January 2024
The Plan for the Allocation and Use of the Radio Frequency Spectrum of Ukraine[1] (the “Plan”) and Conditions of Licencing for the Use of the ‘L02’ Radio Frequency Spectrum[2] (the “Licensing Conditions”) have recently come into force in Ukraine.
The Plan and Licensing Conditions are developed in compliance with Ukraine’s existing undertaking to bring its legislation into line with applicable EU regulations. Specifically, the Plan aims to optimize and harmonize spectrum usage, consolidate the spectrum licensing regime, clarify frequencies assignment and lay the groundwork for the introduction of new technologies in Ukraine.
Frequency Allocation Plan
The Plan is developed in compliance with the Law of Ukraine “On Electronic Communications” and replaces two outdated regulations, namely the “Plan for the Use of the Radio Frequency Resources of Ukraine” (approved via Resolution of the Cabinet of Ministers of Ukraine No. 815, dated 9 June 2006), and the “National Table for the Allocation of Radio Frequency Bands in Ukraine” (approved via Resolution of the Cabinet of Ministers of Ukraine No. 1208, dated 15 December 2005).
The Plan comprises two sections:
Section 1 “National Table of Radio Frequency Bands Allocation in Ukraine" which allocates radio frequency bands to radio services in Ukraine on a primary or secondary basis and defines which bands are for general use and which belong to special-use bands. Special-use bands are designated for radio electronic equipment used by special users such as the military and other state bodies as defined by law.
The structure of Section 1 is as follows:
|
Lower limit of radio frequency band |
Upper limit of radio frequency band | Radio communication services to which the relevant radio frequency band is allocated and note numbers in accordance with ITU Radio Regulations for Area 1 which includes Ukraine | Radio communication services to which radio frequency band is allocated and national note numbers in Ukraine |
Allocation of radio frequency bands for special-use and general-use bands |
Section 2 “Radio Technologies in Use” contains a list of radio technologies which can be used in Ukraine by general and special users; it also defines the type of radio services to which they correspond and the bands in which such technologies can be used. Section 2 also defines which national standards and international regulations are applicable to the respective technologies and the particularities of use of these technologies (e.g. use under a general authorization principle, licensed use, necessity of performing an electromagnetic assessment). For certain technologies a deadline for duration of usage is established.
The structure of Section 2 is as follows:
|
Radio technology |
Radio service | Type of radio communication | Basic standards | Main general standards | International legal regulations | Radio frequency band | Particularities of technology usage |
Deadline for use of radio technology |
The Plan contains three annexes:
Annex 1 contains definitions of the national notes which establish the particularities for radio frequency usage by particular radio services. Such notes are used throughout the text of Section 1.
Annex 2 specifies the particularities of usage for the 56.025 - 157.925 MHz and 160.625 - 162.025 MHz radio frequency bands by the maritime mobile radio service during the application of “Radio communication for shore and ship stations” radio technologies.
Annex 3 specifies the particularities of use for the 150.05 - 168.5 MHz radio frequency bands by general user mobile radio services.
Licensing Conditions Regarding Non-Exclusive Rights for the use of Radio Frequencies
An L02 license grants non-exclusive rights for the use of the radio frequency band. A band, or a part thereof, may be used within the same region by several users, provided that the electromagnetic compatibility of the radio equipment is ensured.
The Licensing Conditions establish the following main requirements for radio spectrum users:
- usage of radio frequency band(s) based on the conditions specified in the given license;
- compliance with applicable requirements for the use of the radio technologies under the Plan;
- compliance with applicable requirements for service quality and the efficient use of the radio frequency spectrum established by the Ministry of Digital Transformation;
- compliance with statutory requirements for the operation of radio equipment, including requirements on the protection of the population from the effects of radio equipment electromagnetic radiation;
- the prevention of radio interference with the radio equipment, radiating devices and radio-electronic means of both general and special users;
- the timely and complete payment of licencing/rental fees for the use of the radio frequency spectrum;
- the timely submission of statutory regulatory reporting;
- ensuring adherence to other statutory requirements applicable for the right to use the radio frequency spectrum.
Unlike the previous licensing framework, the new Licensing Conditions do not establish any qualification or organizational requirements for Licensees.
For further information please contact Anastasiya Bolkhovitinova, Partner, at Anastasiya.Bolkhovitinova@kinstellar.com or Larysa Gorbunova, Associate, at Larysa.Gorbunova@kinstellar.com, +380 44 490 9575, www.kinstellar.com.
[1] The “Plan for the Allocation and Use of the Radio Frequency Spectrum of Ukraine”, approved via Resolution of the Cabinet of Ministers of Ukraine No. 1340, dated 19 December 2023, came into force on 27 December 2023.
[2] The “‘L02’ Conditions of Licensing for the Use of the Radio Frequency Spectrum”, approved by Order of the National Commission for the State Regulation of Electronic Communications, the Radiofrequency Spectrum and the Provision of Postal Services (NCEC) No. 5, dated 3 January 2024.
