Federal Law of the Russian Federation «On Communications».
RUSSIAN FEDERATION
FEDERAL LAW N 15-FZ
«On Communications»
Adopted by the State Duma on January 20, 1995
This Federal Law establishes the legal basis for activities in the field of communications carried out under the jurisdiction of the Russian Federation (federal communications, hereinafter referred to as communications), defines the powers of government bodies to regulate the said activities, as well as the rights and obligations of individuals and legal entities participating in the said activities or using communications services.
Federal communications include all networks and structures of electrical and postal communications on the territory of the Russian Federation (with the exception of in-house and technological communications networks).
Chapter I. General Provisions
Article 1. Purpose of Communication
Communications are an integral part of the production and social infrastructure of the Russian Federation and function on its territory as an interconnected production and economic complex designed to meet the needs of citizens, state authorities (administration), defense, security, law enforcement in the Russian Federation, individuals and legal entities in the services of electric and postal communications.
Communication facilities together with computer technology constitute the technical basis for ensuring the process of collecting, processing, accumulating and disseminating information.
Development and provision of stable and high-quality communication services are the most important conditions for the development of society and the activities of the state.
Article 2. Basic terms used in this Federal Law
For the purposes of this Federal Law, the following basic terms are used:
electrical communication (telecommunications)— any transmission or reception of signs, signals, written text, images, sounds by wire, radio, optical and other electromagnetic systems;
postal communication — the receipt, processing, transportation and delivery of postal items, as well as the transfer of funds;
telecommunication networks— technological systems that provide one or more types of transmission: telephone, telegraph, facsimile, data transmission and other types of documentary messages, including the exchange of information between computers, television, sound and other types of radio and wire broadcasting;
interconnected communications network of the Russian Federation — a complex of technologically interconnected telecommunications networks on the territory of the Russian Federation, provided with common centralized management;
public communications network— an integral part of the interconnected communications network of the Russian Federation, open for use by all individuals and legal entities, the services of which cannot be refused to these individuals;
departmental communications networks— telecommunication networks of ministries and other federal executive bodies created to meet production and special needs, having access to the public communications network; internal production and technological communication networks — telecommunication networks of federal executive bodies, as well as enterprises, institutions and organizations created to manage internal production activities and technological processes, not having access to the public communications network;
dedicated communication networks — telecommunication networks of individuals and legal entities not having access to the public communications network;
communications enterprises, institutions and organizations (hereinafter referred to as — communications enterprises)— legal entities, regardless of their form of ownership, providing electric or postal communication services to individuals and legal entities as their main activity;
state communications enterprise — a communications enterprise that is federal property or the property of a constituent entity of the Russian Federation;
communications operator — an individual or legal entity entitled to provide electric or postal communication services;
communication services— product of the activity on reception, processing, transmission and delivery of postal items or telecommunication messages;
communications users — individuals and legal entities who are consumers of communication services;
license — document establishing the powers of individuals and legal entities in accordance with this Federal Law and other legal acts to carry out activities in the field of communications;
certificate— a document confirming that properly identified equipment or communication service meets the requirements of regulatory documents;
terminal equipment — technical means for generating telecommunication signals connected to subscriber lines and used by subscribers for transmitting or receiving information specified by subscribers via communication channels;
communication means— technical means used to generate, process, transmit or receive telecommunications messages or postal items;
postal items — letters and postcards, small parcels, packages, parcels, postal containers, printed publications in appropriate packaging.
Article 3. Scope of this Federal Law
This Federal Law shall apply to relations connected with the activities on provision of services and performance of works in the field of communications, in the implementation of which state authorities, communications operators, individual officials, and communications users participate.
With respect to communications operators located outside the Russian Federation and carrying out their activities in accordance with the legislation of foreign states, this Federal Law shall apply only in the part regulating the procedure for their provision of communications services on the territory of the Russian Federation.
Article 4. General regulation in the field of communications
This Federal Law defines the basic provisions on communications in the Russian Federation.
Relations in the field of communications not regulated by this Federal Law are regulated by other federal laws and other legal acts adopted in the Russian Federation, as well as laws and other regulatory legal acts of the subjects of the Russian Federation within the limits of their authority.
Regulatory acts and orders on issues of regulation of communication network management, organizational and technical support for the stable functioning of communication networks, as well as technical operation of communication facilities, issued by federal executive bodies in the field of communication, are mandatory for all individuals and legal entities providing communication services or using them, regardless of their location and form of ownership.
The Government of the Russian Federation and the federal executive bodies authorized by it in the field of communications are responsible for the general regulation of communications in the country.
Article 5. Principles of activity in the field of communications
Activities in the field of communications are carried out on the basis of:
equality of rights of individuals and legal entities to participate in activities in the field of communications and the use of their results;
combination of the interests of the Russian Federation and the subjects of the Russian Federation;
freedom of transmission of messages via telecommunication networks and means, freedom of postal items and transit of mail throughout the territory of the Russian Federation;
observance of the interests of communications users; development of entrepreneurial activity and limitation of monopolistic activity in the conditions of existence of various forms of ownership of networks and means of communication;
ensuring reliability and controllability of communications taking into account its network technological features based on uniform standards in the territory of the Russian Federation in accordance with recommendations of the International Telecommunication Union and the Universal Postal Union;
ensuring the priority of production of communications equipment in the Russian Federation in accordance with the state scientific and technical policy;
implementation of world achievements in the field of communications, attraction and use of foreign material and financial resources, advanced foreign technology and management experience;
assistance in the expansion of international cooperation in the field of communications and the development of worldwide communications;
accountability and controllability of communications enterprises to federal executive bodies;
release of federal executive bodies in the field of communications from economic functions.
In accordance with Article 56 of the Constitution of the Russian Federation and Article 13 of this Federal Law, in conditions of a state of emergency throughout the territory of the Russian Federation and in its individual localities, in the manner established by Federal Constitutional Law, the effect of paragraphs one and three of Part One of this Article may be limited.
Chapter II. Communication Networks
Article 6. Interconnected Communication Network of the Russian Federation
The interconnected communication network of the Russian Federation is a complex of technologically interconnected public and departmental telecommunications networks on the territory of the Russian Federation, provided with common centralized management, regardless of departmental affiliation and form of ownership.
The development and improvement of the interconnected communications network of the Russian Federation is carried out taking into account the technological unity of all networks and telecommunications facilities in the interests of their comprehensive use, increased efficiency and sustainability of operation.
The state, in accordance with the federal program for the development of the interconnected communications network of the Russian Federation, at the expense of the federal budget and budgets of the constituent entities of the Russian Federation, provides support to communications enterprises in the implementation of federal and regional programs, the implementation of measures to improve the reliability of the interconnected communications network of the Russian Federation and the creation of a mobilization reserve of communications equipment and cable products, ensuring the development of all types of communications networks included in the said network.
Article 7. Public communications network
The public communications network as an integral part of the interconnected communications network of the Russian Federation is intended to provide communications services to all individuals and legal entities on the territory of the Russian Federation and includes all telecommunications networks under the jurisdiction of the Russian Federation, except for dedicated and departmental communications networks, regardless of their affiliation and form of ownership. Responsibility for the functioning and development of the public communications network is assigned to the federal executive authorities in the field of communications.
When constructing and equipping a public communications network, the requirements for ensuring the reliability of the said network when exposed to destabilizing factors are taken into account.
Article 8. Departmental communications networks, dedicated communications networks of individuals and legal entities
Departmental communication networks are created and operate to meet the production and special needs of federal executive bodies, are under their control and are operated by them. Departmental communication networks may also be used to provide communication services to the population and other communication users. The integration of departmental communication networks with the public communication network is carried out on a contractual basis, subject to ensuring that the technical means and communication structures of departmental communication networks comply with the requirements and technical standards established for the public communication network, and a license is obtained in accordance with Article 15 of this Federal Law.
Dedicated communication networks on the territory of the Russian Federation may be created by any individuals and legal entities, including foreign investors, having a recognized legal status. The provision of communication services by operators of dedicated communication networks is subject to the licensing requirement in accordance with Article 15 of this Federal Law.
When dedicated communication networks are connected to a public communication network, the said networks are transferred to the category of a public communication network.
The procedure for interfacing departmental and dedicated communications networks with the public communications network shall be established by the Government of the Russian Federation.
Article 9. Communication networks for the needs of management, defense, security and law enforcement in the Russian Federation
Government communications are provided by specially authorized bodies, determined by the President of the Russian Federation. The said bodies provide special types of communications to state authorities of the Russian Federation and organizations, implementing, within the limits of their authority, the safety of state secrets. The rights and obligations of the bodies of the said communications are determined by the legislation of the Russian Federation.
Communications for the needs of defense, security and law enforcement in the Russian Federation are provided by the communications agencies of the relevant federal executive bodies. They are granted the right, without prejudice to their core business, to use the networks and communications facilities under their jurisdiction to transmit or receive messages from communications users for commercial purposes. In this case, the provision of communications services is subject to the licensing requirement in accordance with Article 15 of this Federal Law.
Channels of the public communications network and departmental communications networks for the needs of management, defense, security and law enforcement in the Russian Federation are provided on a lease basis in the manner prescribed by the legislation of the Russian Federation. The procedure for preparing and using the public communications network for the needs of management, defense, security and law enforcement in the Russian Federation is determined by the legislation of the Russian Federation.
Federal executive bodies in the field of communications, communications bodies of other federal executive bodies, communications operators regardless of their form of ownership are obliged to ensure priority provision of communications channels for the needs of management, defense, security and law enforcement in the Russian Federation and to take priority and urgent measures to replace communications channels or restore them in the event of damage.
Article 10. Postal communications
The postal service under the jurisdiction of the Russian Federation is a single technological network of institutions and vehicles that ensure the receipt, processing, transportation and delivery of postal items, the transfer of funds, and also organize, on a contractual basis, the forwarding, delivery and distribution of periodicals, the delivery of pensions, benefits and other targeted payments.
Freedom of postal items and mail transit is guaranteed throughout the territory of the Russian Federation.
State institutions of postal service, special communication and federal courier service form a single postal territory for the mutual exchange of postal items.
The activities of the postal service in the Russian Federation and the federal courier service are regulated by federal laws.
The postal service also includes the courier and postal service units of the Ministry of Defense of the Russian Federation.
The state provides economic support at the expense of the federal budget development and functioning of postal services, provides social protection for its employees.
Postal services may be provided by non-state postal enterprises on the basis of licenses issued in the established manner.
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