Rules for use of radio frequencies changed

In order to effectively regulate and improve relations in the field of radio spectrum management, as well as to observe the principles of transparency and fairness in the allocation and use of the radio frequency spectrum and to strengthen the legal framework, additions and amendments have been made to the Law of the Republic of Azerbaijan “On Telecommunications”.

According to the new amendments, radio frequency resources on the territory of the country will be allocated for a period of 10 years. The rapid development of new technologies for radio services, as well as decisions regularly made by international and regional telecommunications organizations to change the use of radio frequency bands have 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 temporarily allocated for use.

Also, the contract to be concluded for the use of radio frequencies will define the obligations of the parties under the new rules. After the conclusion of the contract, in the event that the user fails to fulfil his obligations, including upon default in payment in full within two years at the current tariffs for frequency ratings, as well as failure to use the allocated radio frequencies within three months, the decision to allocate radio frequencies shall be cancelled.

A new article “Article 362-3. “Design, installation, and operation of radio-electronic means without proper authorization” was added to the Code of Administrative Offences of the Republic of Azerbaijan. The heading of the existing article 363 was also changed to “Illegal use and trafficking in telecommunication facilities and devices”, and the content of the article has been amended accordingly.

Additions and amendments to the Code of Administrative Offences will create conditions to prevent the use of radio frequencies and radio-electronic means tuned to these radio frequencies without an appropriate decision and a permit to use radio-electronic means, installation and operation of radio communications equipment that is a source of electromagnetic radiation and has not passed state registration, connection to communications networks without due authorization, prevention of violations of the rules governing the manufacture, acquisition, importation, use and registration of radio electronic means and high-frequency devices, operation of radio communications equipment and high-frequency devices in accordance with applicable rules and laws, ensuring the safety of airspace, administrative penalties for entities carrying out illegal activities, and their refraining from such activities.

On 4 February 2023, President of the Republic of Azerbaijan Ilham Aliyev signed relevant decrees on the application of relevant laws on these changes, and the Cabinet of Ministers identified measures to prepare the necessary regulations.

The implementation of these laws, as well as the application of new rules to be developed in the Decree taking into account international standards and the experience of leading countries of the world, will reduce the illegal and inefficient use of radio frequencies and the accessibility, and equitable distribution of their use will be ensured.