ORDER OF THE MINISTER OF CULTURE AND INFORMATION OF THE REPUBLIC OF KAZAKHSTAN

of September 5, 2024 No. 408-HK

About approval of Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

According to the subitem 2) of article 7 of the Law of the Republic of Kazakhstan "About mass media", with the subitem 18) of Item 15 of the Regulations on the Ministry of Culture and information of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 866, I ORDER:

1. Approve Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator 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 after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Culture and Information of the Republic of Kazakhstan of September 5, 2024 No. 408-HK

Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

Chapter 1. General provisions

1. These rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting (further - Rules), are developed according to the subitem 2) of article 7 of the Law of the Republic of Kazakhstan "About mass media", with the subitem 18) of Item 15 of the Regulations on the Ministry of Culture and information of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 866, and determine procedure for carrying out tender by forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting (further - tender).

2. Consideration of bids in form according to appendix 1 to these rules (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).

Chapter 2. Procedure for carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

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

4. Forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting (further - the list), is performed depending on the circle of distribution of multichannel broadcasting (digital on-air, satellite TV and radio broadcasting).

Forming of the list is performed at least once in three years.

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

6. The information message includes the following data:

1) time, date and venue of tender;

2) data on radio television stations with indication of the name of settlements (territory);

3) place, terms of the beginning and end of order taking.

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

Person performing order taking enters withdrawal of the request of applicants to the log of registration.

The requests and competitive offers according to appendix 2 to these rules which arrived after response are not accepted.

8. Application by the representative of the applicant is performed in case of presentation of the power of attorney certifying its right to act on behalf of the applicant of the Republic of Kazakhstan which is drawn up according to the Civil code.

9. The requests and competitive offers which arrived after the expiration of the order taking specified in the information message are not accepted.

The mark about failure in adoption of the request becomes person performing order taking on the submitted request.

10. The organizer takes measures for ensuring safety of the requests submitted by applicants and competitive offers attached to them, and also confidentiality of information about persons who submitted applications, and contents of the competitive offers provided by them.

11. The request and competitive offers are presented by the applicant to the Organizer 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 order taking enters 2) to the log of registration of the requests which provided before the expiration of fixed term envelopes with requests.

12. 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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