Text of decree of the government of the Russian
Federation of 6th August, 1998, No 895, Moscow: “On Approval of the
Statute on Payment for the Use of the Radio Frequency Spectrum in the Russian
Federation,” as published by the Russian newspaper ‘Rossiyskaya Gazeta’:
The government of the Russian Federation hereby
decrees:
The appended Statute on Payment for the Use of the
Radio Frequency Spectrum in the Russian Federation shall be approved.
[Signed] Chairman of the government
of the Russian Federation S. Kiriyenko
Statute on Payment for the Use of the Radio Frequency
Spectrum in the Russian Federation
1. The present statute establishes the basic
principles and general conditions for payment for the use of the radio
frequency spectrum, frequency appropriation, and the radio frequency channel
(hereinafter referred to as the radio frequency spectrum) for all organizations,
irrespective of their form of ownership, and individual entrepreneurs who
use radioelectronic equipment on the territory of the Russian Federation
for commercial purposes in order to render the communications services
envisioned by the decree of the government of the Russian Federation of
2nd June, 1998, No 552, “On Introducing Payment for the Use of the Radio
Frequency Spectrum.”
2. The radio frequency spectrum shall be exclusively
a state resource. Payment for the use of the radio frequency spectrum
shall be established separately for each permit for the use of the radio
frequency spectrum. The transfer of the use of the radio frequency
spectrum to organizations, irrespective of their form of ownership, or
to individual entrepreneurs for possession or indefinite continuous use
shall be prohibited.
3. The right of an organization, irrespective
of its form of ownership, or an individual entrepreneur to use the radio
frequency spectrum may not be transferred to other individuals or legal
entities unless otherwise stipulated by normative legal acts of the Russian
Federation.
4. The amount of the payment for use of the
radio frequency spectrum shall be established annually.
5. Organizations, irrespective of their form
of ownership, and individual entrepreneurs using radio frequency spectrums,
whose permits for their use have not been obtained on a competitive basis,
must before 1st September, 1998 make the annual payment set in the amount
of twice the rate for services for administration of the use of the radio
frequency spectrum developed by the service for government oversight over
communications in the Russian Federation and approved by the federal service
of Russia for regulation of natural monopolies in the area of communications
in compliance with the decree of the government of the Russian Federation
of 7th March 1997, No 265, “On Regulation of Rates for Communications Services
and Approval of the Basic Provisions for State Regulation of Rates for
Services of Generally Accessible Electronic Communications on the Federal
and Regional Levels.”
Payment for the use of the radio frequency spectrum
shall be made to agencies of the service for state oversight of communications
in the Russian Federation annually or quarterly, in equal portions no later
than the fifth day of the first month of the quarter.
Said payment shall be distributed as follows:
Fifty per cent shall be forwarded as reimbursement
for costs of the state service for oversight over communications in the
Russian Federation for administration of the use of the radio frequency
spectrum;
Fifty per cent shall be forwarded to the state budget.
Agencies of the state service for oversight over
communications in the Russian Federation shall make a point of transferring
the corresponding amounts to the federal budget no later than three days
after they are received.
6. Violation of the procedure envisioned by
the present statute for making payments for the use of the radio frequency
spectrum shall be grounds for suspension of the licence to grant communications
services involving the use of the radio frequency spectrum.
‘Rossiyskaya Gazeta,’ Moscow, August 18, 1998