ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 14, 2009 No. 514

About approval of Regulations of the prices (rates) for services of provision of lines and communication links, channels in the cable sewerage and the areas necessary for placement of technical means for needs of authorized state bodies, Service of the state protection (except for needs of presidential communication), bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan, and also the operator of information and communication infrastructure of "the electronic government"

According to item 4 of article 23 of the Law of the Republic "About communication" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Regulations of the prices (rates) for services of provision of lines and communication links, channels in the cable sewerage and the areas necessary for placement of technical means for needs of authorized state bodies, Service of the state protection (except for needs of presidential communication), bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan, and also the operator of information and communication infrastructure of "the electronic government".

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of April 14, 2009 No. 514

Regulations of the prices (rates) for services of provision of lines and communication links, channels in the cable sewerage and the areas necessary for placement of technical means for needs of authorized state bodies, Service of the state protection (except for needs of presidential communication), bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan, and also the operator of information and communication infrastructure of "the electronic government"

1. General provisions

1. These rules of price regulation (rates) for services of provision of lines and communication links, channels in the cable sewerage and the areas necessary for placement of technical means for needs of authorized state bodies, Service of the state protection (except for needs of presidential communication), bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan, and also the operator of information and communication infrastructure of "the electronic government" (further - Rules), are developed according to item 4 of article 23 of the Law of the Republic of Kazakhstan "About communication".

2. These rules determine procedure for price regulation (rates) for services of provision of lines and communication links, channels in the cable sewerage and the areas necessary for placement of technical means (further - services) for needs of authorized state bodies, Service of the state protection (except for needs of presidential communication), bodies of military management, homeland security and internal affairs of the Republic of Kazakhstan, and also the operator of information and communication infrastructure of "the electronic government" determined according to appendix 1 to these rules.

3. Rules extend to the telecom operators (further - Operator) rendering services according to appendix 2 to these rules.

4. In these rules the following concepts are used:

1) regulated base of assets - asset cost, being in property or on other legal causes reflected in the balance sheet of the Operator and used when rendering services;

2) separate accounting - the system of collection and generalization of information on the income, costs and the involved assets separately on each type of service based on the source documents used for conducting accounting and managerial accounting, providing the necessary detail level for separation of the income, costs and the involved assets on activities and types of service;

3) Operator - the legal entity or physical person rendering according to the legislation of the Republic of Kazakhstan services in provision of lines and communication links, channels in the cable sewerage and the areas necessary for placement of technical means for needs of state bodies and the organizations;

4) 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;

5) the operator of information and communication infrastructure of "the electronic government" - the legal entity determined by the Government of the Republic of Kazakhstan to which ensuring functioning of the information and communication infrastructure of "the electronic government" assigned to it is assigned.

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

2. Procedure for pricing (rates) for services

5. Pricing (rates) for services of the Operator is performed based on separate accounting of the income, costs and the involved assets (further - separate accounting) on each type of service.

The prices (rates) for services are created in sizes of units of tariffing approved by authorized body.

6. When pricing (rates) for services of the Operator are considered:

1) the material expenses incoming cost;

2) expenses on compensation of personnel, according to the labor law;

3) depreciation charges of fixed assets and intangible assets;

4) renumeration expenses for borrowed funds in case of implementation of the investment project or on acquisition of the assets involved in rendering services by the Operator.

In case of lack of the investment project in case of - availability of the documents confirming financing terms of potential suppliers of services.

7. In the prices (rates) for services the means necessary for functioning and development of the Operator within rate are considered arrived to regulated base of the assets involved in case of the rendering services according to the procedure established by the current legislation.

8. When pricing (rates) for services of the Operator the following expenses are not considered:

1) the depreciation charges of the fixed assets which are not used when rendering services;

2) payments for above-standard emissions (resets) of pollutants;

3) bad debts; penalties, penalty fee, penalty and other types of sanctions for violation of conditions of economic agreements, legal costs;

4) penalties and penalty fee for concealment (understating) of the income;

5) losses from plunders;

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