I.O'S ORDER. MINISTER OF CULTURE AND INFORMATION OF THE REPUBLIC OF KAZAKHSTAN

of August 20, 2024 No. 364-HK

About approval of Rules for apportionment of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting

According to Item 1 of article 55 of the Law of the Republic of Kazakhstan "About mass media" PRIKAZYVAYU:

1. Approve Rules for apportionment of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting according to appendix 1 to this order.

2. Recognize invalid some orders according to appendix 2 to this order.

3. To provide to committee of information of the Ministry of Culture and information of the Republic of Kazakhstan in the procedure established by the legislation 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 Culture and information 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 Culture and information of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Culture and Information of the Republic of Kazakhstan.

5. This order becomes effective since August 20, 2024 and is subject to official publication.

Appendix 1

to the Order of the acting minister of culture and information of the Republic of Kazakhstan of August 20, 2024 No. 364-HK

Rules for apportionment of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting

Chapter 1. General provisions

1. These rules of distribution of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting (further - Rules) are developed according to Item 1 of article 55 of the Law of the Republic of Kazakhstan "About mass media" and determine procedure for distribution of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting.

2. Distribution of bands, frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting is performed among physical persons and legal entities (further - applicants).

3. Distribution of bands, frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting is performed on competitive basis.

Chapter 2. Procedure for carrying out tender

4. Consideration of bids on distribution of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting (further - the request) and development of recommendations about determination of winners is performed by the Commission on questions of development of TV and radio broadcasting (further - the Commission) created under authorized body in the field of mass media (further - authorized body).

5. The authorized body which is working body of the Commission acts as the organizer of carrying out tender (further - the Organizer).

6. The information message about carrying out tender (further - the information message) is published in official mass media and on official Internet resource of the Organizer at least in twenty calendar days prior to day of final order taking.

7. The information message includes the following data:

1) time, date and venue of tender;

2) data on bands of frequencies, radio frequencies (radio-frequency channels) selected for the purposes of TV and radio broadcasting and conditions of their use with indication of the name of settlements (territory);

3) the place of order taking and receipt of documents, technical, financial and other conditions on use of specific nominal of frequency and other additional information about tender, terms of the beginning and the end of order taking and the list of the documents necessary for participation in tender.

8. The applicants who timely submitted the application and submitted documents according to these rules are allowed to participation in tender.

9. In case of withdrawal of the registered request the applicant sends the written notice to the Organizer.

10. Application by the representative of the applicant is performed in case of presentation of the power of attorney which is drawn up according to the Civil code of the Republic of Kazakhstan.

11. Requests and the list of documents attached to them, the expirations of the order taking specified in the information message which arrived later are not accepted.

The mark about failure in adoption of the request with indication of its reason is carried out by person performing documents acceptance on the submitted documents.

12. The organizer takes measures for ensuring safety of the requests submitted by applicants and the list of documents attached to them, and also confidentiality of information about persons who submitted applications, and contents of the documents submitted by them.

13. For participation in tender the applicant submits to the Organizer the bid on distribution of bands of frequencies, radio frequencies (radio-frequency channels) for the purposes of TV and radio broadcasting in form according to appendix 1 to these rules.

14. The list of documents according to appendix 2 to these rules is attached to the request.

15. The request in form according to appendix 1 and the list of documents according to appendix 2 to these rules, is presented by the applicant in the stitched form with the numbered pages, and the last page is certified it by the sign and seal (in the presence) of sealed envelope, including:

1) on the face of sealed envelope with the request the applicant specifies full name and the postal address of the Organizer and applicant;

Person performing documents acceptance enters 2) to the log of registration of the request of the applicants who provided before the expiration of fixed term envelopes with requests.

16. The commission opens envelopes with requests in the terms and the place specified in the information message in the presence of applicants or their representatives.

Prior to commission session the secretary of the Commission checks documentary drawn up powers of representatives of applicants for representation of interests of applicants to implementation of the procedure of opening of envelopes with requests.

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