New draft Requirements to Commissioning of Telecommunications Networks have been prepared

Pepeliaev Group hereby informs you that on 16 March 2010 the Expert Working Group “Development of Proposals on Priority Tasks for Adjusting the Effective Telecommunications Regulatory Framework” (WG-1) submitted new draft Requirements to Commissioning of Telecommunications Networks (hereinafter – the “Requirements”) to the Russian Ministry for Telecommunications and the Mass Media.

According to the authors, these Requirements will make it possible to lift administrative barriers for telecom operators and reduce the unproductive workload imposed on employees of the Federal Supervision Agency for Information Technologies and Communications (Roskomnadzor) and operators.

The new draft Requirements have been developed in connection with the entry into force of Federal Law No. 10 FZ dated 14 February 2010 On Amending Certain Legislative Acts of the Russian Federation on Telecommunications that invalidated provisions of Federal Law No. 126-FZ dated 7 July 2003 On Telecommunications in respect of the registration of telecom networks.

The Requirements only apply to the commissioning of telecommunications networks constituting a public telecom network (telecom facilities and lines in respect of cables and other equipment classified as communications equipment). The Requirements do not apply to the commissioning of telecommunications facilities, including lines and cable structures that constitute items of immovable property.

According to the draft Requirements, a telecom operator can commission a telecommunications network either fully or in parts (as components of a telecommunications network).

A telecommunications network (sub-network) should be commissioned on the basis of a Certificate of the acceptance commission approved by the head of the telecom operator or other individual authorised by the internal order. Members of the acceptance commission are appointed by order of the head of the telecom operator. As of the date of approval of the Certificate by the acceptance commission, the operator may use this telecommunications network to provide services.

In accordance with the Requirements, the following documents should be submitted to the acceptance commission for consideration:

• Design or working documents (operating set) for the telecommunications network;
• Expert opinion on the design documentation (in cases specified in the effective legal regulations);
• Reports on testing the telecommunications facilities and lines that were commissioned as part of the telecommunications network;
• Certificates on the registration of radio-electronic equipment;
• Documents confirming that measures have been taken to implement the surveillance system (in the cases specified in effective regulations).

The telecom operator should also submit a Notice on Commissioning to the regional department of Roskomnadzor within 10 business days of the commissioning of the telecommunications network (sub-network) in the following cases:

• A new telecommunications network or node is commissioned (according to the list presented in the appendix to the Requirements);
• When an active node forming part of the telecommunications network and included in the list specified in the appendix to the Requirements is transferred outside one building (facility);
• If the installed capacity of the existing telecommunications network is changed beyond the limits specified in the Requirements.

If the telecommunications network (sub-network) being commissioned is located on several constituent entities of the Russian Federation, the Notice on Commissioning should be submitted to each respective regional department of Roskomnadzor.

Two copies of the Notice should be sent (the second copy should be returned to the telecom operator within 20 working days with the acceptance mark) and should contain, inter alia:

• Information on the name and location of the telecom operator;
• List and numbers of licences on which basis the telecommunications services will be provided;
• Name of the telecommunications network (sub-network) that is being commissioned;
• Installed capacity of the telecommunications network (sub-network) that is being commissioned;
• Structure of the telecommunications network;
• Brief explanatory note to the telecommunications network structure.

The Notice should also be accompanied by a set of documents, including:

• Copy of the Certificate approved by the acceptance commission;
• Copy of the expert opinion on the design documentation (in the cases specified in the effective regulations);
• Documents confirming that measures have been taken to implement the surveillance system (in cases specified in effective regulations).
  

Only time will tell whether the new Requirements will be adopted and how they may be amended.

Pepeliaev Group will in turn keep you posted.

For further information, please contact:

Natalya Ivashchenko, Head of group "Telecommunications", at: (495) 967-0007 or by e-mail: info@pgplaw.ru