5G regulation and law in Ukraine

5G is not available yet. In November 2020, the government adopted a plan to implement 5G. In August 2021, the Cabinet of Ministers postponed the tender announcement until February 2022, but this has not taken place due to the war. In May 2024 5G technology was tested on a non-commercial basis and did not yet involve consumer access to the technology. Due to security concerns, the technology is now being tested by the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and Postal Services (the NCEC) as well as by the Ukrainian State Centre of Radio Frequencies whether 5G is compatible with military equipment and whether the technology could negatively affect the work of the military. This was enabled by the changes introduced on November 01, 2024 to the Cabinet of Ministers of Ukraine Resolution on Approval of the Plan for the Distribution and Use of Radio Frequency Spectrum in Ukraine dated December 19, 2023.

As 5G is not yet available for general use in Ukraine, no particular actions have been taken to ensure access. Prior to the introduction of martial law, several 5G testing points (labs) had been launched in 2021 in cooperation with telecom companies. The plan had been to make the respective frequencies available to a wide range of users, from critical infrastructure to schools. However, no licence tenders have been announced yet.

No public tenders have been announced and  awarded yet.

• The award criteria have yet to be defined.
• The spectrum licence conditions have not been established yet.
• The price calculation has not been defined yet.
• The main reason for postponing both the tenders for 5G frequency licensing and the respective research was lack of funding. The deployment of 5G has been significantly slowed down by the full-scale war and martial law.

The announcement of 5G public tenders was scheduled for February 2022, but has been delayed due to the war and martial law. The NCEC has stated that there are radio frequencies currently available in the higher spectrum suitable for 5G technology. Some of these frequencies were previously licensed to a Ukrainian telecommunications company and used for provision of services of fixed Internet access, however in February 2023 the Supreme Court confirmed the NCEC’s earlier decision to terminate the company’s license. These frequencies may be potentially auctioned but only after the end of the war. This is primarily due to the fact that 5G deployment would also require lower-spectrum frequencies,  which are currently being used for military purposes.

No 5G specific rules have been drafted yet.

No 5G network sharing or spectrum sharing agreements are in place to date.

No rules for granting competitors access to new 5G networks have been adopted yet.

There were no specific comments on the potential use of Chinese technology. However, fast-evolving 5G technology is mentioned as a potential cybersecurity challenge in the Cyber Security Strategy of Ukraine as adopted by the National Security Council and approved by the President in 2021.

At the same time there are concerns about risks posed by deployment of 5G technology in Ukraine amid the war, including risks of cyberattacks carried out by Russia both on military and civilian infrastructure. This is one of the primary reasons 5G technology is now being tested for  compatibility with, for instance, military equipment.

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