The regulations on the procedure for determining the efficiency of radio frequency spectrum use entered info force in the Republic of Belarus

The regulations on the procedure for determining the efficiency of radio frequency spectrum use entered info force in the Republic of Belarus 09.01.2015

The resolution of the Council of Ministers of the Republic of Belarus of December 31, 2014 1292 "On the approval of the regulations on the procedure for determining the efficiency of radio spectrum use", prepared for the purpose of the implementation of the third paragraph of Article 32 of the Law of the Republic of Belarus of July 19, 2005 "On telecommunication" came into force on January 9, 2015.

According to the abovementioned article the authorization of the right of radio spectrum use, obtained as a result of the allocation of radio spectrum bandwidths, radio frequency channels or radio frequencies by the State Commission on radio frequencies under the Security Council of the Republic of Belarus, may be terminated by this Commission upon receiving information from the radio-frequency services about inefficient use of radio frequency spectrum according to the procedure determined by the Council of Ministers of the Republic of Belarus. In this regard, for the first time in the Republic of Belarus the regulations on the procedure for determining the efficiency of radio frequency spectrum use have approved the relevant rules for determining the efficiency of such use.

It should be mentioned that the Regulations do not apply to the determination of the efficiency of the use of the radio spectrum allocated for the purposes of state administration, national security, defense, law enforcement, emergency management, the implementation of the investment projects in the field of informatization, information and communication technology, telecommunication and high technologies, government and industrial informatization programs, implemented in compliance with the ruling of the President of the Republic of Belarus, the Council of Ministers and republican bodies of state administration, as well as for radio-electronic means of broadcasting, satellite, radiolocation services and for radio-electronic means of engineering telecommunication networks.

It is established that without calculations being made the inefficient use of radio frequency spectrum is recognized if at the expiration of two years' term from the date of issuance of the right of radio frequency spectrum use, obtained as a result of the allocation of radio spectrum bandwidths, radio frequency channels or radio frequencies by the State Commission on radio frequencies under the Security Council of the Republic of Belarus, the user of radio frequency spectrum has not been granted a license to use the radio frequency spectrum, obtained as a result of the assignment of radio frequency or radio frequency channel.

Evaluation of the radio spectrum use is carried out by the radio frequency services as often as required using a number of formulas mentioned in the Regulations. Such an approach based on the recommendations of the International Telecommunication Union has been developed with the participation of Belarusian scientists and experts and approved by the concerned government bodies and other organizations.

The initial data for determining the efficiency of radio spectrum use are:

the data specified in the right of radio spectrum use, obtained as a result of the allocation of radio spectrum bandwidths, radio frequency channels or radio frequencies by the State Commission on radio frequencies under the Security Council of the Republic of Belarus;

the data specified in the right of use of the radio frequency spectrum, obtained as a result of the assignment of radio frequency or radio frequency channel;

the coverage area of radio-electronic means where the applied technology is being used;

the number of radio frequency bandwidths, radio frequency channels or radio frequencies used.

Evaluation of the efficiency of radio frequency spectrum use is carried out for each of the applied technology. Regulations also establish a criterion for the evaluation of the efficiency of radio spectrum use.

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