The Equipment Permit is issued upon submission of the Compatibility Conclusion. In case the numbering resource is required, the operator should obtain a relevant NCRC decision on the allocation of numbering resources. Additionally, installation of networks may require authorizations under planning rules, such as a construction permit. Activities related to design and installation of a telecommunications network, if performed by an operator without engaging a licensed contractor, would require obtaining a construction licence.
In this case, the operator might also be required to obtain a permit for performing particularly dangerous works relating to the installation of telecommunications equipment e.
Before installation of the networks an operator must conclude relevant lease or easement agreements with owners or users of the property where the infrastructure will be installed. Telecommunications licences and licences to use radio frequencies are not transferable. The numbering resource is also not transferable, except for the secondary transfer to telecommunications providers or customers.
Notably, the Frequency Law provides for "re-allocation" of radio frequencies upon a joint application of the operators using them. The term of a telecommunications licence is determined by the NCRC, and it should not be less than five years. The term of a frequency licence is also established by the NCRC and should not be shorter than that of the respective telecommunications licence.
Telecommunication Laws and Regulations Ukraine
The numbering resource is allocated for a period of validity of the telecommunications licence. There is no specific planning or zoning regime with respect to the installation of telecommunications infrastructure. However, such installation should comply with the general planning rules. As a general rule, the network owner should obtain a permit for network installation and a permit for construction works.
In certain cases, the network owner should also receive a conclusion of state expert examination regarding the project documents. The installed network is put into operation upon receipt of a relevant compliance certificate. Are there any proposals to mandate 'passive access' to such basic infrastructure? Under the Procedure of Access to the Electronic Communications Cable Duct approved by the NCRC on 23 July , the owner of a cable duct must provide access to the cable duct upon application of an operator or offer an alternative option.
The owner of the duct may refuse to provide access to the duct only if the requesting person has overdue debt for access to the cable duct or has failed to make the necessary corrections in the documents submitted to the owner of the duct. There are no rules requiring operators to share parts of their infrastructure other than cable ducts.
The recent amendments to the Telecom Law require a mobile operator to provide "national roaming" to subscribers of another mobile operator if there is a relevant agreement between such operators. This should permit subscribers to receive mobile communications services in the areas of Ukraine where their operator does not have coverage. The Telecom Law requires all telecommunications operators to provide interconnection to their telecommunications networks in all technically feasible interconnection spots that offer the throughput capacity which is adequate for the quality provision of telecommunications services.
Operators must also provide other telecommunications operators willing to enter into interconnection agreements with all information required for drafting such agreements, as well as to offer interconnection conditions which are not worse than those offered to other telecommunications operators. Does the national regulatory authority have jurisdiction to adjudicate and impose a legally binding solution? Operators must resolve interconnection disputes through negotiations.
If negotiations are not successful, any of the parties have the right to apply to the NCRC for pre-trial settlement.
Restrictions on foreign ownership
A party may turn to the NCRC for resolving a dispute, provided that there is no court decision or pending proceeding regarding the same dispute. The NCRC decision is legally binding on the parties of a dispute and may be reversed only by a court. The NCRC approves and, at least once per year, publishes in the official bulletin information on the offers of telecommunications operators, as to interconnecting with their telecommunications networks.
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Published offers should incorporate the list of existing interconnection points in telecommunications networks, organisational, economic and technical conditions of interconnection. Submission of such offers is mandatory only for operators with a dominant market position. Telecommunications operators are free to establish tariffs for accessing their networks on a contractual basis. However, the NCRC regulates interconnections involving dominant operators, including the technical, organisational and economic terms of interconnection and estimated tariffs for network access.
Generally, operators are not subject to accounting, functional or legal separation. However, an operator is precluded from acting simultaneously as a provider of the same type of telecommunications services. Thus, legal separation is required in cases where an operator wishes to render services in the capacity of a provider and vice versa. The distinction between a telecommunications operator and provider is outlined in question 2. Procedures for interconnection are technologically-neutral and do not specifically address the conditions for next-generation IP-based networks.
Are cable TV operators also so required? There is no such requirement with regard to owners of existing copper local loop access infrastructure. Are any 'regulatory holidays' or other incentives to build fibre access networks proposed? The law does not provide for any incentives in respect of next-generation access networks. Nor are there currently any proposals pertaining to a "regulatory holiday" in the telecommunications sphere. The NCRC approves maximum tariffs for universal telecommunications services. Such services include local telephony, universal access, calls to emergency services, reference information services and communication via public payphones.
1 Relevant Authorities and Legislation
The NCRC also sets maximum tariffs for lease of electrical communications channels by telecommunications operators with a dominant position in the market of such services. Besides general consumer protection regulations, the Rules for Provision of Telecommunications Services approved by the Cabinet of Ministers on 9 August , as amended the "Telecom Rules" , provide for specific requirements to the provision of telecommunications services.
The Telecom Rules inter alia provide for confidentiality of transmitted data, responsibility of providers and customers for damages, procedure for filing complaints, resolving disputes, billing and payments for rendered services, as well as issues related to the provision of services to certain categories of disabled people. The NCRC allocates telephone numbers and network identifying codes the numbering resource to telecommunications operators and issues respective numbering permits. An operator should start using the allocated numbering resource within the term which is indicated in the numbering permit and may not exceed three years.
The fee for allocation of the numbering resource depends on the allocated numbers their quantity, type, as well as allocated codes. The NCRC specifies the fee in its decision on allocation. The general regime for the allocation of telephone numbers is set forth in the Telecom Law and the National Numbering Plan approved by the Communications Ministry.
The NCRC defines specific procedures for allocation and use of numbering resources. In particular, certain codes are reserved for specific services, such as is allocated for toll-free calling, or is used for premium rate telephone services. Numbers , , , , and are assigned to the emergency services and may not be allocated to operators. An operator may apply to the NCRC for telephone number allocation after obtaining a licence for telephone services.
In respect of offences committed under OGRA by a body corporate, any director, manager, secretary or other similar officer of the body corporate will also be liable for the offence where it is proved that the offence has been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of the officer. In respect of land-based gambling, a wide variety of persons and entities can be held liable for breaches of the legislation.
By way of example, every person concerned in the organisation or management of illegal gaming is guilty of an offence, as is any person who takes part in any illegal gaming in a street or public place. The provision of unregulated supplies is not to be tolerated by the Commission. The matter would be investigated, the unregulated supplies seized and the parties would face potential prosecution.
While the Isle of Man is a self governing crown dependency with its own parliament and legislation, Acts of Parliament of England and Wales are, on occasion, extended to the Island. Other non-national laws would have little if any impact upon enforcement unless extended to apply to the Island. Online gambling contracts are enforceable by law, whereas contracts of gaming or wagering that are not made online are void and unenforceable.
MannBenham provides a comprehensive service for people in need of legal advice. Whatever legal service you require we have a specialist advocate or lawyer who can assist. The current regulations under this Act are: Bingo Nights Prescribed Conditions Regulations , which prescribe the conditions to be complied with where bingo is played as part of a fund-raising event.
Racing Nights Prescribed Conditions Regulations , which prescribe the conditions to be complied with by a lottery forming part of a fund-raising event. Gaming, Betting and Lotteries Society Lottery Advertisements Regulations , which provide how a registered charity as defined may advertise its fundraising lotteries. The Casino Act t section 11 2 provides that the GSC shall make regulations to prescribe the games that may be played in gaming rooms and to prohibit the playing of games not so prescribed. The following games are currently prescribed and may be played in gaming rooms of a casino: Roulette.
Punto banco. Gambling on horse races shown on film or video. Casino brag. Games of dice. Chemin de fer. Playing on automatic machines.
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Wheel of fortune. Super Pan 9. The following regulations are currently in force under the Casino Act Casino Licence Applications Regulations , which set out to whom an application for a casino licence should be made and matters which should be included in such a licence application; Casino Regulations , which, in addition to prescribing the games that may be played in the gaming rooms of a casino, also include provision relating to the administration, operation, financial provision, and enforcement and licensing of casinos; and Casino Temporary Premises Regulations , which describe the procedures and requirements in respect of temporary certificated premises.
With the exceptions of spread betting, all forms of online gambling are potentially licensable. Betting exchanges.
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Online casino games e. Live dealing. Peer-to-peer e. Mobile phone betting. Fantasy football. Financial trading but not spread betting. Pari-mutuel and pool betting. Network gaming. Certain spot-the-ball style games. Network services. OGRA also makes provision for regulations to be made under the Act by the Treasury in relation to various matters, for example in respect of: the principles and rules in accordance with which online gambling of any description shall be conducted; Sports book.
Application for a Licence and Licence Restrictions 2. Are personal and premises licences needed? Do key suppliers need authorisation? It is also necessary, pursuant to section 15 of GBLA, for a licensed bookmaker to hold a betting office licence for any premises at which he carries on, or represents himself as carrying on, the business of a bookmaker.
The offering of games at a casino requires a licence as set out at question 1.
What restrictions are placed upon any licensee? This veteran legal team has overseen thousands of successful projects and trained hundreds of talented lawyers. Founded in , the accomplished Ukrainian legal team has acted on over a thousand disputes, hundreds of corporate transactions, the first ever FCPA investigation in Ukraine, prominent criminal cases and so forth.
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