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

of May 31, 2023 No. 129/Tax Code

About approval of Rules of investment of funds of telecommunications on support of joint use

According to subitem 19-21) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About communication" PRIKAZYVAYU:

1. Approve the enclosed Rules of investment of funds of telecommunications on support of joint use.

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

1) in the procedure established by the legislation 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

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 May 31, 2023 No. 129/Tax Code

Rules of investment of funds of telecommunications on support of joint use

Chapter 1. General provisions

1. These rules of investment of funds of telecommunications on support of joint use (further – Rules) are developed according to subitem 19-21) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About communication" (further – the Law) and determine procedure for investment of funds of telecommunications on support of joint use.

2. Action of these rules extends to telecom operators, the placing means of telecommunications on support of joint use.

3. The basic concepts used in these rules:

1) 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;

2) support of joint use – the communication construction intended for simultaneous investment of funds of telecommunications and (or) other objects of engineering infrastructure, devices of information assignment;

3) construction - artificially created three-dimensional, plane or linear object (land, surface and (or) underground, underwater) having natural or artificial space borders and intended for accomplishment of production processes, placement and storage of material values or temporary stay (movement) of people, loads, and also placement (laying, posting) the equipment or communications. The construction can also have art and esthetic, arts and crafts or memorial assignment;

4) means of telecommunications (means of communication) - the technical devices, the equipment, systems and software allowing to create, transfer, accept, to store, process, switch electromagnetic or optical signals or to manage them.

4. Telecom operators place means of telecommunications on the operating constructions, and also by replacement operating constructions on support of joint use.

Chapter 2. Procedure for investment of funds of telecommunications on support of joint use

5. Telecom operators for investment of funds of telecommunications on support of joint use file the written application to the owner of construction.

The owner of construction after receipt of such statement has the right to direct the written answer.

6. In case of consent to investment of funds of telecommunications on support of joint use, the owner of construction provides terms of the contract and technical requirements.

7. In case of failure in investment of funds of telecommunications, the owner of construction has if technically possible the right to offer the alternative offer for investment of funds of telecommunications on support of joint use.

8. Technical requirements and conditions of investment of funds of telecommunications on support of joint use, including condition of joint operation, rescue and recovery operations, are provided by the agreement.

9. In case of investment of funds of telecommunications on support of joint use by the telecom operator and (or) the contractor technical parameters, climatic and environment of the area, and also the requirement for safe engineering, including grounding of the device and lightning protection of constructions are considered.

Telecom operators based on the agreement can share objects of engineering infrastructure, support of joint use, other means of telecommunications and communication network according to Item 4-3 of article 29 of the Law of the Republic of Kazakhstan "About communication".

10. In case of construction and reconstruction of the power lines, radio stations and objects radiating electromagnetic energy the negative impact on means of telecommunications is considered and the requirements provided by the order of the Minister of investments and development of the Republic of Kazakhstan of December 24, 2014 No. 281 "About approval of Rules of protection of networks of telecommunications in the Republic of Kazakhstan" are observed (it is registered in the Register of state registration of regulatory legal acts No. 10483).

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