Russian Federation

[RU] Order to Hold MMDS Competitions

IRIS 2003-6:1/29

Olga Motovilova

Moscow Media Law and Policy Centre

On 23 January 2003, the Ministry of Communication and Informatization issued Order No. 7 "on the holding of a competition for the right to use radio frequencies for the purposes of distribution of television programs using MMDS, LMDS and MVDS systems".

To participate in such a competition it is necessary to submit an application form. The order approves this form and the format of reports on the results of competition.

The order also sets a term of one month, during which the state-run Main Radio-frequency Centre is obliged to provide data on the availability of channels for MMDS broadcasting in cities and other areas.

In addition the state-run Centre of Scientific Research and Expertise in Communication will be the representative of the Ministry of Communication and Informatization during the competition for the right to use radio frequencies for the purposes of the distribution of television programmes with the use of MMDS, LMDS and MVDS systems. (Note that the word "license" cannot be used in this regard as licensing of such activity is not envisaged in Russian law). In this connection some functions, such as the publication of an announcement containing information about the competition, collecting applications from applicants and granting them registration numbers, mailing notification to applicants, etc. (in total 12 items) are transferred from the Ministry to the Centre.

The order also defines the distribution of the annual payment, paid by the winner of the competition. Out of the total payment, a sum amounting to 80 percent is transferred into the federal budget within 3 working days, 10 percent - into the budget of the subject of the Russian Federation (i.e., the province) in which territory the right of use of frequencies is applicable, and the remaining 10 percent - to the Ministry of communication and informatization to cover expenses connected to the holding of the competition.