Connection lost after shelling: operators to be forced to restore mobile communication and internet faster

In Ukraine, it is proposed to legally regulate the procedure for restoring electronic communication networks that were damaged or destroyed as a result of Russian aggression.

A draft law No. 15426 has been submitted to the Verkhovna Rada, which establishes new obligations for electronic communication operators, defines the powers of the regulator and the Cabinet of Ministers, and also imposes on infrastructure owners the duty not to hinder emergency restoration works.

The document aims to ensure faster restoration of communication in combat zones and de-occupied communities, where access to electronic communications is critically important for the population, authorities, hospitals, educational institutions, critical infrastructure enterprises, and security and defense forces.

The draft law proposes to supplement the Law of Ukraine "On Electronic Communications" with a new Article 32“1, which will define a special procedure for network restoration during martial law.

Why there is a need for a new law

Since the start of the full-scale war, a significant number of electronic communication networks and infrastructure facilities have been damaged or destroyed due to hostilities.

The loss of communication significantly complicates the life of the population, the work of state authorities and local self-government, healthcare and educational institutions, critical infrastructure enterprises, as well as security and defense forces.

At the same time, the current Law "On Electronic Communications" does not contain a special mechanism defining operators' obligations regarding the restoration of damaged networks in areas of active hostilities, possible hostilities, and de-occupied territories, nor the procedure for their interaction with infrastructure owners and the National Commission for State Regulation of Communications, Radio Frequency Spectrum and Postal Services (NCCIR).

What obligations are proposed for operators

An electronic communication network operator who provided services in a settlement classified as an area of active or possible hostilities before its damage will be obliged to take measures to restore services to at least the minimum accessibility level defined by the regulator.

This obligation will arise only under two conditions:

• the work does not pose a direct threat to the life or health of workers;
• there is a technical possibility to restore the electronic communication network.

Additionally, if the network was damaged due to hostilities, the operator must submit to the NCCIR within 30 calendar days from the date of damage detection:

• a network restoration plan;
• or a reasoned justification of the impossibility of restoration with specified reasons.

The plan must contain information about the nature of the damage, a list of restoration measures, and approximate timelines for the work.

Additional requirements for the largest operators

The draft law establishes separate requirements for operators who, as of February 24, 2022, provided electronic communication services to more than 50% of households in the respective settlement.

Such operators must maintain or restore the ability to provide services to at least 50% of the population actually residing in the respective settlement according to the latest official data from the military administration or local self-government body.

At the same time, this requirement will not apply if achieving such an indicator is impossible due to:

• lack of access to infrastructure facilities;
• network destruction;
• force majeure circumstances.

What will change for infrastructure owners

The document also imposes an obligation on owners or holders of infrastructure facilities in areas of active hostilities, possible hostilities, and de-occupied territories not to create unreasonable obstacles to operators' access to such facilities.

This is necessary for carrying out emergency restoration works and restoring the provision of electronic communication services.

What powers will the Cabinet of Ministers and NCCIR receive

The draft law provides that the Cabinet of Ministers will determine:

• features of placement, restoration, and replacement of electronic communication technical means in territories where hostilities took place;
• the procedure for compensating documented expenses related to the restoration of damaged or destroyed networks.

The NCCIR, in turn, will receive powers to:

• define minimum accessibility indicators of electronic communication services for areas of active hostilities, possible hostilities, and de-occupied territories;
• maintain a register of settlements where networks were damaged due to hostilities, indicating the status of their restoration;
• monitor network restoration;
• if necessary, make decisions on temporary joint use of certain elements of electronic communication networks and infrastructure to ensure continuity of service provision.

When the law may come into force

According to the draft, the law will come into force three months after the day following its publication.

During this time, the Cabinet of Ministers must bring its regulatory legal acts, as well as acts of ministries and other central executive bodies, into compliance with the new law, ensuring their simultaneous entry into force.

What results the authors expect

The implementation of the draft law will not require additional expenditures from the state budget at the stage of its adoption. At the same time, possible expenses for compensating operators for documented costs of network restoration will be determined by separate decisions of the Cabinet of Ministers within existing budget resources, international technical assistance, and other sources not prohibited by law.

The authors of the document predict that its adoption will contribute to increasing the accessibility of electronic communication services in territories affected by hostilities, strengthening the resilience of electronic communication networks, accelerating the restoration of damaged infrastructure, improving coordination between operators, infrastructure owners, and state bodies, as well as ensuring uninterrupted access for the population, the state, critical infrastructure facilities, and the security and defense sector to electronic communication services.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay informed about the most important events.