ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of July 28, 2023 No. 289/Tax Code

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 and the list of universal communication services

According to subitem 1-1) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About communication" and the subitem 100) Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501 "About measures for implementation of the Presidential decree of the Republic of Kazakhstan of June 17, 2019 No. 24 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan, PRIKAZYVAYU:

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. To provide to committee of telecommunications of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of July 28, 2023 No. 289/Tax Code

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, requirements to telecom operators on rendering universal communication services, the list of universal communication services (further – Rules), are developed according to the laws of the Republic of Kazakhstan "About communication", "About mail" and determine procedure for carrying out tender by determination of operators of universal servicing, including the calculation of the size of subsidies and procedure for assignment by authorized body 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 obligations on rendering universal services on telecom operators (further - Authorized body).

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

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 and approved by authorized body, 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 physical person or legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services and (or) operating communication networks.

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

4. As the organizer of tender by determination of the operator of universal servicing the authorized body acts (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 in the 4th quarter of the year preceding year of rendering universal communication services to which to participation telecom operators are allowed.

The telecom operator and its affiliate do not 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;

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