GOVERNMENT OF THE RUSSIAN FEDERATION

ON APPROVAL OF THE RULES FOR ACCESSING DEPARTMENTAL ENTITIES
AND DEDICATED TELECOMMUNICATION NETWORKS TO THE TELECOMMUNICATION NETWORK
COMMON USE

In pursuance of the Federal Law "On Communications" (Collection of Legislation of the Russian Federation, 1995, N 8, art. 600) and in order to ensure that individuals and legal entities licensed to provide communication services have the opportunity to access the public telecommunications network on a fair and non-discriminatory basis, the Government of the Russian Federation decides:

1. Approve and put into effect from November 1, 1996 the attached Rules for connecting departmental and dedicated telecommunication networks to the public telecommunication network.

2. The Federal Service of Russia for the Regulation of Natural Monopolies in the Field of Communications, in agreement with the Ministry of Communications of the Russian Federation, determine in the first half of 1997 the procedure for mutual settlements between operators of telecommunication networks forming a public telecommunications network for network resources and load transfer services provided to each other these networks, as well as develop a mechanism for regulating prices (tariffs) for services and network resources mutually provided by operators.

Chairman of the Government

Russian Federation

V. CHERNOMYRDIN

Approved by Government Decree

RULES
CONNECTION OF DEPARTMENTAL AND DEDICATED NETWORKS
TELECOMMUNICATIONS TO TELECOMMUNICATIONS NETWORK
COMMON USE

. General provisions

1. These Rules were developed in accordance with Articles 8 and 27 of the Federal Law “On Communications” and regulate the relations of telecommunication network operators that are part of the public telecommunication network, or telecommunication network operators wishing to connect their telecommunication networks to the public telecommunication network, regardless of departmental affiliation, forms of ownership of communications equipment and the organizational and legal form of the operator.

These Rules establish:

the procedure for connecting departmental and dedicated telecommunication networks with the public telecommunication network;

conditions for connecting telecommunication networks of individuals and legal entities to the public telecommunication network;

basic principles of interaction between operators of departmental and dedicated telecommunication networks with operators of public telecommunication networks.

2. The following terms are used in these Rules: connection of one telecommunication network to another (exit of one telecommunication network to another) - organization of interaction between two telecommunication networks, in which it becomes possible to establish a connection and transfer information between subscribers (users) of these telecommunication networks;

license - a document giving the right to provide communication services, issued by the Ministry of Communications of the Russian Federation in accordance with the established procedure in accordance with Article 15 of the Federal Law "On Communications";

telecommunications network operator - an individual or legal entity that has the right to provide telecommunications services and provides services using a given telecommunications network;

public telecommunications network is an integral part of the interconnected telecommunications network of the Russian Federation, open for use by all individuals and legal entities, the services of which cannot be denied to these individuals. The public telecommunications network includes a public telephone network, including communication networks for mobile subscribers, a public telegraph network and subscriber telegraph networks, public data networks and other networks in accordance with Article 7 of the Federal Law "On Communications" and regulatory and technical documents approved by the Ministry of Communications of the Russian Federation;

departmental telecommunication networks - telecommunication networks of ministries and other federal executive authorities, created to meet production and special needs, with access to the public telecommunication network;

dedicated telecommunication networks - telecommunication networks of individuals and legal entities that do not have access to the public telecommunication network;

traffic - a set of messages transmitted over a telecommunication network;

traffic transmission - implementation of the process of establishing a connection and transmitting information between subscribers (telecommunication networks).

3. Telecommunication networks connected to the public telecommunication network, after the connection has been made in the part that has access to the public telecommunication network, from a technological point of view, according to the rules for the provision of services and the principles of interaction of operators, are considered as components of the public telecommunication network.

4. In emergency situations and in a state of emergency declared in accordance with the legislation of the Russian Federation, the interaction of operators of the public telecommunication network, including on issues of connecting other telecommunication networks to the public telecommunication network, is determined by the instructions of the authorities managing the telecommunication network in in accordance with Article 13 of the Federal Law "On Communications".

5. Disputes between telecommunication network operators on issues within the competence of the Ministry of Communications of the Russian Federation and the Federal Service of Russia for the Regulation of Natural Monopolies in the Field of Communications that arise during the application of these Rules may be resolved by the specified Ministry and the Federal Service in a pre-trial manner upon the application of one or more interacting telecommunication network operators.

6. Control over the implementation by telecommunication network operators of these Rules regarding the procedure for interaction between telecommunication network operators is carried out by state communications supervision bodies under the Ministry of Communications of the Russian Federation within the limits of their competence.

. General requirements for telecommunication networks connected to the public telecommunication network

7. Telecommunication network operators wishing to connect their networks to the public telecommunication network must, in accordance with the procedure established by the legislation of the Russian Federation, obtain from the Ministry of Communications of the Russian Federation a license to provide telecommunication services allowing such connection.

Connection to public telecommunication networks of telecommunication networks whose operators do not have the appropriate license is not permitted.

8. The structure and technical characteristics of telecommunication networks connected to the public telecommunication network must comply with the requirements contained in the regulatory and technical documents approved by the Ministry of Communications of the Russian Federation for the construction of an interconnected communication network of the Russian Federation and specific public telecommunication networks.

9. Design documentation for the construction of the connected telecommunication network as a whole and its individual facilities and structures must comply with departmental technological design standards, building codes and regulations and other regulatory and technical documents adopted in the manner established by the legislation of the Russian Federation.

10. On the connected telecommunication network, only telecommunication equipment and equipment must be used that have certificates of conformity issued by the Ministry of Communications of the Russian Federation in the manner established by Article 16 of the Federal Law “On Communications”.

11. If necessary, as part of the development and implementation of state technical policy for the development of a public telecommunications network, the Ministry of Communications of the Russian Federation may introduce special requirements for the use of certain types of telecommunications facilities, aimed at the optimal construction, efficiency and safety of the functioning of the public telecommunications network as a whole.

In these cases, telecommunication networks connected to the public telecommunication network must meet the requirements of the Ministry of Communications of the Russian Federation for the equipment used.

12. Control centers for telecommunication networks forming a public telecommunications network must be located on the territory of the Russian Federation. Telecommunication network operators must take measures to prevent unauthorized interference in the operation and management of telecommunication networks.

13. The technical operation of connected telecommunication networks must be organized in accordance with the rules for the technical operation of a public telecommunication network, other regulatory and technical documents of the Ministry of Communications of the Russian Federation and the recommendations of the International Telecommunication Union.

14. Telecommunication networks connected to the public telecommunication network must meet the requirements for conducting operational investigative measures, determined in accordance with the legislation of the Russian Federation.

15. The requirements of this section apply equally to both telecommunication networks, the connection of which to the public telecommunication network is expected, and those already connected to the public telecommunication network and being an integral part of it.

Agencies that have departmental telecommunication networks connected to the public telecommunication network may impose additional requirements on their subordinate telecommunication networks arising from the specifics of their activities.

III. The procedure for interaction between operators in the process of connecting telecommunication networks to the public telecommunication network

16. After receiving a license to provide telecommunication services, the operator of the connected telecommunication network makes a written request for the issuance of technical conditions for connection to the operator of the telecommunication network to which the connection is intended. A copy of the license issued by the Ministry of Communications of the Russian Federation is attached to the request.

17. The operator of the connecting telecommunication network considers the request and issues a response to the applicant in writing within a period not exceeding one month from the date of receipt of the request.

The response must contain either technical conditions for connecting the telecommunication network to the public telecommunication network (hereinafter referred to as technical conditions for connection), corresponding to these Rules, or a refusal to organize connection.

Refusal to organize connection can be made only on the grounds specified in paragraph 18 of these Rules and must be justified. Refusal to issue technical conditions for connection can be appealed to the Ministry of Communications of the Russian Federation, to a court or arbitration court.

18. An operator of a public telecommunication network, whose license provides for the possibility of connecting other telecommunication networks to its telecommunication network, does not have the right to prevent another operator, whose license allows the connection of its telecommunication network to the public telecommunication network, from establishing interaction with its telecommunication network.

Refusal may be caused by circumstances in which:

the telecommunication network to which connection is proposed does not have the technical ability to carry out such connection;

the organization of interaction between telecommunication networks contradicts the terms of licenses issued to operators or regulatory and technical documents on the construction of a public telecommunication network;

organization of connection is impossible due to any physical, topographical or other natural obstacles;

services provided by the operator of the attached (connected) telecommunications network may pose a threat to the security and defense of the state, health and safety of people;

the operator of the connected (connected) telecommunications network, without good reason, does not agree to the terms of connection that comply with these Rules, refuses to enter into an agreement or violates the terms of the concluded agreement on joint operator activity;

the operator of the connected (attached) telecommunications network uses the connection of its telecommunications network to the public telecommunications network for any illegal purposes or provides telecommunications services in an illegal way, including without a license or in violation of a license;

the operator of the connected (attached) telecommunications network builds its telecommunications network in violation of the requirements of section II of these Rules.

In each specific case, the refusal must be justified.

19. Technical conditions for connection and requirements for technical aspects of interaction of telecommunication networks are determined by the Ministry of Communications of the Russian Federation.

20. Technical conditions for connection to the public telecommunications network must be justified.

The connection of telecommunication networks to the public telecommunication network should be carried out taking into account the need for proportional development of the public telecommunication network in all its sections.

21. It is not allowed to include in the technical conditions for connection the construction of communication facilities and structures and the installation of equipment not related to the transmission of traffic from (to) the connected telecommunication network. The scope of work determined by the technical conditions for connection must comply with regulatory and technical documents on the construction of telecommunication networks.

When issuing technical conditions for connection, it is not allowed to force the operator of the connecting telecommunication network to transfer equipment, facilities and communication structures built to ensure the interaction of telecommunication networks at the expense of this operator, to the balance of the operator of the connecting telecommunication network.

According to the agreement between telecommunication network operators, it is allowed to include in the technical specifications for connection the construction of communication facilities and structures that are not related to the transmission of traffic from (to) the connected telecommunication network, the same cost as the work (or part thereof) carried out by the operator of the connecting network telecommunications in the interests of the connected telecommunication network.

22. In case of disagreement with the issued technical conditions for connection, the operator of the connected telecommunication network may appeal to the Ministry of Communications of the Russian Federation, a court or an arbitration court.

23. In cases where the telecommunication network was connected to the public telecommunication network before the entry into force of these Rules and the capacity of the telecommunication network and the technical means used on it interacting with the public telecommunication network were not subsequently changed, the technical conditions for connection are not must be reviewed, including in the event of a change in the owner and (or) operator of the telecommunication network.

It is allowed to clarify certain connection issues related to the development of the public telecommunications network in general or in a given region, determined by the Ministry of Communications of the Russian Federation.

If the state communications supervision bodies under the Ministry of Communications of the Russian Federation identify non-compliance of the connection of telecommunication networks with the regulatory and technical documents of the Ministry of Communications of the Russian Federation, the operator of the connecting telecommunication network, on the instructions of these bodies, must issue new technical conditions for connection to the operator of the connected telecommunication network in accordance with paragraphs 19- 21 of these Rules. The expenses arising in this case are borne by the interacting operators in the manner determined by the agreement between them.

24. When issuing technical conditions for connection, discrimination of some telecommunication network operators over others is not allowed.

25. Based on the technical conditions for connection, the operator of the connected telecommunication network must organize the development of project documentation for their implementation. The development of the specified documentation must be carried out by organizations that have a license to carry out design work, obtained in the prescribed manner in accordance with the legislation of the Russian Federation.

The design documentation must be agreed upon in the manner established for the design of a public telecommunications network.

26. In technically justified cases, the process of connecting to the public telecommunications network may be carried out in several stages. The phasing is determined by the agreed decision of the operators in accordance with the issued licenses and is indicated in the technical conditions for connection. Technical conditions and design documentation for the initial stages of work on connecting telecommunication networks must take into account subsequent stages.

The connection of the priority capacity of the connected telecommunication network at the first stage and additional capacity at subsequent stages is carried out after the full implementation of the relevant part of the technical conditions for connection and acceptance of works and objects in the manner determined by these Rules and other regulations and regulatory and technical documents.

27. An agreement must be concluded between telecommunication network operators participating in the connection process aimed at fulfilling mutual obligations for connection, taking into account the interests of users in providing them with quality telecommunication services and containing:

the volume of connection work performed and its distribution between interacting telecommunication network operators;

mutual obligations and responsibilities of the parties, including on issues affecting the quality of telecommunication services provided to users.

28. Connection to a public telecommunications network is considered to have taken place after full implementation of the technical conditions for connection (for the telecommunications network as a whole or for the corresponding stage of its development) and receipt of permission from the state communications supervision authorities under the Ministry of Communications of the Russian Federation to operate the telecommunications network.

. The procedure for interaction between telecommunication network operators in the process of providing telecommunication services

29. Relations between operators of interacting telecommunication networks that are part of the public telecommunications network are based on the following general provisions:

ensuring a unified technological process for providing telecommunication services and transmitting information within public telecommunication networks;

maximum use of design resources of telecommunication networks and ensuring their economic efficiency;

stimulating improvements in the quality of telecommunication services provided to users;

compliance with uniform pricing principles established by regulations and the basic provisions of tariff policy in the field of telecommunications, approved in the manner established by the legislation of the Russian Federation;

equal partnership based on taking into account the contribution of each party to the construction and operation of telecommunication networks and structures.

30. An agreement must be concluded between interacting telecommunication network operators participating in the unified technological process of providing telecommunication services to users, which, among other things, provides for:

the procedure for passing traffic of interacting telecommunication networks;

the procedure for mutual settlements for network resources and other services provided by telecommunication network operators to each other;

mutual responsibility of interacting telecommunication network operators for the quality of telecommunication services provided;

the procedure for compensation of material and moral damage to users of telecommunication services and telecommunication network operators in the event that the refusal to provide telecommunication services or deterioration in the quality of telecommunication services is caused by failure to fulfill or terminate the contract between two interacting telecommunication network operators;

the procedure for interaction between telecommunication network operators when making payments to users for telecommunication services;

the procedure for reviewing user complaints;

issues of interaction between operational and technical network management systems (telecommunications of technical operation centers).

31. When concluding agreements on interconnection, discrimination of some operators of connected telecommunication networks compared to others is not allowed.

32. In order to ensure a unified technological process for transmitting user information and in accordance with Articles 6 and 7 of the Federal Law "On Communications", the telecommunication network management systems of individual operators forming a specific public telecommunication network must provide the possibility of centralized management of this public telecommunication network and interconnected telecommunication network of the Russian Federation as a whole.

The procedure for managing a public telecommunications network is determined by the Ministry of Communications of the Russian Federation in agreement with the interested federal executive authorities.

Regulatory and technical documents defining the technology for managing a public telecommunication network, including with regard to the interaction of telecommunication networks of different operators, as well as technical and organizational requirements for telecommunication network management systems, are approved by the Ministry of Communications of the Russian Federation and are mandatory for all telecommunication network operators, interacting within the public telecommunications network.

The Ministry of Communications of the Russian Federation may authorize individual public telecommunications network operators to carry out operational technological management of the public telecommunications network in certain sections of the telecommunications network or in certain territories.

33. In order to ensure an integral technological process for the provision of services by public telecommunication network operators, the Federal Service of Russia for the Regulation of Natural Monopolies in the Field of Communications, together with the Ministry of Communications of the Russian Federation, establishes a unified procedure for mutual settlements between interacting telecommunication network operators included in the public telecommunication network.

Specific settlement prices (taxes) and tariffs for mutually provided communication services and technical means are determined by agreement between telecommunication network operators and are regulated in the manner established by the legislation of the Russian Federation.

34. In order to ensure operational technological and administrative management of the public telecommunication network, service telecommunications are organized on telecommunication networks.

In accordance with the International Telecommunications Regulations, approved by the International Telecommunication Union in 1988, international business telecommunications services are provided by international telecommunication network operators to telecommunication network operators of other countries free of charge on a reciprocity basis. The procedure for providing official telecommunications on public telecommunication networks is determined by the Ministry of Communications of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation and the Ministry of Economy of the Russian Federation.

35. If the quality of the telecommunication services provided does not comply with the current standards, interacting telecommunication network operators must immediately find out the reasons for such discrepancy and take measures to eliminate these reasons.

36. In the event of damage, overloads and other emergency situations on the telecommunication network, telecommunication network operators must immediately take coordinated measures to restore telecommunications and the quality of service to users.

37. Telecommunication network operators, when organizing interaction, must comply with the current rules for transmitting traffic in accordance with issued licenses and regulatory and technical documents of the Ministry of Communications of the Russian Federation.

38. In case of modernization of technical means, expansion of the capacity of the connected telecommunication network, connection of other telecommunication networks, receipt of a new license from the Ministry of Communications of the Russian Federation for the provision of telecommunication services, the operator of the connected telecommunication network must contact the operator of the connecting telecommunication network to clarify the technical conditions for connecting his telecommunication networks to the public telecommunication network.

Specification of technical conditions for connection is carried out in the manner prescribed by these Rules.

After the interconnection work has been completed in accordance with the new technical conditions, the interacting telecommunication network operators, if necessary, can clarify the interconnection agreement concluded between them.

39. The procedure for the provision of services and settlements with users for telecommunication services is determined by the rules for the provision of this type of service by a public telecommunication network, approved in the manner established by the legislation of the Russian Federation, and concluded agreements between users and telecommunication network operators.

A telecommunications network operator providing a certain type of telecommunications services may, on the basis of an agreement, authorize another telecommunications network operator or other individual or legal entity to handle payments for the telecommunications services provided. In this case, the telecommunication network operator bears responsibility to the consumer, as provided for by the legislation of the Russian Federation and the issued license, for the quality of the telecommunication services provided and compliance with the terms of the license.

40. Operators of local telephone networks and telephone networks of mobile subscribers must take measures to ensure that all users with access to the public telecommunications network have the opportunity to contact emergency operational services and emergency services of local telephone networks under the conditions established by Article 21 of the Federal Law " About communication."

In most countries - and in Russia too - the telecommunications regulator clearly divides all existing communication networks into public networks and private networks (corporate, professional, industrial and technological), and regulates their use in different ways. This is not surprising, since a public network is a network that can be accessed by any user, while a private network has access only to a limited group of people, usually employees of a particular private company. In most cases, the regulator does not have the right to apply any regulations at all to private networks unless part of the capacity of such networks is used by the public.

Technological communication networks

In particular, the Law “On Communications” of the Russian Federation (Article 15 “Technological communication networks”) states that “Technological communication networks are intended to support the production activities of organizations and manage technological processes in production. For example, information transmission networks through which video surveillance signals are transmitted throughout an enterprise, district or entire city are technological networks, private or dedicated. They do not provide paid services and do not require licensing. By creating its own intradepartmental network that provides video surveillance in Ufa or Volgograd, Perm or Nvosibirsk, the operator of such a network does not need special permits to provide services. But this does not relieve him of the obligation to implement this network in accordance with technical and technological standards.

Technologies and means of communication used to create technological communication networks, as well as the principles of their construction, are established by the owners or other owners of these networks.” That's right - by the owners, and not by the Ministry of Communications.

IP-based networks - like any other network - can be public or private. What we used to call the “Internet” is actually a complex collection of public networks and private networks, within which private networks are partially accessible to the public (for example, access to a company's Web site).

What is the Internet"?

The Internet can be characterized as a logical architecture that is independent of any particular network, but allows for the interconnection of many different networks in such a way that computers and people can communicate with each other without having any idea what network they are using or how information is sent to them. In other words, the Internet is a conceptual design that includes protocols and procedures that are then used by its constituent networks to connect with each other.

There have been many attempts in the press to answer the question posed in the title of this section. In ITU-T Recommendation Y.101 on Global Information Infrastructure Terminology, the International Telecommunication Union defines it as: “A collection of networks interconnected using the Internet Protocol, allowing them to function as a single large virtual network.”

In accordance with Part 1 of Article 12 of the Federal Law of July 7, 2003 No. 126-FZ “On Communications” (Law 126-FZ), the unified telecommunication network of the Russian Federation consists of telecommunication networks of the following categories located on the territory of the Russian Federation.

public communications network;
dedicated communication networks;
technological communication networks connected to the public communication network;
special purpose communication networks.

Public communications network

The public communications network is intended for the provision of paid telecommunications services to any user of communications services on the territory of the Russian Federation.

Based on this, we can conclude that the contract for the provision of communication services concluded by the public communications network operator is a public contract. According to Article 426 of the Civil Code (Civil Code), a public contract is an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services that such an organization, by the nature of its activities, must carry out in relation to everyone who turns to it (retail trade , transportation by public transport, communication services, energy supply, medical, hotel services, etc.). A commercial organization does not have the right to give preference to one person over another with regard to concluding a public contract, except in cases provided for by law and other legal acts. In addition, the price of communication services, as well as other terms of the public contract, are established the same for all consumers, with the exception of cases where the law and other legal acts allow the provision of benefits for certain categories of consumers.

A commercial organization's refusal to conclude a public contract if it is possible to provide the consumer with appropriate communication services is not allowed. If a commercial organization unjustifiably refuses to enter into a public contract, the other party has the right to apply to the court with a demand to compel the conclusion of the contract. A party that unreasonably evades concluding a contract must compensate the other party for the losses caused by this.

The public communications network includes:

telecommunication networks defined geographically within the service territory and numbering resource. The code of a geographically defined numbering zone is a part of the characters in the digital structure of the number that determines the location of the user (terminal) equipment within the territory of a constituent entity of the Russian Federation;
telecommunication networks that are not geographically defined within the territory of the Russian Federation and the numbering resource. The code of a geographically non-defined numbering zone is a part of the characters in the digital structure of a number that determines the type of telecommunication service or telecommunication network operating within the entire territory of the Russian Federation or part of it.

The telephone communication network includes:

fixed telephone networks, defined geographically within the service territory and using the numbering resource of geographically defined numbering zones;
mobile radio networks that are not geographically defined within the territory of the Russian Federation and use the numbering resource of geographically non-defined numbering zones;
mobile radiotelephone networks that are not geographically defined within the territory of the Russian Federation and use the numbering resource of geographically non-defined numbering zones;
mobile satellite radio networks that are not geographically defined and use the numbering resource of geographically non-defined numbering zones.

Communication networks, defined by the technology for implementing communication services, include:

data networks;
telegraph communication networks (including Telex networks);
communication networks for the distribution of television and radio broadcasting programs;
communication networks, determined by the technology for implementing the provision of communication services.

A public communications network is a complex of interacting telecommunication networks, including communications networks for the distribution of television and radio broadcasting programs.

Interaction of communication networks is possible when they are connected to each other. Connection of telecommunication networks is the establishment of technical and technological interaction of communication means of two communication networks, in which it becomes possible to pass traffic between these networks, bypassing other communication networks. Connection of television and radio broadcasting communication networks is the establishment of technical and technological interaction of communication means of two television and radio broadcasting communication networks, in which it becomes possible to transmit signals from television programs and (or) radio programs between these networks, bypassing other communication networks. Connection of telecommunication networks and their interaction are carried out on the basis of concluded agreements. The public communications network has connections to the public communications networks of foreign countries.

The television and radio broadcasting communication network is part of the public communication network, determined by the technology for implementing communication services, and includes:

terrestrial television and radio broadcasting networks;
cable television and radio broadcasting networks;
satellite television and radio broadcasting networks;
wired radio broadcasting networks.

Dedicated communication networks

In accordance with Part 1 of Article 14 of Law 126-FZ, dedicated communication networks are telecommunication networks intended for the provision of paid telecommunication services to a limited circle of users or groups of such users. This network operates only within a specified circle of users, and this is its main difference from the public communications network.

Dedicated communication networks can interact with each other, i.e. they can have attachment points and exchange traffic. An important condition is that this interaction can only take place between dedicated networks. In addition, for dedicated communication networks operating on the territory of the Russian Federation, requirements for the identification of communication networks, their nodes and terminal elements, including the significance of the number, are established independently by the operators of these communication networks, taking into account the recommendations of the Ministry of Communications and Mass Media of the Russian Federation.

Dedicated communication networks do not have connections to the public communication network, as well as to the public communication networks of foreign countries. A dedicated communication network can be connected to a public communication network only in one case - when it is transferred to the category of a public communication network, if the dedicated communication network meets the requirements established for a public communication network. In this case, the allocated numbering resource is withdrawn and a numbering resource is provided from the numbering resource of the public communication network.

Technologies and means of communication used to organize dedicated communication networks, as well as the principles of their construction, are established by the owners or other owners of these networks. This is also another difference between a dedicated communication network and a public communication network. For the latter, general universal rules apply, approved by the competent government bodies.

Communication operators of all categories of communication networks of the unified telecommunications network of the Russian Federation are required to create management systems for their communication networks that comply with the established procedure for their interaction.

In accordance with Part 2 of Article 14 of Law 126-FZ, the provision of communication services by operators of dedicated communication networks is carried out on the basis of appropriate licenses within the territories specified therein and using the numbering assigned to each dedicated communication network in the manner established by the federal executive body in the region communications.

There are two types of names of communication services included in licenses for carrying out activities in the field of providing communication services:

telephone services in a dedicated communication network;
mobile radio services in a dedicated communication network.

Legal advice under Art. 13 of the Law on Communications

Karina Kudryavtseva

Skylink demands through collectors to pay for a debt that did not exist.. Hello! I found myself in the following situation: I was a Skylink user (mobile Internet), contract since 2006, in 2008 I made a wired Internet connection, and refused Skylink services. The other day a letter arrived from a certain Lindorff LLC, registered in St. Petersburg, demanding payment of a Skylink debt in the amount of approx. 1000 rubles, otherwise court, damaged credit history and all that. I do not recognize the debt, the agreement was in advance. I would like to know how legal such demands are and what to do?

Lawyer's answer:
Same situation as mine. I will answer in order: 1. Collectors have no right to bother you at all. According to Art. 53 of the Law "On Communications", information about subscribers is confidential. It can only be transferred to third parties with a letter. subscriber's consent. There is also a new law “On Personal Data”, Article 7, the same thing. acc. from Art. 17 of this law, you can appeal Skylink’s illegal actions in court and demand compensation for moral damage. Or an application to the prosecutor's office, setting out the facts that qualify under Art. 13.11 Code of Administrative Offenses. In principle, it is possible to harass collectors, if they don’t give any documents (where the debt comes from, why so much, but they don’t have this, it’s been verified), and they also behave defiantly, then this is extortion, Article 163 of the Criminal Code. But you have to be careful with the cops, this is a last resort. But you can send a complaint to the prosecutor's office without leaving your chair. Just make sure that you did not give written consent to the transfer of the person. data to 3rd parties - collectors, for the purpose of debt collection. Although up to approx. In 2009, this wording was not included in the standard Skajevo agreement. 2. The legality of the debt. In fact, Skylink imposes 2 services on its subscribers at once - number preservation and credit. In the standard contract and appendix. 1 to him there is not a word about these services, but there is clause 8.2. according to which “the operator can change the conditions himself” and Art. 28 of the Law “On Communications”, which, from the point of view, allows them everything. However, if you open this article, you can see that it refers to Ch. “State regulation of activities - regulation of tariffs,” that is, out of place. On the other hand, the subscriber is protected by Art. 29 and 55 of the Rules for the provision of communication services. It says that a written contract must also be changed in writing, and not unilaterally. order with notification through the website that the subscriber is not obliged to pay for services not specified in the Agreement, and Article 16 of the Law “On the Protection of Consumer Rights” invalidates such terms of the agreement that infringe on the rights of the consumer in comparison with the rules established by law. That is, if the case suddenly comes to court, then you need to defend yourself using these links. 3. What to do: a. As I said, you can, I would even say, you need to write a complaint to the prosecutor’s office (from January 2010 they will begin to persecute very hard for non-compliance with confidentiality until it is closed), to Ropotrebnadzor and to Roskomnadzor. You can send it either registered or simply from the website. This will not solve your problem, but it will ruin the life of an unscrupulous oppressor and, perhaps, will save those who are still planning to send letters from the problems. b. Write a complaint to Skylink with the above motivation and request to cancel the debt and prohibit sending your data to. If you want, you can sue Skylink demanding compensation for moral damages that the collectors caused you with their letters and calls. Actually, you don’t even have to prove the illegality of the debt; the main thing is that you don’t want to receive letters from debt collectors. Sky will lose here, he has nothing to cover. d. theoretically, if the soul demands vengeance, and the rate of 1000 rubles is not too high, then you can file a lawsuit yourself demanding the cancellation of the debt, with reference to Article 16 of the Code of Criminal Procedure and Articles 29, 55 of the Rules. Conveniently, such claims are filed at the place of the plaintiff (you) before the magistrate, i.e., it’s as easy as shelling pears. But this is if you want to go to court, and the decision will be as luck would have it. Sorry for the “lots of letters”, I hope I answered all the questions. PS on LJ and VKontakte by key. In the words “skylink, court, collector” you will find the texts of claims and complaints. Good luck.

Klavdiya Anisimova

What is the punishment for hacking???. I need this for class!!!

Lawyer's answer:
. Unlawful access to computer information 1. Unlawful access to legally protected computer information, that is, information on computer media, in an electronic computer (computer), a computer system or their network, if this act entailed the destruction, blocking, modification or copying of information, violation of the operation of a computer, computer system or their network, is punishable by a fine in the amount of two hundred to five hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of two to five months, or by correctional labor for a period of six to one month. years, or imprisonment for a term of up to two years. 2. The same act, committed by a group of persons by prior conspiracy or by an organized group or by a person using his official position, as well as having access to a computer, a computer system or their network, is punishable by a fine in the amount of five hundred to eight hundred times the minimum wage or in the amount of wages or other income of the convicted person for a period of five to eight months, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to five years. Clause 1 Art. 24 of the Constitution of the Russian Federation says that “the collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.” Art. 63 of the Law “On Communications” contains a definition of communication secrecy: this is the secrecy of correspondence, telephone conversations, postal items, telegraph and other messages transmitted over telecommunication networks and postal networks. Telecom operators are required to ensure the confidentiality of communications (this includes your IP and email). Disclosure of communication secrets may result in the revocation of the license for telematics services of your provider; you just need to competently complain to ROSSVYAZNADZOR of the Russian Federation. For guilty illegal actions of the provider, you can be held administratively liable under Art. 13.11. Code of Administrative Offenses of the Russian Federation “Violation of the procedure established by law for the collection, storage, use or dissemination of information about citizens (personal data)” by filing an application with the court.

Vera Kuznetsova

Please help me how to file a claim against Svyaznoy. They gave incorrect information about the product. They gave incorrect information about the product. I didn't have time to read the instructions. But they assured me that everything I needed was here. When I got home I realized that I had been deceived. The next day I went to give it back, but they didn’t accept it. I left a complaint and a claim, but still received a refusal. I went to Consumer Rights Protection, they accepted my application and again a few weeks later received a letter of refusal. Apparently I should have read the instructions before purchasing. Now I want to fundamentally punish them.

Lawyer's answer:
You should not have studied the instructions in the store, because the seller should have explained to you the capabilities and main characteristics of the product. When considering consumer claims for compensation for losses caused by unreliable or insufficiently complete information about a product, it is necessary to proceed from the assumption that the consumer does not have special knowledge about the properties and characteristics of the product (clause 4, article 12). The seller is obliged to promptly provide the consumer with the necessary and reliable information about the goods, ensuring the possibility of their correct selection (clause 1, article 10). If the consumer was not given the opportunity to immediately obtain information about the product upon concluding the contract, he has the right to refuse to fulfill it within a reasonable time and demand a refund of the amount paid for the product and compensation for other losses. If he refuses to fulfill the contract, the consumer is obliged to return the goods to the seller (clause 1, article 12). The seller (performer) who has not provided the buyer with complete and reliable information about the product (work, service) bears responsibility under paragraphs 1 - 4 of Article 18 for defects in the product that arose after its transfer to the consumer due to his lack of such information (clause 2 , art.12). For violation of consumer rights, the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) bears responsibility provided for by law or contract (clause 1, article 13). If the court satisfies the consumer's requirements established by law, the court collects from the seller for failure to voluntarily satisfy the consumer's requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer (clause 6, article 13). Moral damage caused to a consumer as a result of a violation of consumer rights by the seller is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer (Article 15). The space in the response is limited, so I only had to briefly cite those essential points that can be used in the statement of claim. If public associations of consumers (their associations, unions) or local government bodies make a statement in defense of consumer rights, fifty percent of the amount of the collected fine is transferred to these associations (their associations, unions) or bodies (clause 6, art. 13).

Valeria Markova

Should all legal entities fill out a notification about the processing of personal data? For what? and what are the consequences? and if an enterprise has four licenses for different types of activities, then it is necessary to submit four notifications or what?

Lawyer's answer:
Article 22. Notification about the processing of personal data 1. Before starting the processing of personal data, the operator is obliged to notify the authorized body for the protection of the rights of personal data subjects of his intention to process personal data, except for the cases provided for in part 2 of this article. 2. The operator has the right to carry out, without notifying the authorized body for the protection of the rights of personal data subjects, the processing of personal data: 1) relating to personal data subjects who have an employment relationship with the operator; 2) received by the operator in connection with the conclusion of an agreement to which the subject of personal data is a party, if personal data is not distributed or provided to third parties without the consent of the subject of personal data and is used by the operator solely for the execution of the specified agreement and the conclusion of contracts with the subject of personal data; 3) relating to members (participants) of a public association or religious organization and processed by the relevant public association or religious organization operating in accordance with the legislation of the Russian Federation, to achieve the legitimate purposes provided for by their constituent documents, provided that personal data will not be disseminated without written consent of the subjects of personal data; 4) which are publicly available personal data; 5) including only the last names, first names and patronymics of the subjects of personal data; 6) necessary for the purpose of one-time entry of the subject of personal data into the territory where the operator is located, or for other similar purposes; 7) included in personal data information systems that, in accordance with federal laws, have the status of federal automated information systems, as well as in state personal data information systems created to protect state security and public order; 8) processed without the use of automation tools in accordance with federal laws or other regulatory legal acts of the Russian Federation that establish requirements for ensuring the security of personal data during their processing and for respecting the rights of personal data subjects.

Anna Melnikova

Question for lawyers. so how can I get an extract from the Unified State Register? The thing is that I need it to register the husband with whom I am going to divorce and I need to provide this extract to the court stating that the husband has his own area and they can give me an extract only if he provides his power of attorney but there’s no way he won’t give it to me if he finds out that I want to write him out

Lawyer's answer:
Don't talk nonsense! They must give you an extract without any power of attorney - the information in the Unified State Register is public. To do this, you only need a passport and a receipt for payment of the state fee of 200 rubles.
For example, they definitely won’t give you a certificate about the contents of title documents without a power of attorney. Here is an excerpt from the law regarding the extract:
Federal Law of July 21, 1997 N 122-FZ
(as amended on June 17, 2010)
"On state registration of rights to real estate and transactions with it"
(adopted by the State Duma of the Federal Assembly of the Russian Federation on June 17, 1997)
Article 7. Openness of information on state registration of rights
1. Information contained in the Unified State Register of Rights is publicly available (with the exception of information to which access is limited by federal law) and is provided by the body carrying out state registration of rights upon requests (hereinafter also in this article - requests for information) of any persons , including through mail, the use of public communication networks or other technical means of communication, by providing access to an information resource containing information from the Unified State Register of Rights.
Information contained in the Unified State Register of Rights is provided in the form of an extract from the Unified State Register of Rights or in another form determined by the regulatory body in the field of state registration of rights.
(as amended by Federal Law dated December 21, 2009 N 334-FZ)
An extract from the Unified State Register of Rights must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights, information about the legal claims existing at the time of issuance of the extract and the rights of claim in relation to this property declared in court.
(paragraph introduced by Federal Law dated December 21, 2009 N 334-FZ)

Anna Bolshakova

They refused warranty repairs. .Recently I bought myself a universal speaker for 990 rubles. , there were no instructions in Russian, no warranty card, 1 month warranty. After 2 days, her radio broke down. After the speaker was taken from me for examination, I was told that the breakdown was my fault, they say it took more than 3 hours to charge or the device was turned on while charging. In connection with this, I was denied warranty repairs. Can you please tell me what to do?

Lawyer's answer:
First, you need to calm down, since you have the opportunity to return the money for the column, regardless of whose fault the defect occurred. The reason is the failure to provide the necessary and reliable information about the product and the lack of operating instructions in Russian. According to paragraph 15 of the Rules for the sale of certain types of goods, the amount of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, tag, label, technical documentation) MUST COMPLY WITH THE REQUIREMENTS OF FEDERAL LAWS AND OTHER REGULATIONS ACTS of the Russian Federation, mandatory requirements of standards. Information about goods and their manufacturers is brought to the attention of buyers IN RUSSIAN, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation. If the seller, when transferring the goods, did not provide the consumer with instructions for using the product in Russian, he bears full responsibility for shortcomings resulting from improper operation, including losses incurred by the consumer due to the lack of such instructions. According to paragraph 4 of Article 12 of the PPL, when considering consumer claims for compensation for losses caused by unreliable or insufficiently complete information about a product, it is necessary to proceed from the assumption that the consumer does not have special knowledge about the properties and characteristics of the product. According to paragraph 2 of Article 12 of the PZPP, a seller who has not provided the buyer with complete and reliable information about the product is liable under paragraphs 1 – 4 of Article 18 of the PZPP for defects in the goods that arise after its transfer to the consumer due to the lack of such information. Based on the above, you have the right to demand from the seller (during the warranty period established by him) a refund of the amount paid in connection with a defect in the product that occurred as a result of improper operation due to the lack of operating instructions in Russian. What to do? Submit a written claim to the seller demanding a refund of the amount paid, based on paragraph 2 of Article 12 of the PPA. Since there is a conclusion about the presence of a defect, and there is a mention of improper operation, there are no obstacles to satisfying your claim from the Law. Samples of claims and recommendations for their preparation and delivery can be found here: /patterns/137/index.html If the seller begins to persist, you can inform him that in case of refusal, you will file a complaint with Rospotrebnadzor South-Western Administrative Okrug (SWAD), which will impose an administrative fine on the seller under Article 14. 8 Code of Administrative Offenses of the Russian Federation: Violation of the consumer’s right to receive necessary and reliable information about the product being sold entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - FROM FIVE THOUSAND TO TEN THOUSAND RUBLES. And this is also if the seller is lucky and is not fined under Article 14.15 of the Code of Administrative Offenses of the Russian Federation: Violation of the established rules for the sale of certain types of goods - entails a warning or the imposition of an administrative fine on citizens in the amount of three hundred to one thousand five hundred rubles; for officials - from one thousand to three thousand rubles; for legal entities - from ten thousand to thirty thousand rubles. In addition, you can inform the seller that you intend to go to court to protect your consumer rights, and in court the seller will have to pay a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer for failure to voluntarily satisfy the consumer’s requirements (clause 6, Art. 13). Rules for the sale of certain types of goods: /laws2/pravila-prod/ Chapter 14 of the Code of Administrative Offenses of the Russian Federation. Administrative offenses in the field of business activity: http://www.consultant.ru/popular/koap/13_15.html

Alexander Khromtsov

Can I, as an individual, receive an answer from Rosreestr regarding registered rights to real estate? organization that interests me.

Lawyer's answer:
The information contained in the Unified State Register of Rights is publicly available (with the exception of information to which access is limited by federal law) and is provided at the request of any person, including by mail, using public communication networks or other technical means of communication, by providing access to an information resource containing information from the Unified State Register of Rights. Information contained in the Unified State Register of Rights is provided in the form of an extract from the Unified State Register of Rights or in another form determined by the regulatory body in the field of state registration of rights. A fee is charged for providing information contained in the Unified State Register of Rights. (Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it”).
The fees for providing information contained in the Unified State Register of Rights to Real Estate and Transactions with It, issuing copies of contracts and other documents expressing the content of unilateral transactions concluded in simple written form are established by Order of the Ministry of Economic Development of the Russian Federation dated December 16, 2010 No. 650. (fee for an extract of registered rights to a property upon request at the location of the property for an individual – 200 rubles).
Please note that in accordance with paragraph 4 of Art. 7 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", the body carrying out state registration of rights is obliged, at the request of the copyright holder, to provide him with information about the persons who received information about the real estate object, on which he has rights.
P.S. As for the name - In pursuance of the Decree of the President of the Russian Federation in accordance with Federal Law dated 08.08.2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" an entry was made into the Unified State Register of Legal Entities on 03.23.2009 about the full and abbreviated name of the Federal State Service registration, cadastre and cartography (Rosreestr).

Alena Shcherbakova

Question about offices in residential apartments. According to Article 7.21 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - (as amended by the Federal Law of December 28, 2009 N 380-FZ) entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles. The situation is a multi-room residential apartment, one of the rooms is occupied by offices. The owner was never seen in person. The inspectorate came and drew up a violation report and that’s it. . They don’t know who to fine. In my opinion this is completely ineffective! What to do if the owner of the premises paid these crumbs, but nothing changes, the offices remain in the residential apartment. Are there effective ways to fight?

The public communication network is intended for the paid provision of telecommunication services to any user of communication services on the territory of the Russian Federation and includes telecommunication networks that are defined geographically within the service territory and numbering resource and are not defined geographically within the territory of the Russian Federation and the numbering resource, as well as networks communications determined by the technology for implementing the provision of communication services.

A public communications network is a complex of interacting telecommunication networks, including communications networks for the distribution of television and radio broadcasting programs.

The public communications network has connections to the public communications networks of foreign countries.

1.3 Dedicated communication networks

Dedicated communication networks are telecommunication networks intended for the provision of paid telecommunication services to a limited circle of users or groups of such users. Dedicated communication networks can interact with each other. Dedicated communication networks do not have connections to the public communication network, as well as to the public communication networks of foreign countries.

A dedicated communications network may be connected to a public communications network with transfer to the category of a public communications network if the dedicated communications network meets the requirements established for a public communications network. In this case, the allocated numbering resource is withdrawn and a numbering resource is provided from the numbering resource of the public communication network.

The provision of communication services by operators of dedicated communication networks is carried out on the basis of appropriate licenses within the territories specified therein and using the numbering assigned to each dedicated communication network in the manner established by the federal executive body in the field of communications.

1.4 Technological communication networks

Technological communication networks are designed to support the production activities of organizations and control technological processes in production.

If there are free resources of a technological communication network, part of this network can be connected to a public communication network with transfer to the category of a public communication network for the provision of paid communication services to any user on the basis of an appropriate license. Such affiliation is permitted if:

The part of the technological communication network intended for connection to the public communication network may be technically, or programmatically, or physically separated by the owner from the technological communication network;

The part of the technological communication network connected to the public communication network meets the requirements for the functioning of the public communication network.

A part of a technological communication network connected to a public communication network is allocated a numbering resource from the numbering resource of a public communication network in the manner established by the federal executive body in the field of communications.

The owner or other possessor of a technological communication network, after connecting a part of this communication network to a public communication network, is obliged to keep separate records of the costs of operating the technological communication network and its part connected to the public communication network.

Technological communication networks can be connected to technological communication networks of foreign organizations only to ensure a single technological cycle.

The Unified Telecommunication Network of the Russian Federation is a complex of technologically interconnected telecommunication networks of various categories on the territory of the Russian Federation. Public telephone networks The public field communication network is intended for