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Corporate law License for the radio frequency resource of Ukraine

Taras Miroshnychenko

Head of practice

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miroshnychenko@prikhodko.com.ua

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Head of Corporate Law and Fintech Practice. Expert in the creation and reorganization of companies, support of M&A transactions, as well as legal support for opening and running a business in the EU, Asia, and North America.

License for the radio frequency resource of Ukraine

The radio frequency resource (RFR) of Ukraine is a limited and strategically important resource that is used to ensure communications, telecommunications and other sectors of the economy.

The use of this resource requires compliance with strict requirements and obtaining relevant licenses, which are regulated by the Law of Ukraine “On the Radio Frequency Resource of Ukraine”, as well as other regulatory acts.

The legal company “Prikhodko and Partners” offers to consider in detail the issue of obtaining a license for the use of a radio frequency resource, the main conditions, the necessary documents and the terms of obtaining it.

What is a radio frequency resource?

A radio frequency resource is a part of the electromagnetic spectrum used to transmit radio signals. It is a national treasure of Ukraine and is under the control of the state.

The management and distribution of radio frequencies is carried out by the National Commission for State Regulation in the Field of Communication and Informatization (NCRZI).

HRD is used for telecommunications, radio and television broadcasting, mobile communications, satellite communications, as well as for ensuring the security of the state and citizens.

Conditions for obtaining a license for a radio frequency resource

In order to carry out activities related to the use of HRD, legal entities and individuals must obtain a license confirming the right to use certain frequencies within the framework of the conditions defined by the state.

To obtain a license, a number of conditions must be met:

Registered business activity

The applicant must be a legal or natural person-entrepreneur who has the appropriate organizational structure and capabilities to carry out activities using HRD.

Availability of technical support

It is necessary to have appropriate equipment that meets safety standards and regulations and ensures efficient use of frequencies.

Compliance with legislation

All activities related to the use of radio frequency resources must comply with the norms and requirements of current legislation, including technical regulations and environmental standards.

Personnel qualifications

Specialists who will be involved in the use of radio frequencies must have appropriate qualifications and experience in this field.

It will also be useful: License to carry out activities in the field of television and radio broadcasting

Necessary documents for obtaining a license

Obtaining a license for a radio frequency resource requires the submission to the NKRZI of a certain package of documents that confirms the applicant’s right to use the radio frequency resource.

The main documents that must be submitted to the regulator include:

Application for obtaining a license.It should contain detailed information about the applicant, the purpose of using the radio frequency resource, the geographical area and the technical characteristics of the equipment.
Constituent documents.For legal entities, these are statutory documents (statutes, an extract from the EDR), and for individual entrepreneurs – a copy of the Extract from the EDR on state registration.
Technical project.Documentation confirming the applicant’s technical ability to ensure the use of HRD in accordance with technical requirements and standards. It can be a project of a network that will use frequencies, or a technical justification for the use of certain frequencies.
Agreement with equipment suppliers.If the equipment for the use of the radio frequency resource will be purchased from third-party suppliers, it is necessary to provide copies of agreements or contracts with them.
Financial documents.NKRZI may request financial documents confirming the applicant’s ability to pay for the use of the HRD and fulfill obligations related to equipment maintenance.
A copy of the license to carry out telecommunications activities.If the applicant already has a license for certain types of telecommunication activities, a copy of it must be provided.
A document confirming the payment of state duty.A license to use a radio frequency resource is granted subject to the payment of the corresponding state fee, the amount of which is established by law and may change.

Terms of obtaining a license

The procedure for obtaining a license for a radio frequency resource has clearly defined terms. After submitting all the necessary documents, the NKRZI checks them and makes a decision on granting a license.

The standard term for considering an application is up to 30 calendar days from the moment of submission of documents. In case of need for additional verification or obtaining additional information, this period may be extended, but not for more than 10 days.

After receiving a positive decision on the issuance of a license, the applicant is given another 30 days to pay the corresponding fee. If payment is not made on time, the decision to grant a license may be revoked.

The cost of the license

The cost of a license for a radio frequency resource depends on a number of factors, such as frequency range, geographical coverage, number of radio frequencies and other conditions. You can find out the exact amount when submitting an application, as it is regulated by special legal acts.

Liability for violation of the conditions of use of the RCHR

Violation of the terms of use of the radio frequency resource, including exceeding the established technical parameters or using frequencies without a proper license, may result in administrative liability, fines or even revocation of the license.

The legal company “Prikhodko and Partners” offers professional assistance in the preparation of documents, support in procedures for obtaining a license for a radio frequency resource, and consultations on issues of compliance with legislation in the field of telecommunications.

Obtaining a license for a radio frequency resource in Ukraine is a complex process that requires careful preparation of documents, technical support and compliance with legal requirements.