"The basis" continues to win against the Telecom

JSC Osnova Telecom was succeeded to return itself LTE frequencies


JSC Osnova Telecom was succeeded to return itself LTE frequencies. The ninth arbitration appellate court satisfied the complaint of the operator to the decision of the previous judicial instance and recognized the decision of the State Commission on Radio Frequencies (GKRCh) on allocation to "Basis" of frequencies for construction of LTE networks in the range of 2,3-2,4 GHz lawful.

On May 26 reported RAPSI news agency about it.

In May, 2010 the former Minister of Defence Anatoly Serdyukov asked the then president Dmitry Medvedev to allocate to frequency "Basis" for a communication network of "dual purpose" – for the military and civil purposes.

In September, 2011 GKRCh gave out to the operator without competition permission to use of a strip of 2,3-2,4 GHz. In January, 2012 the company obtained the license for the services LTE, in December – frequency coordination of military, in February, 2013 – coordination of Federal State Unitary Enterprise Main Radio-frequency Center (GRChTs) subordinated to Roskomnadzor. But after change of the Minister of Defence "Basis" lost support of military department: his new head Sergey Shoygu declared that the services "Bases" and its frequencies are not necessary to the ministry.

Then the Ministry of Defence and GRChTs withdrew positive judgments on electromagnetic compatibility (EMS) of the equipment "Bases" with other equipment operating in a strip of 2,3-2,4 GHz. It also brought the company into court with claims to Roskomnadzor and GRChTs.

Won the claim to GRChTs "Basis" in the first instance at the beginning of August, 2013. The respondent was going to challenge the decision of Arbitration court of Moscow, however the appeal complaint did not follow.

A bit later, in September, "the Basis the Telecom" and Roskomnadzor reconciled, having concluded the settlement agreement in court: department promised to give out the companies frequency assignments for the LTE network which the operator planned to bring into commercial operation in 2013.

However in November on the next package of the applications submitted "by the Basis the Telecom" Roskomnadzor and GRChTs did not issue the relevant documents, and terms which are taken away on it by the law passed. On November 18 "the Basis the Telecom" submitted to Arbitration court of Moscow the claim to GRChTs, having accused him of a tightening of terms of issue of necessary documents.

In December "the Basis the Telecom" included the first base station of the LTE network. It settled down in Nizhny Novgorod. Start happened within the noncommercial project "University Network". It became part of the first package of frequency assignments which "the Basis the Telecom" sued from Roskomnadzor out.

Besides, in February, 2014 the arbitration of Moscow partially satisfied the claim of three companies – JSC Vostok, JSC Profinvest and JSC Resource, – which, according to their representatives, in January, 2008 submitted applications for this resource and coordinated them with Roskomnadzor, the Ministry of Defence of the Russian Federation and the Federal Security Service (FSS). However did not make the solution of GKRCh on them.

"The basis the Telecom" is ready to start of a network in 19 cities of the country and conducts construction in 21 cities. Now we expect receiving frequency assignments then we will be able to remove base stations in air. The company expects to start full-scale commercial operation of already constructed networks in 2014, having at the same time begun the following stage of creation of the federal LTE network", – the chief of the department on public relations "Bases the Telecom" Alexander Bakhorin explained on May 26 to the reporter of ComNews.

The press service of Roskomnadzor refrained on May 26 from comments.



Andrey Fedoseyev
ComNews.ru
 No. of 27.05.14