OREANDA-NEWS. On July 26, 2007 the Federal Antimonopoly Service (FAS Russia) found that the "Main Radiofrequency Centre" Federal State Unitary Enterprise breached Part 1 Article 10 of the Federal Law "On Protection of Constitution" (abusing dominant position), reported the press-centre of FAS Russia.

The case was initiated following the petition of A.N.Greshevnikov, a member of the State Duma, the Federal Assembly of the Russian Federation, that the "Main Radiofrequency Centre" Federal State Unitary Enterprise ("MRC" FSUE) tried to prevent entrepreneurial activities of "Bintel" Ltd. (Rybinsk).

"MRC" FSUE breached the law by preventing "Bintel" Ltd from obtaining (or allocating) radio frequencies, required by "Bintel" Ltd to offer services on over-the-air TV programmes transmission using the MMDS system, the right to which "Bintel" Ltd obtained by winning a competitive tender.

"Bintel" Ltd. won the tender, organized by the Russian Ministry of Communication, for the right to use radio frequencies for allocating TV programmes by means of the MMDS system in the city of Rybinsk, the Yaroslavl Region.

In November 2003, "Bintel" Ltd. obtained a license for offering services of over-the-air TV programmes transmission using the MMDS system (frequency bandwidth 2500-2700 MHz, the number of frequency channels - 12). However, "Bintel" Ltd. had to wait four years to get the permission to use radio frequencies, without which it could not start offering the above services. "Bintel" Ltd. repeatedly approached "MRC" FSUE on the issue of getting an expert's conclusion on allocating 12 specific frequency nominals. The permissions were granted only in March 2007.

Having considered the case, FAS Russia found that "MRC" FSUE breached Part 1 Article 10 of the Federal Law "On Protection of Constitution". FAS made a decision, however, that determination was not required as "MRC" FSUE eliminated the consequences of breaching the antimonopoly legislation.