THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON INFORMATIZATION AND COMMUNICATION

of July 12, 2004 No. 145-p

About approval of Rules of accession of networks of telecommunications to network of telecommunications of general use and regulation of traffic transmission on network of telecommunications public of the Republic of Kazakhstan

List of amending documents

In pursuance of the subitem 19) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About communication" I ORDER:

1. Approve the enclosed Rules of accession of networks of telecommunications to network of telecommunications of general use and regulation of traffic transmission on network of telecommunications public of the Republic of Kazakhstan.

2. To department of state policy in the field of communication and financial regulation (Seytimbekov A. A.) provide in accordance with the established procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-chairman Orazalinov D. S.

4. This order becomes effective from the moment of state registration in the Ministry of Justice of the Republic of Kazakhstan and is subject to publication.

 

Chairman

B. B. Kaneshev

It is approved: Acting Chairman of the Agency of the Republic Kazakhstan on regulation of natural monopolies and protection of the competition July 17, 2004

Approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on informatization and communication of July 12, 2004 No. 145-p "About approval of Rules of accession of networks of telecommunications to network of telecommunications of general use and regulation of traffic transmission on network of telecommunications public of the Republic of Kazakhstan"

Rules of accession of networks of telecommunications to network of telecommunications of general use and regulation of traffic transmission on network of telecommunications public of the Republic of Kazakhstan

1. General provisions

1. These rules of accession of networks of telecommunications to network of telecommunications of general use and regulation of traffic transmission on network of telecommunications public of the Republic of Kazakhstan (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About communication" (further - the Law), regulate interaction of telecom operators and owners of the networks constituting single network of telecommunications of the Republic of Kazakhstan and determine:

1) conditions and procedure for accession of networks of telecommunications, (fixed and mobile);

2) organizational and technical interaction of telecom operators and owners of the attached networks of telecommunications;

3) procedure for traffic transmission on network of telecommunications public of the Republic of Kazakhstan (further - STOP);

4) procedure for carrying out settlement for mutual use of network resources and traffic transmission.

2. The organization of interaction of telecom operators and owners of networks of telecommunications is performed according to the legislation of the Republic of Kazakhstan, these rules, other regulatory legal acts.

3. These rules provide procedure for organizational and technical interaction between:

1) telecom operators of the fixed networks with each other and the fixed networks with mobile, having accession to FEET;

2) owners of departmental, special, corporate networks of telecommunications when implementing accession them to each other if at least one of the interacting networks has accession to FEET;

3) owners of departmental, special, corporate networks of telecommunications and telecom operators of mobile networks of telecommunications if the last have accession to FEET.

4. Requirements under the terms and to procedure for accession, traffic transmission, interaction and carrying out the settlement stated in these rules extend to owners of departmental, special and corporate networks of the telecommunications having accession to FEET.

Features of joining of owners of networks of telecommunications are stated in annexes 1, of 2, 3 and 4 to these rules.

5. Legal relationship and organizational and technical interaction between telecom operators, operators and owners of networks and procedure for carrying out settlement it is regulated by the agreement of accession of networks of telecommunications (further - the Agreement of accession) signed between them according to the civil legislation of the Republic of Kazakhstan.

6. In these rules, except the concepts used in the Law the following is applied:

1) the owner of network of telecommunications - physical person or legal entity which possesses part of network of telecommunications public and (or) the corresponding category of single network of telecommunications (further - the owner of network);

2) traffic units - second, minute of telephone connection or Kb of information transferred on network of telecommunications;

3) it is excluded

4) IP network - network with package switching based on the IP protocol;

5) the IP telephony is service in provision of telephone communication and transfer of facsimile messages in real time by means of the IP protocol;

6) the router - the hardware and software providing the choice of one of several ways of transfer of network traffic;

7) mini-automatic telephone exchanges - automatic telephone exchanges (further - automatic telephone exchange) reservoir no more than 128 numbers;

8) loading - total time of occupation of exits of switching system in case of receipt of flow of challenges in the set time interval;

8-1) VoIP operator - the telecom operator providing services of telephone communication and in transfer of facsimile messages in real time (including by pre-paid cards), using technology based on the IP protocol allowing to use IP networks;

8-2) operator of local telephone communication - the operator of fixed telephony rendering services of local telephone communication;

9) mobile network - network of telecommunications which terminal terminals do not take territorially fixed location;

9-1) user of the IP telephony - the subscriber or other user of network of telecommunications to whom services of telephone and fax connection using technology based on the IP protocol are provided;

10) prefix - the identifier consisting of one or combinations of figures and signs which perform the choice of different formats of number, networks and (or) services;

11) accession at the local level - accession of one network of telecommunications to another in case of which the attached network (fragment of network) joins in the plan of numbering of the local network performing accession;

12) accession at the intra-zone level - accession of one network of telecommunications to another, in case of which the attached network is connected to automatic long-distance telephone exchange (further - AMTS), the attaching network with assignment of the attached network of intra-zone code of numbering "ab";

13) accession at the long-distance level - accession of one network of telecommunications to another in case of which the attached network becomes zone of numbering of the attaching network or if the DEF code is allocated to the attached network the attached network is connected to long-distance transit node (further - MSTU) or AMTS of the attaching network;

14) accession at the international level - the organization of interaction of networks of telecommunications of operators of long distance and international telecommunication, international telecommunication through the international centers of switching (further - MTsK);

15) the service provider - the operator who does not have own network of telecommunications and providing services of access to networks and services of other telecom operators;

16) settlement rates - the price (rate) providing compensation of economically reasonable costs and profit calculated on the basis of revenues yielded separate accounting, costs and the involved assets, or data of the economic analysis and the financial reporting, the including cost of provision and servicing of the technical means and constructions providing traffic transmission on network of telecommunications at certain stage of engineering procedure according to the procedure and the sizes established by the legislation of the Republic of Kazakhstan;

17) traffic transmission regulation - establishment of rules by which these or those methods and ways of traffic transmission on networks of telecommunications and between them are chosen (or are excluded);

18) Rules of creation of system and the plan of numbering on networks of telecommunications of the Republic of Kazakhstan - the normative and technical document determining technical (technological) creation of single network of telecommunications of the Republic of Kazakhstan taking into account implementation of perspective means of communication, including new communication services;

19) network of information transfer by means of electromagnetic signals - set of nodes of switching and channels of the telecommunications intended for the organization of exchange of information between users of network, access to information resources and interactions of information resources;

20) system of clock network synchronization (further - TSS) complex of the technical means providing with synchronization signals all elements of digital network of telecommunications;

21) the connecting line - complex of the technical means including the physical line on all extent from network of one operator to network of another, and also part of the station equipment of the operator of the attached and attaching networks ensuring functioning of this line;

22) the terminal - the terminal subscriber device;

23) point of accession (connection) - the place (port) where accession of one network to another is physically performed;

24) accession level - the level of network determined by hierarchy of the attaching network of telecommunications;

25) the fixed network - network of telecommunications which terminal terminals take territorially fixed location.

26) the attaching operator - the telecom operator of FEET attaching networks of other telecom operators to the network according to their address, at the local, intra-zone, long-distance and international levels;

27) the attached operator - the telecom operator addressing the telecom operator of FEET, with the offer on accession of the network to FEET at the local, intra-zone, long-distance and international levels;

28) accession of one network of telecommunications (means of communication) to another - the organization of technological interaction between two networks of telecommunications, including networks of telecommunications of operators of long distance and (or) international telecommunication in case of which there are possible establishment of connection and information transfer between users communication services of these networks;

29) network of telecommunications of the operator of long distance and international telecommunication (HUNDRED-MMS) - the network of telecommunications of the telecom operator of FEET meeting the established requirements of authorized body, intended for transfer of long-distance and international traffic at appropriate levels of network for the purpose of communication provision of services;

30) standard point of accession (connection) - the means of telecommunications intended for accession of one network to another with use of standard specifications and according to the standard agreement of accession.

2. Organizational and technical interaction of telecom operators, owners of networks in the course of accession of networks to FEET

1. Stages of organizational and technical interaction

7. Organizational and technical interaction includes two stages.

The first stage - interaction in the course of accession of networks includes the solution of the following questions:

1) obtaining by the attached operator (the owner of network) at the attaching operator of the standard specifications on accession which are drawn up according to Appendix 4-1 and the draft agreement of accession.

The attaching operator, in case of technical capability, in time no more than thirty days if accession is performed within one zone of numbering, and no more than sixty days, in case of simultaneous accession in different zones of numbering issues specifications with indication of the specific actions necessary for accession accomplishment, and provides technical capability of connection to standard point of accession (connection).

In case of request for laying of cable in the telephone sewerage for the purposes of accession the owner of the cable (telephone) sewerage, in the absence of technical capability, specifies in specifications what actions it is necessary to execute to eliminate obstacle for laying of cable;

2) development by the attached operator (the owner of network) of the design estimates on accession;

3) realization by the attached operator (the owner of network) of the project on accession and (or) accomplishment of specifications.

From the moment of signing of the Act of the satisfied specifications, the telecom operators (the owner of network) by agreement attaching and attached in time no more than three days sign the Agreement of accession.

The refusal of the dominating telecom operator of the conclusion of the agreement of accession is not allowed;

4) accession of networks in the test mode.

Completion of the first stage is signing of the Act of the satisfied specifications, the Act of readiness for accession of network based on successful testing, and also the Agreement of accession.

The second stage - interaction in the course of provision of services of telecommunications after implementation of accession of networks, including the solution of the following questions:

5) interaction in case of provision of services;

6) organization of traffic transmission;

7) quality assurance of the provided services;

8) carrying out settlement for the provided services and the omission of the entering, outgoing and transit traffic.

2. The general requirements imposed to the networks of telecommunications attached to FEET

8. The networks of telecommunications attached to FEET are considered as components of FEET from the technological point of view and by rules of provision of services.

9. To FEET all telecom operators and owners of networks according to the legislation of the Republic of Kazakhstan have the right to accession of the networks.

10. Accession of one network to another is performed according to the procedure, provided in Item 7 of these rules, and interaction is performed based on agreements between attaching and attached by operators, owners of networks.

11. Owners of the networks attached to FEET, the having channels on network of telecommunications of foreign partners cannot use them for traffic transmission on operators of FEET.

12. Telecom operators of the allocated networks are forbidden to organize traffic transmission with use of serial numbers, panels of operators, any other equipment which is switched on at the same time in STOP and the allocated networks.

In case of interface of the allocated networks from FEET they turn into category of network public. Distribution and use of the ab codes and indexes of automatic telephone exchange to them is performed according to these rules, and accession is made depending on conditions of again granted license.

13. On the attached networks requirements are fulfilled:

1) on ensuring reliability and controllability with communication taking into account network technological features on the basis of the single standards existing in the territory of the Republic of Kazakhstan;

2) on ensuring stability and information security, functions of investigation and search operations, works in the conditions of emergency situations on communication recovery according to the procedure, determined by the legislation of the Republic of Kazakhstan;

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