Annex to the Decision of the RCC Board N 37/8

Approved

by the Board of the RCC CAs Heads

Decision N 37/ 8   of  28.05.2007

Provisions on the Commission for Coordination of Communication Regulatory Bodies Activities in RCC

1.1.                These Provisions shall regulate functioning of the Commission for Coordination of Communication Regulatory Bodies Activities (hereinafter referred to as Commission) established in the Regional Commonwealth in the field of Communications by the Decision of the RCC Board N 36/6 of 12.12.2006 from among representatives of the Communications Administrations and independent regulatory bodies of the RCC participants (hereinafter referred to as communication regulatory bodies) on a voluntary basis.

1.2.                Commission shall carry out its activities pursuant to the generally accepted principles and norms of international law, interstate and intergovernmental agreements concluded within CIS, current legislation of the RCC participants’ states, RCC Charter, Decisions of the RCC Board and the present Provisions.

1.3.                Commission shall consider questions according to its tasks and functions, shall make decisions and, when necessary, shall submit the materials to the Board of the RCC CAs Heads for consideration. Commission shall work in close cooperation with other RCC working bodies and the RCC Executive Committee. When necessary joint meetings with RCC working bodies can be carried out.

1.4.                The adopted decisions should not contradict the legislation of states in which state communication regulatory bodies function and they should take into consideration international organizations legal acts on communication matters.

1.5.  The following representatives may be members of the Commission:

• of the Communications Administrations - RCC full members with the status of the Commission member with the right to vote, at the absence of the independent communication regulatory bodies in a state;
• of the independent regulatory bodies of the RCC participants with the status of the Commission member with the right to vote;
• of the Communications Administrations - RCC full members having independent communication regulatory bodies in the state as well as the RCC Executive Committee with the status of a Commission member with a deliberative vote;

1.6.                Heads of the Commission (Chairman and two Vice-Chairmen) shall be approved by the RCC Board upon the proposal of the Commission from among its members with the right to vote for the term of three years within which any of them can be replaced, if necessary, by its Communications Administration/independent regulatory body without approval by the RCC Board. Candidates for the post of the Commission Heads shall be RCC CAs top executives of Communications Administrations/independent regulatory body (at the level of a Deputy Minister, deputy of the independent body Head, Head of the administration/department).

1.7.                Nomination and recall of the Commission members shall be done by the RCC Communications Administrations and independent regulatory bodies in a written form addressed to the Chairman of the RCC Board.

1.8.                The executive secretary recommended by the RCC Executive Committee Director General from among its officers shall help the heads of the Commission in organization of its work.

1.9.                 Meetings of the Commission shall be held not less than once a year upon agreement in one of the states of the RCC participants. Decision on the venue and date of a meeting shall be adopted as a rule at the previous meetings.

1.10.            Meeting of the Commission shall be competent if not less than half of its members are present at the meeting.

1.11.            Draft agenda of the Commission meeting shall be formed by the RCC Executive Committee on the basis of the RCC Board decisions, proposals of the Commission members, RCC other working bodies and the RCC Executive Committee.

1.12.            Notification about a convocation and exact date of the meeting, draft agenda supplemented with necessary documents shall be sent out by the RCC Executive Committee not later then 20 days prior to the beginning of a meeting.

1.13.            Organizational work and expenses related to the conduct of the Commission meetings shall be met by the Communications Administration/ communication independent regulatory body of the state on the territory of which the event takes place.

1.14.            The RCC CAs and communication independent regulatory bodies shall finance their representatives’ participation in the activities of the Commission themselves.

1.15.            To study individual questions the Commission may involve necessary specialists as experts and consultants.

1.16.            The working language of the Commission shall be Russian language.

1.17.            Liquidation of the Commission shall be executed by the decision of the RCC Board.

                     2. The order of work

2.1.                Commission shall work in accordance with its tasks and functions, being guided by the decisions and recommendations of the RCC Board.

2.2.                Items supported by two members, as a minimum, shall be included in the agenda of the Commission meeting.

2.3.  Commission shall adopt the following documents on the questions under consideration:

• decisions of a recommendatory nature, minutes entries and reports;
• draft documents (programmes, agreements, declarations etc.) supplemented with information on the results of a question study.

2.4.                Decisions of the Commission shall be taken on the basis of a consensus. Any member of the Commission with the right to vote may declare itself uninterested in solving a particular question, which shall not be an obstacle to taking a decision. In individual cases a moot point may be put for a final decision to a session of the RCC Board.

Decisions of the Commission directly infringing interests of any Commission member can not be adopted in its absence.

Decisions on procedural questions shall be adopted by simple majority vote of the participating in the meeting Commission members.

2.5 Results of a Commission meeting shall be executed as the minutes drawn up and sent out by the RCC Executive Committee to the members and observers of the Commission within the 20-day period after the conclusion of a meeting.

2.6.                 The routine work of the Commission shall be carried out as a rule by correspondence. The final decision shall be adopted at the Commission meetings.

2.7.                The RCC participants or independent regulatory bodies may send to the Commission meeting another plenipotentiary representative instead of a full member or an observer of the Commission who due to some reasons cannot participate in the meeting.

2.8.                In case when the Chairman is released from his post or is not able to be present at the meeting his functions shall be performed by one of his deputies from the Communications

Administration/independent regulatory body which is the first in the list in a Russian alphabetical order. In other cases members of the Commission shall elect the Chairman from among the present

members of the Commission with the right to vote giving preference to a representative of the Communications Administration/independent regulatory body of the state on the territory of which the meeting is taking place.

2.9. Members of the Commission shall have the right to request and to receive necessary materials on all the aspects of the Commission proceedings with the exclusion of cases envisaged by the CIS regulatory documents.

2.10. Participants of the Commission meeting shall ensure confidentiality of the received information if it is necessary.

                  3. Tasks and functions

3.1. Development of cooperation between communication regulatory bodies and ensuring mutually beneficial information exchange between them.

3.2. Ensuring interaction of the RCC participants in solving common problems facing communication regulatory bodies.

3.3. Promoting development of transparent and steady regulation of the industry in the Commission participants’ states through optimization of the state communication regulatory bodies’ activities.

3.4. Development of recommendations for improving communication services regulation in the Commission participants’ states including methods and ways of regulation.

3.5. Organization of information support (collecting and sending out information) on the questions of industry regulation.

3.6. Assistance to joint use of information and experience of communication regulatory bodies including through educational programmes. Interaction in personnel training, retraining and qualifications upgrading.

3.7. Exchange of experience between communication regulatory bodies in network interconnection, frequency spectrum use, licensing, universal access, tariff policy problems, numbering resource and supervision in the sphere of activities.

3.8. Study and development of proposals for use of international experience in establishment of communication regulatory institutions taking into account regional feature of national economics of the states which communications administrations are the RCC participants.

3.9. Preparation of proposals for the priority of carrying out by the RCC participants’ states joint works in the communication sphere regulation, for consolidation of efforts in solving organizational, scientific and technical, financial and other problems connected with fulfilment of such works.

3.10. Carrying out coordinated policy of regulation in the communication field.

3.11. Participation in preparing and discussing questions at the RCC Board sessions on its instructions.

3.12. Participation of communication regulatory bodies of the RCC participants’ states in coordination of positions on regulatory problems considered by international organizations.

3.13. Periodical informing RCC Board of Communications Administrations Heads on the Commission proceedings.

3.14. To fulfil its tasks and functions the Commission shall have the right to request information necessary for implementation of the entrusted tasks.

                 4. Rights and Obligations of the Commission Chairman

4.1. Chairman of the Commission:

4.1.1. Shall sign decisions and minutes of the Commission meetings and shall enjoy rights determined by the Commission decisions.

4.2. The Chairman of the Commission during the period between the meetings:

4.2.1. Shall ensure settlement of the problems related to the Commission and RCC Board activities (within the Commission competence) within the framework of the Provisions on the Commission and RCC regulatory documents, shall promote implementation of the Commission and RCC Board decisions.

4.2.2. Shall carry out contacts on the questions of the Commission activities and shall correspond on behalf of the Commission and on its instructions on a blank of the set form.

4.2.3. Within the framework of powers granted by the Commission and RCC Board shall interact with the CIS bodies, international organizations and companies on the regulation issues.

4.2.4. Shall put forward the Commission’s proposals on regulatory issues in the communication and informatization field needing coordinated policy.

4.2.5. Shall carry out other actions related to ensuring Commission activities.

               5. Closing provisions

5.1. The present provisions shall entry into force from the day of its approval by the RCC Board.

5.2. Amendments and additions to the present Provisions adopted by the Commission for Coordination of Communication Regulatory Bodies activities and approved by the RCC Board can be made.

5.3. Organizational and technical support of the Commission for Coordination of Communication Regulatory Bodies Activities in RCC shall be entrusted with the RCC Executive Committee acting in accordance with the Provisions on the RCC Executive Committee.