ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 2, 2014 No. 520

About questions of licensing of separate types of activity in the field of electric and mail service

For the purpose of settlement of licensing of activities in the field of electric and mail service, according to the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- Provisional regulations for licensing of separate types of activity in the field of electric and mail service;

- The temporary price list of the size of the license fee for the permissions issued by the State communication agency under the State committee of information technologies and communication of the Kyrgyz Republic.

2. This resolution becomes effective after fifteen days from the date of official publication and is effective within 4 years.

Approved by the Order of the Government of the Kyrgyz Republic of September 2, 2014 No. 520

Provisional regulations for licensing of separate types of activity in the field of electric and mail service

Chapter 1. General provisions

1. Physical persons and legal entities, irrespective of legal forms and patterns of ownership, shown willingness to be engaged in the licensed type of activity in the field of communication, shall obtain the corresponding license and (or) permission.

2. Licensor in the field of electric and mail service is the State communication agency under the State committee of information technologies and communication of the Kyrgyz Republic which grants the following licenses and permissions:

1) licenses for activities:

- in the field of electric communication;

- in the field of data transmission;

- in the field of the TV and radio broadcasting including creation of programs, transfers and their distribution;

- in the field of mail service;

- on use of radio-frequency range for rendering services of electric communication and (or) data transmission.

Licenses for activities in the field of electric communication, activities in the field of data transmission, activities in the field of the TV and radio broadcasting including creation of programs, transfers and their distribution on activities in the field of mail service, on use of radio-frequency range for rendering services of electric communication and (or) data transmission are issued in the form specified in appendix 1;

2) permissions:

- the admission on import to the territory of the Kyrgyz Republic of radio-electronic means (further - RES) and high-frequency devices (further - VChU), other technical means giving radio-frequency radiation or being source of high-frequency electromagnetic waves (permission is issued in the form specified in appendix 2);

- frequency assignment on the right of operation of radio-electronic means (the form of permissions depending on types of services is specified in appendices 3, of 4).

3. The license for activities in the field of electric communication includes the following types of service:

- services of cable communication - transfer on distance of alphanumeric messages - telegrams, with obligatory record them in collection point;

- services of local telephone communication - provision of services of telecommunication, rendered on networks of local telephone communication;

- services of international telecommunication - provision of services of telecommunication, rendered on networks of the international telephone communication;

- services of long distance communication - provision of services of telecommunication, rendered on networks of long distance telephone communication;

- services of telematic services - telecommunication services intended for information transfer through networks of telecommunication, except for to telephone communication, cable communication, data transmission;

- services of mobile radiotelephone communication - the acceptance and transmission of messages performed by means of mobile radiotelephone communication;

- services in distribution of TV and radio programs - distribution of electric signal of broadcasting on networks of telecommunication.

4. Operators and services of internal networks of telecommunication are exempted from receipt of the license.

5. Receipt of the license and (or) permission is not required in case of operation of the radio devices of low power intended for the purposes of exchange of information or management and working with output capacity less than 100 MW, the level of collateral radiations shall not exceed values 56+101og (P) or 40 dbn, depending on what value conforms to less strict requirements. The list of low-power radio transmitters affirms the State communication agency under the State committee of information technologies and communication of the Kyrgyz Republic.

6. Recognition of the licenses for the territories of the Kyrgyz Republic granted by authorized bodies of foreign states is performed according to the procedure and cases, the stipulated in Article 27 Laws of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic".

Chapter 2. Basic principles of licensing

7. Issue of licenses and (or) permissions is performed as equals for all physical persons and legal entities, including foreign, the bases and conditions meeting the requirements established for the corresponding licenses and (or) permissions.

8. The procedure licensing is performed on the principles, the stipulated in Article 5 Laws of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic".

Chapter 3. License types and permissions. Alienability of the license

9. Licenses and (or) permissions differ on the following signs:

1) on action time:

- termless - the licenses granted without restriction of term for activities in the field of electric communication, activities in the field of data transmission, activities in the field of the TV and radio broadcasting including creation of programs, transfers and their distribution on activities in the field of mail service; permission to the admission to import to the territory of the Kyrgyz Republic of radio-electronic means and high-frequency devices;

- temporary - issued for the term of no more than 10 years, licenses for activities for use of radio-frequency range for rendering services of electric communication and (or) data transmission;

2) on territorial coverage:

- on all territory of the Kyrgyz Republic: licenses for activities in the field of electric communication, activities in the field of data transmission, activities in the field of the TV and radio broadcasting including creation of programs, transfers and their distribution on activities in the field of mail service; permission to the admission to import to the territory of the Kyrgyz Republic of radio-electronic means and high-frequency devices;

- on certain territory of the Kyrgyz Republic: licenses to use of radio-frequency range for rendering services of electric communication and (or) data transmission; permission - frequency assignment on the right of operation of radio-electronic means;

3) on alienability:

- inaliennable licenses for activities in the field of electric communication, activities in the field of data transmission, activities in the field of the TV and radio broadcasting including creation of programs, transfers and their distribution on activities in the field of mail service; permission to the admission to import to the territory of the Kyrgyz Republic of radio-electronic means and high-frequency devices; permission - frequency assignment on the right of operation of radio-electronic means;

- the alienable license to use of radio-frequency range for rendering services of electric communication and (or) data transmission; permission - frequency assignment on the right of operation of radio-electronic means in case of alienation of the license.

10. Transfer of the license and (or) permission to other legal entity or physical person for activities implementation is forbidden.

Chapter 4. Contents of the license and (or) permission

11. In the license are specified:

- the name of the licensing body;

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