Successful experience of obtaining a license by our firm's lawyers for the use of RFR (WI-FI)
A Client who wanted to obtain a license on using the radio frequency resource (RFR) and provide wireless Internet access services (WI-FI) contacted our firm in June 2018. The defining feature of this case was that the Client intended to provide Internet access services within the one building. He was most interested in the following questions:
- Is it necessary to obtain a license on using the radio frequency resource of Ukraine if Internet access services are provided within one building?
- What is necessary to obtain a license on using RFR (WI-FI)?
If a business entity is going to provide wireless Internet access services (WI-FI), then according to the Law "On Radio Frequency Resource of Ukraine", such entity will be considered a user of the radio frequency resource of Ukraine. In accordance with the law, the entity must obtain the appropriate license even if access to the Internet is provided within the same building. In the case of our Client it was a large shopping and entertainment center in Kyiv.
In order to obtain the license, first of all, it is necessary to have certified equipment included in the Register of radio-electronic and radiating equipment that can be used on the territory of Ukraine in radio frequency bands of common use by the National Commission for the State Regulation of Communications and Informatization (NCCIR). We inform Clients in advance about this, because there were cases in our practice when the Clients had high-quality technical equipment, but it was not included in the above-mentioned Register.
Another important condition for obtaining a license for the use of RFR is the availability of an equipment room and duly executed documents for the right to use. For example, if the licensee leases the premises, he must have not only the lease agreement, but also the act of acceptance and transfer of the premises. The lease agreement must be valid. It is a common practice when the lease agreement is concluded for a specified period, for instance, for a year, with stipulation that if the parties do not take measures to terminate the contract (the tenant did not vacate the premises, continues to pay the rent etc.), the contract is considered to be automatically extended for the same term. It is not enough for the NCCIR, so a new contract must be concluded upon expiration of the previous one or the previous one can be extended by means of signing addendum.
If a licensee uses an equipment room pursuant to the sublease contract, he must also provide a copy of the lease agreement to obtain the license. When entering into a sublease contract, it is very important to ensure that the lease agreement does not contain an enjoinment on sublease or use of premises as an equipment room.
Lawyers of our firm take into account the above-mentioned peculiarities in advance - at the stage of preparation for obtaining the appropriate license. It allows to avoid the negative decisions from the licensing authority and, accordingly, delays in the process of obtaining the license.If you are interested in obtaining the license on using the radio frequency resource (RFR), you can contact the lawyers of our firm for details on cooperation.
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