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Wired and wireless internet license. Telematics services and compulsory licensing

It is difficult to argue that the Internet has long become an integral part of our life. Since the time we met him, human capabilities have reached a new level. We can safely say that now everything in our life is closely connected with the Internet. Its role in modern society can hardly be overestimated. According to statistics, 35 - 40% of the world's population uses the World Wide Web. In short, the Internet is the greatest invention of mankind that could change our lives for the better. Until recently, we could only dream of being able to pay for utilities without leaving home, order food or purchases from a store with home delivery. Now each of us uses this handy tool.

Separately, I would like to note that thanks to the Internet, we have become able to quickly communicate with relatives and friends who live thousands of kilometers away from us.

Many people have used the Internet for their professional qualities. It became easier to find a job, advertise and develop your own business.

Until recently, the Internet as a business was not taken seriously. At the moment, with its help, you can earn real money, while investing minimal funds.

The time when the World Wide Web appeared is considered to be a turning point in the life of mankind. Life has become much easier, brighter and more interesting. Although, of course, virtual life cannot replace real life for us - that would be unnatural.

Our dependence on the Internet is getting more and more every day. But no one is going to give it up. It is very difficult to imagine your life without the World Wide Web in the modern world, and, most likely, it is already impossible.

Relevance of internet service providers

An Internet Service Provider is a company that provides Internet access services to everyone. The main task of the provider is to provide a high-quality Internet connection.

The relevance of such a business can be judged by the following data: over the past six months, the Internet access market has grown by 25%. The pace of urban development is striking in its scale. It follows from this that the providers are planning a lot of work to connect apartments, houses and other buildings to the Network.

At the moment, the market of Internet services as a business is of interest to many beginning entrepreneurs. It is the most dynamic in telecommunications. In monetary terms, it has doubled annually for several years. Traffic consumption is growing even faster. More and more new players appear on the market, and it gradually becomes widespread.

Everyone is interested in the sale of Internet traffic:

traditional telephone operators,
cellular operators,
cable TV operators,
foreign companies.

Demand is generated not only by large companies - small and medium-sized enterprises are increasingly joining this business. Market development is stimulated by the arrival of new, strong players who can offer a high level of service at low prices. The market is conquered by those companies that offer the most favorable unlimited tariffs.

: advantages and disadvantages, principles of bookkeeping.

We open a bank account: how, where, why and why. for entrepreneurs.

Goals and objectives of the business plan

An internet service provider's business plan is a rather complex document from both a technical and economic point of view. When compiling it, you need to carefully work out all the details to the smallest detail. Only then will the business be economically profitable and will pay off in the shortest possible time.

Main target Internet provider business plan: creation of a competitive provider company that will be able to offer quality services to the population at affordable prices. Another important goal that the company should strive for is gaining recognition and authority in the market and achieving a stable position. Do not forget about ensuring the return on investment.

Tasks:

achievement of the set goals in a timely manner,
attracting a large number of new customers,
striving to reduce the cost of services provided,
provide access to the Internet for everyone,
maintenance and active implementation of all progressive innovations in Internet technologies in your business.

Every business needs to know its target audience. Internet providers are no exception in this regard. The target audience - these are people who will be interested in what you can offer them. Thanks to these people, you will build and grow your business. Knowing this audience is the key to your company's success.

Internet service providers do not lack target audiences. As noted above, the Internet is in great demand among the population. The World Wide Web has become an integral part of our life. Interest in the Internet will only gain momentum in the near future.

How to become a provider: registration and obtaining licenses

Before starting your labor activity in this market, you need to register as a legal entity. The best option is -. In this case, the organization can work on. To open a company, you need to make a seal and register with the tax office.

The next step is to obtain a license from an Internet provider. There are two of them for communication:

license for the provision of telematic services,
data transmission license.

There are exceptions when you need to obtain additional licenses. This must be done if you are going to provide access to cable TV or IP-telephony services.

In order to obtain all the necessary licenses, all collected documents must be submitted to the Russian Oversight Committee. Note that it is not so easy to obtain a license for this type of business - the process can take several months.

Organizational aspects

What Internet providers are there?

Internet providers come at the federal and local levels. There may be several dozen providers in a regional settlement.

In accordance with what services the provider provides, they are divided into the following types:

hosting providers - these firms provide space on their technical resources for a fee. Hosting providers have at their disposal equipment capable of providing round-the-clock high-speed traffic;
access providers are companies that provide access to the Internet. They have primary (which own communication channels) and secondary (lease communication channels from primary providers);
backbone Internet providers. They build their work on their own lines or leased fiber-optic lines. In this case, high-speed channel communication equipment is used;
channel providers;
last mile providers. The last mile is a communication channel that connects the network node of the provider and the end equipment of the consumer;
mobile commerce providers are firms that can provide their customers with software to install on mobile devices. In addition, these companies are engaged in the production and sale of mobile content, provide various consulting services. Simply put, thanks to the provider, you can make cashless payments using mobile devices. The specialists of these companies are constantly working to improve the telephone payment system.

Room selection

Equipment needed to provide customers with high-quality Internet access can be located in attics or basements of residential buildings. Customers of Internet access services have the right to provide appropriate areas in common areas so that the provider can place communication facilities there.

If the premises are owned by the provider, he must have a permit from the fire service and SES. The room must be guarded around the clock.

If the premises are rented, the operator must have permission from the lessor to place a communication center in it. Particular attention should be paid to the issue of grounding.

Internet provider equipment

the possibility of increasing productivity;
expansion of functionality;
availability of service support;
how fast the developer's representative will be able to respond to operators' requests.

Equipment required for the technical equipment of the Internet provider:

cabinets and racks for service equipment;
cables and tools;
web servers, mail servers, identification and terminal server;
development, control and news server;
settlement and registration server;
network switches;
printer;
administrative panel;
several units capable of providing uninterrupted power supply.

The main costs will be associated with the purchase of equipment. Therefore, in order to avoid unnecessary expenses, you need to seek qualified help from consultants. They will be able to suggest which equipment is right for your company.

Staff recruitment

The Internet provider company in its staffing table must have the following employees:

Financial plan

In order to open a company providing Internet access services, you will need about 120 thousand dollars. What are these costs?

A consulting firm that will assist in registration and obtaining a license - 6-7,000 dollars.
Purchase of equipment - $ 85–90,000.
Furniture and office equipment - $ 4-7,000.
Renovation of the premises - $ 1–2,000.
Internet provider advertising - $ 10-12,000.
Other expenses - $ 2,000.

Monthly it will be necessary to spend on salaries of employees - 15-18 000 dollars, rent of premises - 3-4 000 dollars, other expenses - 0.5 thousand dollars. Total: 22.5 thousand dollars.

To calculate the approximate profit, let's take an organization with a registered capital of $ 192,000. The main financial indicators will look like this:

number of clients - 5,000 users,
revenue - $ 105,000,
profit (excluding tax) - $ 24,500,
investment - $ 75,000.

The prospects for the development of this type of business are very great. Today this market segment in our country is far from being 100% filled. In big cities, there is very tough competition between providers, in small regional centers there is an acute shortage of such companies. Providers are trying to open their business not far from apartment buildings - this is where the solvent population lives.

How to become an Internet service provider and not "burn out"?

The provider business is a rather specific type of business. He requires a professional approach. The provider must constantly work on expanding his business: increasing the number of lines, increasing the performance of an external channel, constantly updating equipment, developing new services. Only in this case will the profitability be at a high level and will be able to please you with good indicators. The demand for the services provided by the provider is constantly growing, this type of business is not subject to seasonality.

The profitability of an enterprise that provides Internet access services is 60% or more. The provision of additional services will increase the payback of the project several times.

An important point in the organization of the provider's work is the following: special attention should be paid to the quality of customer service. If the Internet "hangs", or it has insufficient speed, you will lose customers, and as a result, your company may go bankrupt. When drawing up a business plan, consider all the little things and nuances related to this type of business. Then the result of painstaking work will not be long in coming.

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Now it is even difficult to imagine life without home Internet, access to the global network in the workplace, Internet cafes. Internet access services are becoming more and more popular. Accordingly, more and more providers appear, ready to connect users to the Internet. One of the types of services that were discussed is access to the Internet via dial-up and leased lines, provision of space for downloading files and ensuring the operation of sites (hosting), ensuring the work of the client's e-mail, placing equipment owned by the client with the provider (colocation) and much more.

To provide Internet access services, that is, to be an Internet provider, you need a license to provide Internet services. This license is also called telematics. This provision is contained in the legislation of the Russian Federation, dedicated to the lensing of certain types of activities and communications.

The Law "On Communications" contains the basic concepts used in the legislation in the field of communications. Communication service refers to the activity of receiving, processing, storing, transmitting, delivering telecommunication messages or postal items. In order to provide the population with paid communication services, a license for the provision of Internet services is required. Activity in the absence of an appropriate license is a criminal offense and is provided for in article 171 of the Criminal Code.

The application shall be accompanied by copies of the constituent documents contained in the registration file of a legal entity, certified by state bodies maintaining the unified state register of legal entities, a document confirming the fact of making an entry about a legal entity in the unified state register of legal entities, or a notarized copy thereof, a certificate of state registration as an individual entrepreneur or its notarized copy (for individual entrepreneurs); a notarized copy of the certificate of registration of a legal entity or individual entrepreneur with a tax authority; a diagram of the construction of a communication network and a description of the communication service, a document confirming the payment of the state fee for issuing a license.

Our company has specialized in legal support of licensing procedures for communication services for many years. During this time, we have helped to start the activities of more than one company providing communication services.

Cost of obtaining a license: 8000 rubles. When using radio frequencies, plus 3000 rubles. The duty is paid separately.

The term for consideration of an application for a license is 30 days.

The development of new technologies contributes to the emergence of new types of services on the business market. Some of them the state tries to control for the quality and compliance with the established requirements of the persons providing them, especially if the end consumer is individuals.

From January 1, 2008, new Rules for the provision of telematic communication services, directly related to the Internet, were introduced. However, not all related services are classified as telematic and require a license.

State control is expressed in the introduction of special procedures, the passage of which is confirmed by appropriate licenses. Internet access services for subscribers and services directly related to it are not new, but until recently were the least regulated in terms of the regulatory framework.

Services provided by Internet providers, content providers and other operators, including services for accessing the Internet, hosting services, services for creating and providing e-mail for use, are not named in Federal Law No. 128-FZ of 08.08.2001 "On licensing certain types of activities" (hereinafter - the Law on Licensing), which is considered the main one in the field of licensing. However, the absence of the listed services does not mean that a license is not required.

The fact is that the said Law, in accordance with paragraph 1 of Art. 1 regulates relations arising only for those activities that are listed in paragraph 1 of Art. 17. At the same time, its effect does not apply to those types of activities that are listed in clause 2 of this article, including activities in the field of communications.

The main regulatory document governing relations in the communication services market is Federal Law No. 126-FZ dated 07.07.2003 "On Communication" (hereinafter - the Law "On Communication"), Article 29 of which provides for licensing of activities for the provision of paid communication services and confirmation of compliance means of communication. Internet access services are considered communication services.

Communication means and lines

Internet access services are provided through a communication network defined in the Law "On Communications" as a technological system intended for both telecommunications and postal services.

The communication network includes means and communication lines. The Law "On Communications" refers to the means of communication the hardware and software used for the formation, reception, processing, storage, transmission, delivery of telecommunication messages or postal items, and other technical and software tools used in the provision of communication services or ensuring the operation of communication networks ...

And communication lines according to the Law are transmission lines, physical circuits and line-cable communication structures.

Line-cable communication facilities are understood as part of a more general concept - communication facilities, which include engineering infrastructure facilities, including buildings, structures created or adapted to accommodate communication facilities and telecommunication cables. The main characteristic feature of these structures, which distinguishes them from other communication facilities, is that line-cable communication facilities and other engineering infrastructure facilities are created or adapted to accommodate communication cables.

Licensed activities

To obtain a license, you should contact the licensing authority, that is, Rossvyazokhrankultura. This department is entrusted with the authority for licensing in the field of telecommunications in accordance with the Decree of the Government of the Russian Federation of 06.06.2007 No. 354.

The list of the names of communication services included in the licenses and the corresponding lists of license conditions is established by the Decree of the Government of the Russian Federation of 18.02.2005 No. 87 “On approval of the List of names of communication services included in the license and the lists of license conditions” (hereinafter - the List). Prior to January 1, 2008, licensing was required for services "access to information from world and regional information and telecommunication networks, including the Internet."

This List was recently updated by the Decree of the Government of the Russian Federation of 10.09.2007 No. 575 "On approval of the Rules for the provision of telematic communication services" (hereinafter referred to as the Rules).

According to this Resolution, from January 1, 2008, a license for telematic communication services is issued for the following activities:

· Access to the licensee's communication network;

· Access to information systems of information and telecommunication networks, including the Internet;

· Reception and transmission of telematic electronic messages.

Network access, receiving and sending messages

The concept of access to the licensee's communication network is not disclosed in the Rules. However, this document contains the concept of "providing access to a data transmission network", which is understood as a set of actions of a telecom operator to form a subscriber line, connect user equipment with it to a communication node of a data transmission network, or to provide a connection to a data transmission network of user equipment using a telephone connection or a connection through another data transmission network in order to provide the subscriber and (or) the user with telematic communication services.

Access to information systems of information and telecommunication networks, including the Internet, the Rules define as ensuring the possibility of receiving and transmitting telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and the information system of the information and telecommunication network.

The activity of receiving and transmitting telematic electronic messages includes receiving and transmitting one or more telecommunication messages containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal.

Thus, the main type of service that is now covered by the license for telematic services is Internet access.

The provision of the services provided for by the List may be accompanied by the provision of other services that are technologically inextricably linked with these services and aimed at increasing their consumer value, if this does not require a separate license.

Hosting and maintenance

Regarding hosting and e-mail services, with the adoption of the new Rules, the answer is not unambiguous. The definition of hosting itself is not contained in the legislation. It is customary to understand it as a service for hosting someone else's website on your own web server or someone else's web server on your “site”. At the same time, this concept often includes the simultaneous provision of services for connecting to the Internet. Depending on what services are actually provided by the hoster, the licensing issue is resolved.

In addition, both hosting and email are concerned with storing and processing information, rather than receiving and transmitting electronic messages, as required by the license terms.

Therefore, we believe that it is necessary to obtain a license for telematic services if the hosting service is associated with the provision of access to the licensee's communication network and / or access to information systems of information and telecommunication networks and / or with the reception and transmission of electronic messages.

Activities related to maintenance of servers and computers of subscribers connected to the Internet, setting up software on computers, monitoring servers, preventive maintenance, maintenance of peripheral devices, as well as the creation of websites with their subsequent implementation are not communication services. Article 17 of the Law on Communications on licensing does not contain these services. At the same time, if an organization, in addition to the services provided, provides a service for accessing the Internet, for example, servicing computers connected by the same operator to the Internet, then a license for telematic services needs to be obtained only because the services provided include a licensed type of activity.

Under the new Rules

Licensing of activities in the field of communication services has been carried out since 2005, when the List of communication services was approved by the Government. In connection with the introduction from January 1, 2008 of the changes concerning the List, the question arises about the fate of those licenses that were issued to organizations under the old rules.

The Law "On Communications" does not provide for an automatic change in the conditions of already issued licenses, even on the basis of the RF Government Decree. To amend the license at the initiative of the licensing authority in accordance with paragraph 3 of Art. 36 of the Law "On Communications" requires notification of the licensee. Until this is done, the license terms will remain in the form in which they are recorded in the issued license.

The license is guaranteed subject to the conditions established in it, and the licensing authority and the Government of the Russian Federation are not entitled to change these conditions in an arbitrary manner. Therefore, organizations that received licenses before the changes were made can continue their activities in accordance with the specified license conditions. New licenses under the new Rules are issued to applicants who applied after the amendments entered into force, that is, after January 1, 2008.

EXAMPLE 1

If a service appears in the list of services for providing access to the licensee's communication network or access to information systems of information and telecommunication networks, a license is required.

EXAMPLE 2

The provision of hosting services, which includes the provision of access to the networks of the licensee and / or the Internet, without a license constitutes a criminal offense under Art. 171 of the Criminal Code of the Russian Federation (illegal business).

Many types of activities are legally required to obtain permits and licenses. Otherwise, the company may face serious problems.

Recently, one of the most common types is a telematics license, which is associated with the field of communication and data processing services.

What are the areas covered by this permit

Unfortunately, the law does not provide a clear interpretation of the definition of telematic communication services. The only legal requirement is telematic e-mail. It refers to one or more telecommunication messages that contain protocol-structured information.

Due to the fact that there is no clear definition, the following companies fall under the need to obtain this license:

Internet service providers;
Internet cafe;
Hosting companies;
Instant messaging (sms) services business;
Transport monitoring firms.

What legal norms regulate this area

Telematics services are regulated by various federal laws. Since their definition has not yet been formed, there is a fairly large number of norms that must be relied upon when organizing such activities.

So, among them we can distinguish law "On information, informatization and information protection"which was adopted in 1995. In addition, this is the 1991 media law. The Federal Telecommunications Act also regulates telematics.

Additional acts related to the area under consideration are the 1996 Law “On Participation in International Information Exchange”, the Law “On Advertising” adopted in 1995, as well as laws on copyright and protection of computer programs and databases. It is important to understand that all these laws are adjusted from time to time.

Who Needs a Telematics License

In general, the decision on the need for permission rests with the company providing such services. To obtain you will need to fill out a large number of documents In the absence of a license, the owner will be held liable in the form of a large fine.

In some cases, a person may face criminal liability for such violations.

However, there is one way around this requirement. This is possible if the company provides services under an agency agreement. But in this case, the created organization is only an intermediary who will receive a very low percentage of profits.

That is why obtaining permission is necessary for any company providing hosting, GPS monitoring, selling content of various nature using instant messaging services, providing Internet access, etc.

The process of obtaining permission through a special company is presented in the video:

What is required to obtain a permit

First of all, it is necessary submit an application to Roskomnadzor... In addition, the owner of the company must prepare a certificate that will confirm the registration of the company. The company must be a legal entity, and a copy of the registration certificate must be certified by a notary.

The owner will have to provide a copy of the charter, which must also be certified. To obtain a license, you must pay a fee to the state. Accordingly, it will be necessary to bring the original of the payment order. Finally, it is necessary to provide a certificate of registration with the tax authority.

Step by step order of registration

In order to obtain a permit for telematic services, it will be necessary to complete a number of stages. To increase the likelihood of obtaining a license, it is best to contact a specialized company. So, you need to do the following:

Prepare constituent documents for setting up a company.
Register a legal entity.
Prepare a complete set of documents for submission to Roskomnadzor.
Pay the state fee.
Submit documents to Roskomnadzor.
Control the documentation processing process.
Get a license.

It is important to understand that in addition to providing a new license, it can be reissued or renewed. The latter can be carried out at least 6 months and no more than 30 days before the expiration of the old permit. Re-registration can be carried out in cases where the company changes the details, the list of those services that it provides, as well as the territory where the services are provided.

Cost and terms

Depending on whether the company prepares documents on its own or with an appeal to a specialized company, the terms and price of obtaining a permit will change. So, the size of the state fee is 7,500 rubles... At the same time, the preparation time for all the necessary documentation will be about 1-2 months.

In case of applying to professional services, the period for consideration of the application in Roskomnadzor is reduced. In this case, it will be about 45 days... In the case of self-filing of an application, the likelihood of obtaining a license decreases, and the processing time increases by 1.5-2 times. At the same time, the term for reissuing and renewing the license is somewhat lower.

The cost of services of companies helping to obtain a license varies from 6,500 to 15,000 rubles, depending on the location and the level of involvement in the permit obtaining process.

Thus, the process of obtaining a license, the need for which is enshrined in the laws of the Russian Federation, is rather complicated and time consuming. However, this is an important step to ensure that unexpected checks are not problematic.

What are telematic services, TM-communication, etc., even IT specialists cannot say for sure, what can we say about lawyers. But we nevertheless decided to strike at difficult terms and consider them from the point of view of legislation. A kind of mix of jurisprudence and computer science. We will not touch upon what is in Wikipedia, we will try to consider only what is not there.

The legislation of our Fatherland does not give us an idea of \u200b\u200bwhat is meant by telematic communication services. But the concept of a TM message has been defined: this is a telecommunication message containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal - this includes almost everything except the telephone and telegraph. A logical question arises: who needs a license to provide telematic communication services? I'll explain everything now!

Let's turn to the law "On communication". In it, we see that "the activity of legal entities and individual entrepreneurs in the provision of paid communication services is carried out only on the basis of a license to carry out activities in the provision of communication services."

This law refers us to the decree of the government of the Russian Federation, which stipulates the following: "the provision of communication services for sending telematic messages is included in the list of services subject to licensing."

That is, it is necessary to obtain a license for those who provide:

access to the communication network;
access to the Internet;
services for receiving and transmitting messages.

Consequently, such a license is necessary for the transmission of SMS, e-mail messages and even just for Internet access (to a provider or for an Internet cafe, as confirmed by numerous court decisions), as well as for hosting. No specific list is given, so the list can be continued.

EXAMPLE
In the Kurgan region, an individual entrepreneur was prosecuted, as indicated by the court, for the provision of information services, namely for sending an astrological horoscope for the next calendar month, as well as a weather forecast.

OUTPUT
Both online stores and information services need a license, because both of these types of online businesses regularly send messages to their customers or customers.
Roskomnadzor, using such a broad formulation of telematic messages and the absence of a clearly prescribed list of telematic communication services, has the opportunity to be very creative in choosing the basis for punishing Internet entrepreneurs.

Those who are engaged in the Internet business should not neglect obtaining a telematics license, moreover, given its relatively low cost. As you know, ignorance of the law does not exempt from liability, and Internet business, like business in general, is obliged to anticipate risks and take measures to prevent violations of the law in order to avoid future problems.

PROBLEMS
Article 14.1 of the Code of Administrative Offenses of the Russian Federation provides that carrying out entrepreneurial activities without a license, if it is required, entails:
Imposition of an administrative fine on legal entities - from 40,000 to 50,000 rubles.

Confiscation of manufactured products, tools of production and raw materials is possible.

In the worst-case scenario, the activity may be recognized as illegal and the court may be prohibited from engaging in such activity until the telematics license is obtained, which could ruin the business.

For online stores and various information services, a license can be avoided if you conclude an agency agreement with a company or service included in the Roskomnadzor Register on the basis of an existing telematic license, which will be engaged in sending messages to customers and buyers.

It must be said that such a license must be issued in tandem with a license for communication services for data transmission, with the exception of communication services for data transmission for the purpose of transmitting voice information.

Hope this information was helpful to you.

Ilya Lvov, a leading lawyer at Zartsyn & Partners and a modest author of this opus.