THE GOVERNMENT OF THE RUSSIAN FEDERATION
REGULATION
No. 228 of March 16, 2009
ON THE FEDERAL SERVICE
FOR SUPERVISION OF COMMUNICATIONS, INFORMATION TECHNOLOGY,
AND MASS MEDIA
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The Government of the Russian Federation decrees:
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1. To approve the accompanying Statute On the Federal Service for Supervision of Communications, Information Technology, and Mass Media.
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2. To allow the Federal Service for Supervision of Communications, Information Technology, and Mass Media to employ up to four deputy heads, as well as for its central office structure to include up to 10 departments for the main activities of the Service.
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3 - 4. No longer in force since January 28, 2011. - The Regulation No. 39 of January 28, 2011, of the Government of the Russian Federation.
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5. To allow the Federal Service for Supervision of Communications, Information Technology, and Mass Media to employ up to four deputy heads, as well as for its central office structure to include up to 10 departments for the main activities of the Service.
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6. To agree with the proposal of the Ministry of Communications and Mass Media of the Russian Federation of set the location of the central office of the Federal Service for Supervision of Communications, Information Technology, and Mass Media at the following address: 7, bldg 2, Kitaigorodskiy proezd, Moscow, Russia.
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7. To amend acts of the Government of the Russian Federation as follows:
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a) No longer in force. - The Regulation No. 1152 of December 27, 2010, of the Government of the Russian Federation.
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b) The Regulation No. 419 of June 2, 2008, of the Government of the Russian Federation On the Federal Service for Supervision of Communications and Mass Media (Corpus of Legislation of the Russian Federation, 2008, Issue No. 23, article 2709) shall be deemed to have lost force.
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c) Clause 56 of The Amendments of Acts of the Government of the Russian Federation, approved by the Regulation No. 814 of November 7, 2008, of the Government of the Russian Federation On Amending Certain Acts of the Government of the Russian Federation (Corpus of Legislation of the Russian Federation, 2008, Issue No. 46, article 5337) shall be deemed to have lost force.
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d) Clause 54 of The Amendments of Acts of the Government of the Russian Federation, approved by the Regulation No. 43 of November 7, 2008, of the Government of the Russian Federation On Amending Certain Acts of the Government of the Russian Federation (Corpus of Legislation of the Russian Federation, 2009, Issue No. 6, article 738) shall be deemed to have lost force.
The Chairman of the Government
of the Russian Federation
V. PUTIN
Approved by
The Regulation of the Government
of the Russian Federation
No. 228 of March 16, 2009
STATUTE
ON THE FEDERAL SERVICE FOR SUPERVISION OF COMMUNICATIONS,
INFORMATION TECHNOLOGY, AND MASS MEDIA
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I. GENERAL PROVISIONS
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1. The Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) is a Federal Executive Authority of the Russian Federation, performing the following functions: control and supervision of mass media (including electronic mass media), mass communications, information technology, and telecommunications; supervision and statutory compliance control of personal data processing; managing the Radio Frequency Service activities.
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The Federal Service for Supervision of Communications, Information Technology, and Mass Media is a competent federal executive authority for protecting the rights of personal data subjects:
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2. The Federal Service for Supervision of Communications, Information Technology, and Mass Media is affiliated to the Ministry of Communications and Mass Media of the Russian Federation.
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3. The Federal Service for Supervision of Communications, Information Technology, and Mass Media is governed by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, regulatory acts of the Ministry of Communications and Mass Media of the Russian Federation, and this Regulation.
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4. The Federal Service for Supervision of Communications, Information Technology, and Mass Media operates directly and through its regional offices in collaboration with other federal executive authorities, executive authorities of the subjects of the Russian Federation, local self-government authorities, public associations and other organizations.
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II. POWERS
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5. The Federal Service for Supervision of Communications, Information Technology, and Mass Media exercises the following powers:
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5.1. Performing
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5.1.1. state control and supervision
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5.1.1.1. over the compliance with the legislation of the Russian Federation related to mass media and mass communications, television and radio broadcasting;
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5.1.1.2. in communications
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5.1.1.2.1. over the compliance with the requirements for telecommunication and postal communication networking, and with the requirements for design, construction, renovation and operation of telecommunication networks and facilities;
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5.1.1.2.2. over the communications service providers' compliance with the requirements for traffic transfer and routing;
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5.1.1.2.3. over the compliance with the procedure of distribution of the number pool of the Russian national telecommunications network;
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5.1.1.2.4. over the compliance of communications service providers usage of dedicated to them number pool with the prescribed procedure of usage of the number pool of the Russian national telecommunications network;
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5.1.1.2.5. over the federal postal organizations' compliance with the established procedure for recording, storing, and reporting information about monetary transactions, subject to control in accordance with the Russian law; and over the internal inspection arrangement of the federal postal organizations;
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5.1.1.2.6. over the radio spectrum users' compliance with the established procedures, requirements and terms, related to the usage of radio electronic equipment and high frequency devices, including supervision with due regard to reports (data), collected during radio monitoring by the Radio Frequency Service;
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5.1.1.2.7. over the compliance with the rules of telecommunication networks interconnection with public communications network, including the interconnection terms;
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5.1.1.3. in information technologies
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5.1.1.3.1. over the compliance with the requirements of mandatory certification or declaration of conformity for information technologies designed for processing the State Databank of Children Without Parental Custody;
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5.1.1.4. over the compliance of personal data processing with the requirements of the personal data legislation of the Russian Federation;
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5.1.1.5. over submission of mandatory federal copies of documents within the scope of Service's activities;
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5.1.1.6. in the protection of children from information harmful to their health and/or development - over the compliance with the legislation of the Russian Federation related to protection children from information harmful to their health and/or development, and with this legislation requirements for mass media production and publication; broadcasting of television channels, radio stations, television and radio programs; as well as information dissemination via information and telecommunication networks (including the Internet information and telecommunication network) and mobile telephone communications networks (except for control and supervision over the compliance with the legislation of the Russian Federation related to protection of children from information harmful to their health and/or development for content, sold to consumers, in regards to information collected as a result of content classification and specified in documents accompanying the said content, and in regards to the compliance of the content publishing with the regulation requirements; and except for control and supervision over the compliance of educational institutions and scientific organizations with the legislation of the Russian Federation related to protection of children from information harmful to their health and/or development, and with this legislation requirements for content, used both in the educational process and in educational institutions and scientific organizations providing access to information and telecommunication networks, including the Internet information and telecommunication network);
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5.1.2. radio frequency or radio frequency channel assignment, based on the decision of the State Commission for Radio Frequencies;
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5.1.3. registration of assignment of radio frequency and radio frequency channels;
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5.1.4. activity licensing, including monitoring the licensees' compliance with the licensing conditions and requirements:
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5.1.4.1. in television and radio broadcasting;
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5.1.1.2. in providing telecommunications services;
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5.1.4.3. in production of copies of audiovisual works, computer software, databases and audio recordings on any media (except when such activity is carried out independently by persons who have rights to use such copyright items or any items subject to related rights under the federal law or a contract) in accordance with the legislation of the Russian Federation.
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5.1.5. assignment and registration of call signs for identifying civil radio electronic equipment;
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5.1.6. accreditation of experts and expert organizations for content evaluation in order to ensure child information security;
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5.1.7. creation, building and maintenance of a unified automated information system Unified Register of Domain Names, Internet Website Page Locators, and Network Addresses that Allow to Identify Internet Websites Containing Information Prohibited for Distribution in the Russian Federation (hereinafter - the Unified Register).
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5.2. Keeping
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5.2.1. a register of operators holding significant positions in the public communications network;
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5.2(1). Establishing
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5.2(1).1. procedures for licensees' submission of information to the licensing authority about communications service providers that broadcast a television channel or a radio station, under a contract with a broadcaster of such television channel or radio station; and about entities transmitting a television channel or a radio station as original, under a contract with a broadcaster of such television channel or radio station;
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5.2(1).2. procedures for keeping a mass media register by the registration authority;
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5.2(1).3. procedures for creating and keeping a television and radio broadcasting license register by the licensing authority;
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5.2(1).4. procedures for communication service providers, broadcasting television channels and/or radio stations, under a contract with a broadcaster, in submitting information about such broadcasters to the licensing authority;
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5.2(1).5. form of the mass media registration certificate;
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5.2(1).6. form of the foreign printed periodical distribution permit;
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5.2(1).7. procedures for accreditation of experts and expert organizations performing content evaluation, including issuing accreditation certificates, suspension or termination of issued accreditation certificates, keeping a register of accredited experts and expert organizations, and monitoring the activities of accredited experts and expert organizations;
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5.2(1).8. procedures for interaction of the Unified Register operators with hosting providers; and procedures for gaining access to the Unified Register data for Internet access service providers.
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5.2.2. unified national registers of mass media;
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5.2.3. license registers;
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5.2.4. a register of operators engaged in personal data processing;
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5.2.5. a register of civil radio electronic equipment and high frequency devices allowed for import into the territory of the Russian Federation;
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5.2.6. a register of experts and expert organizations accredited for content evaluation in order to ensure child information security.
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5.3. Managing
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5.3.1. acquisition of new radio channels and development of radio spectrum and satellite orbital positions for television and radio broadcasting;
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5.3.2. the Radio Frequency Service activities;
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5.3.3. telecommunication license auction bidding;
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5.3.4. evaluation process to determine the feasibility of using radio electronic equipment and to determine its electromagnetic compatibility with the existing and planned civil radio electronic equipment;
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5.3.5. seasonal planning for the usage of high frequency bands by broadcasting services, including international coordination of such planning with communications administrations or authorized broadcasters of foreign states;
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5.3.6. creation and keeping a register of federal state information systems;
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5.3.7. content evaluation in order to ensure child information security.
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5.3(1). Approving a regulation on the Federal Radio and Television Tender Commission.
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5.3(2). Creating the Federal Radio and Television Tender Commission, managing and maintaining its activity.
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5.4. Registering
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5.4.1. mass media;
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5.4.2. civil radio electronic equipment and high frequency devices;
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5.4.3. telecommunication networks belonging to a public communications network, subject to registration in accordance with the legislation of the Russian Federation.
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5.5. Issuing permits
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5.5.1. for distribution of foreign printed periodicals in the Russian Federation;
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5.5.2. for the use of franking machines;
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5.5.3. for construction, reconstruction, design and survey works, and elimination of land communication lines crossing the state border of the Russian Federation and in the border area;
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5.5.4. for marine radios used on marine vessels, inland waterway vessels, and mixed river-sea navigation vessels;
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5.5.5. for entry into the territory of the Russian Federation, under the conditions different from import, of civil radio electronic equipment and high frequency devices, including those that are built-in or included as a compound in other commodities; as well as for entry of civil radio electronic equipment and high frequency devices by individuals for personal use (if such permit is required by the legislation of the Russian Federation).
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5.6. Placing orders and concluding public contracts, as well as other civil contracts, for delivery of goods, execution of works, and providing services to meet the Service's needs; and for performing research and development works to meet other state requirements within the assigned sphere of activity, in the manner prescribed by the Russian law.
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5.7. Considering applications of communications service providers related to interconnection of telecommunication networks and interaction between communications service providers; making decisions on such pplications and issuing corresponding instructions in accordance with the federal law.
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5.8. Operating as the chief controller and recipient of the federal funds, designated for maintaining the Service and implementing its functions; exercising powers of a chief administrator and a revenue administrator of the federal funds, a chief administrator and a fund source administrator of the federal deficit, within the Service's scope of activity.
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5.9. In the manner and within limits prescribed by the federal law, and acts of the President of the Russian Federation and the Government of the Russian Federation, exercising powers of a proprietor in regards to the federal property, needed to ensure the performance of the functions of the federal authority, including property transferred to organizations affiliated to the Service (including entities of the Radio Frequency Service).
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5.10. Analyzing the economic efficiency of the federal state unitary enterprises and the federal government agencies, affiliated to the Service; approving indicators of their economic efficiency; as well as auditing financial and operational activities of such organizations, including proper and efficient use of assets portfolio.
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5.11. Receiving citizens and ensuring timely and full consideration of verbal and written applications, making decisions on such applications and responding to the applicants within the time limit set by the legislation of the Russian Federation.
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5.12. Providing protection of information classified as a state secret in the course of the Service's activities, as well as control over the activities of its regional offices and affiliated organizations in the corresponding field.
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5.13. Providing mobilization training of the Service, as well as controlling and coordinating the mobilization trainings of its regional offices and affiliated organizations.
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5.13(1). Arranging and conducting civil defense in the Service.
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5.14. Organizing training for employees of the central office of the Service and its regional offices, as well as their retraining, advanced training and practical training.
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5.15. In accordance with the established procedure, interacting with public authorities of foreign states and international organizations within the Service's scope of activity.
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5.16. In accordance with the legislation of the Russian Federation, compiling, storing, registering and using archive documents generated in the course of the Service's activities.
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5.17. Performing other functions within the assigned sphere of activity, if such functions are required by federal laws, regulatory acts of the President of the Russian Federation or the Government of the Russian Federation.
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6. The Federal Service for Supervision of Communications, Information Technology, and Mass Media has the following rights:
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6.1. In accordance with the established procedure, to request and to receive the information needed for decision making within the Service's competence.
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6.2. To conduct necessary investigations, testing, examinations, analysis and evaluations, as well as scientific research within the Service's competence.
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6.3. In accordance with the established procedure, to engage scientific and other organizations, as well as scientists and experts, in examining issues within the Service's competence.
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6.4. To explain issues within the Service's competence to state authorities, local government authorities, entities and individuals.
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6.5. As provided by the legislation of the Russian Federation and within the Service's scope of activity, to apply preventive and restraining measures aimed at preventing violations of mandatory requirements within such scope by entities and individuals, and/or eliminating the consequences of such violations.
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6.6. To set up advisory and expert bodies (councils, committees, groups and boards), including interdepartment bodies, within the Service's scope of activity.
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6.7. To control the activities of the regional offices of the Service, and its affiliated organizations.
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6.8. To approve the design of official staff Identification Cards.
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6.9. In the manner and according to the criteria prescribed by the Government of the Russian Federation, to involve an operator of the Unified Register (an organization registered under the law of the Russian Federation) in creation and keeping the Unified Register.
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7. The Federal Service for Supervision of Communications, Information Technology, and Mass Media shall not provide charged services within its scope of activity, except as otherwise permitted by federal laws, decrees of the President of the Russian Federation, and regulations of the Government of the Russian Federation.
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III. ADMINISTRATION
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8. The Federal Service for Supervision of Communications, Information Technology, and Mass Media is managed by the head appointed and dismissed by the the Government of the Russian Federation as advised by the Minister of Communications and Mass Media of the Russian Federation.
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The head of the Federal Service for Supervision of Communications, Information Technology, and Mass Media is personally responsible for the execution of the Service's powers.
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The head of the Service shall have deputies who are appointed and dismissed by the Minister of Communications and Mass Media of the Russian Federation as advised by the head of the Service.
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The number of deputy heads of the Service is established by the Government of the Russian Federation.
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9. The head of the Federal Service for Supervision of Communications, Information Technology, and Mass Media:
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9.1. distributes responsibilities among the deputy heads;
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9.2. submits to the Minister of Communications and Mass Media of the Russian Federation the following:
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9.2.1. draft Statute on the Service;
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9.2.2. proposals on the headcount ceiling and the payroll budget of the central office of the Service and its regional offices;
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9.2.3. proposals for the appointment and dismissal of the deputy heads of the Service;
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9.2.4. proposals for the appointment and dismissal of the heads of regional offices of the Service;
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9.2.5. draft annual program and forecast indicators of the Service activities, as well as the Service annual performance report;
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9.2.6. proposals on a federal budget project as regards funding of the Service, its regional offices and affiliated organizations;
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9.2.7. proposals for nominating employees of the central office of the Service, its regional offices and affiliated organizations, as well as other individuals operating in the Service's sphere of activity for honorary titles and national awards of the Russian Federation, the Russian President's Certificate of Merit, the Russian Government Certificate of Merit, commendation of the President of the Russian Federation, or commendation of the Government of the Russian Federation.
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9.3. appoints and dismisses employees of the central office of the Service, deputy heads of its regional offices, as well as heads of its affiliated organizations; concludes or terminates employment contracts with the heads of these organizations;
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9.4. in accordance with the Russian public service legislation, addresses the issues related to the federal public service in the Service and its regional offices;
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9.5. approves the structure and the staff list of the central office of the Service within the headcount ceiling and the payroll budget established by the Government of the Russian Federation; approves a cost estimate for maintaining such structure within the limits of the federal budget appropriations approved for the corresponding period of time;
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9.6. approves the headcount and the payroll fund of the Service's regional offices within the limits set by the Government of the Russian Federation; approves a cost estimate for maintaining such regional offices within the limits of the federal budget appropriations approved for the corresponding period of time;
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9.7. as prescribed by and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, and within head of the Service competence, issues non-regulatory acts on matters within the competence of the Service.
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10. Funding for the maintenance of the central office of the Federal Service for Supervision of Communications, Information Technology, and Mass Media and its regional offices is provided within the limits of the federal budget appropriations.
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11. The Federal Service for Supervision of Communications, Information Technology, and Mass Media is a legal entity; it has a seal with the state emblem of the Russian Federation and the Service’s name on it, as well as other approved standard seals, stamps and forms; it has separate accounts in local currency opened in the Russian Federal Treasury and its regional offices in accordance with the fiscal legislation of the Russian Federation, as well as accounts in banking institutions opened for transaction accounting purposes in accordance with the foreign exchange legislation of the Russian Federation.
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The Federal Service for Supervision of Communications, Information Technology, and Mass Media is entitled to have heraldic symbols: an emblem, a flag and a pennant, approved by the Ministry of Communications and Mass Media of the Russian Federation with the concurrence of the Heraldic Council of the Presidential Executive Office of the Russian Federation.
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12. The Federal Service for Supervision of Communications, Information Technology, and Mass Media is located in Moscow.
Appendix
to the Regulation of the Government
of the Russian Federation
No. 228 of March 16, 2009
THE LIST
OF FEDERAL STATE UNITARY ENTERPRISES,
AFFILIATED TO THE FEDERAL SERVICE FOR SUPERVISION
OF COMMUNICATIONS, INFORMATION TECHNOLOGY,
AND MASS MEDIA
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1. General Radio Frequency Center, Moscow.
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2. Radio Frequency Center of the Central Federal District, Moscow.
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3. Radio Frequency Center of the Volga Federal District, Nizhny Novgorod.
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4. Radio Frequency Center of the Siberian Federal District, Novosibirsk.
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5. Radio Frequency Center of the Southern Federal District, Rostov-on-Don.
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6. Radio Frequency Center of the Northwestern District, Saint Petersburg.
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7. Radio Frequency Center of the Ural Federal District, Yekaterinburg.
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8. Radio Frequency Center of the Far Eastern Federal District, Khabarovsk.
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9. Scientific Technical Center Informregistr, Moscow.
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