THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES

of November 8, 2004 No. 438-OD

About approval of the Method of calculation of rates for accession and traffic transmission by telecom operators and Method of calculation of rates for accession and traffic transmission by telecom operators on the basis of the separate cost accounting

According to Item 34 of the Actions plan on program implementation of enhancement of the tariff policy of subjects of natural monopolies for 2002-2004 approved by the order of the Government of the Republic of Kazakhstan of October 15, 2002 N 1126, I ORDER:

1. Approve the Method of calculation of rates for accession and traffic transmission by telecom operators according to appendix 1.

2. Approve the Method of calculation of rates for accession and traffic transmission by telecom operators on the basis of the separate cost accounting according to appendix 2.

3. Recognize invalid orders of the Chairman of the Agency the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition:

of May 25, 2000 N 104-OD "About approval of the Method of calculation of rates (prices) for provision of network resources to operators in case of connection to JSC Kazakhtelecom network at the local level";

of August 7, 2000 N 168-OD "About modification and amendments in the order of the Agency of May 25, 2000 N 104-OD";

of December 13, 2000 N 252-OD "About modification and amendments in the order of the Agency of May 25, 2000 N 104-OD".

4. To department of administrative and territorial work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies (Tokareva M. A.) bring this order to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies.

5. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies Nefedov A. P.

6. This order becomes effective from the date of signing, except for Item 2 of this order which becomes effective after introduction by telecom operators of the separate cost accounting.

Appendix 1

to the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies About approval of the Method of calculation of rates for accession and traffic transmission by telecom operators and Method of calculation of rates for accession and traffic transmission by telecom operators on the basis of the separate cost accounting of November 8, 2004 No. 438-OD

Method of calculation of rates for accession and traffic transmission by telecom operators

1. General provisions

1. This Method of calculation of rates for accession and traffic transmission by telecom operators (further - the Technique) is developed according to the Laws of the Republic of Kazakhstan "About natural monopolies", "About communication" and other regulatory legal acts of the Republic of Kazakhstan.

2. The technique is intended for determination of the principles and the mechanism of calculation of rates for services in accession and the omission of telephone traffic when carrying out settlement between telecom operators which networks are attached at the local, long-distance (intra-zone) and international level.

3. This Technique is not applied to carrying out settlement in case of provision of services of the omission of telephone traffic between mobile operators, operators of fixed telephony and operators: cellular communication, VoIP operators, smart grids, audiotext.

4. The technique is directed to forming and preserving stability of relations of telecom operators, and also to enhancement of tariff regulation.

5. The basic principle of the Technique is the principle of distribution of the weighted average rate on shares, depending on the coefficients determining general participation of components and (or) elements of networks of the telecom operators participating in provision of services of initiation and traffic transmission (local, long-distance (intra-zone), international) on network of telecommunications public.

6. With the assistance of more than two operators in the omission of telephone traffic, settlement is performed on direct or cascade method according to the contract between operators.

7. In this Technique the following basic concepts are used:

intra network connections - the connections performed between users of communication services in network of one telecom operator;

internetwork connections - the connections performed between users of communication services of the interacting telecom operators;

the telecom operator - the physical person or legal entity which obtained the license for communication provision of services according to the procedure, the established legal act of the Republic of Kazakhstan for licensing;

constructed fare - the rate including the cost of provision and servicing of the technical means and constructions providing traffic transmission on network of telecommunications at certain stage of engineering procedure.

Other concepts and terms used in this Technique are applied according to the legislation of the Republic of Kazakhstan.

2. Calculation of rates for the omission of telephone traffic

8. Settlement between attaching and attached by operators is based on assessment of participation of each telecom operator in ensuring initiation and the omission of telephone traffic in the conditions of lack of the separate cost accounting on provision and servicing of technical means, the constructions providing traffic transmission on network of telecommunications. Assessment of participation is based on distribution of the weighted average rate on shares depending on the coefficients determining general participation of components and (or) elements of networks of the telecom operators participating in service provision (local, long-distance (intra-zone), international traffic) in case of initiation and the omission of telephone traffic on network of telecommunications public.

The weighted average rate is calculated proceeding from the rates established to subscribers of network of the attaching telecom operator for provision of intra network phone connectionss on groups of users.

9. The technique allows to determine constructed fares (daleetarif) established for telecom operators on services of the omission of telephone traffic:

- local (entering/proceeding, transit);

- long-distance (intra-zone) (entering/proceeding, transit);

- international (proceeding / entering);

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