Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of April 2, 1998 No. 31

About electric and mail service

(as amended on 24-08-2021)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on March 6, 1998

The electric and mail service is integral part of production and social infrastructure of the Kyrgyz Republic and is intended for satisfaction of needs of physical persons and legal entities, bodies of the state executive authority and local government bodies in services of electric and mail service.

This Law establishes the legal basis for operation of communication networks and provision of services of electric and mail service in the Kyrgyz Republic, determines competence of the state executive bodies, authorized to perform regulation of such services, the mode of receipt of necessary permissions to their provision, and also the rights and obligations of the legal entities and physical persons operating networks of electric and mail service and providing services of electric and mail service (including Kyrgyztelekom), and users of these services.

Action of provisions of this Law extends on all physical persons and legal entity performing activities in the field of electric and mail service in the territory of the Kyrgyz Republic.

Chapter 1. General provisions

Article 1. The principles of activities in the field of electric and mail service

Activities in the field of electric and mail service are performed on the following principles:

- provision of services of electric and mail service on the basis of the competition, private entrepreneurship and commercial independence;

- department of functions of the state on development of policy in the field of electric and mail service and to regulation of activities of the companies of mail service and operators and service providers of telecommunication from functions on operation of networks and provision of services of electric and mail service;

- full support of provision of high-quality traditional and innovative services of electric and mail service;

- creating favorable conditions for attraction of foreign investments in industry of electric and mail service;

- ensuring reliability of provision of services of electric and mail service and compatibility of networks of telecommunication with the international networks of telecommunication;

- availability of networks of telecommunication in case of emergency situations and for accomplishment of tasks in the field of public administration, defense, safety, protection of law and order;

- equal access of all legal entities and physical persons to networks and services of telecommunication public and services of mail service;

- observance of mail service by the companies, operators and service providers of telecommunication of confidentiality of information of users.

Article 2. Determinations

In this Law terms are used in the following value:

Subscriber line - part of network of telecommunication public which connects the subscriber to such network directly.

Internal network of telecommunication - the network of telecommunication created or used within one company and/or its affiliated companies for satisfaction of internal requirements of such company and/or its affiliated companies and operated without any connection to network of telecommunication public.

The closed network of telecommunication - the network of telecommunication used for telecommunication provision of services to limited circle of users.

Kyrgyztelekom - the joint-stock company or any legal entity who is the legal successor of this company.

The license - the permission issued to the citizen or the legal entity by competent state body to be engaged in certain type of activity or to make certain actions in the field of electric and mail service.

Local area network of telecommunication public - the network of telecommunication public including subscriber lines, local switches and the related transmission lines or other means.

The terminal equipment - directly or not directly the technical means or devices connected through subscriber lines or with use of wire, fiber-optic and electromagnetic devices to network of telecommunication by means of which the user can transfer, transform or accept messages.

The operator of mail service - any legal entity or physical person operating network of mail service.

Operators of mobile cellular communication - any legal entity or physical person operating network of telecommunication and rendering services of mobile radio telephone communication.

The operator of telecommunication - the legal entity or physical person which is operating the network of telecommunication and having the license for the corresponding type of activity in the field of telecommunication.

Mail service - acceptance, transfer and delivery of mailings to destination.

Mailings - objects, printing editions, periodicals, written correspondence and messages, and also the money and securities, etc. charged to the companies of mail service for transfer and delivery to addressees.

The companies of mail service - the legal entities providing services to mail service.

The government communication network - ad hoc network of communication which provides information transfer, containing the state secret and functions for the benefit of government in peace and wartime.

Radio-frequency range - the set of the electromagnetic waves (radio waves with frequencies within 3 kHz-3000 of GHz) extending in space without artificial wave guide, used under the organization of radio communication, radio TV and broadcastings and in other cases of transfer of electric signal without physical connections.

The certificate of conformity (further - the certificate) - the document issued by rules of system of certification for confirmation of conformity of the certified equipment and products (services) of electric and mail service to the established requirements.

Network of mail service - set of the companies of mail service, the Items of mail service and mail routes constituting single system of mail service.

Network of telecommunication - wire, radio - optical or other electromagnetic system for the direction, switching or transmission of messages of telecommunication, including voice, sound, visual messages, data transmission and images, and also any elements of such messages.

Network of telecommunication public of the Kyrgyz Republic - the technological system including means and communication lines, intended for paid rendering services of telecommunication to any user by services of telecommunication in the territory of the Kyrgyz Republic according to the legislation in the field of telecommunication.

Cross-border transit connection (transition) - any connection between networks of telecommunication of operators of telecommunication of one state with networks of telecommunication of operators of telecommunication of other state through networks of operators of telecommunication of the Kyrgyz Republic.

The services adding value - services which during use of services of telecommunication change form, content, code, the protocol or other similar characteristics of the message; re-structure, supplement or provide information or do possible interaction of the user with information.

Services of mail service - paid services in acceptance, transfer and delivery of mailings and other services of the companies of mail service on contractual basis.

Services of means mass information - forming of the electric signal of teleradio channels intended for distribution on networks of electric communication irrespective of the applied technologies. Services of mass media are not telecommunication services.

Services of telephone service public - provision to the population on commercial basis of services in user-to-user transmission and switching of voice messages in real time on subscriber points and from subscriber points by means of which the user is connected to network of telecommunication public in such a way that each user can use the terminal equipment for connection with other subscriber.

Services of electric communication (telecommunication service) - services in acceptance and transmission of messages of telecommunication, including distribution TV, radio channels which are offered one or several legal entities or physical person. Services of telecommunication do not include service of mass media.

Services of telecommunication for internal use - the services of telecommunication provided or available to users of internal network of telecommunication.

Services of telecommunication for limited circle of users - the services of telecommunication provided to user group, having the general business or other interest different from telecommunication provision of services.

General use telecommunication services - the telecommunication services offered all population, providing connection of the user with any other subscriber connected to network of telecommunication public.

Electric communication (telecommunication) - any transfer or acceptance of signs, the written text, images and sounds or information of any other sort by means of wire, radio - optical or other electromagnetic devices.

The database of the State system of identification of mobile communication devices (database) - the electronic base containing information on identification unique code of the wireless communication devices operating and imported on the territory of the Kyrgyz Republic.

The state system of identification of communication devices - the complex of the hardware and software providing recognition of the international identifiers of the mobile communication devices operated or imported on the territory of the Kyrgyz Republic, their comparison with databases of operators of telecommunication on the international identifiers of mobile communication devices and authorization of use of these devices in the territory of the Kyrgyz Republic.

The SIM card - the personal identification module of the subscriber which provides network access of the operator, and also protection against unauthorized use of the selected directory number.

Authorized state body on communication - the permanent state body performing functions of regulation in the field of electric and mail service it is independent in relation to any operators of electric and mail service, service providers of telecommunication, the companies of mail service and other legal entities and physical persons performing activities in the field of communication. 

The paragraph the thirty ninth ceased to be valid according to the Law of the Kyrgyz Republic of 24.08.2021 No. 102

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