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

of February 10, 2009 No. 59

About approval of Rules of determination of losses from damage of network and means of telecommunications

(as amended on 16-11-2020)

It is approved

Committee of homeland security of the Republic of Kazakhstan

February 9, 2009

 

 

 

According to Item 1 of article 28 of the Law of the Republic of Kazakhstan "About communication", PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of losses from damage of network and means of telecommunications.

2. To telecom operators to develop techniques of determination of losses from damage (plunder) of network and means of telecommunications.

3. To department of communication of the Agency of the Republic of Kazakhstan on informatization and communication (Baymuratov A. E.) provide in the established legislation procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication in mass media.

4. To impose control of execution of this order on the Vice-chairman of the Agency of the Republic of Kazakhstan on informatization and communication Bishigayev A. D.

5. This order becomes effective from the date of official publication.

Chairman

K. Esekeev

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on informatization and communication of February 10, 2009 No. 59

Rules of determination of losses from damage of network and means of telecommunications

Chapter 1. General provisions

1. These rules of determination of losses from damage of network and means of telecommunications (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About communication".

2. Rules determine procedure for determination of losses of telecom operators from damage of their network and means of telecommunications.

3. Rules extend to all legal entities and physical persons which actions led to damage of network and means of telecommunications of telecom operators.

4. In these rules the following concepts are used:

1) authorized body - the central executive body determined by the Government of the Republic of Kazakhstan, 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;

2) 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;

3) damage of network and means of telecommunications - the network condition and means of telecommunications which is not corresponding to the set technical parameters including lack of opportunity to render to the telecom operator services of telecommunications, with observance of the set quality parameters;

4) network of telecommunications - the set of means of the telecommunications and communication lines providing transmission of messages of telecommunications, consisting of the switching equipment (the stations, substations, hubs), linearly - cable constructions (subscriber lines, trunk lines and communication links), transmission systems and subscriber devices;

5) 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.

Other concepts and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for determination of losses from damage of network and means of telecommunications

5. In case of damage (plunder) of network and means of telecommunications, the representative of territorial subdivision of authorized body together with the representative of the telecom operator under which authority the damaged networks and means of telecommunications are draw up the statement of damage of network and means of telecommunications in which are reflected:

1) date and place of creation of the act;

2) surnames, names and middle names of persons who are drawing up the statement;

2-1) names of the telecom operator and its postal address;

3) data on nature of damages (plunders) of network and means of telecommunications;

4) signatures of persons who were drawing up the statement.

At the same time, if damage (plunder) of network and means of telecommunications happened in time off, night time, days off, holidays which require operational emergency recovery operations, then the telecom operator makes photography of the place of damage, and also the panoramic photography including the name of nearby objects (construction, the building, the house or features of location), the damages and the description of nature of damages (plunders) of network and means of telecommunications which are visually identifying the place. Photos and the description of nature of damages (plunders) are transferred to the relevant territorial subdivision of authorized body.

The territorial subdivision of authorized body based on the provided materials draws up the statement of damage (plunder) of network and means of telecommunications and attaches to it the corresponding photos.

6. In case of the address the made damage (plunder) of network and means of telecommunications is applied by the telecom operator in law enforcement agencies for establishment of persons the act of damage.

7. The size of loss is determined by the telecom operator based on technique of determination of losses from damage (plunder) of network and means of telecommunications as cost amount of the telecom operator on recovery of the damaged networks and means of telecommunications, and the amounts of loss of the tariff income in result of idle time of network and means of telecommunications, and also the amounts of claims from subscribers, the physical persons and legal entities which were affected by damage (plunder) of network and means of telecommunications.

8. Costs for recovery of the damaged network and means of telecommunications are documented (the job specification/contract for accomplishment of rescue and recovery operations, receipts on purchase of materials).

9. Calculation of loss of the tariff income of damage of network and the means of telecommunications which are not received for the period is conducted taking into account the rates for services of the telecom operator operating at the time of damage of network, duration of damage, average hourly load of the network and means of telecommunications considering uneven nature load distribution within a day.

 

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