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Cancellation of obligatory examination of project documentation of communication networks. executive documentation

In mid-February, the president signed into law a bill that would deregister communications networks. By doing this, he not only made life easier for telecom operators, but confused them.

09 September 2002 Order of the Ministry of Communications of the Russian Federation of 09.09.2002 N 113 "On Approval of the Rules for the Commissioning of Communication Facilities" was adopted in order to:

  • organizational and technical support for stable and safe functioning of communication networks;
  • compliance technical operation means of communication to the established rules, norms and requirements;
  • determining the procedure for obtaining a special permit for the operation of communication facilities.

The above order established the rules for the commissioning of new communication facilities, as well as communication facilities, on which, as a result of reconstruction (expansion, technical re-equipment), the registered indicators have changed. At the same time, as established by clause 3.5 of this order, the commissioning of a communication facility includes:

  1. acceptance of the structure by acceptance commissions, execution of an acceptance certificate;
  2. issuance by the Roskomnadzor body of a permit for the operation of a communication facility.

After completion of the above procedures, the Telecom Operator receives a permission to operate and from that moment on, the “surrendered” communication objects are considered to be in compliance with all established state standards. This legal act (Order No. 113) is valid to this day, however, as will be indicated below with some clarifications.

February 09, 2007 Federal Law No. 14-FZ "On Amendments to the Federal Law "On Communications" was adopted, in accordance with which the Federal Law "On Communications" was supplemented two articles, namely:

Article 43.1. Examination of a system project of a communication network

"one. To ensure the integrity, stability of operation and security of the communication network common use it is mandatory to assess the compliance of a system project of a communication network with the requirements in the field of communication established by this Federal Law and (or) in accordance with it. Such an assessment is carried out in the form of an examination ... "

Article 43.2. Registration of a telecommunication network

"one. The telecommunication network included in the public communication network is subject to registration in the event that the calculated values ​​​​of the installed capacity of such an telecommunication network or their changes exceed those established by the federal body executive power in the field of communication, the corresponding values ​​... "

The above norms were adopted for building in our state new system commissioning of communication facilities - " Registration of a telecommunication network”, in order to facilitate for telecom operators the previously existing procedure. In connection with these changes, it was supposed to develop separate by-laws in pursuance of the above norms. Including the rules for conducting an examination of a system project, the rules for accrediting expert organizations for their examination of a system project, and others.

July 1, 2009 a decision was made to complete the issuance of operating permits (as previously provided for by Order No. 113) drawn up in a letter from the Ministry of Communications of the Russian Federation in order to switch to the new system "Registration of the telecommunication network".

"one. The procedure for commissioning communication facilities is carried out in accordance with the Rules for the Commissioning of Communication Facilities, approved by order of the Ministry of Communications of the Russian Federation dated 09.09.2002 No. 113.

2. Acceptance into operation of telecommunication networks is issued:

2.1. In case of participation in the acceptance committee of a representative of the Territorial Directorate of Roskomnadzor, approved by the head of the Territorial Directorate of Roskomnadzor, the Conclusion based on the results of work in the acceptance committee and signed by the representative of Roskomnadzor and the approved head of the telecom operator, the Acceptance Certificate of the completed construction of the communication facility by the acceptance committee, F. No. 14KS;

2.2. In case of non-participation in the acceptance committee of the representative of the Territorial Directorate of Roskomnadzor, approved by the head of the telecom operator by the Acceptance Certificate of the completed construction of the communication facility by the acceptance committee, F. No. 14KS.

3. Permission to operate a communication facility is not issued

Thus, during the transition period, it is planned not to issue permits for the operation of communication facilities, but to sign the acceptance certificates for the completed construction of the communication facility by the acceptance committee (a representative of Roskomnadzor) for telecom operators.

In addition, N 14-FZ "On Amendments to the Federal Law "On Communications" in accordance with which the Federal Law "On Communications" was supplemented two articles, it was provided that telecommunication networks, the construction of which was carried out before the date of entry into force of this federal law, must be registered in accordance with the requirements of Article 43.2 of the Federal Law no later than January 1, 2010.

As expected before January 1, 2010 our state has not adopted the necessary by-laws in order to implement the legal norms of the new system "Registration of the telecommunication network". Therefore, it was clear to public authorities and telecom operators that it was necessary to abandon the planned plans before or after January 1, 2010.

January 2010 Law "On Amendments to Certain legislative acts of the Russian Federation on Communications (in terms of eliminating gaps and conflicts in the legislation in the field of communications)”, which excluded subparagraph 26 of Article 2 of the Law “On Communications”, which reveals the concept of “systemic project of a communication network”, and also recognized Articles 43.1 and 43.2 as invalid concerning the examination of the system design of the communication network and the registration of the telecommunication network. At the same time, the obligation of a telecom operator to use telecommunication networks subject to registration in accordance with the requirements of Article 43.2 of the Law "On Communications" is canceled to provide communication services only after registration of these telecommunication networks.

Summing up all the above, it is necessary to draw the following conclusions:

The new system “Registration of a telecommunication network”, which involves a system project, its examination in accredited organizations, registration of a network in a special manner, has not been implemented in the Russian Federation, the rules of law adopted for its implementation have become invalid.

Order of the Ministry of Communications of the Russian Federation of 09.09.2002 N 113 "On Approval of the Rules for the Commissioning of Communication Facilities" continues to be valid, however, with an adjustment for the fact that an operating permit is not issued - instead, a document called "Acceptance Certificate for the completed construction of a communications facility (form KS No. 14)".

This article was written in order to clarify the issues that arose in connection with the abolition of the system "Registration of the telecommunication network", which was never implemented in practice. The incorrect interpretation of the current situation in the media and in the professional communities of telecom operators creates the impression for some people that it is possible not to “hand over” communication facilities, to do without projects, examinations and other requirements, but this is not so - no one canceled ORDER No. 113!

) was finally approved by the Ministry of Justice of the Russian Federation on October 30, 2014. The new order greatly simplifies the commissioning of telecommunication networks. The project that has passed the examination is no longer mandatory (According to the old order of the Ministry of Communications No. 113, the need for a project that has passed the examination was indicated in clause 5.4) ...

“How long do you need to keep executive documentation?” "Legal Literacy".

… II. Procedure for commissioning telecommunication networks

4. If a telecommunication network (a fragment of a telecommunication network) is created on the territory of several constituent entities of the Russian Federation, the telecom operator notifies Roskomnadzor in writing of the commencement of work.

The appointment of the territorial body of Roskomnadzor as the lead one for putting the telecommunication network (fragment of the telecommunication network) into operation is carried out by the Head of Roskomnadzor or a person acting in his capacity.

5. The notice of commencement of work shall indicate:

a) information about the telecom operator:

b) a list of names of communication services, the provision of which will be carried out using the telecommunication network being put into operation (fragment of the telecommunication network) 1 ;

c) details (date of issue and number) of the license (licenses) for the relevant type of activity in the provision of communication services;

d) a diagram of the construction of the telecommunication network being put into operation (fragment of the telecommunication network), indicating on it the location of the communication facilities and communication lines, which is attached to the notification;

e) the presence or absence of radio-electronic means as part of the telecommunication network (fragment of the telecommunication network);

e) Estimated completion date.

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6. The commissioning of the telecommunication network (fragment of the telecommunication network) is carried out by the commission for the commissioning of the telecommunication network (fragment of the telecommunication network) (hereinafter referred to as the Commission) and is drawn up by an act on the commissioning of the telecommunication network (fragment of the telecommunication network) into operation (hereinafter referred to as the Act). The recommended sample of the Act is given in Appendix 2 to the Requirements.

7. The composition of the Commission and the procedure for its work are determined by the telecom operator.

8. Participation of representatives of Roskomnadzor in the Commission is required for the following telecommunication networks (fragments of telecommunication networks):

a) networks (network fragments) of long-distance and international telephone communications;

b) networks (network fragments) of fixed zone telephone communication;

c) networks (network fragments) of local telephone communication with a design capacity of 3000 numbers and more;

d) networks (network fragments) of mobile radio communications, with the exception of base stations, repeaters and controllers of base stations of mobile radio networks;

e) networks (fragments of the network) of mobile radiotelephone communications, with the exception of base stations, repeaters, controllers of base stations of mobile radiotelephone networks and the links of these elements to the transport network of mobile radiotelephone communications;

e) networks (network fragments) of mobile satellite radio communications;

g) networks (fragments of the network) for data transmission with a design data transfer rate of 10 Gbit/s and higher;

h) communication networks (fragments of a communication network) for the distribution of television broadcasting and radio broadcasting programs, with the exception of cable television broadcasting distribution systems with a design capacity of up to 2500 subscriber connections;

i) television program distribution systems (MMDS);

j) in-vehicle emergency service call centers;

k) television and radio broadcasting stations of all types with a power of 500 W and above.

9. Representatives of the territorial body of Roskomnadzor in the acceptance committee are determined by the head of the territorial body of Roskomnadzor, in whose jurisdiction the telecommunication network (fragment of the telecommunication network) is located.

In the event that a telecommunication network (a fragment of a telecommunication network) is located on the territory of several constituent entities of the Russian Federation, the overall coordination of the work of representatives of the territorial bodies of Roskomnadzor is assigned to the head of the territorial body of Roskomnadzor, appointed head of putting the telecommunication network (fragment of the telecommunication network) into operation.

When commissioning telecommunication networks (fragments of the telecommunication network) specified in paragraph 8 of the Requirements, the telecom operator notifies the territorial body of Roskomnadzor about the formation of the Commission.

After receiving a notification about the formation of the Commission, the head of the territorial body of Roskomnadzor, within 5 (five) working days, informs the telecom operator about participation in the work of the Commission, indicating the last name, first name, patronymic (if any) of the representative of the territorial body of Roskomnadzor.

10. The Commission considers the following documents:

a) design documentation for the telecommunication network being put into operation (fragment of the telecommunication network). For telecommunication networks (fragments of the telecommunication network) not specified in paragraph 8 of the Requirements, it is allowed to use standard projects or factory instructions technical documentation equipment manufacturer) and the connection diagram and specification of the telecommunication network (fragment of the telecommunication network) approved by the telecom operator, containing information about the purpose, composition of communication facilities, operating conditions and technical specifications telecommunication networks (a fragment of a telecommunication network);

c) copies of agreements on connection to other telecommunication networks;

d) copies of documents confirming the allocation of numbering resources;

e) a list of the means of communication used, indicating the name of the type and number of the certificate of conformity for the means of communication or the declaration of conformity of the means of communication;

f) act of commissioning technical means for carrying out operational-search activities on the telecommunication network being put into operation (a fragment of the telecommunication network). Allowed by agreement with the authority federal service security, instead of the act of commissioning technical means for carrying out operational-search activities, the direction of the approved plan for the introduction of technical means for carrying out operational-search activities (hereinafter referred to as the action plan) on the telecommunication network being put into operation (fragment of the telecommunication network). In this case, a written confirmation of the implementation by the telecom operator of the approved action plan as of the date of its submission to the Commission, signed by the head of the territorial administration of the federal security service on paper in free form, is also sent.

11. The Commission studies and analyzes the documents specified in paragraph 10 of the Requirements, assesses the compliance of the telecommunication network (fragment of the telecommunication network) with the specified documents and its readiness to provide communication services.

12. The act is signed by all members of the Commission and approved by the official of the telecom operator who appointed the Commission.

The act can be approved in the presence of signatures (visas) of all members of the Commission.

If individual members of the Commission have reasonable objections, they must be considered before the approval of the Act.

A reasoned opinion justifying the impossibility of accepting the telecommunication network (a fragment of the telecommunication network) into operation, which has references to the regulatory legal acts of the Russian Federation, is sent by a member of the Commission with objections to the official of the telecom operator who appointed the Commission within 10 (ten) business days from the date of appointed by the Commission for the acceptance of the telecommunication network (fragment of the telecommunication network) for operation.

After the receipt of a reasoned opinion, the telecom operator determines measures to eliminate the identified deficiencies and sets a new date for the re-acceptance of the telecommunication network (fragment of the telecommunication network).

13. The date of commissioning of the telecommunication network (fragment of the telecommunication network) is the date of approval of the Act.

14. The telecom operator, within 10 working days after the commissioning of the telecommunication network (fragment of the telecommunication network), notifies the relevant territorial body of Roskomnadzor on the commissioning, in whose jurisdiction this telecommunication network (fragment of the telecommunication network) is located, by sending a notice of commissioning to operation.

15. The notice of commissioning shall indicate:

a) information about the applicant:

name, legal form, location legal entity- for a legal entity;

last name, first name, patronymic (if any), place of residence, details of the main identity document - for an individual entrepreneur;

b) a list of names of communication services, the provision of which will be carried out using the telecommunication network being put into operation (fragment of the telecommunication network) 2 ;

c) details (date of issue and number) of the license (licenses) for the relevant type of activity in the provision of communication services.

16. The notice of commissioning shall be accompanied by:

a) a copy of the approved act on the commissioning of the telecommunication network (fragment of the telecommunication network);

b) copies of certificates of registration of radio-electronic means (if there are radio-electronic means);

c) a scheme for constructing a telecommunication network (a fragment of a telecommunication network) indicating on it:

nodes and communication lines;

points of connection to other telecommunication networks;

a list and composition of communication facilities that form the points of connection of the telecommunication network, indicating their installed capacity and the technologies used;

d) copies of agreements on connection to other telecommunication networks;

e) copies of documents confirming the allocation of the numbering resource;

f) a list of the means of communication used, indicating the name of the type and number of the certificate of conformity for the means of communication or the declaration of conformity of the means of communication;

g) the documents specified in subparagraph "e" of paragraph 10 of the Requirements. The submission of the documents specified in subparagraphs "b", "d" - "g" of this paragraph of the Requirements to the territorial body of Roskomnadzor, whose representative was a member of the Commission, is not required.

17. In the event of a change in the owner or other owner of the previously put into operation telecommunication network (fragment of the telecommunication network), if at the same time the location of means and communication lines, their composition and characteristics have not changed, re-commissioning of the telecommunication network (fragment of the telecommunication network) is not required.

The new owner (owner) sends to the territorial body of Roskomnadzor, in whose jurisdiction the given telecommunication network (fragment of the telecommunication network) is located, a notification with information about the change of owner (owner) with copies of documents confirming the commissioning of the telecommunication network and (or) fragments of the telecommunication network into operation, as well as the transfer of ownership (possession).

In addition to designing, iForp provides support for the state examination of projects in the field of communications at the Federal State Budgetary Institution Center MIR IT. In most cases, when ordering a design from us, the examination is free of charge. We work with all cities and regions of Russia.

What projects are subject to state expertise in the field of communications?

FGU "Center MIR IT" and FGBI "Center MIR IT" - are they different organizations?

This is the same organization that last year replaced full name from the "Federal State Institution" Industry Center for Monitoring and Development in the Sphere of Infocommunication Technologies" (FGU Center MIR IT) to the "Federal State state-financed organization"Industry Center for Monitoring and Development in the Sphere of Infocommunication Technologies" (FGBU Center MIR IT).

What is included in the project for passing the examination?

The project must be prepared in accordance with the RFP RF No. 87 dated February 16, 2008, as amended on April 13, 2010. "On the composition of sections project documentation and requirements for their content. The typical structure of the project can be found on this page. The list of approvals and permits required for a successful examination can be found.

Do I always need a complete set of documents for the examination?

Is always. Otherwise, the examination will issue comments in which it will propose to supplement the project with appropriate approvals and permits. If the shortcomings identified in the project are not eliminated within the time period determined by the contract for the examination, the examination sends a negative expert opinion to the customer.

What is the procedure for passing the examination?

The detailed examination procedure is described in this section.

How to calculate the cost of a project appraisal?

The cost of the project examination is calculated in accordance with the Decree of the RF Gosstroy of August 18, 1997 No. 18-44, introduced by the letter of the Ministry of Communications of Russia of August 28, 2003 No. DM-P5-6092. The calculation of the cost of the examination directly depends on the coefficient specified in this resolution. This coefficient is indexed every quarter and for the fourth quarter of 2012 it was equal to 27.19. The cost of project appraisal is 20% or less of the cost of design and survey work. The higher the cost of PIR, the lower the percentage of the cost of expertise. For projects costing less than 160,000 rubles. with VAT, the cost of project expertise is 20% of the design and survey cost. And, for example, for projects worth from 160,000 to 321,000 with VAT, the cost of the examination will be 17.78%. Every quarter, with a change in the "Gosstroy coefficient" of the cost of design and construction work, at which the interest rate calculation of the cost of examination, are shifted up. Those. for projects undergoing appraisal in the first quarter of 2013, the lower threshold will move from 160,000 with VAT to a slightly higher amount. You can ask us for more detailed description calculation of the cost of examination of project documentation.

How long does an examination take?

According to the law, 3 months are allotted for the examination from the moment of signing the contract for the examination. If necessary, the customer can extend the examination period for another 3 months by sending a corresponding letter to the examination.

Is the expert opinion always positive?

Not always. If the shortcomings are not eliminated within the period established by the contract for the examination, the expert opinion will be negative. In this case, a re-examination of the project will be required. Also, the issuance of a negative opinion can be challenged in court.

What is "replies to expert comments"?

If an expert finds inaccuracies and shortcomings in the project, as well as inconsistencies with state standards that do not allow issuing a positive conclusion (for example, the absence of certain schemes, calculations, design decisions, approvals, permits), then the expert draws up a list of such shortcomings and proposes due diligence to correct and eliminate these deficiencies. Responses to comments are prepared and executed in accordance with general requirements to the preparation of project documentation and are sent for examination no later than 7 working days before the expiration date of the contract for the examination.

How to write responses to expert comments?

You can download an example of the design of the volume of answers to the expert's remarks.

Is there a re-examination of the project?

If the comments that have arisen during the examination are not eliminated, a negative expert opinion is drawn up. To obtain a positive expert opinion, it is necessary to eliminate the comments and go through the entire examination procedure again. You will also have to pay again. state duty for the examination.

What is an "expert opinion of a communication project"?

Based on the results of studying the project documentation, the specialist of the Federal State Budgetary Institution Center MIR IT draws up an expert opinion, which contains conclusions about the compliance of the project with:

  • design task
  • existing licenses for the provision of communication services
  • standards and requirements in the field of communication

The expert opinion states:

  • a complete list of active and passive equipment used in the communication network
  • list of station, linear and other structures
  • systems used for monitoring, billing, network management
  • adopted decisions on power supply, ventilation, air conditioning, protection, control of the equipment used

What is the validity period of an expert opinion?

Expert opinion has no expiration date. However, it loses its validity if there are "significant" changes in the communication network. Under "significant" changes in accordance with Order No. 113 of 09/09/2002, the following changes in registered indicators are understood:

  • a change in the composition of the equipment is considered to be the replacement of previously installed means of communication (hardware and software) or equipment that provides connection to a public communication network
  • a change in the location of the equipment is considered to be the transfer of equipment with a change in the wiring diagram (for radio electronic means (RES) - a change in the installation point with a change in geographical coordinates)

However, the changes are not considered “major” if the equipment is replaced with certified identical equipment with improved operational characteristics, if at the same time the connection scheme and the functional purpose of the communication structure do not change. If there are “significant” changes, a re-examination is required.

Since 2007, iForp has gained a lot of experience in the field of project expertise support, so if you need help, do not postpone until tomorrow and contact us right now.

On the territory of the Russian Federation, various structures and complexes, large and small, related to communication objects of various types are already in operation and are constantly being designed and built. Many of these facilities are undergoing renovations, modernization and other changes. Objects related to computer-to-computer communication technologies and server technologies, the Internet and local connections, often in recent times undergo changes, modernization, upgrades. To control the quality of work and maintenance of these objects of different scale and status, such a specialized study as a certified communication expertise is used.

Examination of video surveillance and alarm systems

Examination of communication systems, as an engineering and construction examination of objects related to communication objects, contains, as an important link, such procedures as the study of communication objects through a specialized technical audit. These are objects such as power grids, computer networks and all kinds of other communication lines. For example, computers. In particular, multiservice networks, the Internet, local computer networks, home or office local networks and other communication backbones. The non-profit partnership NP "Federation of Forensic Experts" successfully carries out all these studies with the help of the most latest knowledge in the field of computer technology, knowledge in the field of research of electrical networks, warning, control and automation networks, and any other modern communication facilities.

Development of infrastructures and technical components of communication objects of various types in Russian Federation goes on continuously, and certified experts are forced to constantly replenish their knowledge and data base in order to successfully maintain communication objects and conduct such studies as a certified and competent examination of communications, as an examination of its objects. Such a level of training and such dynamics of continuous improvement of the level of their activities are supported by the departments and specialists of the NP "Federation of Forensic Experts".

The tasks that certified and independent expertise of communication systems solves and can solve, of course, do not include only objects and complexes from the field of computer and Internet structure. This is a set of varieties of lines and technical objects that relate to electrical networks and stations, to communication lines of radio broadcasting, television and telephony. And also a huge share of the work of the communication expertise performed by the NP "Federation of Forensic Experts" is carried out in relation to dispatching systems, signaling, surveillance, control automation.

Meaning

Today's significance of such a study as an examination of communication in all the above and some other areas can hardly be overestimated. This includes obligatory planned examinations, which are designed to check the operability of facilities and communication lines. And non-departmental preventive and special studies, thanks to which communication objects undergo analysis and prevention of violations, are subject to optimization and quality control of work. All these and other services can be offered to you today by employees of the departments of NP "Federation of Forensic Experts".

Since the beginning of the work of all non-governmental expert institutions in the Russian Federation, our partnership, NP "Federation of Forensic Experts", has been the most active of all organizations on its territory that offer all kinds of examinations, checks, consultations and optimization of the work of any objects. We are ready to offer you not only mandatory studies, such as scheduled examination of communication systems, but also a full range of advice and consultations on how to improve the performance of your systems and projects - no matter what area they belong to.

Tasks

The examination of communications, which can be carried out by employees of NP "Federation of Forensic Experts", is able to perform the following tasks and give the following results in relation to objects and communication lines of any type:

  • give an independent and objective general picture of the state, features and quality of operation of networks and communication objects;
  • assist in the prevention and ensure the prevention of errors and violations that may occur on a particular communication object;
  • conduct expert studies of complexes and lines of warning, automation and automatic control, signaling and dispatching;
  • provide material for the preparation of professional recommendations by the specialists of NP "Federation of Forensic Experts" regarding the improvement of the operation of communication facilities and the elimination of malfunctions and shortcomings in their work;
  • provide material for optimizing network congestion monitoring processes;
  • conduct expert studies on telephony, television and radio broadcasting networks. Monitor their workload, condition, compliance with operating conditions, predict the operational state;
  • communication expertise can also provide information for the same predictions about any other types of networks and communication objects;
  • examine fire alarm systems in relation to compliance with GOSTs and other standards;
  • check any communications facilities under construction before commissioning and at any stage of their design or creation;
  • check the status of documentation in relation to any communication lines and objects, check its compliance with existing standards;
  • perform all possible studies that may be needed, useful or necessary in relation to communication lines of any type, stations, communication equipment, and communication objects.

If you and I tried to create a general and detailed list of services that NP "Federation of Forensic Experts" can offer its Customer today, then it would turn out to be very large. Since there are more and more nuances in the operation of communication lines, the types of which are becoming more and more today. It can be said that the scope of these technical objects is growing both in breadth and depth, in all directions, requiring from professional experts more and more preparedness and responsibility in such work as communications expertise.

Certification and training of employees of NP "Federation of Forensic Experts" is not only an opportunity to carry out such work in any direction, but maintaining attention to the situation and interests of the Client. Exact observance of the Legislation, its norms, as well as technical rules for all objects under study. Thus, our expertise of communication systems has become a popular service, which is being requested by more and more Customers from all regions of the Russian Federation.

Around the legislation in the field of construction, and especially in the field of telecommunications, there have always been and will be many questions and disputes. Let's try to understand all the legislative vicissitudes and realities of life.
Divide the execution design work in our industry in terms of their purpose:
architectural and construction design, containing architectural, functional, technological, structural and engineering solutions to ensure construction;
designing to ensure the integrity, stability of operation and security of the communication network.

Architectural and construction design
This activity is carried out on the basis of the Town Planning Code and its by-laws and is necessary only for objects capital construction. Communication facilities in accordance with the Law "On Communications" are engineering infrastructure facilities, including antenna mast structures (AMS), linear cable structures (LCS): sewerage, unattended amplification points (NUP), closed underground passages etc., but not the cable itself. This issue is described in more detail in the Decree of the Government of the Russian Federation (PP RF) dated February 11, 2005 No. 68 "On the features of state registration of property rights and other real rights to linear-cable communication facilities." For construction similar structures it is necessary to obtain a permit and, accordingly, have a positive conclusion from the architectural and construction expertise of the project documentation. They should not be confused with the definition of "communication facilities" from the order of the Ministry of Communications of 09.09.2002 No. 113 - we will talk about them later. Expertise can be state and non-state. State expertise is divided into two levels - federal (FAU "Glavgosexpertiza" and its nine branches) and subject (state expertise in the subjects of the Federation).
Expertise at the federal level is subject to design documentation for especially dangerous, technically complex and unique facilities, as well as facilities, the construction or reconstruction of which is supposed to be carried out on the territory of several constituent entities of the Federation, and a number of others. Until 2010, all LKS were considered especially dangerous and technically complex. On the this moment especially dangerous, technically complex structures are considered, for example, AMS with a height of 75 m and LKS with a deepening of the underground part below the planning mark by 5 m. Structures above 100 m or with a depth below 10 m are considered unique. legislative framework a small gap has been created, since, in accordance with the Urban Planning Code, objects with a depth below the planning mark of 15 m are considered unique. Thus, it turns out that LCS with a depth of 10 to 15 m are neither particularly dangerous and technically complex, nor unique.
State examination of the level of the subject and not state expertise project documentation for all other capital construction projects is subject to. Moreover, there are a number of objects, the design documentation of which is subject only to state expertise (clause 3.4 of article 49 of the Town Planning Code).
The institute of non-state expertise was introduced back in 2008, but the legitimacy of the conclusions of non-state expertise, on a par with the state expertise in the design of most capital construction projects, appeared only from April 1, 2012. Now such expert bodies are accredited by the Federal Accreditation Service (Government of the Russian Federation dated December 29, 2008 No. 1070, taking into account all the changes made in 2011 and 2012), for this they must have employees certified by the Ministry of Construction (formerly the Ministry of Regional Development). Certification as a public service is provided free of charge. The list of areas of activity of experts subject to certification is given in the order of the Ministry of Regional Development dated March 27, 2012 No. 127. It also indicates directions concerning communication systems. After the establishment in November last year of Rosakkreditatsiya and the transfer of authority to accredit organizations entitled to conduct an examination, all accreditation certificates previously issued by the Ministry of Regional Development were suspended from April 1, 2012. When confirming the compliance of such organizations with the new requirements, their certificates are renewed by separate orders of the Federal Accreditation Service in whole or in part (for example, only in terms of conducting a non-state examination of only design documentation or engineering surveys).
It should be noted that the examination is necessary only for those capital construction projects that require a building permit, and during overhaul permission and expertise are not required.
For capital construction projects, the requirements for the composition and content of project documentation are given in the Russian Federation Resolution No. 87 dated February 16, 2008. Its main advantage can be considered the form (the requirements for project documentation are clearly divided into sections and paragraphs), and the main disadvantage is the content. There is an opinion that it is necessary to make fundamental changes to it, both in terms of fundamental issues and in terms of numerous mistakes (for example, why is it necessary to describe signaling systems when designing line-cable communication structures?). In accordance with road map"Improving the legal regulation of urban planning activities and improving the business climate in the construction industry" (approved by Government Decree 1336-r dated July 29, 2013), amendments to RF GD No. 87 should be submitted to the Government of the Russian Federation for consideration.
Requirements for the execution of design and working documentation for capital construction projects are given by order of the Ministry of Regional Development No. 108, which refers to national standards. The main one is GOST R 21.1101-2013 "Basic requirements for design and working documentation". As for communication, there is GOST R 21.1703-2000 "Rules for the implementation of working documentation for wired communications". In this case, when designing, it is necessary to be guided by documents in accordance with the Law on Technical Regulation (No. 184-FZ of December 27, 2003), of which the main ones are technical regulations, in particular, Technical regulation on the safety of buildings and structures (No. 384-FZ of December 30, 2009) and its by-laws.

Communication design
To be able to provide communication services, it is necessary to commission facilities and communication networks in Roskomnadzor. The commissioning rules are described in the order of the Ministry of Communications dated September 9, 2002 No. 113, which has long become infamous, approving the "Rules for commissioning communication facilities." Here we use the definition of "structure" in quotation marks, since it is fundamentally different from the definition in the law "On Communications". Here, "structure" is a set of means, lines and communication networks, and not objects of engineering infrastructure. This contradiction gives rise to some difficulties. It must be understood that the communication "structures" put into operation have nothing to do with communication structures, which are capital construction projects, and everything that is described above in the article does not apply to them.
But this is far from the only contradiction in Order No. 113. Many terms and definitions in it are outdated and do not correspond to either the current legislation or the realities of the development of the telecommunications industry (this is especially important for the objects handed over under the simplified procedure listed in Appendix A). As for the commissioning itself, the order requires the presence of the conclusion of the State Expertise (except for the structures listed in Appendix A), the institute of which now relates only to capital construction projects. Instead of issuing an operating permit, which is mentioned in the order, Roskomnadzor puts its signatures on the KS-14 act.
This situation arose after an unsuccessful attempt in 2007 to introduce an institution for registering communication networks, which includes, among other things, the development of system projects and their non-state expertise. After the legislative repeal in 2010 of the reform that did not work, it turned out that the legislation in the field of construction had already changed (in terms of design requirements, state expertise, the emergence of self-regulatory organizations), and a simple return to the old requirements for "communication facilities" introduced the entire input system commissioned into de facto mode of operation.
As for de jure, in accordance with Article 12 of the Law "On Communications", the requirements for the design of communication networks should be established by the Ministry of Communications. There are no such requirements at the moment, while the requirements for commissioning are morally and legally outdated. De facto, the FGBU Center MIR IT, subordinated to Rossvyaz, is the body conducting the examination of project documentation. It should be noted that the purpose of such an examination is to analyze the compliance of project documentation with the requirements of legislation in the field of communications (networking, traffic rules, etc.), and this goal has nothing to do with architectural and construction state and non-state examinations. An expert opinion is necessary for the acceptance committee, in which Roskomnadzor participates. So if a communication facility is a capital construction project, then two examinations must be carried out in parallel: to obtain a building permit and to start providing communication services at this facility.
As mentioned earlier, there are no current requirements for industry design. In this case, it is necessary either to adapt the requirements for the design of capital construction projects, or to use already canceled standards (for example, to make a working draft). Such uncertainty generates large monetary and time risks during design and commissioning, which worsens economic indicators in the industry as a whole. In addition, the industry has created an intricate system of rules for building networks, licensing requirements for the provision of communication services and rules for the use of equipment, which makes it almost impossible to achieve the goal set in Article 1 of the Law "On Communications": promoting the implementation promising technologies and standards. It is necessary to rework all documents in order to simplify them and remove inconsistencies, as well as to fully link all stages of the commissioning cycle - from licensing communication services and equipment certification to the commissioning procedure itself.
In terms of design, it is proposed to develop requirements for industry design
(in accordance with Article 12 of the Law "On Communications"), and aimed only at solving the main tasks - ensuring the integrity, stability of operation and security of the communication network. Thus, at the stage of creating project documentation, the telecom operator, through the contractor-designer, proves the integrity and survivability, as well as compliance with the requirements for the main indicators of the functioning of the communication network. Moreover, such requirements already exist, these are "Requirements for the organizational and technical support of the stable operation of the public communication network", approved by order No. 113 of September 27, 2007. This order mentions that the integrity and survivability of a communication network is ensured, for example, through meeting the requirements for their construction during design or compliance with technical standards for performance indicators. In this case, it is necessary to approve uniform methods for calculating the main indicators (there are many such methods) and, possibly, to develop a number of software products that allow calculating such indicators.
It would be a wrong step to completely get rid of industry expertise. It is necessary to change its goals and objectives and, perhaps, even the form. In particular, industry expertise can verify the above calculations and basic requirements for building communication networks, thereby confirming the integrity, stability of operation and security, which, in turn, may allow Roskomnadzor to introduce a notification procedure for commissioning communication networks (or individual elements networks).
According to the author, this option changes in industry legislation (in particular, the "Rules for commissioning communication facilities") would ensure the integrity, stability of operation and security of the communication network and, accordingly, the quality of communication services provided. ▪

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