operators need to obtain a license for provision of phone services and for the frequencies they use. Fixed operators are required to have a license for local, national, and international services, while fixed wireless providers need a license for fixed operators as
well as for the frequency they operate.
The legal status of VoIP providers has yet to be defined. Within the context of the
current definitions, VoIP providers could be considered ‘‘operators’’ and therefore be
required to undertake the same licensing procedures as the other categories of operators. Obviously there is a degree of uncertainty in the market. The losses from the
illegal termination of voice calls in Ukraine have been calculated. Ukrtelecom offers a
termination rate for IP calls of USD 0.75–0.77. It is not known how many (if any) IP
telephony companies take advantage of this offer.
The country-code top-level domain (CC TLD) ‘‘.ua’’ is administered by the independent company Hostmaster. In 2008, there were two separate legislative initiatives proposing to establish governmental control over the administrative body. Oleg Shevchuk
(Prime Minister of Ukraine, Bloc of Yulia Tymoshenko) suggested that the administration of the CC TLD be performed by a nonprofit NGO representing the IT sector. However, any final appointment decision would be enacted only after approval by a
supervisory board, including representatives of the National Communication Regulation Commission (NCRC), the Anti-Monopoly Committee, and other central executive
bodies. 40 Another draft law envisioned stricter measures. 41 According to the draft law,
the administrator—a noncommercial organization—should be founded by associations of communication providers as well as authorized governmental bodies. The
administrator would be approved by the Cabinet of Ministries following a proposal by
the State Informatization Committee and the NCRC. Furthermore, the administrator’s
activity would be organized by a coordination council composed of executive bodies
and self-regulated organizations. However, these two proposals were not successful.
At present, there are no controls on Internet access or content. However, this situation may be changing as government figures have made public calls for stricter regulation of the Internet, citing national security concerns. 42 Suggested measures
include licensing ISPs, registering Internet resources, and monitoring content related
to obscene or harmful material. The threat of Internet censorship was raised in 2005
when the Ministry of Transport and Telecommunications introduced, and subsequently withdrew, a decree regulating registration of Web sites hosted in Ukraine for
the purposes of national security. 43 In 2009, the Ukrainian Security Service was
instructed to prepare draft legislation that would obligate news Web sites to register as
media. 44
The Law on Protection of Public Morals of November 20, 2003, enacted during the
term of the previous government, is still effective. It prohibits the production and circulation of pornography; dissemination of products that propagandize war or spread
Ukraine
255
well as for the frequency they operate.
The legal status of VoIP providers has yet to be defined. Within the context of the
current definitions, VoIP providers could be considered ‘‘operators’’ and therefore be
required to undertake the same licensing procedures as the other categories of operators. Obviously there is a degree of uncertainty in the market. The losses from the
illegal termination of voice calls in Ukraine have been calculated. Ukrtelecom offers a
termination rate for IP calls of USD 0.75–0.77. It is not known how many (if any) IP
telephony companies take advantage of this offer.
The country-code top-level domain (CC TLD) ‘‘.ua’’ is administered by the independent company Hostmaster. In 2008, there were two separate legislative initiatives proposing to establish governmental control over the administrative body. Oleg Shevchuk
(Prime Minister of Ukraine, Bloc of Yulia Tymoshenko) suggested that the administration of the CC TLD be performed by a nonprofit NGO representing the IT sector. However, any final appointment decision would be enacted only after approval by a
supervisory board, including representatives of the National Communication Regulation Commission (NCRC), the Anti-Monopoly Committee, and other central executive
bodies. 40 Another draft law envisioned stricter measures. 41 According to the draft law,
the administrator—a noncommercial organization—should be founded by associations of communication providers as well as authorized governmental bodies. The
administrator would be approved by the Cabinet of Ministries following a proposal by
the State Informatization Committee and the NCRC. Furthermore, the administrator’s
activity would be organized by a coordination council composed of executive bodies
and self-regulated organizations. However, these two proposals were not successful.
At present, there are no controls on Internet access or content. However, this situation may be changing as government figures have made public calls for stricter regulation of the Internet, citing national security concerns. 42 Suggested measures
include licensing ISPs, registering Internet resources, and monitoring content related
to obscene or harmful material. The threat of Internet censorship was raised in 2005
when the Ministry of Transport and Telecommunications introduced, and subsequently withdrew, a decree regulating registration of Web sites hosted in Ukraine for
the purposes of national security. 43 In 2009, the Ukrainian Security Service was
instructed to prepare draft legislation that would obligate news Web sites to register as
media. 44
The Law on Protection of Public Morals of November 20, 2003, enacted during the
term of the previous government, is still effective. It prohibits the production and circulation of pornography; dissemination of products that propagandize war or spread
Ukraine
255