National Commission for State Regulation of Electronic Communications and Radio Frequency Spectrum

History

2021

Adoption of the law, document

In mid-December 2021, the Verkhovna Rada of Ukraine adopted a law on the creation of a National Commission implementing state regulation in the field of electronic communications, radio frequency spectrum and postal communications of Ukraine (National Communications). The initiative was supported by 296 people's deputies with the necessary 226 votes.

This is the new regulator of the Internet and mobile communications, which will replace the National Commission implementing state regulation in the field of communications and informatization (NCRSI). Persons serving as head and members of the NCRI on the day of entry into force of the law will continue to exercise their powers for a period representing the difference between six years and the term of office until the day of entry into force of the law.

Ukraine has created a new regulator for the Internet and mobile communications

According to the text of the document, the National Communications Committee will be selected through an open competition. The competition commission organizes and conducts the competition. At the same time, the composition of the commission, as well as the procedure and conditions for the competition, is approved by the Government of Ukraine. A member of the regulatory body is appointed by order of the Cabinet of Ministers. The work of the National Communications Committee and its apparatus will be financed from the state budget.

The candidate for the position of a member of the National Communications Committee must, among other things, be fluent in the state language, have qualifications, experience, in particular in the field of electronic communications, radio frequency spectrum and the provision of postal services necessary for the performance of his duties and the exercise of the powers of a member of the regulatory body, to speak a foreign language, which is one of the official languages ​ ​ of the Council of Europe, be a citizen of Ukraine.

The term of office of members of the national liaison is six years. The same person cannot be a member of the National Commission for more than two consecutive terms.^[1]

Creation of a commission

At the end of October 2021, it became known about the creation in Ukraine of a new regulator of the telecommunications industry. It will be called the National Commission, which implements state regulation in the fields of electronic communications, radio frequency spectrum and the provision of postal services.

The new structure will replace the National Commission for State Regulation in the Field of Communications and Informatization (NCRI). The corresponding bill was supported by 230 deputies of the Verkhovna Rada.

A new telecom regulator is being created in Ukraine

According to the Ministry of Digital Transformation of Ukraine, the approved regulator will perform the following functions:

• Identify and provide settlements without Internet, mobile communications;
• carry out state supervision (supervision) of the activities of operators/providers and postal service providers;
• extrajudicial settlement of disputes between consumers and operators/providers and extrajudicial settlement of disputes regarding access to infrastructure;
• Monitor the quality of electronic communication services.

The Ministry of Digital Affairs noted that the consolidation of the legal status of the regulatory body at the legislative level, its powers and independence fully corresponds to European approaches. This will create the prerequisites for Ukraine to enter the Single European Digital Market, since the field of electronic communications is the basis for the development of digital services.

The common digital market with the EU for Ukraine will provide new opportunities for access to online markets and electronic services of EU countries, simplify accession to common rules for the free cross-border distribution of online services and payments, etc., the agency said.[2]

Notes