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Ministry of Justice

Azerbaijan Republic 

On September 8, 1999 No. 188

Approved by the Ministry of Communications of the Azerbaijan Republic the Order on August 31, 1999 No. 141

Instructions for use general communication network

I. General provisions

These rules are prepared based on the Law of the Azerbaijan Republic "About communication" and in pursuance of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About communication" of July 25, 1997 No. 624 and governs the relations of connection of the operators incoming general communication system to installations of communication irrespective of pattern of ownership and legal form.

These rules determine instructions for use general communication network and the basic principles of mutually activities between the operator of general communication network and other operators.

"Rules of connection of individual communication networks to general communication network" and "Instructions for use telephone communication" is component "Instructions for use general communication network".

1.1. In these rules the following terms are used:

Connection of one communication network to another - the organization of the mutual activities allowing to connect operators (users) of two communication networks and to transfer information.

The operator of communication network - the physical person or legal entity having the right to render communication services.

General communication network - the network consisting of network of electric public communication (telephone, cable, mobile, etc.) and open for use of all operators.

Traffic - set of the data transferred on communication networks. Transfer of traffic - information exchange between networks.

1.2. In the conditions of warlike and emergency state all communication networks are controlled the Ministry of Communications in centralized procedure in coordination with the Armed Forces of the Azerbaijan Republic, the headquarters of civil defense, state bodies which are responsible for elimination of effects of emergency states and natural disasters and also with other subjects having network of special communication.

During natural disasters and quarantines, and also other emergency states, stipulated by the legislation the Azerbaijan Republic, competent authorities of the government have exclusive right on legislatively established bases to use all networks and means of communication irrespective of legal form and pattern of ownership, and also to temporarily limit or stop activities of such communication networks.

1.3. Elimination of the misunderstanding arising between operators in case of the technical connection performed using these rules is solved, first of all, the Ministry of Communications.

Control of activities of the operators who are connected to general communication network is performed by the Ministry of Communications.

II. General requirements on use of general communication network

2.1. The telecom operators wishing to use opportunities of general communication network shall get according to the existing legislation special permission (license) in the Ministry of Communications. The operators who do not have such license are forbidden to use general communication network.

2.2. On the equipment which the operators who are connected to general communication network based on the law of the Azerbaijan Republic "About communication" use there shall be certificate.

2.3. For the purpose of development of general communication network the Ministry of Communications of the Azerbaijan Republic according to the Law of the Azerbaijan Republic "About communication" can deliver the special technical requirements directed to application of separate installations of communication, optimum mounting of general communication network, efficiency and safety of their activities.

In such cases the operators using network of general communication shall fulfill the delivered requirements.

2.4. The control center general communication network shall be under control of the Ministry of Communications, at the same time concerning the abnormal situations arising because of telecom operators during activities of network and management measures shall be taken by it.

2.5. Operation of the networks which are in use of telecom operators shall be performed according to requirements of rules of technical operation of the Ministry of Communications and recommendations of the International telecommunication Union.

2.6. Networks of telecom operators shall provide the requirements for conducting investigation and search operations established according to the legislation of the Azerbaijan Republic.

III. Reciprocal relationships when using of general communication network

3.1. The operator who obtained the license for communication services provision in official procedure addresses to the Ministry of Communications behind use of this network (connection to it). The copy of the license granted by the Ministry of Communications is attached to the address.

3.2. The Ministry of Communications considers the appeal of operator and within one month provides it the official answer. The initial answer contains connection specifications to general network.

The negative answer in provision of specifications for connection to general network can be appealed in court.

The negative answer is given in the following cases:

- in the absence of technical capabilities for connection to general communication network of other networks;

- in case of mismatch of the organization of reciprocal relationship between general communication network and other communication network to conditions of the granted license or normative and technical documents concerning installation of general network;

- if the services rendered by the operator of network who shall use general communication network (to be connected to it), create threat to interests, safety and defense capability of the state, safety of the population and ecology;

- if the operator connected to general communication network without the bases does not agree with conditions of the Ministry of Communications, refuses the conclusion of the agreement and violates conditions of the signed agreement;

- when using by the operator connected to general communication network, communication network in the illegal purposes, implementation of activities by it without license or violation of conditions of the license.

Each specific circumstance specified in the negative answer shall be motivated.

3.3. Connection conditions to general communication network and uses of it are established by the Ministry of Communications of the Azerbaijan Republic. Telecom operators shall be connected directly for traffic exchange between the networks according to the specifications established by the Ministry of Communications.

3.4. The operators connected to general communication network shall provide pro rata development of general communication network on all sections.

3.5. If the Ministry of Communications establishes mismatch in rules of connection to general communication network, then operators which will use general communication network, new specifications, at the same time payment of expenses are provided able to arise it is established according to the agreement signed between operators.

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