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The document ceased to be valid since November 7, 2018 according to article 31 of the Law of Turkmenistan of  October 20, 2018 No. 77-VI

LAW OF TURKMENISTAN

of June 15, 2000 No. 30-II

About radio-frequency range

(as amended of the Law of Turkmenistan of 09.06.2018)

This Law determines the legal basis of management, use and supervision of use of radio-frequency range in the territory of Turkmenistan.

Chapter I. General provisions

Article 1. Radio-frequency range

1. The radio-frequency range in this Law is understood as set of radio frequencies lower than three thousand gigahertzes used for the organization in the territory of Turkmenistan of telecommunication without application of artificial wave guide.

2. The radio-frequency range is national resource of Turkmenistan.

Article 2. Coverage of this Law

1. This Law extends on legal entities and physical person, being users of radio-frequency range in the territory of Turkmenistan.

2. Provisions of this Law are applied along with the operating regulatory legal acts of Turkmenistan determining general rules of licensing of activities of communication, certification of means and communication services, movements through customs border of Turkmenistan of radio-electronic means and high-frequency devices and also regulating the relations between owners of systems of telecommunication, national operators and communication service providers.

Article 3. User of radio-frequency range

The user of radio-frequency range the legal entity or physical person having in property, use or the order radio-electronic means and (or) high-frequency devices, and also the corresponding permission to their storage, operation is recognized Turkmenistan.

For the purpose of this Law radio-electronic means are understood as the radio-electronic equipment and electric devices which in operating time radiate or can radiate radio waves with capacity of radiation more than 100 MW.

The equipment or devices intended for generation and local use of radio-frequency energy for industrial, scientific, medical, household and other purposes, except for applications in the field of telecommunication belong to high-frequency devices.

Article 4. National table of RF arrangement

The national table of RF arrangement establishes distribution of radio-frequency range for the organization of radio communication, use of radio frequencies (bands of radio frequencies) in production, scientific, medical and other purposes.

Article 5. Information on the appropriated radio frequencies

Data on assignment of radio frequencies (bands of radio frequencies) are entered in the Single register of radio frequencies which is kept by body for supervision of use of radio-frequency range created under the Ministry of Communications of Turkmenistan (further - body for supervision of use of radio-frequency range under the Ministry of Communications of Turkmenistan).

Article 6. Payment for use of radio-frequency range

1. Use of radio-frequency range in the territory of Turkmenistan is paid. The payment for use of radio-frequency range is established by the Cabinet of Ministers of Turkmenistan.

2. The Cabinet of Ministers of Turkmenistan has the right to make decisions on exemption for use of radio-frequency range of the certain users providing the state needs.

Article 7. International agreements of Turkmenistan

If the international treaty of Turkmenistan provides other provisions than containing in this Law, then provisions of the international treaty are applied.

Chapter II. Public administration by use of resource of radio-frequency range

Article 8. Purposes and tasks of public administration by use of resource of radio-frequency range

The purposes of public administration by use of resource of radio-frequency range are:

increase in efficiency of use of resource of radio-frequency range in national interests;

ensuring use of radio-frequency range in the field of international cooperation according to Radio regulations of the International Telecommunication Union;

representation and protection of interests of the state in the field of use of radio-frequency range.

By means of public administration use of resource of radio-frequency range provides the solution of the following tasks:

development and implementation of state policy in the field of use of radio-frequency range;

the arranged RF arrangement (bands of radio frequencies) on the basis of the National table of RF arrangement;

regulation of questions of permission and registration of use of radio-frequency range;

establishment of standards and rules of use of radio-frequency range;

supervision of use of radio-frequency range.

Article 9. Management of use of resource of radio-frequency range

1. Public administration by use of resource of radio-frequency range at the national level, coordination of questions of use of radio-frequency range in the field of international cooperation is performed by the interdepartmental commission on radio frequencies created under the Cabinet of Ministers of Turkmenistan (further - the interdepartmental commission on radio frequencies under the Cabinet of Ministers of Turkmenistan).

Structure of the interdepartmental commission on radio frequencies under the Cabinet of Ministers of Turkmenistan, Regulations on it affirm the President of Turkmenistan.

2. According to the decision of the Cabinet of Ministers of Turkmenistan the right of management of use of certain range of radio-frequency range within the territory of Turkmenistan can be transferred to legal entity or physical person on the basis of the agreement by term no more than for 5 years.

Chapter III. Conditions and the principles of use of resource of radio-frequency range in the territory of Turkmenistan

Article 10. Assignment of radio frequencies

1. Assignment of radio frequencies (bands of radio frequencies) is performed by the interdepartmental commission on radio frequencies under the Cabinet of Ministers of Turkmenistan.

2. The legal entities or physical persons which got permission of the Cabinet of Ministers of Turkmenistan on it is right managements of use of certain range of radio-frequency range, have the right to distribute radio frequencies within this range to other users, with the notification on it of body for supervision of use of radio-frequency range under the Ministry of Communications of Turkmenistan.

Non-presentation of data on RF arrangement between users attracts responsibility, stipulated by the legislation Turkmenistan.

3. Assignment of radio frequencies (bands of radio frequencies) is performed on the basis of requests.

The interdepartmental commission on radio frequencies under the Cabinet of Ministers of Turkmenistan has the right to determine the user of radio frequencies (bands of radio frequencies) on competitive basis.

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