Ukraine Updates Spectrum Rules for Eventual EU Membership

Ukraine aligned its spectrum allocation and licensing rules with the EU's, law firm Kinstellar noted in a client alert. Asked whether the new regime has implications for Ukraine's defense against the Russian invasion, Kinstellar (Kyiv) telecom attorney Anastasiya Bolkhovitinova emailed, "Yes, although it is a very complex question." The allocation plan and licensing conditions were developed in compliance with Ukraine's undertaking to align its legislation with applicable EU regulations. Specifically, the alert noted, "the plan is intended to optimize and harmonize spectrum usage, consolidate the spectrum licensing regime, clarify frequency assignments and lay the groundwork for the introduction of new technologies in Ukraine." The plan consists of two sections. A national table of band allocations allocates radio frequency bands on a primary or secondary basis and defines which bands are for general use or are reserved for the military and other state bodies. The section on radio technologies in use, among other things, lists technologies for general and special users. The plan has three annexes, the first defines the national notes establishing particularities for radio frequency usage. The second specifies use conditions for the 56.025-157.925 MHz and 160.625-162.025 MHz bands by the maritime mobile radio service during the application of "radio communication for shore and ship stations" radio technologies. Annex 3 sets out usage specifics for the 150.05-168.5 MHz band for general users of mobile radio services. The licensing conditions affect L02 licenses, which grant nonexclusive rights to frequencies in the same region. EU governments in December agreed to open accession talks with Ukraine.