In the law “ About communication “ the reservethe Constitutional court of the Russian Federation has returned yesterday has decided to add the federal law “ About communication “ having specified in it the size of payments of operators in a reserve of universal service. The order of formation of a reserve is some years a subject of intense discussions at different levels, but this time the result has appeared unexpected. The court, as a matter of fact, has ordered to return the law text to the initial variant offered by Ministry of Communications.
the constitutional court has announced the decision on business “ About check of constitutionality of separate positions of the Federal law ` About communication ` “ initiated by the Duma of Koryak autonomous region. Koryak deputies asked to check up about constitutionality at once some positions of the law - about powers of State commission on radio frequencies, an order of allocation of frequencies, and also about formation of a reserve of universal service. The list of the positions which have interested koryaks, has evidently coincided that some participants of the telecommunication market earlier challenged. Frequency regulation and universal services were a subject of the most furious disputes in 2003, when the new law “ About communication “ was accepted by the State Duma.
the only thing that the court has decided to change, - that article of the law where it is a question of formation of a reserve of universal service - specialised fund from which to operators compensate costs on creation of an infrastructure for rendering of universal services.
universal service of communication includes the minimum package of the telecommunication services, guaranteed to the subscriber the state. Now this package includes payphone communication (according to the recommendations containing in the law, any subscriber should reach the payphone on foot no more than one hour) and access to the Internet (the point of collective access should be opened in settlements where lives not less than 500 persons). The operator of universal service gets out at competition, its possible losses are compensated from a reserve of universal service. The reserve is formed at the expense of payments of all communications service providers listing percent from a turn. This year, by estimations of Mininformsvjazi of the Russian Federation, the reserve budget will make not less than 7,2 mlrd roubles.
today the telecommunication companies list in a reserve of 1,2 % from a turn - under the law “ About communication “ the size of deductions defines the government of the Russian Federation. This order in court also have counted unconstitutional. According to judges, the size of the rate and criteria should be defined by the text of the law. The court has ordered to introduce respective alterations in the law to Federal meeting. In Mininformsvjazi yesterday have declared that are completely satisfied by the decision of the Constitutional court. As one of authors of the law in force " has told; About communication “ originally in the bill text the concrete norm on which of 3 % from a turn obliged to list operators in a reserve contained. But during interdepartmental coordination this detail have deleted in the Ministry of Finance. Now to return the text in close to an original form has decided court.
the decision of the constitutional court was supported also by telecommunication analysts. “ to stipulate in the law the size of deductions will not prevent is will add a transparency to system of universal service, - the chief of analytical service of Alpha bank Andrey Bogdanov speaks. - Operators can plan in advance the expenses, without guessing about variants of the decision of the government on this point in question “.
According to the committee-man of the State Duma on power, transport and Maxim Korobova`s communication, complexities at passage of the corresponding amendment through the State Duma should not to arise: “ the Constitutional court, as a matter of fact, has specified in necessity ` to lift ` the status of some norms and the mechanisms providing functioning of fund of universal service from level of the governmental orders where they are now regulated, on law level. On - to mine, it is quite timely “.