Radio frequency spectrum
The principles of radio frequency spectrum use by general users are defined by the Law of Ukraine "On Electronic Communications" (hereinafter – the Law).
According to the provisions of the Law:
Use of the radio frequency spectrum is carried out on the basis of general authorization or individual rights based on licenses for the use of the radio frequency spectrum.
A business entity that has submitted a notification of the commencement of activities in the field of electronic communications in accordance with Article 16 of this Law and intends to carry out such activities using the radio frequency spectrum under individual rights shall apply to the regulatory authority with application for a license to use the radio frequency spectrum (hereinafter – the Application).
The Application is submitted by completing the form established by the regulatory authority (Annex 2) in the electronic cabinet on the electronic regulatory platform using a qualified electronic signature tool.
Before the electronic regulatory platform becomes operational, the submission of applications and other documents to the regulatory authority, as well as the receipt of responses and other documents from it, shall be carried out in the following ways:
- by postal mail;
- by personal delivery (at the location of the relevant structural unit of the regulatory authority).
In accordance with the requirements of the Law, the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) adopted Resolution No. 96 dated July 6, 2022, “On Approval of the Procedure for Maintaining the Register of Licenses for the Use of the Radio Frequency Spectrum,” which was registered with the Ministry of Justice of Ukraine on August 5, 2022, under No. 890/38226. The Procedure for Maintaining the Register of Licenses for the Use of the Radio Frequency Spectrum, along with its annexes, was approved by this resolution:
- Annex 2 – Application for a license to use the radio frequency spectrum;
- Annex 3 – Radio frequency spectrum deployment (utilization) plan;
- Annex 4 – Application for license extension;
- Annex 5 – Notification of intent to transfer or grant the right to use individual radio frequency spectrum rights (or part thereof);
- Annex 6 – Application for reissuance of a license to use the radio frequency spectrum;
- Annex 7 – Application for termination of a license to use the radio frequency spectrum;
- Annex 8 – Notification of joint use of the radio frequency spectrum.
Pursuant to Resolution No. 95 of the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) dated July 6, 2022, “On Approval of the Procedure for Determining the Validity Period of a License for the Use of the Radio Frequency Spectrum,” registered with the Ministry of Justice of Ukraine on July 29, 2022, under No. 856/38192, and Resolution No. 138 dated August 3, 2022, “On Taking into Account the Comments Made by the State Registration Authority Regarding Resolution No. 95 of July 6, 2022,” the Procedure for Determining the Validity Period of a License for the Use of the Radio Frequency Spectrum was approved.
Resolution of the Cabinet of Ministers of Ukraine No. 433 dated May 2, 2023,
“On the Amounts of Fees for the Issuance, Reissuance, and Extension of the Validity Period of Licenses for the Use of the Radio Frequency Spectrum”
Resolution of the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) No. 175 dated May 10, 2023, “On Approval of the Procedure for Assessing the Ability of Radio Frequency Spectrum Users to Fulfill License Conditions,” was registered with the Ministry of Justice of Ukraine on May 25, 2023, under No. 877/39933. Resolution No. 175 entered into force on May 31, 2023.
Resolution of the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) No. 350 dated September 13, 2023, “On Approval of the Criteria for the Commencement of Use and Full Deployment of the Radio Frequency Spectrum,” was registered with the Ministry of Justice of Ukraine on September 28, 2023, under No. 1712/40768, as amended by NCEC Resolution No. 375 dated October 4, 2023. Resolution No. 350 entered into force on November 24, 2023.
Plan for Radio Spectrum Allocation and Use in Ukraine
License Conditions for the Use of the Radio Frequency Spectrum “L02”
Resolution of the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) No. 124 dated March 13, 2024,
“On the Determination of Indicators for Accumulation of Radio Frequency Bands (Depending on the Radio Frequency Range), the Achievement of Which May Entail the Application of Restrictions in Accordance with Part One of Article 57 of the Law of Ukraine ‘On Electronic Communications’”
Resolution of the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) No. 223 dated June 7, 2023,
“On Approval of the Criteria for Identifying Public Use Bands and Radio Technologies for Which the Transfer of Rights to Use the Radio Frequency Spectrum (or Part Thereof) Is Carried Out”