protecting the interests of persons acting as users of communication services engaged in activities in the relevant field.
- Ensuring fair and effective competition in the market.
- Formation of conditions for improving domestic communication infrastructure, promoting its integration with international channels.
- Providing centralized control over Russian radio frequency resources.
- Formation of conditions to meet the communication needs of state authorities, defense, security and law and order.
Scope of regulation
The Law of the Russian Federation "On Communications" regulates relations relating to the creation and operation of all communication networks and structures, the use of the radio frequency spectrum, the provision of electronic and postal services in the country and in the regions controlled by it. The provisions of the normative document apply to all operators that carry out their activities outside the state, only in part regarding the regulation of the procedure for the fulfillment of their obligations in areas under the jurisdiction of the country. Relations that are not covered by the Federal Law of the Russian Federation “On Communications” are regulated by other legal acts.
Normative base
The legislation of the Russian Federation in the field of communications is based on:
- Constitution.
- Pending law.
- Presidential regulations.
- Government Decisions.
- International treaties.
- Other legal industry documents.
If an international agreement establishes rules that are different from those stipulated by the Law on Communications (126-FZ), then the provisions of the agreement shall apply.
Ownership of communications media and networks
The latest version of the Law "On Communications" establishes that the activities of industry enterprises are carried out on the basis of the unity of the economic space, in competitive conditions and taking into account the diversity of types of ownership. Equal conditions are ensured for all communication organizations. Communication networks and means may belong to federal, regional, municipal and private property, as well as be in the legal possession of legal entities. Foreign investors are allowed to participate in the privatization of property of territorial and state unitary institutions under the conditions established by relevant regulations. This provision is established in Part 1 of Art. 5 the Federal Law "On Communications" under consideration. Changes in ownership of communication facilities and networks are made in the manner prescribed by regulatory documents, and is allowed provided that the relevant procedures do not impair the functioning of the existing infrastructure and do not violate the rights and interests of legal entities and citizens.
Location of facilities
In the process of urban planning for the development of territories and settlements, as well as their development, the structure and composition of objects should be determined. These include line-cable structures, separate rooms for the placement of communication facilities, as well as the required capacities in the infrastructures to ensure the stable functioning of the systems. Amendments to the Law "On Communications" were introduced regarding the actions of state authorities of the subjects and municipalities. In particular, paragraph 2 of Art. 6 obliges these structures to assist communication organizations that provide universal services in obtaining / constructing structures and premises necessary for their work. These companies can enter into agreements with owners or other owners:
- Power transmission towers.
- Buildings.
- Contact railway networks.
- Pillars.
- Collectors.
- Bridges.
- Tunnels (including the subway) and other technological sites and facilities.
Under the terms of the agreements, communication organizations are entitled to carry out the construction, operation of communication facilities and structures. In turn, the owner or other owner may demand a commensurate payment from companies for the use of these facilities, unless otherwise provided in regulatory enactments. If the property owned by the subject, after the construction or maintenance work can no longer be used for its intended purpose, the Federal Law "On Communications" allows the possibility of termination of the contract in court.
Compensation
The Federal Law "On Communications" provides for them when:
- Reconstruction or transfer of communication lines and structures.
- Expanding the boundaries of the settlement.
- Reconstruction / overhaul of buildings, structures, bridges, roads, structures.
- The development of new lands.
- Reconstruction of reclamation systems.
- Development of new deposits, etc.
Compensation can be made by agreement of the parties in cash or by transfer or reorganization of communication lines and structures by the construction / reconstruction customer at his own expense in accordance with the technical conditions issued by the communication organization, as well as standards. Compensation is allowed, unless otherwise established by regulatory acts governing road activities. This paragraph was supplemented by Federal Law No. 139. Changes to the Law "On Communications" entered into force on July 15, 2011.
Protection of communication networks and facilities
The state provides security for communication facilities. Operators and developers in the reconstruction and construction of structures, buildings, when laying communication networks should take into account the need to ensure the protection of structures from unauthorized entry. This item was introduced into the Law "On Communications" from February 14, 2008.
check in
The Law "On Communications" classifies communication facilities, the movement of which without causing disproportionate damage to their purpose, is not possible, to immovable objects. Line cabling infrastructure also falls into this category. In this regard, these facilities must undergo state registration in the manner prescribed by the Civil Code. Features registration of communication facilities are formulated by government regulations. Transfer of ownership rights and other legal capabilities to space objects does not entail the granting of rights to operate an orbital-frequency resource.
Of the earth
The Law "On Communications" provides that the transfer of land to communication companies, the regime (procedure) for their use, the rules for the construction of security zones, the creation of clearings for the placement of networks are formulated by the LC. In accordance with the norms of land law, allotments are seized. The sizes of the plots, including those provided for the construction of clearings and security zones, are determined by the norms of land allotment for the production of the corresponding types of activities, as well as by the provisions of the design and urban planning documentation.
Networks
A complex of organizations and state bodies that carry out and provide postal and telecommunication in the Russian Federation acts as a federal communication system. The unified network includes the following categories of networks located in the country:
- Common use.
- Dedicated Networks.
- Technological systems connected to public infrastructure.
- Special purpose and others.
The powers of executive structures
The Law "On Communications" includes the following functions in the competence of bodies:
- Determining the order of interaction of networks, and in established cases, centralized management of the public system.
- Establishment of requirements for the design, installation, operation, numbering, organizational and technical equipment, ensuring sustainable functioning, including in emergency situations. The Law "On Communications" prescribes the exercise of these powers taking into account the category of communication networks.
- Determining the requirements for measurements that are performed during the operation of public systems, and the means by which they are carried out. This ensures the stability and integrity of the network.
Public systems
They are intended to provide telecommunication services on a reimbursable basis to any user in the Russian Federation. The public utilization system includes telecommunication networks, defined and not determined geographically within the boundaries of the served area and numbering resource, as well as classified according to the technology for the sale of services. It is formed by a complex of interacting objects, including those intended for broadcasting television and radio broadcasting channels.