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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 2, 2017 No. 238

About approval of Rules of carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators, requirements to telecom operators on rendering universal communication services, the list of universal communication services and recognition voided some decisions of the Government of the Republic of Kazakhstan

According to the subitem 14) of article 7 of the Law of the Republic of Kazakhstan of July 5, 2004 "About communication" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators;

2) requirements to telecom operators on rendering universal communication services;

3) list of universal communication services.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective from the date of its first official publication, except for the subitem 3) of Item 1 of the resolution which becomes effective since January 1, 2017.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of May 2, 2017 No. 238

Rules of carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators

Chapter 1. General provisions

1. These rules of carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators, (further – Rules) are developed according to the laws of the Republic of Kazakhstan of July 5, 2004 "About communication", of April 9, 2016 "About mail" and determine procedure for carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators.

2. The purpose of carrying out tender is determination of operators of universal servicing for rendering the established list of universal communication services by them.

3. The used basic concepts:

1) the operator of universal servicing – the telecom operator rendering communication services to whom according to the legislation of the Republic of Kazakhstan the obligation on rendering universal communication services is assigned;

2) universal communication services – the minimum list of communication services which is fixed in the sector of telecommunications and mail service, developed by authorized body and approved by the Government of the Republic of Kazakhstan, rendering communication services to any user in any settlement in the set time with which established quality and price level, these services providing availability, is obligatory for operators of universal servicing;

3) the telecom operator – the legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services;

4) authorized body – the central executive body determined by the Government of the Republic of Kazakhstan, enabling the realization of state policy in the field of communication, the state control, coordination and regulation of activities of persons providing services in the field of communication or using them.

Chapter 2. Procedure for carrying out tender by determination of operators of universal servicing

4. The authorized body acts as the organizer of tender (further – the organizer).

The organizer approves structure of tender committee, the tender documentation, terms of carrying out tender and term of placement of the declaration of carrying out tender in mass media.

5. Competition is held by the organizer by open method to which to participation telecom operators are allowed.

The telecom operator and its affiliate cannot participate in tender on one lot.

6. Carrying out tender is based on the principles:

1) legality;

2) fair competition;

3) justice;

4) equal rights and legitimate interests of participants.

7. Prior to carrying out tender the organizer annually places the declaration of carrying out tender in mass media.

8. The declaration includes the following data:

1) the name and the location of authorized body in the field of communication;

2) final term of submission of bids;

3) time, date and venue of tender;

4) list of universal services;

5) the list of necessary documents for participation in tender;

6) place and methods of receipt of competitive documents.

9. The tender committee consists of the chairman, the vice-chairman, members and the secretary of the commission. The chairman, the vice-chairman and members of the commission participate in vote, the secretary of the commission has no right to vote.

The total quantity of the members of tender committee having the vote right constitutes odd number (at least five people).

10. The chairman of tender committee directs its activities, presides over meetings of tender committee, plans its work and exercises general control over implementation of its decisions.

During absence of the chairman of its function the deputy carries out.

11. Decisions of tender committee are made by open voting and are considered accepted if for them the majority of votes from total quantity of members of tender committee is given.

In case of equality of votes the decision for which the commission chairman voted is deemed accepted.

12. Solutions of tender committee are drawn up by protocols which are in accordance with the established procedure prepared by the secretary of the commission and signed by the chairman, the vice-chairman and members of the commission.

13. The tender documentation submitted by the organizer to telecom operators contains:

1) the list of lots with action areas of the telecom operator;

2) the technical specification about the description of the works specified in lots;

3) the draft agreement about subsidizing of cost of universal communication services.

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