of November 17, 2017 No. 754
About approval of the Regulations on licensing of activities for use of radio-frequency range
For the purpose of operational use of radio-frequency range of the Kyrgyz Republic, according to article 10 of the Law of the Kyrgyz Republic "About electric and mail service, article 98 of the Code of the Kyrgyz Republic about the non-tax income", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Approve Regulations on licensing of activities for use of radio-frequency range according to appendix.
2. To the state communication agency under the State committee of information technologies and communication of the Kyrgyz Republic to post on the official site information on tendering on use of radio-frequency range in the range 1800 MHz.
3. This Resolution becomes effective after fifteen days from the date of official publication, except for Item 2 of this Resolution which becomes effective from the date of official publication.
4. This Resolution is subject to official publication.
Prime Minister of the Kyrgyz Republic
S. Isakov
Appendix
Approved by the Order of the Government of the Kyrgyz Republic of November 17, 2017 No. 754
1. This Regulations on licensing of activities for use of radio-frequency range (further - the Provision) regulate procedure for issue, renewal, suspension, renewal and cancellation of licenses to use of radio-frequency range and (or) permission to frequency assignment to the right of operation of radio-electronic means by authorized state body on communication.
2. Physical persons or legal entities, irrespective of legal forms and patterns of ownership, shown willingness to use radio-frequency range, shall obtain the corresponding licenses to use of radio-frequency range and (or) permission to frequency assignment to the right of operation of the radio-electronic means, except as specified, specified in items 4 and the 5th this provision.
3. Licensor in the field of licensing of radio-frequency range is the authorized state body on communication (further - the Licensor) which grants licenses for activities for use of radio-frequency range (further - the license) and permissions to frequency assignment to the right of operation of radio-electronic means (further - permission).
4. The physical persons or legal entities using radio-frequency range for the production non-commercial purposes (which are not connected with rendering services in the field of telecommunication, data transmission, TV and radio broadcasting and also radio amateur and radio amateur satellite communication), including operation of radio relay stations are exempted from receipt of the license to use of radio-frequency range.
5. Receipt of the permissions to operate of the radio-electronic means of low power intended for the purposes of exchange of information or management, working with output capacity less than 100 MW is not required, the level of collateral radiations shall not be more value 56+101og (P) or 40 dbn, depending on what value conforms to less strict requirements specified in appendix 10 to this Provision.
Receipt of permissions to operate of radio-electronic means of systems of wireless access of the WI-FI standard in all territory of the Kyrgyz Republic without use of portable antennas is not required.
6. Licenses and (or) permissions differ on the following signs:
1) on action time - temporary:
- the permissions issued for the term of at least 5 years and no more than 15 years;
- the licenses granted for the term of at least 10 years by results of the biddings (tender, auction);
- the permissions issued within the license for the term which is not exceeding license effective period;
2) on territorial coverage:
- the licenses existing in all territory of the Kyrgyz Republic or in certain territory of the Kyrgyz Republic;
- the permissions issued for specific Item of installation;
3) on alienability:
- alienated - licenses or licenses with the permissions issued within the alienable license;
- inaliennable - permissions, licenses granted without obtaining.
7. Transfer of the license and (or) permission to other legal entity or physical person for activities implementation is forbidden.
8. In the license are specified:
- the name of the licensing body;
- the full and abbreviated name (if is available), including trade name, and form of business of the legal entity;
- surname, name, middle name of physical person or individual entrepreneur;
- the licensed type of activity;
- license effective period;
- date of primary issue;
- date of renewal, with indication of the renewal basis (number and date of the decision);
- expiry date of the license;
- registration license number;
- identification taxpayer number or personal identification number;
- position, surname, name, middle name and the signature of person who granted the license.
Nominals and (or) strips, width of strip of radio frequencies, the territory of use of radio-frequency range are specified in the decision of the Licensor on licensing.
9. In permission it is specified:
- the name of the licensing body;
- the full and abbreviated name (if is available), including trade name, and form of business of the legal entity, owner of radio station;
- surname, name, middle name of physical person or individual entrepreneur, owner of radio station;
- type of service and registration number of permission;
- obtaining basis (issue or renewal);
- use basis (primary or secondary);
- use purposes (commercial or production non-commercial);
- number and date of the license;
- identification taxpayer number or personal identification number;
- strips and (or) nominals of radio frequencies, or radio channels;
- Item (place) of installation of radio-electronic means;
- technical characteristics for use of radio-electronic means;
- date of issue of permission;
- expiry date of permission;
- position, surname, name, middle name and the signature of person which issued permission.
10. Permission is issued taking into account the used technology.
11. Forming of registration number by the Licensor is made as follows:
- the license number consists of two last figures of year and sequence number of the register of the granted licenses of the Licensor;
- number of permission consists of the capital Latin letters designating radio service, appropriated according to the Method of calculation of the annual payment for use of nominals and (or) strips of radio frequencies approved by the Cabinet of Ministers of the Kyrgyz Republic, and sequence number according to the register of the issued permissions.
12. Forms of licenses and (or) permissions are made by typographical method, have security degree, accounting series and number. Forms of licenses and (or) permissions are documents of strict accounting. Production, accounting and storage of forms of licenses and (or) permissions are performed by the Licensor.
13. Licenses and permissions to the right of operation of radio-electronic means are issued in the form specified in appendices 1-4 to this Provision respectively.
14. The license to use of radio-frequency range allows to use radio-frequency range for use of different technologies. In case of intention to implement other technologies, the licensee addresses the Licensor for the purpose of carrying out the analysis of electromagnetic compatibility. In case of the positive conclusion of electromagnetic compatibility the licensee has the right to use the declared technology, and without fail makes corresponding changes to the explanatory note and topology.
15. In case of loss, spoil of the license to use of radio-frequency range and (or) permission the licensee gets the duplicate of the license and (or) permissions based on the written application directed to the Licensor. The damaged form of the license and (or) permission is attached to the statement, in case of spoil of the license and (or) permission.
16. The lost, damaged forms of the license and (or) permission are considered invalid from the date of receipt of the statement by the licensee.
17. The licensor within three working days from the date of filing of application makes issue of the duplicate of the license and (or) permission with text "Duplicate" in the right upper corner of the form of the license or permission.
18. The licensee has the right to appeal the decision of the Licensor on refusal in issue of the duplicate of the license and (or) permission according to the legislation of the Kyrgyz Republic on bases of administrative activities and ministerial procedures.
19. In case of issue, renewal of the license and (or) permission and issue of the duplicate of the license and (or) permission the state fee according to the legislation of the Kyrgyz Republic on the non-tax income, except as specified tenderings (tender, auction) is collected.
20. For receipt of the license to use of radio-frequency range the applicant represents or sends to the Licensor, including by means of information technologies, the following documents:
- on condition of receipt of the license by results of the held auction (tender, auction):
the application on the receipt of the license in form according to appendix 5 to this Provision submitted within 7 (seven) working days from the date of completion of the biddings (tender, auction);
the document, confirmatory that the applicant is winning bidder (tender, auction);
the copy of the document confirming introduction in full of the sum of cost of the license determined by the biddings;
topology (organization) of network representing schematical display of connection of elements of network and their arrangement according to the applied technology;
the explanatory note with the description of appointment and use of the declared radio-frequency resource;
- without tendering, except as specified, provided by Chapter 20 of this provision:
the statement on receipt of the license in form according to appendix 5 to this Provision;
the copy of the identity document, - for physical person;
the copy of the certificate on state registration - for the legal entity and the individual entrepreneur;
the copy of the document confirming introduction of the state fee for consideration of the application and licensing;
the copy of the document confirming assignment to the applicant of tax ID number of the taxpayer in case of receipt of the registration certificate of the legal entity before introduction of the principle of "single window" when passing registration of legal entities;
for legal entities - data on bank details, in the presence;
the explanatory note in which data on appointment and nature of the planned radio network or the radio line, the used standards and protocols, technical characteristics of the radio-electronic means and/or high-frequency devices planned to application are in detail stated is provided topology (organization) of network;
the project of creation of space system in case of use of radio-frequency range for space systems of different function;
the documents confirming intention about allocation of specific frequency resource at the space station for creation of satellite networks with use of the declared land stations of satellite communication;
the copy of the document on results of the matching of radio frequencies including data on carrying out the analysis of electromagnetic compatibility, the conclusion about results of the international coordination (in case of need), interdepartmental approval and radio monitoring according to cards of operational specifications (appendix 11-18), allowing to use radio-frequency resource which effective period did not expire at the time of giving. Do not need provision of this document the licensees having the operating permissions to the moment of submission of documents for receipt of the license to use of radio-frequency range under condition if the required license keeps nominals and/or strips of radio frequencies, the territory specified in permission.
21. For receipt of permission within the granted license, except as specified, provided by Chapter 20 of this provision, the applicant represents or sends to the Licensor, including by means of information technologies, the following documents:
- the statement for receipt of permission in form according to appendix 6 to this Provision;
- the copy of the document confirming introduction of the state fee for issue of permission;
- the copy of the document on results of matching of the radio frequencies including data on carrying out the analysis of electromagnetic compatibility, the conclusion about results international (in case of need), interdepartmental approval and radio monitoring according to cards of operational specifications (appendix 11-18), allowing to use radio-frequency resource which effective period did not expire at the time of giving.
22. For receipt of permission for realization of production non-commercial purposes the applicant represents or sends to the Licensor, including by means of information technologies, the following documents:
- the statement for receipt of permission in form according to appendix 6 to this Provision;
- the copy of the document on results of the matching of radio frequencies including data on carrying out the analysis of electromagnetic compatibility, the conclusion about results international (in case of need), interdepartmental approval and radio monitoring (in case of need) according to the given cards of operational specifications (appendix 11-18), allowing to use radio-frequency resource which effective period did not expire at the time of giving;
- the copy of the document confirming introduction of the state fee for issue of permission;
in case of primary receipt of permission:
- the copy of the identity document, - for physical person, the copy of the certificate on state registration (re-registration) - for the legal entity and the individual entrepreneur;
- the copy of the document on appointment of the head to position;
- identification taxpayer number.
23. The documents specified in Items 20-22 of this provision are provided by the applicant in the state or official languages, shall be stitched and numbered.
24. The documents specified in Items 20-22 of this provision are transmitted by diplomatic representations and consular establishments of foreign states and representative offices of the international organizations to the Licensor through authorized state body in the field of foreign affairs of the Kyrgyz Republic.
25. The documents submitted by foreign persons shall be legalized or apostilled by competent authority of the state in which they were made.
26. In case of the request of the applicant for receipt of the license and (or) permission by means of information technologies the applicant fills in the application form of the established form on the website of the Licensor and at the same time attaches the scanned originals of documents provided by this Article in electronic format. In this case the applicant receives confirmation about adoption of documents, with indication of acceptance date of the statement and the list of the submitted documents in electronic format.
27. The applicant can address the Licensor about issue of the electronic license and (or) permission, having specified about it in the statement.
28. Licenses to use of radio-frequency range can be granted or by results of the held auction (tender, auction) on condition of commercial attractiveness, or according to the statement. Conditions to tendering (tender, auction) affirm the order of the Licensor.
29. Commercially attractive radio-frequency resource which is subject to realization from the biddings is determined by the legal decision of State commission of the Kyrgyz Republic by radio frequencies, proceeding from services, nominals and/or strips of the radio frequencies specified in the table 1 of appendix 9 to this Provision, according to the procedure, established by Chapter 18 of this provision.
30. The license is granted based on the statement, without tendering in case the radio-frequency resource is held for use state bodies, the state teleradio organizations, operators of telecommunication for broadcast of the state TV and radio broadcasting, and also in cases when radio frequencies can be allocated without tendering only in the presence of the relevant decision of State commission of the Kyrgyz Republic on radio frequencies.
31. Licensing by results of the biddings is performed without removal of question at consideration of the licensed commission which structure affirms the Licensor. The decision on licensing is made by the Licensor within 3 (three) working days after provision by the winner of the documents established by the subitem 1 of Item 20 of this provision.
32. Permissions within the obtained licenses are granted on effective period licenses.
33. Permissions can be issued on secondary or primary basis which is determined by analysis results of electromagnetic compatibility, interdepartmental approval, international coordination, radio monitoring. Permission on secondary basis can be issued also in case of failure to complete of the international coordination (except for services of broadcasting). Permissions to repeaters (GSM, UMTS, LTE) in the enclosed space are issued based on the carried-out analysis of electromagnetic compatibility, interdepartmental approval, radio control and do not require the international approval.
34. Permissions to radio relay flights are issued taking into account the duplex rating approved by the Licensor.
35. The licensor makes the decision on licensing and (or) permissions no later than 30 calendar days from the date of submission of all necessary documents for their obtaining, except for the license granted by results of the biddings (tender, auction). The decision is made in the form of the order of the Licensor.
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