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10-02-2023

The rules on the usage of radio frequencies have been changed

Additions and changes were made to the Law of the Republic of Azerbaijan "On Telecommunications" in order to effectively regulate and improve relations in the field of radio spectrum management, at the same time, to guard the principles of transparency and justice in the allocation and use of radio frequency spectrum, and to strengthen the legal framework.

 

According to the new change, radio frequency resources in the country will be allocated for a period of 10 years. The rapid development of new technologies on radio services, as well as the decisions made by international and regional telecommunications organizations on changing the use of radio frequency bands on a regular basis, necessitated the temporary allocation of radio frequencies.

 

It should be noted that in most countries (Russia, Belarus, Georgia, Ukraine, Poland, Slovenia, South Korea, etc.), radio frequencies are allocated for use temporarily.

 

Also, the obligations of the parties in the agreement on the use of radio frequencies will be defined according to the new rules. After the conclusion of the contract, if the obligations are not fulfilled by the user, including if payments are not made in full within 2 years according to the current rates for frequency nominals, as well as if the allocated radio frequencies are not used within 3 months, the decision on the allocation of radio frequencies will be canceled.

 

Article 362-3 of the Code of Administrative Offenses of the Republic of Azerbaijan a new article has been added on designing, installing and operating radio-electronic devices without the appropriate permission. Also, the name of the existing Article 363 was changed to "Illegal use of telecommunication means and facilities and their illegal circulation", and appropriate additions were made to the content of the article.

 

Additions and changes made to the Code of Administrative Offenses prevent the use of radiofrequencies and radio electronic devices to those radio frequencies without the appropriate decision and license for the use of radio electronic devices, the construction and operation of radio communication devices that are considered sources of electromagnetic radiation that have not been registered by the state, connecting to communication networks without the appropriate permission, attain, import, use and registration of high-frequency devices, operation of radio communication devices and high-frequency devices in accordance with existing rules and laws, ensuring the security of air, administratively punishing subjects who operate illegally and their will create conditions to refrain from actions.

 

On February 4, 2023, the President of the Republic of Azerbaijan, Ilham Aliyev, signed an appropriate decree on the implementation of the relevant laws on these changes, and the Cabinet of Ministers determined measures to prepare the necessary regulations.

 

As a result of the implementation of the mentioned laws, as well as the application of the new rules, which are planned to be developed in the Decree, taking into account the international standards and the practice of the leading countries of the world, the cases of unauthorized and ineffective use of radiofrequencies will be reduced, and accessibility and fair distribution of their use will be ensured.