My business is Franchises. Ratings. Success stories. Ideas. Work and education
Site search

Rules for the provision of data transfer services. Rules for the provision of communication services for data transmission, telematic communication services, other services and services (hereinafter referred to as the Rules)

following:

"subscriber" - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission when a unique identification code is allocated for these purposes;

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of physical circuits connecting means of communication with user (terminal) equipment;

"subscriber terminal" - user (terminal) equipment used by a subscriber and (or) user to connect to a communication node of a data transmission network using a subscriber line;

"reliability of information transmission" - one-to-one correspondence of information packets transmitted by user (terminal) equipment, which is one party established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;

"user of communication services for data transmission" - a person ordering and (or) using communication services for data transmission;

"information packet" - a telecommunication message that is transmitted over a data transmission network and which contains the data necessary for its switching by a communication node;

"data transfer protocol" - a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between devices in a data transmission network;

"providing access to a data transmission network" - a set of actions of a data communication network operator to form a subscriber line and connect, with its help, user (terminal) equipment to a communication node of a data transmission network or provide the ability to connect user (terminal) equipment to a data transmission network from using a telephone connection or a connection via another data transmission network in order to ensure the possibility of providing the subscriber with communication services for data transmission;

"providing the possibility of access to communication services for data transmission" - the provision by one communication operator of the possibility of receiving communication services for data transmission by its subscriber, provided by another communication operator;

"data network connection (communication session)" - established as a result of a call or pre-established interaction between communication facilities, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;

"technical possibility of providing access to a data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which it is requested to connect the user (terminal) equipment to the data transmission network, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"tariff plan" - a set of price conditions on which the telecom operator offers to use one or more data communication services;

"communication node of the data transmission network" - means of communication that perform the functions of switching systems.

3. Relationships of a telecom operator providing communication services for data transfer (hereinafter referred to as the telecom operator), with a subscriber and (or) user arising from the provision of communication services for data transfer in the territory Russian Federation are carried out in Russian.

4. The communications operator is obliged to ensure the secrecy of information transmitted over the data transmission network.

Restriction of the right to secrecy of information transmitted over a data transmission network is allowed only in cases provided for by federal laws.

Information about information transmitted over a data transmission network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about the subscriber that became known to the telecom operator by virtue of the execution of the contract for the provision of communication services for data transmission (hereinafter referred to as the contract) can be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, with the exception of cases provided for by federal laws.

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of communication services for data transmission.

6. User (terminal) equipment (hereinafter referred to as equipment) can be connected to the subscriber line, which corresponds to established requirements.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise provided by the legislation of the Russian Federation.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purposes of transmission of voice information;

communication services for data transmission for the purposes of voice information transmission.

9. The telecom operator has the right to provide to the subscriber those communication services for data transmission, for the provision of which this telecom operator has been issued a license, in accordance with the license conditions provided for in the license issued to the telecom operator.

The provision of communication services for data transmission may be accompanied by the provision by the communication operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and 32 of these Rules.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transmission.

11. Paid and free information and reference services are provided in the information and reference service system.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, on the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the state of his personal account;

c) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of communication services for data transmission;

d) provision of information on the rendered communication services for data transmission and necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using autoinformers.

14. The telecom operator independently determines the list and time of provided paid information and reference services.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for the conclusion and execution of the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license (licenses) issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, the conditions and procedure for their provision, including the used subscriber interfaces and data transmission protocols;

d) the range of values ​​of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values ​​​​necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and systems of payment for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) an indication of the places where the subscriber and (or) the user can fully familiarize themselves with these Rules.

16. The telecom operator is obliged, at the request of a citizen, legal entity or an individual entrepreneur to provide him, in addition to the information provided for in paragraph 15 of these Rules, additional information related to the provision of communication services for data transmission.

The specified information in Russian (if necessary, in other languages) in a visual and accessible form is communicated free of charge through the mass media and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur.

II. The procedure and conditions for concluding an agreement

17. Communication services for data transmission are provided on the basis of a paid contract.

18. The parties under the contract are a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand.

19. To conclude an agreement, the applicant submits to the telecom operator an application in 2 copies in the form established by the telecom operator.

The application is registered by the telecom operator. One copy remains with the telecom operator, the other is handed to the applicant.

The procedure for registering applications for concluding an agreement is established by the telecom operator.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.

When submitting an application for concluding an agreement, a representative of a legal entity presents a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration legal entity.

An individual entrepreneur, when submitting an application for concluding an agreement, presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for the conclusion of the contract, checks whether it is technically possible to provide access to the data transmission network. If there is such a technical possibility, the telecom operator concludes an agreement with the applicant.

22. An agreement concluded with a citizen is public contract. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to report its refusal to writing to the applicant within a period not exceeding 10 days from the date of completion of the technical feasibility check.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the conclusion of the contract. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.

24. The agreement is concluded in writing in 2 copies, one of which is handed over to the subscriber, or by performing conclusive actions.

Through the implementation of conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services in points shared access. This agreement is considered concluded from the moment the subscriber and (or) user performs actions aimed at establishing a connection over a data transmission network (communication session).

25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

26. The following data must be indicated in the contract:

a) the date and place of conclusion of the contract;

b) the name (company name) of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location - for a legal entity;

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) address of equipment installation;

g) type (type) of equipment;

h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);

i) consent (refusal) of the subscriber to use information about him for information and reference services;

j) the method of delivery of the invoice for the rendered communication services for data transmission;

k) rights, duties and responsibilities of the parties;

l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of communication services for data transmission;

m) the duration of the contract.

27. The following essential conditions must be indicated in the contract:

a) used subscriber interfaces and data transfer protocols;

b) rendered communication services for data transmission;

c) payment system for communication services for data transmission;

d) procedure, terms and form of settlements.

28. When concluding a contract, it is not allowed to extract a number from the numbering resource of a geographically defined or geographically undefined numbering zone as a unique identification code.

29. The telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

30. The telecom operator is not entitled to condition the provision of one communication service for data transmission by the obligatory provision of other services.

III. The procedure and conditions for the execution of the contract

31. The telecom operator is obliged:

a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;

b) eliminate within the established time limits the malfunctions that prevent the use of communication services for data transmission;

c) notify subscribers and (or) users through the mass media and in places of work with subscribers and (or) users about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs;

d) appoint, in agreement with the subscriber and (or) user, a new deadline for the performance of communication services for data transmission, if the failure to comply with the deadline was due to force majeure circumstances.

32. The subscriber is obliged:

a) pay a fee for the data communication services provided to him and other services provided for in the contract in full and in defined by the treaty terms;

b) do not connect to the subscriber line equipment that does not meet the established requirements;

c) notify the telecom operator, within a period not exceeding 60 days, of the termination of their right to own and (or) use the premises in which the equipment is installed, as well as the change, respectively, of the surname (first name, patronymic) and place of residence, name (company name) and location;

e) follow the rules for operating the equipment.

a) refuse at any time unilaterally from the execution of the contract, subject to payment of the costs actually incurred by the telecom operator for the provision of data communication services to this subscriber;

b) refuse to pay for communication services not provided for by the contract for the transfer of data provided to him without his consent;

c) appoint, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if the failure to comply with the deadlines was due to force majeure circumstances, which the subscriber was informed about before the expiration of the appointed term for the provision of communication services for data transmission.

34. In order to connect to the subscriber line means of communication that ensure the simultaneous sharing by two telecom operators of one subscriber line, the telecom operator is obliged to change the scheme for switching on the equipment operating on a separate subscriber line upon receipt from another telecom operator of a request for such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing the specified scheme are regulated by an agreement concluded between telecom operators.

35. Payment for communication services for data transmission can be carried out by subscription or time system payment or by the amount of received and (or) transmitted information.

36. The fee for providing access to the data transmission network by the telecom operator is charged once for each fact of providing access to the data transmission network.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

37. The unit of charging for a connection over a data transmission network (communication session) is established by the communication operator, but cannot be more than 1 minute for communication services for data transmission for the purposes of voice information transmission.

Accounting for the duration of a connection over a data transmission network (communication session) is carried out in accordance with the billing unit adopted by the telecom operator.

38. The duration of the connection over the data transmission network (communication session) used to determine the amount of the fee, when transmitting voice information, is counted from 1 second after the called equipment answers until the calling or called equipment or equipment that replaces the subscriber in his absence hangs up, and when transmitting non-voice information - from the 1st transmitted byte. A connection via a data transmission network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of rendered communication services for data transmission with a time-based payment system.

39. Tariffs for communication services for data transmission, including the tariff used to pay for an incomplete unit of tariffication, are set by the telecom operator, unless otherwise established by the legislation of the Russian Federation.

40. Tariffs can be differentiated by time of day, days of the week, weekends and public holidays, by the amount of received and (or) transmitted information, and also depending on the distance between the equipment that is one side of the established connection over the data network (communication session) and the equipment that is the other side of this connection (communication session).

41. The fee for a data network connection (communication session) is determined on the basis of its duration, expressed in the number of billing units.

42. When transmitting voice information over a data network to equipment, the response signal of which is equal to the answer of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:

subscriber terminal with an answering machine function;

other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.

43. Payment for data transmission services is carried out by cash or non-cash payment in Russian rubles.

Payment for communication services for data transmission can be made by means of an advance or deferred payment or immediately after the provision of such services in points of collective access.

When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount to his personal account, from which the telecom operator withdraws payments for the communication services rendered to the subscriber for data transmission.

When paying for communication services for data transmission by means of deferred payment, payment is made at the end of the billing period. Communication services for data transmission are paid for within the period established by the telecom operator, while the specified period should not be less than 10 days from the end date of the billing period. A longer period of payment for data communication services may be stipulated by the contract.

44. The basis for billing the subscriber and (or) the user for the provided connections over the data network (communication sessions) is the data obtained using the equipment used by the telecom operator to account for the volume of rendered communication services for data transmission.

45. The payment card for communication services for data transmission contains encoded information used to inform the communication operator of information about payment for communication services for data transmission, as well as the following information:

a) the name (company name) of the telecom operator that issued the card;

b) the name of the types of communication services for data transmission, paid using the card;

c) the amount of the advance payment, the payment of which is confirmed by the card;

d) card validity period;

e) reference (contact) phone numbers of the telecom operator;

f) rules for using the payment card;

g) card identification number.

46. ​​The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

47. The settlement period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.

48. The term of payment for communication services for data transmission (except for the subscription fee) should not be less than 15 days from the date of invoicing. A longer payment period may be specified in the contract.

When paying for communication services for data transmission using a subscriber payment system, the calculation for the rendered communication services for data transmission is made no later than 10 days from the end date of the billing period.

49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber's monetary obligations and which contains:

a) details of the telecom operator;

b) information about the subscriber;

c) billing period for which the invoice is issued;

d) number of the subscriber's personal account (in case of advance payment);

e) data on the total duration of connections over the data network (communication sessions) for the billing period (with time-based accounting);

e) the total amount to be paid;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

j) the amount to be paid for each type of communication services for data transmission;

k) types of communication services provided for data transmission;

l) the date of provision of each communication service for data transmission;

m) the volume of each communication service for data transmission provided to the subscriber.

50. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered communication services for data transmission within 5 days from the date of issuing this invoice.

At the request of the subscriber, the telecom operator is obliged to detail the invoice, which consists in providing additional information on the rendered communication services for data transmission, for which a separate fee may be charged.

51. The subscriber and (or) user has the right to demand the return of funds paid for the use of communication services for data transmission for the period when it was not possible to use such services through no fault of this subscriber and (or) user.

IV. The procedure and conditions for suspension, modification, termination and termination of the contract

52. In case of violation by the subscriber of the requirements associated with the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.

If such a violation is not eliminated within 6 months from the date of receipt by the subscriber from the telecom operator of a notice in writing of the intention to suspend the provision of communication services for data transmission, the telecom operator has the right to unilaterally terminate the contract.

53. At the written request of the subscriber, the telecom operator is obliged, without termination of the contract:

suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;

suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.

54. The validity of the contract may be suspended upon a written application of the subscriber in the event of leasing (sublease), lease (sublease) of the premises, including the residential premises in which the equipment is installed, for the duration of the contract of hiring (sublease), lease (sublease) . An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion contract that is suspended.

55. Amendments to the agreement concluded in writing, including those relating to the change by the subscriber of the payment system for data transmission services, are formalized by concluding additional agreement to the contract.

56. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract.

57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, a new subscriber can become:

a family member of the subscriber who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the equipment is installed;

a member of the subscriber's family who is a minor citizen as of the date of change of the contract. At the same time, before reaching the age of 14, the right to file an application to amend the contract on behalf of a minor citizen has his legal representatives.

58. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), an amendment may be made to the agreement regarding the indication of the legal successor or the new name of the subscriber - legal entity. When a legal entity is reorganized in the form of separation or division, the question of which of the successors should be entered into an agreement with is decided in accordance with the separation balance sheet.

59. In the event of termination of the contract, the communication operator's obligations to provide the subscriber with the possibility of access to communication services provided by another communication operator are terminated.

60. In case of termination of the subscriber's right to own or use the premises in which the equipment is installed, the contract with the subscriber is terminated. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.

V. Procedure for submitting and considering claims

61. The subscriber and (or) the user has the right to appeal against the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.

62. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

63. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

64. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide communication services for data transmission, the subscriber and (or) user, before applying to the court, submits a claim to the telecom operator.

65. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract shall be made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or invoicing for the service provided.

A copy of the contract is attached to the claim, as well as other documents necessary for considering the claim on the merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the event of a claim for damages - about the fact and amount of damage caused.

66. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted the claim in writing about the results of the consideration of the claim.

If the claim was recognized by the telecom operator as justified, the identified deficiencies are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

If the telecom operator recognized as justified the requirements of the subscriber and (or) user to reduce the amount of payment for the rendered communication services for data transmission, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return paid for the provision of communication services for data transmission funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements are subject to satisfaction within 10 days from the date of filing a claim.

If the claim is rejected in whole or in part, or if a response is not received within the period established for its consideration, the subscriber and (or) user have the right to file a claim in court.

VI. Responsibility of the parties

67. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network;

b) violation of the terms established in the contract for the provision of communication services for data transmission;

c) failure to provide communication services for the transfer of data specified in the contract;

d) poor-quality provision of communication services for data transmission, including as a result of improper maintenance of the data transmission network;

e) violation of the secrecy of information transmitted over a data transmission network;

f) violation of the established restrictions on the dissemination of information about a citizen subscriber that became known to the telecom operator by virtue of the execution of the contract.

68. In case of violation of the established terms for the provision of communication services for the transfer of data, a citizen subscriber, at his choice, has the right to:

a) assign a new period to the telecom operator, during which the communication service for data transmission must be provided;

b) entrust the provision of communication services for the transfer of data to third parties at a reasonable price and demand that the telecom operator reimburse the costs incurred;

c) demand a reduction in the cost of the communication service for data transmission;

d) cancel the contract.

69. In addition to the requirements made by a citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays a penalty to a citizen subscriber:

in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher amount of the penalty is not specified in the contract, but not more than the fee specified in the contract;

in case of violation of the established terms for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of the provision of communication services for data transmission, if a higher amount of the penalty is not specified in the contract, but not more than the cost of the service data communications.

If the cost of the communication service for data transmission is not determined, the amount of the penalty is determined based on the total cost of the communication service for data transmission that existed in the place where the requirement of the subscriber and (or) user had to be satisfied by the telecom operator, on the day of voluntary satisfaction of such a requirement or on the day of the court decision, if the requirement of the subscriber and (or) the user was not voluntarily satisfied.

70. In case of violation by the telecom operator of the established terms for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user has the right to demand, at their choice:

a) gratuitous elimination of shortcomings in the provision of communication services for data transmission;

b) a corresponding reduction in the cost of communication services for data transmission;

c) reimbursement of expenses incurred by them to eliminate the shortcomings of the provided communication service for data transmission on their own or by third parties.

72. In the event that the telecom operator violates the secrecy of information transmitted over the data transmission network and the requirements to restrict the dissemination of information about a citizen subscriber that became known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, compensates for the losses caused by these actions.

73. In case of non-submission, incomplete or untimely submission of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the communication services provided for data transmission and compensation for losses incurred.

74. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for communication services for data transmission;

b) non-compliance with the rules of operation of the equipment;

c) non-compliance with the ban on connecting equipment to the subscriber line that does not meet the established requirements.

75. In case of non-payment, incomplete or late payment for data communication services, the subscriber and (or) user shall pay the communication operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid communication services for data transmission (unless a smaller amount is specified in the contract) for each day of delay up to the day of repayment of the debt, but not more than the amount payable.

76. In the event that the subscriber and (or) user fails to comply with the rules for operating the equipment or does not comply with the ban on connecting equipment that does not meet the established requirements to the subscriber line, the telecom operator has the right to apply to the court with a claim for compensation for the losses caused by such actions of the subscriber and (or) user.

77. The telecom operator shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.

The latest edition of the DECISION of the Government of the Russian Federation dated January 23, 2006 N 32 "ON APPROVAL OF THE RULES FOR PROVIDING COMMUNICATION SERVICES FOR DATA TRANSFER" is presented on the Zakonbase website. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the website "Zakonbase" you will find the REGULATION of the Government of the Russian Federation dated January 23, 2006 N 32 "ON APPROVAL OF THE RULES FOR PROVIDING COMMUNICATION SERVICES FOR DATA TRANSFER" in fresh and full version in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the REGULATION of the Government of the Russian Federation of January 23, 2006 N 32 "ON APPROVAL OF THE RULES FOR RENDERING COMMUNICATION SERVICES ON DATA TRANSFER" completely free of charge, both in full and in separate chapters.

In accordance with federal law"On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights" Government of the Russian Federation decides:

Approve the attached Rules for the provision of communication services for data transmission and put them into effect from July 1, 2006.

Prime Minister
Russian Federation
M. Fradkov

Rules for the provision of communication services for data transmission

I. General provisions

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, in the provision of communication services for data transmission.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission when a unique identification code is allocated for these purposes;

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of physical circuits connecting means of communication with user (terminal) equipment;

"subscriber terminal" - user (terminal) equipment used by a subscriber and (or) user to connect to a communication node of a data transmission network using a subscriber line;

"information transfer reliability" - one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side of the established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;

"user of communication services for data transmission" - a person ordering and (or) using communication services for data transmission;

"information packet" - a telecommunication message that is transmitted over a data transmission network and which contains the data necessary for its switching by a communication node;

"data transfer protocol" - a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between devices in a data transmission network;

"providing access to a data transmission network" - a set of actions of a data communication network operator to form a subscriber line and connect, with its help, user (terminal) equipment to a communication node of a data transmission network or provide the ability to connect user (terminal) equipment to a data transmission network from using a telephone connection or a connection via another data transmission network in order to ensure the possibility of providing the subscriber with communication services for data transmission;

"providing the possibility of access to communication services for data transmission" - the provision by one communication operator of the possibility of receiving communication services for data transmission by its subscriber, provided by another communication operator;

"data network connection (communication session)" - established as a result of a call or pre-established interaction between communication facilities, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;

"technical possibility of providing access to a data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which it is requested to connect the user (terminal) equipment to the data transmission network, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"tariff plan" - a set of price conditions on which the telecom operator offers to use one or more communication services for data transmission;

"communication node of the data transmission network" - means of communication that perform the functions of switching systems.

3. The relationship of a telecom operator providing communication services for data transfer (hereinafter referred to as the telecom operator), with a subscriber and (or) user, arising from the provision of communication services for data transfer on the territory of the Russian Federation, is carried out in Russian.

4. The communications operator is obliged to ensure the secrecy of information transmitted over the data transmission network.

Restriction of the right to secrecy of information transmitted over a data transmission network is allowed only in cases provided for by federal laws.

Information about information transmitted over a data transmission network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about the subscriber that became known to the telecom operator by virtue of the execution of the contract for the provision of communication services for data transfer (hereinafter referred to as the contract) can be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, except for cases prescribed by federal laws.

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of communication services for data transmission.

6. User (terminal) equipment (hereinafter - equipment) that meets the established requirements can be connected to the subscriber line.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise provided by the legislation of the Russian Federation.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purposes of transmission of voice information;

communication services for data transmission for the purposes of voice information transmission.

9. The telecom operator has the right to provide to the subscriber those communication services for data transmission, for the provision of which this telecom operator has been issued a license, in accordance with the license conditions provided for in the license issued to the telecom operator.

The provision of communication services for data transmission may be accompanied by the provision by the communication operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and 32 of these Rules.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transmission.

11. Paid and free information and reference services are provided in the information and reference service system.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, on the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the state of his personal account;

c) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of communication services for data transmission;

d) provision of information on the rendered communication services for data transmission and necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using autoinformers.

14. The telecom operator independently determines the list and time of provided paid information and reference services.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for the conclusion and execution of the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license (licenses) issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, the conditions and procedure for their provision, including the used subscriber interfaces and data transmission protocols;

d) the range of values ​​of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values ​​​​necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and systems of payment for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) an indication of the places where the subscriber and (or) the user can fully familiarize themselves with these Rules.

16. The telecom operator is obliged, at the request of a citizen, legal entity or individual entrepreneur, to provide him, in addition to the information provided for in paragraph 15 of these Rules, additional information related to the provision of communication services for data transmission.

The specified information in Russian (if necessary, in other languages) in a visual and accessible form is communicated free of charge through the mass media and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur.

II. The procedure and conditions for concluding an agreement

17. Communication services for data transmission are provided on the basis of a paid contract.

18. The parties under the contract are a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand.

19. To conclude an agreement, the applicant submits to the telecom operator an application in 2 copies in the form established by the telecom operator.

The application is registered by the telecom operator. One copy remains with the telecom operator, the other is handed to the applicant.

The procedure for registering applications for concluding an agreement is established by the telecom operator.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.

When submitting an application for concluding an agreement, a representative of a legal entity submits a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of the legal entity.

An individual entrepreneur, when submitting an application for concluding an agreement, presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for the conclusion of the contract, checks whether it is technically possible to provide access to the data transmission network. If there is such a technical possibility, the telecom operator concludes an agreement with the applicant.

22. An agreement concluded with a citizen is a public agreement. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant in writing of its refusal within a period not exceeding 10 days from the date of completion of the technical capability check.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the conclusion of the contract. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.

24. The agreement is concluded in writing in 2 copies, one of which is handed over to the subscriber, or by performing conclusive actions.

Through the implementation of conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at collective access points. This agreement is considered concluded from the moment the subscriber and (or) user performs actions aimed at establishing a connection over a data transmission network (communication session).

25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

26. The following data must be indicated in the contract:

a) the date and place of conclusion of the contract;

b) the name (company name) of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location - for a legal entity;

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) address of equipment installation;

g) type (type) of equipment;

h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);

i) consent (refusal) of the subscriber to use information about him for information and reference services;

j) the method of delivery of the invoice for the rendered communication services for data transmission;

k) rights, duties and responsibilities of the parties;

l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of communication services for data transmission;

m) the duration of the contract.

27. The following essential conditions must be indicated in the contract:

a) used subscriber interfaces and data transfer protocols;

b) rendered communication services for data transmission;

c) payment system for communication services for data transmission;

d) procedure, terms and form of settlements.

28. When concluding a contract, it is not allowed to extract a number from the numbering resource of a geographically defined or geographically undefined numbering zone as a unique identification code.

29. The telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

30. The telecom operator is not entitled to condition the provision of one communication service for data transmission by the obligatory provision of other services.

III. The procedure and conditions for the execution of the contract

31. The telecom operator is obliged:

a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;

b) eliminate within the established time limits the malfunctions that prevent the use of communication services for data transmission;

c) notify subscribers and (or) users through the mass media and in places of work with subscribers and (or) users about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs;

d) appoint, in agreement with the subscriber and (or) user, a new deadline for the performance of communication services for data transmission, if the failure to comply with the deadline was due to force majeure circumstances.

32. The subscriber is obliged:

a) pay a fee for the communication services provided to him for data transmission and other services provided for in the contract in full and within the terms specified by the contract;

b) do not connect to the subscriber line equipment that does not meet the established requirements;

c) notify the telecom operator, within a period not exceeding 60 days, of the termination of their right to own and (or) use the premises in which the equipment is installed, as well as the change, respectively, of the surname (first name, patronymic) and place of residence, name (company name) and location;

e) follow the rules for operating the equipment.

33. The subscriber has the right:

a) refuse at any time unilaterally from the execution of the contract, subject to payment of the costs actually incurred by the telecom operator for the provision of data communication services to this subscriber;

b) refuse to pay for communication services not provided for by the contract for the transfer of data provided to him without his consent;

c) appoint, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if the failure to comply with the deadlines was due to force majeure circumstances, which the subscriber was informed about before the expiration of the appointed term for the provision of communication services for data transmission.

34. In order to connect to the subscriber line means of communication that ensure the simultaneous sharing by two telecom operators of one subscriber line, the telecom operator is obliged to change the scheme for switching on the equipment operating on a separate subscriber line upon receipt from another telecom operator of a request for such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing the specified scheme are regulated by an agreement concluded between telecom operators.

35. Payment for communication services for data transmission can be carried out according to a subscriber or time-based payment system or according to the volume of received and (or) transmitted information.

36. The fee for providing access to the data transmission network by the telecom operator is charged once for each fact of providing access to the data transmission network.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

37. The unit of charging for a connection over a data transmission network (communication session) is established by the communication operator, but cannot be more than 1 minute for communication services for data transmission for the purposes of voice information transmission.

Accounting for the duration of a connection over a data transmission network (communication session) is carried out in accordance with the billing unit adopted by the telecom operator.

38. The duration of the connection over the data transmission network (communication session) used to determine the amount of the fee, when transmitting voice information, is counted from 1 second after the called equipment answers until the calling or called equipment or equipment that replaces the subscriber in his absence hangs up, and when transmitting non-voice information from the 1st transmitted byte. A connection via a data transmission network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of rendered communication services for data transmission with a time-based payment system.

39. Tariffs for communication services for data transmission, including the tariff used to pay for an incomplete unit of tariffication, are set by the telecom operator, unless otherwise established by the legislation of the Russian Federation.

40. Tariffs can be differentiated by time of day, days of the week, weekends and holidays, by the amount of received and (or) transmitted information, and also depending on the distance between the equipment that is one side of the established connection over the data transmission network (communication session), and equipment that is the other side of this connection (communication session).

41. The fee for a data network connection (communication session) is determined on the basis of its duration, expressed in the number of billing units.

42. When transmitting voice information over a data network to equipment, the response signal of which is equal to the answer of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:

subscriber terminal with an answering machine function;

other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.

43. Payment for data transmission services is carried out by cash or non-cash payment in Russian rubles.

Payment for communication services for data transmission can be made by means of an advance or deferred payment or immediately after the provision of such services in points of collective access.

When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount to his personal account, from which the telecom operator withdraws payments for the communication services rendered to the subscriber for data transmission.

When paying for communication services for data transmission by means of deferred payment, payment is made at the end of the billing period. Communication services for data transmission are paid for within the period established by the telecom operator, while the specified period should not be less than 10 days from the end date of the billing period. A longer period of payment for data communication services may be stipulated by the contract.

44. The basis for billing the subscriber and (or) the user for the provided connections over the data network (communication sessions) is the data obtained using the equipment used by the telecom operator to account for the volume of rendered communication services for data transmission.

45. The payment card for communication services for data transmission contains encoded information used to inform the communication operator of information about payment for communication services for data transmission, as well as the following information:

a) the name (company name) of the telecom operator that issued the card;

b) the name of the types of communication services for data transmission, paid using the card;

c) the amount of the advance payment, the payment of which is confirmed by the card;

d) card validity period;

e) reference (contact) phone numbers of the telecom operator;

f) rules for using the payment card;

g) card identification number.

46. ​​The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

47. The settlement period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.

48. The term of payment for communication services for data transmission (except for the subscription fee) should not be less than 15 days from the date of invoicing. A longer payment period may be specified in the contract.

When paying for communication services for data transmission using a subscriber payment system, the calculation for the rendered communication services for data transmission is made no later than 10 days from the end date of the billing period.

49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber's monetary obligations and which contains:

a) details of the telecom operator;

b) information about the subscriber;

c) billing period for which the invoice is issued;

d) number of the subscriber's personal account (in case of advance payment);

e) data on the total duration of connections over the data network (communication sessions) for the billing period (with time-based accounting);

e) the total amount to be paid;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

i) due date for payment of the invoice;

j) the amount to be paid for each type of communication services for data transmission;

k) types of communication services provided for data transmission;

l) the date of provision of each communication service for data transmission;

m) the volume of each communication service for data transmission provided to the subscriber.

50. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered communication services for data transmission within 5 days from the date of issuing this invoice.

At the request of the subscriber, the telecom operator is obliged to detail the invoice, which consists in providing additional information about the rendered communication services for data transmission, for which a separate fee may be charged.

51. The subscriber and (or) user has the right to demand the return of funds paid for the use of communication services for data transmission for the period when it was not possible to use such services through no fault of this subscriber and (or) user.

IV. The procedure and conditions for suspension, modification, termination and termination of the contract

52. In case of violation by the subscriber of the requirements associated with the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.

If such a violation is not eliminated within 6 months from the date of receipt by the subscriber from the telecom operator of a notice in writing of the intention to suspend the provision of communication services for data transmission, the telecom operator has the right to unilaterally terminate the contract.

53. At the written request of the subscriber, the telecom operator is obliged, without termination of the contract:

suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;

suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.

54. The validity of the contract may be suspended upon a written application of the subscriber in the event of leasing (sublease), lease (sublease) of the premises, including the residential premises in which the equipment is installed, for the duration of the contract of hiring (sublease), lease (sublease) . An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion contract that is suspended.

55. Amendments to the agreement concluded in writing, including those relating to the change by the subscriber of the payment system for communication services for data transmission, are formalized by concluding an additional agreement to the agreement.

56. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract.

57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, a new subscriber can become:

a family member of the subscriber who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the equipment is installed;

a member of the subscriber's family who is a minor citizen as of the date of change of the contract. At the same time, before reaching the age of 14, the right to file an application to amend the contract on behalf of a minor citizen has his legal representatives.

58. In the event of reorganization or renaming of a subscriber of a legal entity (except for reorganization in the form of spin-off or division), an amendment may be made to the contract regarding the indication of the legal successor or the new name of the subscriber - legal entity. When a legal entity is reorganized in the form of separation or division, the question of which of the successors should be entered into an agreement with is decided in accordance with the separation balance sheet.

59. In the event of termination of the contract, the communication operator's obligations to provide the subscriber with the possibility of access to communication services provided by another communication operator are terminated.

60. In case of termination of the subscriber's right to own or use the premises in which the equipment is installed, the contract with the subscriber is terminated. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.

V. Procedure for submitting and considering claims

61. The subscriber and (or) the user has the right to appeal against the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.

62. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

63. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

64. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide communication services for data transmission, the subscriber and (or) user, before applying to the court, submits a claim to the telecom operator.

65. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract shall be made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or invoicing for the service provided.

A copy of the contract is attached to the claim, as well as other documents necessary for considering the claim on the merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the event of a claim for damages - about the fact and amount of damage caused.

66. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted the claim in writing about the results of the consideration of the claim.

If the claim was recognized by the telecom operator as justified, the identified deficiencies are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

If the telecom operator recognized as justified the requirements of the subscriber and (or) user to reduce the amount of payment for the rendered communication services for data transmission, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return paid for the provision of communication services for data transmission funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements are subject to satisfaction within 10 days from the date of filing a claim.

If the claim is rejected in whole or in part, or if a response is not received within the period established for its consideration, the subscriber and (or) user have the right to file a claim in court.

VI. Responsibility of the parties

67. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network;

b) violation of the terms established in the contract for the provision of communication services for data transmission;

c) failure to provide communication services for the transfer of data specified in the contract;

d) poor-quality provision of communication services for data transmission, including as a result of improper maintenance of the data transmission network;

e) violation of the secrecy of information transmitted over a data transmission network;

f) violation of the established restrictions on the dissemination of information about a citizen subscriber that became known to the telecom operator by virtue of the execution of the contract.

68. In case of violation of the established terms for the provision of communication services for the transfer of data, a citizen subscriber, at his choice, has the right to:

a) assign a new period to the telecom operator, during which the communication service for data transmission must be provided;

b) entrust the provision of communication services for the transfer of data to third parties at a reasonable price and demand that the telecom operator reimburse the costs incurred;

c) demand a reduction in the cost of the communication service for data transmission;

d) cancel the contract.

69. In addition to the requirements made by a citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays a penalty to a citizen subscriber:

in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher amount of the penalty is not specified in the contract, but not more than the fee specified in the contract;

in case of violation of the established terms for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of the provision of communication services for data transmission, if a higher amount of the penalty is not specified in the contract, but not more than the cost of the service data communications.

If the cost of the communication service for data transmission is not determined, the amount of the penalty is determined based on the total cost of the communication service for data transmission that existed in the place where the requirement of the subscriber and (or) user had to be satisfied by the telecom operator, on the day of voluntary satisfaction of such a requirement or on the day of the court decision, if the requirement of the subscriber and (or) the user was not voluntarily satisfied.

70. In case of violation by the telecom operator of the established terms for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user has the right to demand, at their choice:

a) gratuitous elimination of shortcomings in the provision of communication services for data transmission;

b) a corresponding reduction in the cost of communication services for data transmission;

c) reimbursement of expenses incurred by them to eliminate the shortcomings of the provided communication service for data transmission on their own or by third parties.

72. In the event that the telecom operator violates the secrecy of information transmitted over the data transmission network and the requirements to restrict the dissemination of information about a citizen subscriber that became known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, compensates for the losses caused by these actions.

73. In case of non-submission, incomplete or untimely submission of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the communication services provided for data transmission and compensation for losses incurred.

74. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for communication services for data transmission;

b) non-compliance with the rules of operation of the equipment;

c) non-compliance with the ban on connecting equipment to the subscriber line that does not meet the established requirements.

75. In case of non-payment, incomplete or late payment for data communication services, the subscriber and (or) user shall pay the communication operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid communication services for data transmission (unless a smaller amount is specified in the contract) for each day of delay up to the day of repayment of the debt, but not more than the amount payable.

76. In the event that the subscriber and (or) user fails to comply with the rules for operating the equipment or does not comply with the ban on connecting equipment that does not meet the established requirements to the subscriber line, the telecom operator has the right to apply to the court with a claim for compensation for the losses caused by such actions of the subscriber and (or) user.

77. The telecom operator shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.

APPENDIX No. 3

to Contract No. _____________

from "___" ______________ 201__
SERVICE RULES

data communication, telematic communication services,

other services and services

(hereinafter referred to as the Rules)
The recipient of this Service can be any adult individual, hereinafter referred to as the “Subscriber”, who needs the Service and has the technical ability to receive it.
These Rules are an integral part of the Communication Services Agreement.
The contract is concluded for an indefinite period
The concepts used in the Agreement and the Rules mean the following:
Subscriber - user of communication services on the basis of the Agreement and these Rules with the allocation of a unique identification code

Personal Area– web - a page on the Operator's website containing statistical information about the current state of the Personal Account. In addition, on this page, the Subscriber subscribes to the Services, changes the tariff plan and blocks the Services by the Subscriber.

Type (type) of the Subscriber's equipment -any equipment that supports the interface Ethernet and IP protocol

  1. Service

1.1. The Service includes the following services (services, services) supported and provided by the Operator, namely:

  • packet-switched data transmission over protocols based on the Internet Protocol (IP) (data communication services, with the exception of data communication services for the purposes of voice information transmission);

  • access service information resources, including Internet access;

  • personal access to balance and statistical indicators of the use of the Service on terms that ensure the confidentiality of information about the Subscriber;

  • free provision to the Subscriber of information about the state of his personal account;

  • other services, services provided in accordance with the current legislation of the Russian Federation, the Price List and these Rules.
1.2. The Service does not include teaching the Subscriber how to work with the Internet, setting up or diagnosing a personal computer and software Subscriber.

1.3. Provision of services for providing access to the Operator's data transmission network:


      1. The Operator undertakes to provide services for providing access to the data transmission network (perform work on the formation of a subscriber line and connection of the Subscriber's equipment to the Operator's data transmission network with its help) within 7 (seven) working days from the date of signing the Agreement.

      2. Works are performed within the period specified in this paragraph, provided that the Subscriber provides access to the OPERATOR's representatives to the premises (apartment, etc.) where the Subscriber's equipment is located, as well as the Subscriber provides assistance (ensuring access and obtaining approval) specified in paragraph 1.3. 4. Agreement.

      3. The Subscriber is obliged to provide, at the request of the Operator, a distribution kit operating system installed on the Subscriber's computer for correct installation and configuration of the network card.

      4. The subscriber guarantees that he is the owner (family member of the owner) or tenant of the apartment, non-residential premises and the corresponding part of the common areas (attics and basements, stairwells and openings of the house, etc.), at the address specified in the Order (application) (Appendix No. 1 of the Agreement). The Subscriber is obliged to provide the Operator with the possibility of access to the low-current part of the electrical panels on all floors of the house (building) in which the installation work. If the connection is made in a rented premises, the Subscriber guarantees that he has received a written consent for the work and / or equipment from the owner of the building / premises (lessor).

      5. If the work on the formation of the subscriber line is of particular complexity (European-quality repair, safe-door, etc.), the Operator has the right to change the cost of work in agreement with the Subscriber, postpone the work performance date with the obligatory notification of the Subscriber or refuse to perform work and, accordingly, from execution of this Agreement. At the same time, such a postponement of the work performance will not be a violation of the terms for providing access to the data transmission network.

      6. Technical means, which are used to provide data transmission services, including the cable to the Subscriber's apartment (premises), is serviced by the Operator and is the property of the Operator.

  1. Technical description and procedure for the provision of the Service
2.1. Permanent connection

2.1.1. Description of the Service: A permanent connection provides a non-switched round-the-clock connection to the Operator's data network with the ability to access information resources and standard services via IP protocol computer networks from the subscriber's computer.

A permanent connection requires the organization of a separate data transmission channel to the location of the Subscriber's computer. The method of organizing a particular channel is determined based on the required parameters of the Service, the address of the end of the channel and the technical capabilities of the Operator at this address. Used subscriber interface – Ethernet/FastEthernet (10/100Base-T), protocol – TCP/IP.

2.1.2. How to set up a permanent connection

2.1.2.1. The subscriber draws up a request (application) for the possibility of organizing a permanent connection, which indicates:

a) full name of the Subscriber;

b) the exact address where the Subscriber needs a communication channel;

c) contact persons on the part of the Subscriber (responsible and technical representatives);

d) contact phone number, e-mail.
2.1.2.2. Determining technical feasibility.

The Operator, within a reasonable time, finds out the availability of a technical capability and informs the Subscriber about its presence/absence.

If there is a technical possibility, the Operator informs the Subscriber of the cost and technical and/or organizational details of connection options.
2.1.2.3. If the Subscriber agrees to connect to the Service, the Operator fills out an application for connecting the Subscriber. The operator enters passport data and the selected tariff into the application. At the same time, the corresponding Contract No. and Personal Account No., as well as a login/password for entering the Personal Account are automatically generated.

Russian Federation Decree of the Government of the Russian Federation

On approval of the Rules for the provision of communication services for data transmission

set a bookmark

set a bookmark

APPROVED
Government Decree
Russian Federation
dated January 23, 2006 N 32

RULES
provision of communication services for data transmission

I. General provisions

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, in the provision of communication services for data transmission.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission when a unique identification code is allocated for these purposes;

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of physical circuits connecting means of communication with user (terminal) equipment;

"subscriber terminal" - user (terminal) equipment used by a subscriber and (or) user to connect to a communication node of a data transmission network using a subscriber line;

"information transfer reliability" - one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side of the established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;

"user of communication services for data transmission" - a person ordering and (or) using communication services for data transmission;

"information packet" - a telecommunication message that is transmitted over a data transmission network and which contains the data necessary for its switching by a communication node;

"data transfer protocol" - a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between devices in a data transmission network;

"providing access to a data transmission network" - a set of actions of a data communication network operator to form a subscriber line and connect, with its help, user (terminal) equipment to a communication node of a data transmission network or provide the ability to connect user (terminal) equipment to a data transmission network from using a telephone connection or a connection via another data transmission network in order to ensure the possibility of providing the subscriber with communication services for data transmission;

"providing the possibility of access to communication services for data transmission" - the provision by one communication operator of the possibility of receiving communication services for data transmission by its subscriber, provided by another communication operator;

"data network connection (communication session)" - established as a result of a call or pre-established interaction between communication facilities, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;

"technical possibility of providing access to a data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which it is requested to connect the user (terminal) equipment to the data transmission network, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"tariff plan" - a set of price conditions on which the telecom operator offers to use one or more communication services for data transmission;

"communication node of the data transmission network" - means of communication that perform the functions of switching systems.

3. The relationship of a telecom operator providing communication services for data transfer (hereinafter referred to as the telecom operator), with a subscriber and (or) user, arising from the provision of communication services for data transfer on the territory of the Russian Federation, is carried out in Russian.

4. The communications operator is obliged to ensure the secrecy of information transmitted over the data transmission network.

Restriction of the right to secrecy of information transmitted over a data transmission network is allowed only in cases provided for by federal laws.

Information about information transmitted over a data transmission network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about the subscriber that became known to the telecom operator by virtue of the execution of the contract for the provision of communication services for data transfer (hereinafter referred to as the contract) can be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, except for cases prescribed by federal laws.

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of communication services for data transmission.

6. User (terminal) equipment (hereinafter - equipment) that meets the established requirements can be connected to the subscriber line.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise provided by the legislation of the Russian Federation.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purposes of transmission of voice information;

communication services for data transmission for the purposes of voice information transmission.

9. The telecom operator has the right to provide to the subscriber those communication services for data transmission, for the provision of which this telecom operator has been issued a license, in accordance with the license conditions provided for in the license issued to the telecom operator.

The provision of communication services for data transmission may be accompanied by the provision by the communication operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and 32 of these Rules.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transmission.

11. Paid and free information and reference services are provided in the information and reference service system.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, on the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the state of his personal account;

c) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of communication services for data transmission;

d) provision of information on the rendered communication services for data transmission and necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using autoinformers.

14. The telecom operator independently determines the list and time of provided paid information and reference services.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for the conclusion and execution of the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license (licenses) issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, the conditions and procedure for their provision, including the used subscriber interfaces and data transmission protocols;

d) the range of values ​​of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values ​​​​necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and systems of payment for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) an indication of the places where the subscriber and (or) the user can fully familiarize themselves with these Rules.

16. The telecom operator is obliged, at the request of a citizen, legal entity or individual entrepreneur, to provide him, in addition to the information provided for in paragraph 15 of these Rules, additional information related to the provision of communication services for data transmission.

The specified information in Russian (if necessary, in other languages) in a visual and accessible form is communicated free of charge through the mass media and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur.

II. The procedure and conditions for concluding an agreement

17. Communication services for data transmission are provided on the basis of a paid contract.

18. The parties under the contract are a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand.

19. To conclude an agreement, the applicant submits to the telecom operator an application in 2 copies in the form established by the telecom operator.

The application is registered by the telecom operator. One copy remains with the telecom operator, the other is handed to the applicant.

The procedure for registering applications for concluding an agreement is established by the telecom operator.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.

When submitting an application for concluding an agreement, a representative of a legal entity submits a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of the legal entity.

An individual entrepreneur, when submitting an application for concluding an agreement, presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for the conclusion of the contract, checks whether it is technically possible to provide access to the data transmission network. If there is such a technical possibility, the telecom operator concludes an agreement with the applicant.

22. An agreement concluded with a citizen is a public agreement. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant in writing of its refusal within a period not exceeding 10 days from the date of completion of the technical capability check.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the conclusion of the contract. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.

24. The agreement is concluded in writing in 2 copies, one of which is handed over to the subscriber, or by performing conclusive actions.

Through the implementation of conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at collective access points. This agreement is considered concluded from the moment the subscriber and (or) user performs actions aimed at establishing a connection over a data transmission network (communication session).

25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

26. The following data must be indicated in the contract:

a) the date and place of conclusion of the contract;

b) the name (company name) of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location - for a legal entity;

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) address of equipment installation;

g) type (type) of equipment;

h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);

i) consent (refusal) of the subscriber to use information about him for information and reference services;

j) the method of delivery of the invoice for the rendered communication services for data transmission;

k) rights, duties and responsibilities of the parties;

l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of communication services for data transmission;

m) the duration of the contract.

27. The following essential conditions must be indicated in the contract:

a) used subscriber interfaces and data transfer protocols;

b) rendered communication services for data transmission;

c) payment system for communication services for data transmission;

d) procedure, terms and form of settlements.

28. When concluding a contract, it is not allowed to extract a number from the numbering resource of a geographically defined or geographically undefined numbering zone as a unique identification code.

29. The telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

30. The telecom operator is not entitled to condition the provision of one communication service for data transmission by the obligatory provision of other services.

III. The procedure and conditions for the execution of the contract

31. The telecom operator is obliged:

a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;

b) eliminate within the established time limits the malfunctions that prevent the use of communication services for data transmission;

c) notify subscribers and (or) users through the mass media and in places of work with subscribers and (or) users about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs;

d) appoint, in agreement with the subscriber and (or) user, a new deadline for the performance of communication services for data transmission, if the failure to comply with the deadline was due to force majeure circumstances.

32. The subscriber is obliged:

a) pay a fee for the communication services provided to him for data transmission and other services provided for in the contract in full and within the terms specified by the contract;

b) do not connect to the subscriber line equipment that does not meet the established requirements;

c) notify the telecom operator, within a period not exceeding 60 days, of the termination of their right to own and (or) use the premises in which the equipment is installed, as well as the change, respectively, of the surname (first name, patronymic) and place of residence, name (company name) and location;

e) follow the rules for operating the equipment.

33. The subscriber has the right:

a) refuse at any time unilaterally from the execution of the contract, subject to payment of the costs actually incurred by the telecom operator for the provision of data communication services to this subscriber;

b) refuse to pay for communication services not provided for by the contract for the transfer of data provided to him without his consent;

c) appoint, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if the failure to comply with the deadlines was due to force majeure circumstances, which the subscriber was informed about before the expiration of the appointed term for the provision of communication services for data transmission.

34. In order to connect to the subscriber line means of communication that ensure the simultaneous sharing by two telecom operators of one subscriber line, the telecom operator is obliged to change the scheme for switching on the equipment operating on a separate subscriber line upon receipt from another telecom operator of a request for such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing the specified scheme are regulated by an agreement concluded between telecom operators.

35. Payment for communication services for data transmission can be carried out according to a subscriber or time-based payment system or according to the volume of received and (or) transmitted information.

36. The fee for providing access to the data transmission network by the telecom operator is charged once for each fact of providing access to the data transmission network.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

37. The unit of charging for a connection over a data transmission network (communication session) is established by the communication operator, but cannot be more than 1 minute for communication services for data transmission for the purposes of voice information transmission.

Accounting for the duration of a connection over a data transmission network (communication session) is carried out in accordance with the billing unit adopted by the telecom operator.

38. The duration of the connection over the data transmission network (communication session) used to determine the amount of the fee, when transmitting voice information, is counted from 1 second after the called equipment answers until the calling or called equipment or equipment that replaces the subscriber in his absence hangs up, and when transmitting non-voice information - from the 1st transmitted byte. A connection via a data transmission network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of rendered communication services for data transmission with a time-based payment system.

39. Tariffs for communication services for data transmission, including the tariff used to pay for an incomplete unit of tariffication, are set by the telecom operator, unless otherwise established by the legislation of the Russian Federation.

40. Tariffs can be differentiated by time of day, days of the week, weekends and holidays, by the amount of received and (or) transmitted information, and also depending on the distance between the equipment that is one side of the established connection over the data transmission network (communication session), and equipment that is the other side of this connection (communication session).

41. The fee for a data network connection (communication session) is determined on the basis of its duration, expressed in the number of billing units.

42. When transmitting voice information over a data network to equipment, the response signal of which is equal to the answer of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:

subscriber terminal with an answering machine function;

other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.

43. Payment for data transmission services is carried out by cash or non-cash payment in Russian rubles.

Payment for communication services for data transmission can be made by means of an advance or deferred payment or immediately after the provision of such services in points of collective access.

When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount to his personal account, from which the telecom operator withdraws payments for the communication services rendered to the subscriber for data transmission.

When paying for communication services for data transmission by means of deferred payment, payment is made at the end of the billing period. Communication services for data transmission are paid for within the period established by the telecom operator, while the specified period should not be less than 10 days from the end date of the billing period. A longer period of payment for data communication services may be stipulated by the contract.

44. The basis for billing the subscriber and (or) the user for the provided connections over the data network (communication sessions) is the data obtained using the equipment used by the telecom operator to account for the volume of rendered communication services for data transmission.

45. The payment card for communication services for data transmission contains encoded information used to inform the communication operator of information about payment for communication services for data transmission, as well as the following information:

a) the name (company name) of the telecom operator that issued the card;

b) the name of the types of communication services for data transmission, paid using the card;

c) the amount of the advance payment, the payment of which is confirmed by the card;

d) card validity period;

e) reference (contact) phone numbers of the telecom operator;

f) rules for using the payment card;

g) card identification number.

46. ​​The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

47. The settlement period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.

48. The term of payment for communication services for data transmission (except for the subscription fee) should not be less than 15 days from the date of invoicing. A longer payment period may be specified in the contract.

When paying for communication services for data transmission using a subscriber payment system, the calculation for the rendered communication services for data transmission is made no later than 10 days from the end date of the billing period.

49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber's monetary obligations and which contains:

a) details of the telecom operator;

b) information about the subscriber;

c) billing period for which the invoice is issued;

d) number of the subscriber's personal account (in case of advance payment);

e) data on the total duration of connections over the data network (communication sessions) for the billing period (with time-based accounting);

e) the total amount to be paid;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

i) due date for payment of the invoice;

j) the amount to be paid for each type of communication services for data transmission;

k) types of communication services provided for data transmission;

l) the date of provision of each communication service for data transmission;

m) the volume of each communication service for data transmission provided to the subscriber.

50. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered communication services for data transmission within 5 days from the date of issuing this invoice.

At the request of the subscriber, the telecom operator is obliged to detail the invoice, which consists in providing additional information about the rendered communication services for data transmission, for which a separate fee may be charged.

51. The subscriber and (or) user has the right to demand the return of funds paid for the use of communication services for data transmission for the period when it was not possible to use such services through no fault of this subscriber and (or) user.

IV. The procedure and conditions for suspension, modification,
termination and rescission of the contract

52. In the event that the subscriber violates the requirements associated with the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the contract, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.

If such a violation is not eliminated within 6 months from the date of receipt by the subscriber from the telecom operator of a notice in writing of the intention to suspend the provision of communication services for data transmission, the telecom operator has the right to unilaterally terminate the contract.

53. At the written request of the subscriber, the telecom operator is obliged, without termination of the contract:

suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;

suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.

54. The validity of the contract may be suspended upon a written application of the subscriber in the event of leasing (sublease), lease (sublease) of the premises, including the residential premises in which the equipment is installed, for the duration of the contract of hiring (sublease), lease (sublease) . An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion contract that is suspended.

55. Amendments to the agreement concluded in writing, including those relating to the change by the subscriber of the payment system for communication services for data transmission, are formalized by concluding an additional agreement to the agreement.

56. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract.

57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, a new subscriber can become:

a family member of the subscriber who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the equipment is installed;

a member of the subscriber's family who is a minor citizen as of the date of change of the contract. At the same time, before reaching the age of 14, the right to file an application to amend the contract on behalf of a minor citizen has his legal representatives.

58. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), an amendment may be made to the agreement regarding the indication of the legal successor or the new name of the subscriber - legal entity. When a legal entity is reorganized in the form of separation or division, the question of which of the successors should be entered into an agreement with is decided in accordance with the separation balance sheet.

59. In the event of termination of the contract, the communication operator's obligations to provide the subscriber with the possibility of access to communication services provided by another communication operator are terminated.

60. In case of termination of the subscriber's right to own or use the premises in which the equipment is installed, the contract with the subscriber is terminated. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.

V. Procedure for submitting and considering claims

61. The subscriber and (or) the user has the right to appeal against the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.

62. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

63. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

64. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide communication services for data transmission, the subscriber and (or) user, before applying to the court, submits a claim to the telecom operator.

65. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract shall be made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or invoicing for the service provided.

A copy of the contract is attached to the claim, as well as other documents necessary for considering the claim on the merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the event of a claim for damages - about the fact and amount of damage caused.

66. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted the claim in writing about the results of the consideration of the claim.

If the claim was recognized by the telecom operator as justified, the identified deficiencies are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

If the telecom operator recognized as justified the requirements of the subscriber and (or) user to reduce the amount of payment for the rendered communication services for data transmission, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return paid for the provision of communication services for data transmission funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements are subject to satisfaction within 10 days from the date of filing a claim.

If the claim is rejected in whole or in part, or if a response is not received within the period established for its consideration, the subscriber and (or) user have the right to file a claim in court.

VI. Responsibility of the parties

67. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network;

b) violation of the terms established in the contract for the provision of communication services for data transmission;

c) failure to provide communication services for the transfer of data specified in the contract;

d) poor-quality provision of communication services for data transmission, including as a result of improper maintenance of the data transmission network;

e) violation of the secrecy of information transmitted over a data transmission network;

f) violation of the established restrictions on the dissemination of information about a citizen subscriber that became known to the telecom operator by virtue of the execution of the contract.

68. In case of violation of the established terms for the provision of communication services for the transfer of data, a citizen subscriber, at his choice, has the right to:

a) assign a new period to the telecom operator, during which the communication service for data transmission must be provided;

b) entrust the provision of communication services for the transfer of data to third parties at a reasonable price and demand that the telecom operator reimburse the costs incurred;

c) demand a reduction in the cost of the communication service for data transmission;

d) cancel the contract.

69. In addition to the requirements made by a citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays a penalty to the citizen subscriber:

in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher amount of the penalty is not specified in the contract, but not more than the fee specified in the contract;

in case of violation of the established terms for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of the provision of communication services for data transmission, if a higher amount of the penalty is not specified in the contract, but not more than the cost of the service data communications.

If the cost of the communication service for data transmission is not determined, the amount of the penalty is determined based on the total cost of the communication service for data transmission that existed in the place where the requirement of the subscriber and (or) user had to be satisfied by the telecom operator, on the day of voluntary satisfaction of such a requirement or on the day of the court decision, if the requirement of the subscriber and (or) the user was not voluntarily satisfied.

70. In case of violation by the telecom operator of the established terms for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user has the right to demand, at their choice:

a) gratuitous elimination of shortcomings in the provision of communication services for data transmission;

b) a corresponding reduction in the cost of communication services for data transmission;

c) reimbursement of expenses incurred by them to eliminate the shortcomings of the provided communication service for data transmission on their own or by third parties.

72. In the event that the telecom operator violates the secrecy of information transmitted over the data transmission network and the requirements to restrict the dissemination of information about a citizen subscriber that became known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, compensates for the losses caused by these actions.

73. In case of non-submission, incomplete or untimely submission of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the communication services provided for data transmission and compensation for losses incurred.

74. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for communication services for data transmission;

b) non-compliance with the rules of operation of the equipment;

c) non-compliance with the ban on connecting equipment to the subscriber line that does not meet the established requirements.

75. In case of non-payment, incomplete or late payment for data communication services, the subscriber and (or) user shall pay the communication operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid communication services for data transmission (unless a smaller amount is specified in the contract) for each day of delay up to the day of repayment of the debt, but not more than the amount payable.

76. In the event that the subscriber and (or) user fails to comply with the rules for operating the equipment or does not comply with the ban on connecting equipment that does not meet the established requirements to the subscriber line, the telecom operator has the right to apply to the court with a claim for compensation for the losses caused by such actions of the subscriber and (or) user.

77. The telecom operator shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.

Decree of the Government of the Russian Federation of January 23, 2006 N 32
"On approval of the Rules for the provision of communication services for data transmission"

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:

Approve the attached Rules for the provision of communication services for data transmission and put them into effect from July 1, 2006.

Rules
provision of communication services for data transmission
(approved by Decree of the Government of the Russian Federation of January 23, 2006 N 32)

With changes and additions from:

I. General provisions

1. These Rules govern the relationship between the subscriber and (or) user, on the one hand, and the telecom operator, on the other hand, in the provision of communication services for data transmission.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of communication services for data transmission, with whom an agreement has been concluded for the provision of communication services for data transmission when a unique identification code is allocated for these purposes;

"subscriber line"- communication line connecting the user (terminal) equipment with the communication node of the data transmission network;

"user interface"- technical and technological parameters of physical circuits connecting means of communication with user (terminal) equipment;

"user terminal"- user (terminal) equipment used by a subscriber and (or) user to connect to a communication node of a data transmission network using a subscriber line;

"authenticity of information transfer"- one-to-one correspondence of information packets transmitted by the user (terminal) equipment, which is one side of the established connection over the data network, and received by the user (terminal) equipment, which is the other side of this connection;

"data communication service user"- a person ordering and (or) using communication services for data transmission;

"information package"- a telecommunication message that is transmitted over a data transmission network and which contains the data necessary for its switching by a communication node;

"data transfer protocol"- a formalized set of requirements for the structure of information packets and the algorithm for exchanging information packets between data transmission network devices;

"providing access to the data network"- a set of actions of the communication operator of the data transmission network to form a subscriber line and connect with its help the user (terminal) equipment to the communication node of the data transmission network or provide the possibility of connecting the user (terminal) equipment to the data transmission network using a telephone connection or a connection over another network data transmission in order to ensure the possibility of providing the subscriber with communication services for data transmission;

"providing access to communication services for data transmission"- provision by one telecom operator of the possibility of its subscriber receiving communication services for data transmission provided by another telecom operator;

"data network connection (communication session)"- established as a result of a call or pre-established interaction between means of communication, allowing the subscriber and (or) user to transmit and (or) receive voice and (or) non-voice information;

"technical ability to provide access to the data network"- the simultaneous presence of an unused mounted capacity of the communication center, in the coverage area of ​​which the connection of the user (terminal) equipment to the data transmission network is requested, and unused communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"tariff plan" - a set of price conditions on which the telecom operator offers to use one or more communication services for data transmission;

"communication node of data transmission network"- means of communication that perform the functions of switching systems.

3. The relationship of a telecom operator providing communication services for data transfer (hereinafter referred to as the telecom operator), with a subscriber and (or) user, arising from the provision of communication services for data transfer on the territory of the Russian Federation, is carried out in Russian.

4. The communications operator is obliged to ensure the secrecy of information transmitted over the data transmission network.

Restriction of the right to secrecy of information transmitted over a data transmission network is allowed only in cases provided for by federal laws.

Information about information transmitted over a data transmission network may be provided only to subscribers and (or) users or their authorized representatives, unless otherwise provided by federal laws.

Information about a citizen subscriber that has become known to the telecom operator by virtue of the execution of an agreement on the provision of communication services for data transfer (hereinafter referred to as the agreement) may be used by the telecom operator to provide reference and other information services or transferred to third parties only with the written consent of this subscriber, for except as otherwise provided by federal law.

The consent of a citizen subscriber to the processing of his personal data in order to carry out settlements by the telecom operator for the rendered communication services, as well as to consider claims is not required.

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of communication services for data transmission.

6. User (terminal) equipment (hereinafter - equipment) that meets the established requirements can be connected to the subscriber line.

The obligation to provide equipment to be connected to the subscriber line rests with the subscriber, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) user with the opportunity to use communication services for data transfer 24 hours a day, unless otherwise provided by the legislation of the Russian Federation.

8. Communication services for data transmission are divided into:

communication services for data transmission, with the exception of communication services for data transmission for the purposes of transmission of voice information;

communication services for data transmission for the purposes of voice information transmission.

9. The telecom operator has the right to provide to the subscriber those communication services for data transmission, for the provision of which this telecom operator has been issued a license, in accordance with the license conditions provided for in the license issued to the telecom operator.

The provision of communication services for data transmission may be accompanied by the provision by the communication operator of other services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value, subject to the requirements provided for in paragraphs 31 and these Rules.

The list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value is determined by the telecom operator.

10. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of communication services for data transmission.

11. Paid and free information and reference services are provided in the information and reference service system.

12. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on tariffs for communication services for data transmission, on the territory for the provision of communication services for data transmission (service area);

b) providing the subscriber with information about the state of his personal account;

c) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of communication services for data transmission;

d) provision of information on the rendered communication services for data transmission and necessary explanations.

13. The list of free information and reference services provided for in paragraph 12 of these Rules cannot be reduced.

The provision of free information and reference services can be carried out using autoinformers.

14. The telecom operator independently determines the list and time of provided paid information and reference services.

15. The telecom operator is obliged to provide the citizen, legal entity or individual entrepreneur with the information necessary for the conclusion and execution of the contract, which includes:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license (licenses) issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) a list of communication services for data transmission, the conditions and procedure for their provision, including the used subscriber interfaces and data transmission protocols;

d) the range of values ​​of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values ​​​​necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of communication services for data transmission;

f) tariffs for communication services for data transmission;

g) the procedure, forms and systems of payment for communication services for data transmission;

h) telephone numbers of the information and reference service system;

i) a list of services that are technologically inextricably linked with communication services for data transmission and aimed at increasing their consumer value;

j) an indication of the places where the subscriber and (or) the user can fully familiarize themselves with these Rules.

16. The telecom operator is obliged, at the request of a citizen, legal entity or individual entrepreneur, to provide him, in addition to the information provided for in paragraph 15 of these Rules, additional information related to the provision of communication services for data transmission.

The specified information in Russian (if necessary, in other languages) in a visual and accessible form is communicated free of charge through the website of the telecom operator in the information and telecommunication network "Internet" and the information and reference service system to the attention of a citizen, legal entity or individual entrepreneur. At the request of the subscriber, information can be sent to the e-mail address specified by him or email address self-service system of the telecom operator, through which the subscriber has access to information about the communication services provided to him for data transmission, settlements with the telecom operator and other information ( Personal Area).

II. The procedure and conditions for concluding an agreement

17. Communication services for data transmission are provided on the basis of a paid contract.

18. The parties under the contract are a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand.

19. To conclude an agreement, the applicant submits to the telecom operator an application in 2 copies in the form established by the telecom operator.

The application is registered by the telecom operator. One copy remains with the telecom operator, the other is handed to the applicant.

The procedure for registering applications for concluding an agreement is established by the telecom operator.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

20. When submitting an application for concluding an agreement, a citizen presents a document proving his identity.

When submitting an application for concluding an agreement, a representative of a legal entity submits a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of the legal entity.

An individual entrepreneur, when submitting an application for concluding an agreement, presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

21. The telecom operator, within a period not exceeding 1 month from the date of registration of the application for the conclusion of the contract, checks whether it is technically possible to provide access to the data transmission network. If there is such a technical possibility, the telecom operator concludes an agreement with the applicant.

22. An agreement concluded with a citizen is a public agreement. The contract is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

23. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant in writing of its refusal within a period not exceeding 10 days from the date of completion of the technical capability check.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the conclusion of the contract. The burden of proving the lack of technical ability to provide access to the data network lies with the telecom operator.

24. The agreement is concluded in writing in 2 copies, one of which is handed over to the subscriber, or by performing conclusive actions.

Through the implementation of conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at collective access points. This agreement is considered concluded from the moment the subscriber and (or) user performs actions aimed at establishing a connection over a data transmission network (communication session).

24.1. In case of conclusion fixed-term contract on the provision of one-time data transfer services at public access points, the telecom operator identifies users and the terminal equipment they use.

User identification is carried out by the telecom operator by establishing the last name, first name, patronymic (if any) of the user, confirmed by an identity document, or in another way that ensures the reliable establishment of the specified information, including using the federal state information system " one system identification and authentication in the infrastructure providing information technology interaction information systems used to provide public and municipal services V electronic form", or a reliable identification of the subscriber number assigned to the user in accordance with the contract for the provision of mobile radiotelephone services concluded with the telecom operator.

Identification of the terminal equipment is carried out by means of communication of the telecom operator by determining the unique identifier of the equipment of data transmission networks.

25. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by a third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

26. The following data must be indicated in the contract:

a) the date and place of conclusion of the contract;

b) the name (company name) of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location, main state registration number, individual taxpayer number - for a legal entity;

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) address of equipment installation;

g) type (type) of equipment;

h) technical indicators characterizing the quality of data transmission services (including the bandwidth of the communication line in the data transmission network, loss of information packets, time delays in the transmission of information packets, reliability of information transmission);

i) consent (refusal) of the subscriber to use information about him for information and reference services;

j) the method of delivery of the invoice for the rendered communication services for data transmission;

k) rights, duties and responsibilities of the parties;

l) the obligation of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of communication services for data transmission;

m) the duration of the contract.

26.1. In an agreement with a subscriber - a legal entity or individual entrepreneur, in addition to the data specified in paragraph 26 of these Rules, it is required that a legal entity or an individual entrepreneur provide a telecom operator with a list of persons using its user (terminal) equipment, and a deadline for providing this list is established, and it is also established that this list must be certified by an authorized by a representative of a legal entity or an individual entrepreneur, contain information about persons using its user (terminal) equipment (last name, first name, patronymic (if any), place of residence, details of an identity document), and be updated at least once a quarter.

27. The following essential conditions must be indicated in the contract:

a) used subscriber interfaces and data transfer protocols;

b) rendered communication services for data transmission;

c) payment system for communication services for data transmission;

d) procedure, terms and form of settlements.

28. When concluding a contract, it is not allowed to extract a number from the numbering resource of a geographically defined or geographically undefined numbering zone as a unique identification code.

29. The telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

30. The telecom operator is not entitled to condition the provision of one communication service for data transmission by the obligatory provision of other services.

III. The procedure and conditions for the execution of the contract

31. The telecom operator is obliged:

a) provide the subscriber and (or) user with communication services for data transmission in accordance with the legislation of the Russian Federation, these Rules, license and agreement;

b) to eliminate, within the established time limits, malfunctions that impede the use of communication services for data transmission. Information on the timing of the elimination of faults that prevent the use of communication services for data transmission is posted on the website of the telecom operator in the information and telecommunication network "Internet";

c) notify subscribers and (or) users at the places of work with subscribers and (or) users and through their website in the information and telecommunication network "Internet" about changes in tariffs for communication services for data transmission at least 10 days before the introduction of new tariffs . At the request of the subscriber, notification can be carried out through the e-mail address indicated by him or the e-mail address of his personal account;

d) appoint, in agreement with the subscriber and (or) user, a new deadline for the performance of communication services for data transmission, if the failure to comply with the deadline was due to force majeure circumstances;

Information about changes:

Paragraph 31 was supplemented with subparagraph "e" from November 4, 2017 - Resolution

e) upon receipt of a relevant request from the body carrying out operational-search activities, within 3 working days from the date of receipt of such a request, send a request to the subscriber with a request to confirm the compliance of the personal data of the actual user with the information stated in the contract, indicating the date of termination of the provision of communication services in in case of non-confirmation of the compliance of personal data by one or more of the following methods:

by sending a short text message over a mobile radiotelephone network;

by sending a message using the reference and information service of the telecom operator, including autoinformer;

using the information and telecommunications network "Internet", including by sending a message via e-mail(if there is an address) or by sending a notification using the self-service system of the telecom operator, through which the subscriber has access to information about the communication services provided to him for data transmission and about settlements with the telecom operator, as well as to other information (personal account);

Information about changes:

Paragraph 31 was supplemented by subparagraph "e" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295

f) re-inform the subscriber in the manner prescribed by subparagraph "e" of this paragraph, about the timing of termination of the provision of communication services in case of failure to confirm the compliance of the personal data of the actual user with the information stated in the contract, no later than 3 days before the termination of the provision of communication services;

Information about changes:

Paragraph 31 was supplemented with subparagraph "g" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295

g) provide the subscriber with the opportunity to confirm the compliance of the actual user's personal data with the information stated in the contract by submitting an identity document to the telecom operator, as well as using one of the methods provided by the telecom operator (if any) specified in subparagraph "e" of paragraph 32 of these Rules, informing the subscriber about such methods when sending him a request in accordance with subparagraph "e" of this paragraph, or indicating in the request the email address of the page of the telecom operator's website on the Internet information and telecommunication network, which contains information about such methods.

32. The subscriber is obliged:

a) pay a fee for the communication services provided to him for data transmission and other services provided for in the contract in full and within the terms specified by the contract;

b) do not connect to the subscriber line equipment that does not meet the established requirements;

c) notify the telecom operator, within a period not exceeding 60 days, of the termination of their right to own and (or) use the premises in which the equipment is installed, as well as the change, respectively, of the surname (first name, patronymic) and place of residence, name (company name) and location;

e) comply with the rules for operating the equipment;

Information about changes:

Paragraph 32 was supplemented by subparagraph "e" from November 4, 2017 - Decree of the Government of the Russian Federation of October 25, 2017 N 1295

f) upon receipt of a request from the telecom operator with a requirement to confirm the compliance of the personal data of the actual user with the information stated in the contract, confirm personal data by presenting an identity document to the telecom operator, or one of the following methods provided by the telecom operator:

by sending to the telecom operator electronic document signed with an enhanced qualified electronic signature, or when accessing the telecom operator's self-service system, through which the subscriber accesses information about the communication services provided to him for data transmission and settlements with the telecom operator, as well as other information (personal account), with using an enhanced qualified electronic signature;

using the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction of information systems used to provide state and municipal services in electronic form" in the presence of a confirmed account in system.

33. The subscriber has the right:

a) refuse at any time unilaterally from the execution of the contract, subject to payment of the costs actually incurred by the telecom operator for the provision of data communication services to this subscriber;

b) refuse to pay for communication services not provided for by the contract for the transfer of data provided to him without his consent;

c) appoint, in agreement with the telecom operator, a new term for the provision of communication services for data transmission, if the failure to comply with the deadlines was due to force majeure circumstances, which the subscriber was informed about before the expiration of the appointed term for the provision of communication services for data transmission.

34. In order to connect to the subscriber line means of communication that ensure the simultaneous sharing by two telecom operators of one subscriber line, the telecom operator is obliged to change the scheme for switching on the equipment operating on a separate subscriber line upon receipt from another telecom operator of a request for such a change, agreed in writing with the subscriber. In this case, the procedure and conditions for changing the specified scheme are regulated by an agreement concluded between telecom operators.

35. Payment for communication services for data transmission can be carried out according to a subscriber or time-based payment system or according to the volume of received and (or) transmitted information.

36. The fee for providing access to the data transmission network by the telecom operator is charged once for each fact of providing access to the data transmission network.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

37. The unit of charging for a connection over a data transmission network (communication session) is established by the communication operator, but cannot be more than 1 minute for communication services for data transmission for the purposes of voice information transmission.

Accounting for the duration of a connection over a data transmission network (communication session) is carried out in accordance with the billing unit adopted by the telecom operator.

38. The duration of the connection over the data transmission network (communication session) used to determine the amount of the fee, when transmitting voice information, is counted from 1 second after the called equipment answers until the calling or called equipment or equipment that replaces the subscriber in his absence hangs up, and when transmitting non-voice information - from the 1st transmitted byte. A connection via a data transmission network (communication session) when transmitting voice information lasting less than 2 seconds is not taken into account in the volume of rendered communication services for data transmission with a time-based payment system.

39. Tariffs for communication services for data transmission, including the tariff used to pay for an incomplete unit of tariffication, are set by the telecom operator, unless otherwise established by the legislation of the Russian Federation.

40. Tariffs can be differentiated by time of day, days of the week, weekends and holidays, by the amount of received and (or) transmitted information, and also depending on the distance between the equipment that is one side of the established connection over the data transmission network (communication session), and equipment that is the other side of this connection (communication session).

41. The fee for a data network connection (communication session) is determined on the basis of its duration, expressed in the number of billing units.

42. When transmitting voice information over a data network to equipment, the response signal of which is equal to the answer of the called subscriber and serves as the starting point for the duration of the connection over the data network (communication session), include:

subscriber terminal with an answering machine function;

other equipment that replaces the subscriber in his absence and provides or simulates the exchange of information.

43. Payment for data transmission services is carried out by cash or non-cash payment in Russian rubles.

Payment for communication services for data transmission can be made by means of an advance or deferred payment or immediately after the provision of such services in points of collective access.

When paying for communication services for data transmission by means of an advance payment, the subscriber deposits a certain amount to his personal account, from which the telecom operator withdraws payments for the communication services rendered to the subscriber for data transmission.

When paying for communication services for data transmission by means of deferred payment, payment is made at the end of the billing period. Communication services for data transmission are paid for within the period established by the telecom operator, while the specified period should not be less than 10 days from the end date of the billing period. A longer period of payment for data communication services may be stipulated by the contract.

44. The basis for billing the subscriber and (or) the user for the provided connections over the data network (communication sessions) is the data obtained using the equipment used by the telecom operator to account for the volume of rendered communication services for data transmission.

45. The payment card for communication services for data transmission contains encoded information used to inform the communication operator of information about payment for communication services for data transmission, as well as the following information:

a) the name (company name) of the telecom operator that issued the card;

b) the name of the types of communication services for data transmission, paid using the card;

c) the amount of the advance payment, the payment of which is confirmed by the card;

d) card validity period;

e) reference (contact) phone numbers of the telecom operator;

f) rules for using the payment card;

g) card identification number.

46. ​​The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

47. The settlement period for which an invoice is issued for the provision of communication services for data transmission should not exceed 1 month.

48. The term of payment for communication services for data transmission (except for the subscription fee) should not be less than 15 days from the date of invoicing. A longer payment period may be specified in the contract.

When paying for communication services for data transmission using a subscriber payment system, the calculation for the rendered communication services for data transmission is made no later than 10 days from the end date of the billing period.

49. An invoice issued to a subscriber for communication services for data transmission is a settlement document that reflects data on the subscriber's monetary obligations and which contains:

a) details of the telecom operator;

b) information about the subscriber;

c) billing period for which the invoice is issued;

d) number of the subscriber's personal account (in case of advance payment);

e) data on the total duration of connections over the data network (communication sessions) for the billing period (with time-based accounting);

e) the total amount to be paid;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

i) due date for payment of the invoice;

j) the amount to be paid for each type of communication services for data transmission;

k) types of communication services provided for data transmission;

l) the date of provision of each communication service for data transmission;

m) the volume of each communication service for data transmission provided to the subscriber.

50. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered communication services for data transmission within 5 days from the date of issuing this invoice.

At the request of the subscriber, the telecom operator is obliged to detail the invoice, which consists in providing additional information about the rendered communication services for data transmission, for which a separate fee may be charged.

51. The subscriber and (or) user has the right to demand the return of funds paid for the use of communication services for data transmission for the period when it was not possible to use such services through no fault of this subscriber and (or) user.

IV. The procedure and conditions for suspension, modification, termination and termination of the contract

52. In case of violation by the subscriber of the requirements associated with the provision of communication services for data transmission, established by the Federal Law "On Communications", these Rules and the agreement, including violation of the terms of payment for the rendered communication services for data transmission, the telecom operator has the right to suspend the provision of communication services on data transfer until the violation is eliminated, notifying the subscriber about it.

If such a violation is not eliminated within 6 months from the date of receipt by the subscriber from the telecom operator of a notice in writing of the intention to suspend the provision of communication services for data transmission, the telecom operator has the right to unilaterally terminate the contract.

53. At the written request of the subscriber, the telecom operator is obliged, without termination of the contract:

suspend the provision of data communication services to the subscriber. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases;

suspend the provision of access to communication services for data transmission and (or) services of the information and reference service system.

54. The validity of the contract may be suspended upon a written application of the subscriber in the event of leasing (sublease), lease (sublease) of the premises, including the residential premises in which the equipment is installed, for the duration of the contract of hiring (sublease), lease (sublease) . An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion contract that is suspended.

55. Amendments to the agreement concluded in writing, including those relating to the change by the subscriber of the payment system for communication services for data transmission, are formalized by concluding an additional agreement to the agreement.

56. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract.

57. With the written consent of the subscriber, an amendment may be made to the contract regarding the indication of a new citizen subscriber in it. In this case, a new subscriber can become:

a family member of the subscriber who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the equipment is installed;

a member of the subscriber's family who is a minor citizen as of the date of change of the contract. At the same time, before reaching the age of 14, the right to file an application to amend the contract on behalf of a minor citizen has his legal representatives.

58. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), an amendment may be made to the agreement regarding the indication of the legal successor or the new name of the subscriber - legal entity. When a legal entity is reorganized in the form of separation or division, the question of which of the successors should be entered into an agreement with is decided in accordance with the separation balance sheet.

59. In the event of termination of the contract, the communication operator's obligations to provide the subscriber with the possibility of access to communication services provided by another communication operator are terminated.

60. In case of termination of the subscriber's right to own or use the premises in which the equipment is installed, the contract with the subscriber is terminated. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude a new agreement with him within 30 days.

V. Procedure for submitting and considering claims

61. The subscriber and (or) the user has the right to appeal against the decisions and actions (inaction) of the telecom operator related to the provision of communication services for data transmission.

62. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

63. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

64. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide communication services for data transmission, the subscriber and (or) user, before applying to the court, submits a claim to the telecom operator.

65. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide communication services for data transmission, untimely or improper fulfillment of obligations arising from the contract shall be made within 6 months from the date of provision of communication services for data transmission, refusal to provide them or invoicing for the service provided.

A copy of the contract is attached to the claim, as well as other documents necessary for considering the claim on the merits, which must contain information about non-fulfillment or improper fulfillment of obligations under the contract, and in the event of a claim for damages - about the fact and amount of damage caused.

66. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted the claim in writing about the results of the consideration of the claim.

If the claim was recognized by the telecom operator as justified, the identified deficiencies are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

If the telecom operator recognized as justified the requirements of the subscriber and (or) user to reduce the amount of payment for the rendered communication services for data transmission, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return paid for the provision of communication services for data transmission funds and compensation for losses caused in connection with the refusal to provide communication services for data transmission, these requirements are subject to satisfaction within 10 days from the date of filing a claim.

If the claim is rejected in whole or in part, or if a response is not received within the period established for its consideration, the subscriber and (or) user have the right to file a claim in court.

VI. Responsibility of the parties

67. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network;

b) violation of the terms established in the contract for the provision of communication services for data transmission;

c) failure to provide communication services for the transfer of data specified in the contract;

d) poor-quality provision of communication services for data transmission, including as a result of improper maintenance of the data transmission network;

D) cancel the contract.

69. In addition to the requirements made by a citizen subscriber in accordance with paragraph 68 of these Rules, the telecom operator pays a penalty to a citizen subscriber:

in case of violation of the terms for providing access to the data transmission network - in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher amount of the penalty is not specified in the contract, but not more than the fee specified in the contract;

in case of violation of the established terms for the provision of communication services for data transmission - in the amount of 3 percent of the cost of communication services for data transmission for each hour of delay until the start of the provision of communication services for data transmission, if a higher amount of the penalty is not specified in the contract, but not more than the cost of the service data communications.

If the cost of the communication service for data transmission is not determined, the amount of the penalty is determined based on the total cost of the communication service for data transmission that existed in the place where the requirement of the subscriber and (or) user had to be satisfied by the telecom operator, on the day of voluntary satisfaction of such a requirement or on the day of the court decision, if the requirement of the subscriber and (or) the user was not voluntarily satisfied.

70. In case of violation by the telecom operator of the established terms for the provision of communication services for data transmission, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

71. In case of non-fulfillment or improper fulfillment of obligations in accordance with the agreement, the subscriber and (or) user has the right to demand, at their choice:

a) gratuitous elimination of shortcomings in the provision of communication services for data transmission;

b) a corresponding reduction in the cost of communication services for data transmission;

c) reimbursement of expenses incurred by them to eliminate the shortcomings of the provided communication service for data transmission on their own or by third parties.

72. In the event that the telecom operator violates the secrecy of information transmitted over the data transmission network and the requirements to restrict the dissemination of information about a citizen subscriber that became known to him by virtue of the execution of the contract, the telecom operator, at the request of the subscriber, compensates for the losses caused by these actions.

73. In case of non-submission, incomplete or untimely submission of information on the provision of communication services for data transmission, the subscriber has the right to refuse to fulfill the contract, demand the return of funds paid for the communication services provided for data transmission and compensation for losses incurred.

74. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for communication services for data transmission;

b) non-compliance with the rules of operation of the equipment;

c) non-compliance with the ban on connecting equipment to the subscriber line that does not meet the established requirements.

75. In case of non-payment, incomplete or late payment for data communication services, the subscriber and (or) user shall pay the communication operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid communication services for data transmission (unless a smaller amount is specified in the contract) for each day of delay up to the day of repayment of the debt, but not more than the amount payable.

76. In the event that the subscriber and (or) user fails to comply with the rules for operating the equipment or does not comply with the ban on connecting equipment that does not meet the established requirements to the subscriber line, the telecom operator has the right to apply to the court with a claim for compensation for the losses caused by such actions of the subscriber and (or) user.

77. The telecom operator shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if it proves that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.