Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2004 No. 567-II

About communication

(as amended on 02-07-2020)

This Law establishes the legal basis of activities in the field of communication in the territory of the Republic of Kazakhstan, determines powers of state bodies by regulation of these activities, the right and obligation of the physical persons and legal entities rendering or using communication services.

Chapter 1. General provisions

Article 1. Purpose of communication

1. Communication is integral part of economic and social infrastructure of the Republic of Kazakhstan intended for requirements satisfaction of physical persons and legal entities and ensuring requirement of safety, defense, protection of law and order, state bodies in communication services.

2. The means of communication and computer facilities, and also information systems constitute technical base of ensuring process of collection, processing, accumulating and distribution of information.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the subscriber - physical person or legal entity with which the service provision agreement of communication is signed;

2) office information on subscribers (further - office information) - the information about subscribers intended only for the purposes of carrying out counterintelligence activities and investigation and search operations on communication networks and including:

information on directory numbers, including data on individual identification numbers (for physical persons) or business and identification numbers (for legal entities) owners of directory numbers;

information on identification codes of subscriber devices of cellular communication, including data on individual identification numbers (for physical persons) or business and identification numbers (for legal entities) owners of subscriber devices of cellular communication;

billing data (data on the services received by the subscriber);

location of the subscriber device in network according to requirements of the technical regulation;

addresses on the data communication network;

addresses of the appeal to Internet resources on the data communication network;

Internet resource identifiers;

protocols of data communication network;

3) subscriber line - the communication line which is part of local network of telecommunications and connecting the subscriber device to means of telecommunications of this network;

4) the subscriber device - the means of communication of individual use creating signals of electric communication for transfer or acceptance of information set by the subscriber and connected to network of the telecom operator;

4-1) transfer of directory number - the service in preserving and use of directory number on the cellular transmission networks provided to the subscriber in case of the conclusion by it the new service provision agreement of cellular communication with other cellular operator;

4-2) centralized database of directory numbers - the hardware and software of management of the database containing information on directory numbers of cellular communication including the data determined by rules of transfer of directory number on the cellular transmission networks;

4-3) operator of the centralized database of directory numbers - the organization which provides forming functioning, maintenance and development of the centralized database of directory numbers also provide access to its resources;

4-4) certification center of information security - the legal entity determined by Committee of homeland security of the Republic of Kazakhstan, issuing safety certificates electronically;

5)  No. 128-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2017;

6) channels of courier service and service of special mail service  - set of mail networks, the divisions of special and courier communication used for transfer of special departures accompanied by couriers;

7) special departures - the registered packets, sending, hardware with attachment of the state secrets or data of the state bodies containing office information of limited distribution, and their carriers, and also products, their components (substances) and loads of defense industry;

8) the operator of universal servicing - the telecom operator rendering communication services to whom according to the legislation of the Republic of Kazakhstan the obligation on rendering universal communication services is assigned;

9) universal communication services - the minimum list of communication services which is fixed in the sector of telecommunications and mail service, developed by authorized body and approved by the Government of the Republic of Kazakhstan which rendering communication services to any user in any settlement in the set time with the established quality and price level, these services providing availability, is obligatory for operators of universal servicing;

10) communication - acceptance, collection, processing, accumulating, transfer (transportation), delivery, distribution of information, mail and special departures, postal money transfers;

11) communication link - the complex of means of telecommunications and the circle of distribution providing signal transmission between means of telecommunications in band of frequencies or at the transmission rate characteristic of this communication link. Depending on communication type channels are subdivided on telephone, cable, data transmission, and on territorial sign - on international, long-distance, zone and local;

12) communication network - the technological system including means and communication lines and intended for telecommunications or mail service;

13) communication network management - set of the organizational and technical actions aimed at providing functioning of communication network, including regulation of flow of loading (traffic);

14) communication lines - transmission lines (cable, radio relay, satellite and others), physical chains and linearly - cable constructions of communication, including trunk (international and long-distance);

15) communication services - activities for acceptance, processing, storage, transfer, transportation, delivery of mail and special departures, postal money transfers or messages of telecommunications;

16) communication services provision - the activities of telecom operators consisting in provision to users of the communication services given in the general qualifier of products of types of economic activity;

17) the user communication services - the physical person or legal entity receiving communication services;

18) the telecom operator - the physical person or legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services and (or) operating communication networks;

19) the business entities performing activities in the field of communication - telecom operators, owners of ad, departmental and corporate hoc networks of telecommunications, the separate switching equipment connected to network of telecommunications public, the owners of radio-electronic means who are users radio-frequency range;

20) national resource in the field of communication - resources of radio frequencies, numbering and orbital line items of communication satellites;

21) the dominating telecom operator - the telecom operator holding the dominating (exclusive) position in the field of communication according to the legislation of the Republic of Kazakhstan in the field of protection of the competition;

22) billing - the hardware and software intended for automatic accomplishment of transactions of accounting of the services provided to subscribers and also their tariffing and drawing of accounts for payment;

22-2) aggregation of data - processing and provisions of information in generalized view in case of which there is its depersonalization. Aggregative data are used by the telecom operator for forming of the reporting, implementation of the analysis and researches;

23) standard point of accession (connection) - the means of telecommunications intended for accession of one network to another with use of standard specifications and according to the standard agreement of accession;

24) trunk line - the complex of the technical means including the communication line and parts of the exchange equipment, providing interaction between the attaching and attached networks of telecommunications;

25) accession service - the activities directed to satisfaction of need of telecom operators for the organization of interaction between communication networks in case of which there are possible connection establishment and information transfer between users of the interacting networks;

26) internetwork connections - the interaction of networks of telecommunications which is result of rendering service of accession of one network of telecommunications to another;

26-1) network traffic (further - traffic) - information volume, the telecommunications transferred and accepted through network for certain period of time;

27) local network of telecommunications - network and means of telecommunications intended for implementation of electric communication in the territory of the settlement. Local networks of telecommunications are subdivided on city and rural depending on the status of the settlement;

28) system of time charging of local telephone connections (further - time accounting of local telephone connections) - set of technologies of accounting methods of the local telephone connections providing calculation of payment amount for use of services of local network of telecommunications;

29) assignment (assignment) of band of frequencies, radio frequencies (the radio-frequency channel) - permission to use of radio-frequency range issued by the relevant radio-frequency organ to the user radio-frequency range on use of the band of frequencies specified in this permission, radio frequencies (the radio-frequency channel) using radio-electronic means;

30) high-frequency devices - the equipment and (or) devices intended for generation and use of electromagnetic energy in industrial, scientific, medical, household or other purposes, except for applications in the field of telecommunications;

30-1)  No. 128-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2017;

30-2) Internet traffic - information volume, transferred and accepted through connection with the Internet for certain period of time;

30-3) point of exchange of Internet traffic - the hardware and software according to the omission (exchange) of Internet traffic of operators of intercity and (or) international telecommunication in the territory of the Republic of Kazakhstan;

31) the cable sewerage - set of the underground pipelines and wells intended for laying, mounting and maintenance of cables of communication;

32) the coded communication - secure communication with use of documents and technology of coding;

32-1)  No. 237-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.03.2019;

32-2) system of centralized operation by networks of telecommunications of the Republic of Kazakhstan - the complex of organizational and technical actions for forming of managing parameters and to control of their execution including the hardware and software and communication links for centralized operation of telecommunications by networks;

33) long distance line of communication - the communication line connecting long-distance switching exchanges of the telecom operator in the territory of the Republic of Kazakhstan;

34) the operator of intercity communication - the operator of fixed telephony owning and (or) operating long distance line of communication, long-distance switching exchanges and providing services of intercity telephone communication;

35) the operator of intercity and international telecommunication - the operator of fixed telephony owning and (or) operating long and international circuits of communication, long-distance and international switching exchanges and providing services of intercity and international telephone communication in transit of traffic and provision of network resources to other telecom operators;

36) intercity telephone communication - telephone connection between users the communication services which are in the territory of the Republic of Kazakhstan, except for local telephone connections;

36-1) safety certificate - set of electronic digital characters applied to the traffic transmission containing the protocols supporting enciphering;

36-2) secure communication - type of electric connection with use of special information security products (the coded communication, secret communication, the encoded communication);

37) secret communication - secure communication with use of the coding equipment;

38) the combined payment system of services - payment system in case of which the payment amount of the user of communication for certain period of time consists from:

permanent component - payments for provision of subscriber line irrespective of its type in permanent use to the subscriber and certain quantity of units of tariffing of local connections;

time component - payments for provision of telephone connection depending on its actual duration in terms of tariffing;

39) time payment system of services - payment system of services in case of which the payment amount of the user of communication for certain period of time includes payment for provision of telephone connection depending on its actual duration in terms of tariffing;

39-1) the short text and multimedia message - the service rendered by the cellular operator in acceptance and information transfer by means of cellular transmission network;

40) the trunk communication line - land (cable, including fiber-optical, radio relay) or the satellite link of communication connecting zone (long-distance) and (or) international switching exchanges of networks of telecommunications of the Republic of Kazakhstan and foreign states;

40-1) public technical service - the joint-stock company created according to the decision of the Government of the Republic of Kazakhstan;

40-2) employee of the public courier service - the citizen of the Republic of Kazakhstan from number of persons employed of courier service to which the special rank is given;

40-3) public radio-frequency service - the republican state company on the right of economic maintaining created according to the decision of the Government of the Republic of Kazakhstan;

41) numbering resource - set of numbers used in communication networks;

42) network of telecommunications public - the network of telecommunications available to use to physical persons and legal entities;

43) mail service - acceptance, processing, transportation and delivery of mail and special departures, and also postal money transfer;

44) mailings - written correspondence, sending, mail containers, and also printing editions in the corresponding packaging;

44-1) presidential communication - special electric communication for ensuring activities of the President of the Republic of Kazakhstan, the First President of the Republic of Kazakhstan - Elbasa;

45) radio amateur service - the radio service for the purposes of self-training, negotiation communication and technical researches performed by the physical persons which directed the adequate notice;

46) radio control - the system of measures providing operation of radio-electronic means and high-frequency devices with the allowed level of noises by accomplishment of engineering supervision over radio emissions, inspection of radio-electronic means and high-frequency devices, identification and suppression of action of sources of radio interferences, violations of procedure for use of radio frequencies, documents on standardization and regulations on parameters of radiation of radio-electronic means and high-frequency devices;

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