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LAW OF THE KYRGYZ REPUBLIC

of April 2, 1998 No. 31

About electric communication

(as amended on 09-08-2023)

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

Electric communication (further - telecommunication) 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 telecommunication services.

This Law establishes the legal basis for operation of communication networks and provision of services of telecommunication 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 telecommunication and providing services of telecommunication (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 telecommunication in the territory of the Kyrgyz Republic.

Chapter 1. General provisions

Article 1. The principles of activities in the field of telecommunication

Activities in the field of telecommunication are performed on the following principles:

- provision of services of telecommunication 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 telecommunication and to regulation of activities of operators and service providers of telecommunication from functions on operation of networks and provision of services of telecommunication;

- full support of provision of high-quality traditional and innovative services of telecommunication;

- creating favorable conditions for attraction of foreign investments in telecommunication industry;

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

- availability of networks of telecommunication in case of emergency situations and 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;

- observance by 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 organized with use special (organizational, technical, including cryptographic) information protection methods without connection to networks of telecommunication public and provided to limited circle of users.

Kyrgyztelekom - the joint-stock company or the 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 telecommunication.

The international identification code - the international identification code of mobile communication devices, and also the devices used for data transmission in the form of character set (digits) appropriated to specific type of goods or service (IMEI).

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 paragraph the tenth ceased to be valid according to the Law of the Kyrgyz Republic of 09.08.2023 No. 173

Operators of mobile cellular communication - the 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.

The paragraph the thirteenth ceased to be valid according to the Law of the Kyrgyz Republic of 09.08.2023 No. 173

The paragraph the fourteenth ceased to be valid according to the Law of the Kyrgyz Republic of 09.08.2023 No. 173

The paragraph the fifteenth ceased to be valid according to the Law of the Kyrgyz Republic of 09.08.2023 No. 173

Government communication network of the Kyrgyz Republic - the special integrated secret communication network intended for conducting confidential negotiations and exchange of the classified information between state bodies, local government bodies, foreign organizations and the organizations (companies) of the Kyrgyz Republic having the corresponding admission on implementation of activities with use of information constituting the state secrets for the benefit of public administration, defense, safety, protection of law and order and in emergency situations and also for conducting confidential negotiations and exchange of the classified information with foreign competent state bodies.

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 telecommunication to the established requirements.

The paragraph the nineteenth ceased to be valid according to the Law of the Kyrgyz Republic of 09.08.2023 No. 173

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 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 the 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) - 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.

The paragraph of the twenty seventh ceased to be valid according to the Law of the Kyrgyz Republic of 09.08.2023 No. 173

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.

Telecommunication services - 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 other subscriber connected to network of telecommunication public.

Telecommunication - transfer or acceptance of signs, the written text, images and sounds or information of other sort by means of wire, radio - optical or other electromagnetic devices.

The database of the State system of identification of communication devices - the electronic base containing information on identification unique code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic.

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