One of the main principles of licensing is publicity and openness. In connection with a number of questions acting into the department of licensing of the Communication and Information Agency of Uzbekistan, we open for our readers a rubric of «Licensing in questions and answers». To the questions set by licensees answers the head of the department of licensing and standardization Gataulina Almira Rafailovna. 1. With what the necessity of licensing in sphere of telecommunications is supported? To the licensing are liable such kinds of activity which realization can cause drawing of damage to the rights and legitimate interests, health of citizens and public safety. In the Republic of Uzbekistan the activity of licensing in sphere of telecommunication is carried out with the purpose of steady functioning maintenance of telecommunication networks, protection of interests of consumer’s services, maintenance of state safety, maintenance of actions coordination of all managing subjects who are carrying out activity in sphere of telecommunication, and the control over their activity. Licensing provides an opportunity of realization of uniform technical policy in sphere of telecommunication that is especially important for development and functioning of telecommunication networks as interconnected complex.
With the help of licensing the opportunity of granting equal conditions in competitive areas is reached.
Legal basis of licensing activity in sphere of telecommunication are laws of the Republic of Uzbekistan «About licensing of separate kinds of activity», «About telecommunications»,
«Regulations about activity of licensing in sphere of telecommunication», approved by the decision of the Cabinet Ministries of the Republic of Uzbekistan from 22.11.2000 ¹ 458 «About measures on perfection of control system in sphere of post and telecommunication», (with changes). 2. Who carries out licensing in sphere of telecommunication? Licensing in sphere of telecommunications is carried out by the Communication and Information Agency of Uzbekistan.
Reception and registration applications of licenses competitors for employment by kinds of activity in sphere of telecommunication, registration of license agreements and licenses, the organization of activities on their stay, determination, cancellation, and also the organization of carrying out of sessions of the License commission are realized with the department of licensing, certification and standardization (DLC and S) of the Communication and Information Agency of Uzbekistan. 3. What kinds of activity are licensed by the Communication and Information Agency of Uzbekistan? To the licensing activity in sphere of telecommunication is liable the activity on designing, construction, operation and providing of services of telecommunications. These kinds of activity can be carried out on the local networks, long distance networks, international networks, and mobile radio telephone communication networks, the personal radiocall networks, data transmission networks, and telebroadcasts distribution networks. 4. Is it possible to receive the license simultaneously on designing, construction, operation and providing of services of the data transmission network and on designing, construction, operation and providing of services of the local telecommunication networks? Competitors of licenses can have licenses on several networks of telecommunications. For example, to designing and construction of the local telecommunication networks and to designing and construction of the data transmission network. Also licenses can be received on one or several kinds of activity depending on carried out of works. For example, to providing of services of the long distance telecommunication networks or to designing, construction, operation and providing of services of the long distance telecommunication networks. 5. For what term it is possible to take the license? Licenses in sphere of telecommunications are given out for the term of not less than 5 years. Thus licenses for designing, construction, operation and providing services of the local, long distance, international networks, mobile radio telephone communication networks, personal radiocall are given out for the term of till 15 years. Licenses for designing, construction, operation and providing services of the data transmission networks and the telecasts distribution networks are given out for the term of 5 years. 6. What size of the state customs is paid for licenses? The sizes of the state customs on licenses depend on from what telecommunication networks, and in what kind of activity the enterprise will be engaged. The sizes of the state customs are defined according to the Decision of the Cabinet Ministries of the Republic of Uzbekistan «About the statement of the State Tax sizes of a to the right of realization activity in sphere of telecommunication» from 24.10.2001 ¹ 421, the Decision of the Cabinet Ministries of the Republic of Uzbekistan «About entering of partial changes into the decision of the Cabinet Ministries from 24.10.2001 ¹ 421» from 16.11.2001 ¹ 453, in view of term of licensed activity realization. The decision of the Cabinet Ministries of the Republic of Uzbekistan from 22.02.2006 ¹ 29
«About modification in the decision of the Cabinet Ministries from October, 24, 2001 N 421 «About the statement of the State Tax sizes on the right of realization activity in sphere of telecommunication» brings change in the order of payment of the state duty - with an output of the given decision the State Tax can be paid by annually equal shares during action of the license or can be paid at a time for all validity of the license. 7. What kinds of documents it is necessary to give for reception of the license? For the license reception it is necessary for license competitor to give the following documents into the department of licensing of CIA Uz:
- Application of the established form;
- for the legal persons - notarially verified copy of the certificate on the state registration of the legal person;
- copy of the payment assignment or check of gathering payment at a rate of five minimal wages for consideration of the application;
- list of used basic telecommunications means with the instruction of their characteristics, ranges and nominal of radio frequencies;
- the plan of the organization, forecast of network development;
- conclusion of corresponding bodies about conformity to the requirements of sanitary, fire norms and of object protection actions;
- rent contract of the equipment or its copy in case of use of the equipment belonging to other person.
Except of the above-mentioned documents some are required additional.
So, for example, for reception of the license for operation and providing networks services of TV distribution, broadcasts it is necessary to give notarially certified copy of the certificate on the state registration of the legal person into the Uzbek agency of press and information.
For the license reception of the activity, connected with the use of the radio communication means, conclusion of bodies on use and the control over the radio frequencies of the Republic of Uzbekistan about the opportunity of frequencies use with the instruction of the data on capacity of transmitting devices is necessary.
Procedure of licensing for providing services of data transmission by shared items (Internet - cafe, Internet - clubs) is made under the simplified circuit. It is necessary for competitors of the license to give into the department of licensing of CIA Uz:
- The application of the established form;
- For legal persons - notarially certified copy of the certificate on the state registration of the legal person;
- A copy of the payment assignment or the receipt on payment of gathering at a rate of five minimal wages for consideration of the application;
- The conclusion of corresponding bodies about conformity to requirements of sanitary, fire norms and actions of protection of object;
- The contract of rent of the equipment or its copy in case of use of the equipment belonging to other person. 8. In what term are considered the applications on reception of the license? Applications on reception of the license with all necessary documents are considered in time, not exceeding thirty days from the date of their reception. 9. In what case can be refused the license delivering? In delivering of licensing can be refused, if the documents given by the competitor of the license are made out by inadequate image or in documents there are doubtful or deformed data. To the competitor of the license can be refused also because of discrepancy of the competitor of the license to license requirements and conditions, and also conditions of competition.
10. Whether probably repeated consideration of the application at refusal in licensing?
If in the delivering of licensing refused, to the competitor of the license the notice on refusal in licensing in writing goes. In the notice the reasons of refusal and term during which the competitor of the license after elimination of lacks can present documents for repeated consideration are specified.
After elimination of lacks repeated consideration of the application is made in time, not exceeding ten days from the date of its repeated submission. If the application moves after the term specified in the notice on refusal, it is considered again sent, and for its consideration it is necessary to bring anew gathering at a rate of five minimal wages. 11. Our enterprise wants to open radio studio, what for this purpose it is necessary to make? With a view of maintenance of an effective utilization of a radio-frequency spectrum, the organization of the qualitative and highly artistic tele-radio broadcasting adequate to spiritual needs of citizens, to modern technical requirements and standards since February, 1, 2005 distribution of radio frequencies and delivery of individual licenses for the right of realization of activity on distribution (translation) television and broadcasts is carried out on a competitive basis. On our site the form of the application and the list of documents on competition on distribution of radio frequencies are submitted. The information on the announcement of competition is printed also in newspapers «Pravda Vostoka» and «Halq so’zi». For consideration of an opportunity of inclusion of frequencies interesting the competitor in competition, to him{it} the letter can be directed to the State commission on radio frequencies with the instruction{indication} of frequencies, a kind of activity (broadcasting, telecasting), the equipment assumed to use. 12. The private concern wants to open Internet - cafe, whether it can work with the license given to other private concern? It cannot, as activity on which realization the license is given, it can be carried out only by the legal person who has received this license. Transfer of licenses or the rights on them is forbidden to other persons. This condition is determined in the Law of the Republic of Uzbekistan «About licensing of separate kinds of activity» and «Regulations about licensing activity in sphere of telecommunication», authorized by the decision of the Cabinet Ministries of the Republic of Uzbekistan from 22.11.2000 ¹ 458 «About measures on perfection of control system in sphere of post and telecommunication». For specification of the information it is necessary to address into the Department of licensing and standardization of the Communication and Information Agency of Uzbekistan (phones: 138-41-37, 138-41-39, 138-41-85; e-mail: deplicense@aci.uz) and the State commission on radio frequencies (phones: 138-41-78, 138-41-79; e-mail: gkrch@aci.uz).
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