New radio frequency assignment and re-licensing procedure.
Legal Update No. 225.
Goltsblat BLP advises that Federal Law No. 18-FZ of 23 February 2011 “On Amendments to Article 24 of the Federal Law ‘On Telecommunications’” comes into effect on 8 March 2011.
The amendments are intended to improve the procedure for assigning radio frequencies or radio-frequency channels, decision-making on their allocation and issuing of permits for their use, as well as that for re-issuing these decisions and permits in the event of corporate reorganisation.
The federal executive telecommunications authority now has to make a decision on assigning a radio frequency or a radio-frequency channel for civil radio-electronic purposes within 35 working days (instead of 120 days) of the filing date.
The federal executive telecommunications authority must now prepare a permit to use radio frequencies or radio-frequency channels within 20 working days of the decision being made to assign them.
The obligations of the federal executive authorities have been made specified as regards the procedure for EMC (Electromagnetic Compatibility) tests, review of materials, issue and re-issue of decisions, and posting of the decisions on the Internet.
The procedure for re-issuing decisions to assign radio-frequency bands and permits for using radio frequencies or radio-frequency channels in the event of a corporate reorganisation has been detailed for the first time. In particular, a legal successor is obliged to file an application to have these documents re-issued within 45 days of the relevant amendments being made to the Companies’ Register. The documents are to be re-issued on the same conditions that applied to the reorganised entity, but without being reviewed by the state radio frequency commission, and within 10 days of receiving the application.
It should be noted that, until the documents are re-issued after a reorganisation, the successor may use the radio-frequency spectrum in accordance with the previously issued documents.
For additional information, please contact:
Head of Group,
Corporate Practice, Goltsblat BLP
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