They ask to write off fines from SIM cards – Newspaper Kommersant No. 187 (7388) dated 10/08/2022
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The Russian Union of Industrialists and Entrepreneurs (RSPP) asks to reduce the amount of fines for telecom operators for violating the requirements of the law on gray SIM cards. Now the introduction of a fine of 250 thousand rubles is being discussed. for violating the procedure for providing Roskomnadzor with data on subscribers, which is comparable to liability for illegal business, the union notes. Against the backdrop of sanctions pressure, such fines are excessive, telecom operators agree. According to experts, the introduction of such liability will not rule out the spread of gray SIM cards.
Kommersant got acquainted with the letter of the President of the RSPP Alexander Shokhin to the Assistant to the President of the Russian Federation – Head of the State Legal Department of the President of the Russian Federation Larisa Brycheva dated September 30. In it, Mr. Shokhin asks to revise the amendments to the Code of Administrative Offenses (CAO), which provide for fines for telecom operators for violating the procedure for providing Roskomnadzor with data on SIM card owners.
Amendments to the Code of Administrative Offenses, providing for penalties for violating the law on gray SIM cards, were introduced back in May 2017 and adopted in the first reading in October 2021. Responsible for this bill is the State Duma Committee on State Construction and Legislation, the Information Policy Committee is listed as a co-executor. The document is being prepared for the second reading.
The Law “On Communications”, in the part regulating the circulation of gray SIM cards, obliges businesses to register data on end users of corporate SIM cards in the Unified Identification and Authentication System (ESIA) of the public services portal. Operators can provide services only to subscribers who have been identified. Roskomnadzor, in accordance with the document, will also be able to request data on calls or data transfer and the location of the nearest base stations when providing services.
The RSPP letter notes that fines for telecom operators in the amount of 250 thousand rubles. for violation of the procedure for providing data on subscribers to Roskomnadzor more than for similar violations related to the provision of this or that information to regulators, and is comparable to fines for illegal business. RSPP proposed to reduce their size, given the “high costs” of operators for the implementation of the “Yarovaya law” and maintaining the infrastructure of communication networks.
The State Duma Committee on State Construction and Legislation also does not believe that the fines should be made “exorbitant”, but they expect both sides to give arguments in defense of their position, committee chairman Pavel Krasheninnikov told Kommersant: “After that, it will be possible to continue work on the bill “. The Ministry of Digital Development did not answer “Kommersant”.
MegaFon and Tele2 agreed with the RSPP proposal. The amount of the proposed fines is a multiple of the fines for similar articles and is not comparable to the severity of the violation, MegaFon noted. Tele2 added that “in the face of sanctions pressure, such regulation imposes an excessive burden on the company, which hinders business and is fraught with degradation of services for users.” VimpelCom and MTS declined to comment.
The initiative is designed to regulate the market of gray SIM cards, due to the fact that cases of selling SIM cards without registering to the end subscriber have become more frequent, Dmitry Galushko, CEO of the consulting company Ordercom, recalled: “Legal entities purchase SIM cards from telecom operators in order to distribute them across agency scheme. But in the end, they often sell SIM cards without concluding a contract with the user and without providing this data to operators.” This leads to the fact that the FSB does not have reliable information about users in the system of operational-search activities, Dmitry Galushko explained.
The introduction of the proposed fines may result in high costs for telecom operators and affect the cost of their services or their quality, admits Konstantin Ankilov, CEO of TMT Consulting. At the same time, the analyst doubts the effectiveness of the measures, according to him, the operators have already done a lot of work to identify their subscribers: “But it is easier for the authorities to control a few participants than many gray market agents, so the regulation of telecom operators is being tightened.”
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