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LAW OF TURKMENISTAN

of March 12, 2010 No. 93-IV

About communication

(as amended on 05-06-2021)

This Law establishes the legal basis of activities in the field of telecommunication and mail service in Turkmenistan, determines competence of executive bodies by regulation of these activities, and also the right and obligation of the legal entities and physical persons participating in the specified activities or using communication services.

Chapter I. General provisions

Article 1. Purpose of communication

1. In Turkmenistan communication is integral part of production and social infrastructure and is intended for implementation by users of management functions, distribution, information exchange and other functions by means of the services provided by telecommunication and mail service.

2. Telecommunication communication represents complex wire, radio, - the optical and other electromagnetic systems selected according to their type or nature (telephone, cable, radio, television, electronic, the Internet, satellite and other types of communication).

3. Telecommunication communication in total with means of the electronic and computing (computer) equipment provides collection, processing, storage, accumulating and distribution of information.

4. The mail service provides acceptance, storage, processing, transportation and delivery (delivery) of mailings, money, including other payments of purpose and rendering other supplementary services.

Article 2. Purposes of this Law

The purposes of this Law are:

1) creation of conditions for communication services provision in all territory of Turkmenistan;

2) assistance to implementation in industry of perspective technologies and standards;

3) protection of interests of users of the communication services and legal entities and physical persons performing activities in the field of communication;

4) creation of conditions for ensuring workable and fair competition in the market of communication services;

5) creation of conditions for development of communications infrastructure in Turkmenistan and ensuring its integration with international telecommunications networks;

6) ensuring centralized operation with radio-frequency resource and resource of numbering in Turkmenistan;

7) creation of conditions for requirements satisfaction in communication for ensuring needs of public administration, defense of the country, safety of the state and law and order.

Article 3. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are used:

1) the subscriber - the user of communication services with whom the telecom operator signs the agreement on rendering such services in case of selection for these purposes of directory number or unique code of identification;

2) high-frequency devices - the equipment or devices intended for generation and use of radio-frequency energy in industrial, scientific, medical, household or other purposes;

3) communication lines - transmission lines, physical chains and linearly - cable constructions of communication;

4) numbering - digital, letter, character symbol or combinations of such designations, including the codes intended for uniquely identifying (identification) of communication network and (or) its nodal or terminal elements;

5) the terminal equipment (customer premise equipment) the technical means for transfer and (or) signal pick-up of telecommunication on communication lines connected to subscriber lines and which are in use of subscribers or intended for such purposes;

6) the telecom operator - the legal entity or physical person rendering services of telecommunication or mail service based on the corresponding license;

7) the user of communication services - the person ordering and (or) using services of telecommunication and (or) mail service;

8) radio-electronic means - the technical means intended for transfer and (or) acceptance of radio waves, consisting of one or several transferring and (or) intakes or combination of such devices and including the service equipment;

9) numbering resource - set or part of options of numbering which are possible for using in communication networks;

10) communication network - the technological system including means and communication lines and intended for telecommunication and mail service;

11) radio frequency - the frequency of electromagnetic oscillations established for designation of single component of radio-frequency range;

12) radio-frequency range - set of radio frequencies in the limits set by the International Telecommunication Union which can be used for functioning of radio-electronic means or high-frequency devices;

13) communication constructions - objects of engineering infrastructure, including the building, the structures created or adapted for investment of funds of communication and cables of telecommunication communication;

14) means of communication - technical and the software used for forming, acceptance, processing, storage, transfer, delivery of messages of telecommunication communication or mailings, and also others technical and the software used in case of communication services provision or ensuring functioning of communication networks;

15) communication service - activities for acceptance, processing, storage, transfer, delivery of messages of telecommunication communication or mailings;

16) telecommunication - any radiations, transfer or acceptance of signs, signals, voice information, the written text, images, sounds or messages of any sort on radio system, wire, optical and to other electromagnetic systems;

17) network of telecommunication communication - set of the means of telecommunication communication providing one or several types of transfer telephone, cable, facsimile and other types of documentary messages, broadcast of television and broadcasting programs;

18) government communication - networks and means of telecommunication providing acceptance, processing and information transfer for needs of the Government of Turkmenistan;

19) courier communication - type of the government express communication providing acceptance, safety, transportation and delivery of written correspondence of state bodies;

20) express communication - acceptance, processing, storage, transportation and delivery of departures directly from the sender and with the courier delivery to the direct addressee;

21) internetwork connections - the technological interaction between networks of telecommunication communication of different operators of telecommunication communication providing transfer and acceptance of information between users;

22) Internet services - services which rendering is performed by transfer or acceptance of data on channels of the Internet;

23) information security of telecommunication communication networks - capability of telecommunication communication networks to provide protection against destruction, change, blocking of information, its unauthorized leakage or against violation of established procedure of its routing;

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