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Ukraine

5G regulation and law in Ukraine

Table of contents
  1. What is the state of 5G deployment in your country?
  2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 
  3. Has 5G been launched for industrial purposes? For which sectors?
  4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies? Are such frequencies accessible to stadiums, airports and other special premises?
  5. What public tenders have awarded spectrum licences? 
    1. What were the criteria for awarding each of the tenders?
    2. What are the conditions of the spectrum licence? 
    3. What is the price and how is it calculated?
  6. Is there a long-term spectrum plan or announcements for future tenders? 
  7. If 5G specific rules are drafted, what do they say?
  8. Are there any issues in the implementation of the 5G projects? Have there been any decisions regarding non-compliance with 5G concessions’ obligations?
  9. What focused 5G network or spectrum sharing regulation exists? What are the latest developments in the thinking of the regulators about 5G shared infrastructure ownership or use? 
  10. Are 5G network sharing or spectrum sharing agreements in place?
  11. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?
  12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?
Ukraine
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1. What is the state of 5G deployment in your country?

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.

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

5G services are not yet provided to consumers.

3. Has 5G been launched for industrial purposes? For which sectors?

5G has not been launched for industrial purposes yet.

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies? Are such frequencies accessible to stadiums, airports and other special premises?

As 5G is not yet available in Ukraine, no particular actions have been taken to ensure access to it. 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.

5. What public tenders have awarded spectrum licences? 

No public tenders have been announced or awarded yet.

5.1 What were the criteria for awarding each of the tenders?

The award criteria have yet to be defined.

5.2 What are the conditions of the spectrum licence? 

The spectrum licence conditions have not been established yet.

5.3 What is the price and how is it calculated?

The price calculation has not been defined yet.

6. Is there a long-term spectrum plan or announcements for future tenders? 

The announcement of 5G public tenders was scheduled for February 2022, but has been delayed due to the war and martial law.

7. If 5G specific rules are drafted, what do they say?

No 5G specific rules have been drafted yet.

8. Are there any issues in the implementation of the 5G projects? Have there been any decisions regarding non-compliance with 5G concessions’ obligations?

The main reason for postponing both the tenders for 5G frequency licensing and the respective research was a lack of funding. The deployment of 5G has been significantly slowed down by the war and martial law.

9. What focused 5G network or spectrum sharing regulation exists? What are the latest developments in the thinking of the regulators about 5G shared infrastructure ownership or use? 

There is no 5G-focused network or spectrum sharing regulation yet. There have not been any developments regarding 5G deployment or shared infrastructure ownership or use. However, it had previously been announced that all 5G auctions would be carried out in cooperation with the private sector.

10. Are 5G network sharing or spectrum sharing agreements in place?

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

11. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

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

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

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

Authors

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Portrait ofMaria Orlyk
Maria Orlyk
Managing Partner
Kyiv (CMS RRH)
Portrait ofOlga Belyakova
Olga Belyakova
Partner
Kyiv (CMS CMNO)
Portrait ofOleksandra Prysiazhniuk
Oleksandra Prysiazhniuk
Senior Associate
Kyiv (CMS RRH)
Portrait ofMykola Heletiy
Mykola Heletiy
Senior Associate
Kyiv (CMS CMNO)