The sphere of supervision of the compliance with the order of RF spectrum use, as well as the legality of telecommunication facilities connection to the public telecommunications network is expanded

The sphere of supervision of the compliance with the order of RF spectrum use, as well as the legality of telecommunication facilities connection to the public telecommunications network is expanded 09.01.2015

The Resolution of Council of Ministers of the Republic of Belarus 1290 "On Amendments and Additions to the Resolution of Council of Ministers dated August 17, 2006 1054" was signed on December 31, 2014.

The Resolution brings the Regulation on state supervision of telecommunications in the Republic of Belarus, approved by the Resolution of Council of Ministers dated August 17, 2006 1054 (hereinafter - Regulation), in line with the new wording of the Law of the Republic of Belarus "On Telecommunications" shall enter into force on January 9, 2015, as well as with the Decree of the President of the Republic of Belarus of October 16, 2009 510 "On improvement of the control (supervision) in the Republic of Belarus" (hereinafter - Decree 510). In this regard, the exception of paragraphs 2, 5 and 9 from the Provision is foreseen.

It is established, that the state supervision of telecommunications in the Republic of Belarus is carried out in accordance with the Law "On Telecommunications", the Decree 510 and other legislative acts. The necessity for references to other legislative acts is remained due to the fact that the Decree 510 is not applied to the individuals who are not engaged in entrepreneurial activities (for example, radio amateurs), and in regard to whom the state supervision is carried out in accordance with the requirements of the Law of the Republic of Belarus "On Telecommunications".

The tasks of state supervision of telecommunications are being brought into line with the requirements of the new wording of Article 17 of the Law.

In paragraph 7 of the Regulation the composition of the leaders of the State Inspectorate of the Republic of Belarus on Telecommunications of the Ministry of Communications and Informatization of the Republic of Belarus (Republican Unitary Enterprise for Oversight Telecommunications "BelGIE") (hereinafter - BelGIE) and who are entitled to carry out state supervision of telecommunications is specified.

Amendments to the paragraph 8 are being made. In particular, the new wording of Article 17 of the Law has significantly expanded the scope of supervision (the necessity for supervision of the compliance with the order of use of the radio spectrum, the legality of telecommunication facilities connection to the public telecommunications network, and others.). Due to the fact that the Decree 510 has determined the composition of documents that can be sent to the address of offenders by controlling (supervisory) authorities during inspections, in the second subparagraph of paragraph 8 of the Regulation the right of BelGIE to give mandatory requirements (regulations) to eliminate violations of legislation in the field of Telecommunications is entrenched. At the same time, it should be taken into account that the implementation of control and supervisory activities by BelGIE in respect of business entities in accordance with the Decree 510, the powers of the company are specified according with the norms of this Decree.

The new edition of the eighth subparagraph of paragraph 8 of the Regulation does not contain references to specific regulatory legal acts on the implementation of administrative procedures and its items that will facilitate the elimination of the necessity to adjust it during the next changes made in legislation on administrative procedures.

Paragraph 8 is amended with the paragraphs, vesting BelGIE with authority in relation to the inclusion of issues of supervision for meeting license requirements and conditions by operators to the scope of state supervision of telecommunications, which is described in paragraph 75 of the Regulation on licensing of certain activities, approved by the Decree of the President of the republic of Belarus dated September 1, 2010 450 "On Licensing of Certain Activities".

LINK:	http://www.beltelecom.by/en/news/company/the-sphere-of-supervision-of-...
	See more stories from beltelecom

Most recent headlines