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Federal Law on Communications Edition. The Russian authorities have developed new amendments to the law "On Communications

Federal Law No. 126-ФЗ dated 07.07.2003 "On Communications" regulates legal basis in the field of cellular communication on the territory of Russia and establishes the rights of state authorities, as well as the rights and obligations of persons using communication services. The activity of other regulatory legal acts, such as advertising and the media, is indirectly considered.

This Federal Law was adopted by the members of the State Duma on June 18, 2003 and approved by the Federation Council on June 25 of the same year. Last changes were approved on 07 July 2017. The innovations are aimed at creating more favorable conditions for the correct and convenient provision of communication services in all regions Russian Federation... The protection of the interests of users of mobile communication services and persons who are engaged in activities in the field of economic entities has been revised and improved.

The Mobile Communications Law is divided into 13 chapters that regulate:

  • Chapter 1. Basic provisions. Includes 4 articles that address general concepts, the provisions and objectives of this law;
  • Chapter 2. Basics of activities in the field of communications (Articles 5-10). Clarifies such issues as: ownership of networks and communications; organization of activities related to the placement of relevant structures; operator protection; registration of ownership; construction and operation of communication lines and communication land;
  • Chapter 3. Communication networks (Articles 11-17). Describe in detail each communication - technological, special purpose, common use, postal, federal and others (by the way, the Federal Law on postal services);
  • Chapter 4. Connection of telecommunication networks and their interaction (Articles 18-20). This chapter regulates the right to connect mobile communication, its features and requirements, terrestrial broadcasting of compulsory public TV channels and prices for connection services;
  • Chapter 5. State stabilization of activities in the field of cellular communication (Articles 21-28). The organization that regulates this activity and other federal and radio frequency bodies that exercise supervision in the relevant area are represented;
  • Chapter 6. Legal activity in the provision of services and conformity assessment (Articles 29-43). In this section, you can find out who is entitled to obtain a license, what are the rules and requirements, the validity period of the permit, as well as the reasons for refusing to grant a license;
  • Chapter 7. Cellular services (Articles 44-56). All obligations of operators, benefits and advantages when using communication services, the procedure for filing complaints and grounds for calling emergency operational services are established;
  • Chapter 8. Universal cellular communication services (57-61). The operator of universal service, their reserve, sources of formation of the reserve and their expenditure are presented;
  • Chapter 9. Protection of users' rights (Articles 62-64). This section regulates the rights and obligations of operators of telephone communications, limiting the rights of users during operational-search measures and measures to ensure the security of the Russian Federation and other investigative actions;
  • Chapter 10. Management of networks in emergency situations and in conditions of emergency (Articles 65-67);
  • Chapter 11. Responsibility for violation of the legislation of the Russian Federation (Article 68);
  • Chapter 12. The international cooperation RF in the field of mobile communication (Articles 69-72);
  • Chapter 13. Final and transitional provisions (Articles 73-74).

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The purpose Federal law dated 07.07.2003 No. 126-FZ "On Communication" is the creation of optimal services, acquainted with latest revision Federal law is possible. Activities in the field of mobile communications of business entities are carried out, the rights and interests of users are protected. The Communications Law introduces new promising standards and technologies in the field of mobile communications.

One more main task RF legislation is to guarantee fair and efficient competition and centralized management of the Russian radio frequency resource. Created special conditions for the development of the Russian communication infrastructure and for guaranteeing the needs for cellular communication for the needs of government, security and defense of the country and ensuring law and order.

Amendments to the Law "On Communications"

The latest amendments to the law on cellular communications were adopted on June 7, 2016 and approved by the Federation Council on June 15 of the same year. The changes affected Article 2 and Article 24.

Paragraph 3 of Article 2 was supplemented with the following: an agreement on the multi-entity use of the radio frequency spectrum is concluded between two or more users. The contract must be drawn up in accordance with the joint use of the radio frequency spectrum, the norms of which are established in this Federal Law No. 126-FZ. And in subparagraph 15, the word "either" should be replaced by "and / or".

Major amendments in Article 24:

  • paragraph 1. “And assigned” shall be replaced by “and (or) assigned”;
  • point 3. “Services that have allocated a radio frequency band” shall be replaced by “by the decision of the services that have allocated a radio frequency band. The agreement on the multi-subject use of the radio frequency spectrum must contain: permission to use, the rights and obligations of users, the procedure for mutual settlements, the procedure for resolving disputes and the procedure for terminating disputes;
  • point 8. Supplement with the following paragraph: refusal to assign radio frequencies for radio electronic means civilian use within the framework sharing radio frequency spectrum;
  • point 11. "Permissions to use radio frequency are terminated out of court."

Article 12.

Deals with the regulation of issues regarding the Unified Telecommunication Network on the territory of the Russian Federation. The last changes were approved on November 7, 2011 in the second paragraph.

Article 33.

Regulates the duration of the license. Last modified on 13 July 2015. Clause 3.1 of article 33 was supplemented with the following: documents on the extension of the license validity period can be provided on paper or in the form of an electronic document.

Article 44

The law was slightly amended (on July 13, 2015) paragraph 3 of Article 44.1, establishing mailings over the mobile radiotelephone communication network, which is now carried out according to the State Corporation for Space Activities "Roskosmos".

Art 46.

The latest amendments to the Federal Law "On Communications" were approved on July 6, 2016. Clause 1 was supplemented with the following: to stop, when carrying out operational-search activities, the provision of cellular services, in case of non-confirmation of personal data.

The 21st century is the century of information and rapidly developing technologies. It is impossible to imagine the lack of uninterrupted and high-quality operation of services involved in the field of communications: cellular operators, Internet providers, television and radio broadcasters. One of the basic laws in this area in Russia is the Federal Law on Communications, which will be discussed in this article.

The essence of the law

Federal Law N 126-FZ "On Communications" was adopted The State Duma Russia and approved by the Federation Council of the Russian Federation in June 2003.

The law regulates legal aspects activities of cellular operators, Internet providers and other organizations and services whose work is related to the provision of communications. The law applies to agents operating in the territory of the Russian Federation, as well as those under the jurisdiction of our country. The law prescribes the powers of the state in the field of control and supervision over activities in the field of communications, as well as the rights and obligations of participants and persons using the services (clients).

Structurally, the law is represented by 13 chapters, which include 74 articles. Let's consider a summary of the law, identifying the main aspects and theses:

  • Chapter 1. General Provisions : goals of the law, basic concepts, scope, specialized legislation;
  • Chapter 2. Basics of activities in the field of communications: ownership of networks and facilities, organization of the placement of structures, protection of networks and equipment, construction and use of communication lines in border areas, communication lands;
  • Chapter 3. Communication networks: federal, unified telecommunication network, general use, dedicated, technological special and postal communication networks;
  • Chapter 4. Connection of telecommunication networks and their interaction: the right to interconnection, requirements, procedure, peculiarities of interconnection for operators of public television and radio channels, terrestrial broadcasting, the cost of interconnection services;
  • Chapter 5. State regulation: use and distribution of the radio frequency spectrum, allocation of bands and assignment of channels, control over emissions, tariffication of communication services;
  • Chapter 6. Licensing and Compliance Assessment: requirements for the application and the procedure for its consideration, bidding, license validity period, refusal to issue, renewal, change, suspension, renewal and cancellation of a license, register, information about a broadcaster broadcasting television and radio channels through a telecom operator, issuance and cancellation of certificates, confirmation and declaration of conformity;
  • Chapter 7. Communication services: peculiarities of providing them to citizens, distribution over the radiotelephone communication network, obligations of operators, benefits, use of languages ​​and alphabets, accounting and reporting times of the network, official telecommunications, peculiarities of providing traffic services for the needs of the state and municipal institutions, calling emergency services, operator information bases, payment, complaints, claims and the procedure for their consideration;
  • Chapter 8. Universal services: operator of universal service, reserve and its formation, spending of reserve funds;
  • Chapter 9. Protecting User Rights: the rights of clients, confidentiality conditions, features related to the conduct of operational activities and other investigative actions;
  • Chapter 10. Network Management in Emergency or Emergency Conditions: control rules, priority use;
  • Chapter 11. Responsibility for violation of the legislation of the Russian Federation;
  • Chapter 12. International cooperation: regulation, import into Russia and export from the country of radio-electronic means and high-frequency devices;
  • Chapter 13. Final Provisions: application, the procedure for the entry into force of the law.

Being relevant and in demand, this law has been amended many times - in 2017 alone, the law was amended three times. The latest amendments to the law date from July 2017. Let's take a closer look.

Read the main provisions of the Federal Law No. 64

Last changes

With the entry into force of Federal Law N 193-FZ "On Amendments to Certain legislative acts RF in connection with the adoption of the Federal Law "On the security of the critical information structure of the Russian Federation" in July 2017, the law FZ-126 under consideration has undergone the following changes:

  • Article 12."On the Unified Telecommunication Network in the Russian Federation" was supplemented with clause 1.1, according to which the procedure for the preparation and use of the resources of this network in order to ensure the functioning of significant critical infrastructure facilities is approved by the Government of Russia;
  • Article 46, paragraph 1 on the obligations of telecom operators, a new paragraph was added, which states that when installing devices in the telecommunication network, which is used for the interaction of objects of the critical information infrastructure of the Russian Federation, devices for tracking hacker attacks, it is necessary to ensure order, technical conditions installation and use of such means, established by law 2017 FZ-187 "On the security of critical information infrastructure."

Let us consider in more detail the content of individual articles of the law.

Article 12 "On the unified telecommunication network in the Russian Federation" Part 1 states that such a network includes the following categories:

  • Public networks;
  • Dedicated;
  • Technological;
  • Special, as well as networks using electromagnetic systems for data transmission.

Part 2 of Art. 12 of the law FZ-126. For networks that are part of the unified telecommunication network of Russia, the federal executive body prescribes:

  • Interaction order and (in individual cases) centralized management;
  • Requirements to the design, installation, use, management, numbering, equipment used, ensuring stable operation, protection against unauthorized intrusion, as well as the procedure for putting networks into operation. The content of the requirements differs depending on the category of the network and does not apply to dedicated and technological networks that are not connected to a general one, as well as to a special-purpose network;
  • Metrological requirements on compliance with the provisions and rules established by the legislation on ensuring the uniformity of measurements. These requirements are presented both to the communication equipment and to the means of modification used.

Network requirements are consistent with Federal Service security (since 2010). Operators of all categories are required to create control systems for their networks in accordance with the established interaction procedure (part 3 of Article 12).

License. Entrepreneurial activity, consisting in the provision of communication services to the population, can be carried out exclusively on the basis of a license (part 1 of article 29 of the law).

According to Part 1 of Article 33, a license can be issued for a period of 3 to 25 years (at the request of the applicant, the period may be less than 3 years).

Thus, the license validity period depends on:

  • The term specified by the applicant;
  • Service content;
  • Decisions of the state commission, if the requested license is issued for the provision of communication services using the radio frequency spectrum;
  • Technical features (restrictions and conditions) associated with the connection and interaction of telecommunication networks.

The period of validity can be extended upon application as originally specified period, and for a larger one, not exceeding the terms indicated above. An application for renewal should be submitted no earlier than 6 and no later than 2 months before the expiration of the license. The documents required for this are indicated in Art. 30 of the law. They can be submitted both in paper and in electronic form, assuring with a special signature. The duration of the decision on the application should be no more than 45 days.

If at the time of filing and consideration of the application, there are detected and unresolved violations of the license terms, the renewal may be refused.

Provision of communication services(Article 44 of the Law on Communications).

Such services are provided on the basis of relevant contracts. For their registration, the operator or his representative is obliged to use: premises owned or leased, or equipped retail outlets in shopping and entertainment centers, stationary shopping facilities.

The conclusion of contracts for the provision of mobile radiotelephone services in non-stationary shopping areas is prohibited. An exception was made for specially equipped mobile retail outlets located in vehicles.

Attention! From June 1, 2018 such relief will also apply to mobile operators entering into contracts via the Internet, if the person natural person(client) was previously installed in person. Also, the first paragraph will be supplemented by a provision that states that mobile radiotelephone communication services can be provided to a subscriber only after the operator has provided reliable information (documents).

The rules for the provision of services to subscribers are established by the Government of the Russian Federation. They regulate the relationship between users and mobile operators, the procedure for identifying customers and the equipment they use, the procedure and grounds for suspending the provision of services and terminating the contract, the rights and obligations of the parties, the form and procedure for payments for use, submission and consideration of complaints from subscribers, the responsibility of the parties (clause 2 article 44 of the law FZ-126).

The mobile operator has the right to suspend the provision of services in connection with the violation by the user of the rules for the provision of communication services or the terms and conditions established by this law, incl. in terms of payment or until the violation is eliminated. If the violation has not been eliminated within six months from the moment the corresponding notification was sent to the user, the mobile operator has the right to terminate the contract in unilaterally- for exceptions, see Part 3 of Article 44 of FZ-126.

Clause 4 of this article stipulates possibility of saving user of own subscriber number when switching to another mobile communication operator (within the same region), which appeared in Russians in 2013. To do this, the client needs to pay off the payment arrears, terminate the contract with the current cellular operator and conclude it with another supplier. The cost of the transition procedure cannot exceed 100 rubles.

Clause 5 of Article 44 addresses the issue of connecting various kinds of content services from third parties (confirmation and payment for online purchases, for example). It is indicated that the provision of such services is carried out exclusively with the consent of the subscriber. But first, the cellular operator is obliged to provide information on tariffs, summary services and the person providing them.

On behalf of the telecom operator, on the basis of an appropriate written document confirming the authority, individual physical legal entities... When concluding a contract with a client, the intermediary is obliged to enter information about the user into it, and then send 1 copy to the operator within no more than 10 days. In turn, the operator is obliged, upon receipt of this information, to check their reliability.

Article 46 on the obligations of the operator. When carrying out its activities, the operator is obliged:

  • Comply with the legislation of the Russian Federation, technical norms and rules, the provisions of the license and the agreement;
  • Be guided at the stage of design, installation, reconstruction and commissioning by the requirements of regulatory legal acts to ensure the stability and safety of work;
  • Comply with the requirements for organizational and technical interaction with other networks in terms of mutual settlements and mandatory payments;
  • Provide statistics in accordance with the approved form and procedure;
  • Provide, at the request of the supervisory body, information on the technical condition of networks, conditions for the provision of services, tariffs and taxes, prospects for the development of networks and communication facilities;
  • Block traffic containing mailings that violate legal requirements. In 2018, it will also be necessary to block traffic in connection with the request of the body conducting operational-search activities or the order of the control and supervision service in the field of mass media (FZ) and mass communications in case of non-confirmation within 15 days of the compliance of the user's personal data with the declared information - for the purpose of prevention of crimes using networks and means of communication.

The operator is obliged to provide conditions for unimpeded access to communication facilities (communication salons, post offices) for disabled people - in accordance with the requirements of the legislation in the field of social protection.

Part 2 of Art. 46 of the law FZ-126 lists the requirements for the premises of the telecom operator, the features of the provision of services to people with disabilities.

The operator is obliged to create a system of free information and reference services for its customers.

Part 4 of article 46. Television and radio broadcasting. An operator whose work is related to television or radio broadcasting is obliged, on the basis of the concluded agreement and the license obtained by him, to broadcast a package of compulsory television and radio channels. It is not required to conclude separate contracts with these channels, and the broadcast must be made unchanged at the expense of the operator (i.e. free of charge for the subscriber).

Let us recall that this procedure was introduced in 2009 by the decree of the President of Russia. In total, the package includes 3 radio channels and 20 television - 10 are unchanged, the second 10 is determined according to the results of a competition for terrestrial broadcasting using positions in multiplexes throughout the Russian Federation. On the 21st position is the obligatory TV channel of each individual constituent entity of the country.

The telecom operator carrying out the broadcast does not have the right to independently change the order of the channels, programs and other materials broadcast without coordinating this with the broadcaster.

Part 5 of Article 46. Internet service provider obliged in accordance with the requirements of the Federal Law N 149 "On information, information technology and on the protection of information "to restrict and renew access to information transmitted via the Internet, as well as to ensure the installation in its network provided by the controlling government agency technical means of control over the operator's compliance with the requirements established by Articles 15.1 - 15.4 of the specified Federal Law.

Parts 6 and 7 revisit the issue of the subscriber's transition to another cellular operator... So, after the conclusion of a new contract, the former mobile operator is obliged to transfer the subscriber number to the network of another mobile operator for the time specified in the concluded contract. The procedure and timing of the transfer are spelled out in. In case of violation of the terms and conditions, the former mobile operator is obliged to provide the user with communication services free of charge until the actual transfer of the number to the network of the new mobile operator.

Download the current edition of 126 FZ

Considering even several separate provisions of this law, it becomes clear that it concerns not only broadcasters, providers, cellular operators and agents - not least of all, this law was created for users - to protect and ensure their rights and interests.

To get acquainted in more detail with FZ-126, or, as it is often called, the law on mobile or cellular communications, we propose from 07.07.2003 N 126-FZ "On Communications" in the latest edition.

Russian authorities developed a bill that amends the law "On Communications", reports "Kommersant". According to the publication, Roskomnadzor and the Ministry of Internal Affairs took part in the work on the document. Both departments did not respond to official inquiries about their participation in the work on the document.

The Russian authorities have been trying for a long time to somehow regulate the position of the end consumers of telecommunication services represented by the population. The prepared document pursues two goals: it returns ministries and departments to the problem of regulating messengers and introduces new rules for the sale of SIM cards and the provision of communication services.

Messengers

In order to identify the user of the messenger, the Ministry of Internal Affairs plans to receive data on the end subscriber from telecom operators. The document also mentions a software package that can be used to identify a person. At the same time, no technical details of the implementation of such software were disclosed.

So, in October 2016, the President of the Media Communication Union Pavel Stepanov, that the ISS stands up not only for the regulation of audiovisual online services, but also for the regulation of messengers. Then Stepanov mentioned not only security problems, but also about protecting users from "hacker attacks and spam mailings."

In addition to security issues that are lobbied by law enforcement agencies (the Ministry of Internal Affairs and the FSB), the need to regulate messengers is conditioned by the creation of equal competitive conditions.

In addition, government agencies are counting on cooperation from the messenger development companies.

SIM cards and identification

The concept of user identification thanks to the number of a cellular operator was proposed by the same ISS. All modern popular instant messengers use a system for sending authorization codes and linking an account to a phone number.

But for the number-to-subscriber identification model to be viable, telecom operators have to amend legislation and rethink their own market practices.

Today, in any major city of the Russian Federation, you can get a free SIM card from your hands without specifying any personal data. It is the latter that complicates the ultimate identification of users. New amendments to the legislation are aimed at tightening control over the distribution of SIM cards, that is, access to communication services.

According to the text of the bill, from January 1, 2019, cellular operators will be able to conclude electronic contracts for the provision of cellular services. They will also have access to a unified identification and authentication system (ESIA), qualification electronic signatures and a database of the portal of public services for verifying the information provided by the user. For the illegal distribution of SIM cards, administrative liability and fines are introduced: 2-5 thousand rubles for individuals and 100-200 thousand rubles for legal entities.