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I.O.'S ORDER OF THE MINISTER OF SOFTWARE TO INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 21, 2015 No. 34

About approval of Rules of assignment of bands of frequencies, radio frequencies (radio-frequency channels), operation of radio-electronic means and high-frequency devices, and also carrying out calculation of electromagnetic compatibility of radio-electronic means of civil assignment

(as amended on 19-09-2024)

According to subitem 19-12) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About communication" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of assignment of bands of frequencies, radio frequencies (radio-frequency channels), operation of radio-electronic means and high-frequency devices, and also carrying out calculation of electromagnetic compatibility of radio-electronic means of civil assignment.

2. (Sarsenov S. S.) to provide to committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction of the copy on official publication periodic printing editions and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the vice-minister of investments and development of the Republic of Kazakhstan Zhumagaliyev A. K.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

The acting minister on investments and development of the Republic of Kazakhstan

A. Rau

It is approved

Minister of Finance of the Republic of Kazakhstan

January 30, 2015

 

____________ B. Sultanov

It is approved

Minister of Defence of the Republic of Kazakhstan

January 23, 2015

 

____________ I. Tasmagambetov

It is approved

Minister of Foreign Affairs of the Republic of Kazakhstan

January 26, 2015

 

____________ E.Idrisov

It is approved

Chairman of Committee of homeland security of the Republic of Kazakhstan

March 17, 2015

 

____________ N. Abykayev

It is approved

Minister of national economy of the Republic of Kazakhstan

March 13, 2015

 

____________ E.Dosayev

 

Approved by the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of January 21, 2015 No. 34

Rules of assignment of bands of frequencies, radio frequencies (radio-frequency channels), operation of radio-electronic means and high-frequency devices, and also carrying out calculation of electromagnetic compatibility of radio-electronic means of civil assignment

Chapter 1. General provisions

1. Rules of assignment of bands of frequencies, radio frequencies (radio-frequency channels), operation of radio-electronic means and high-frequency devices, and also carrying out calculation of electromagnetic compatibility of radio-electronic means of civil assignment (further – Rules) are developed according to Item 19-12) of article 8 of the Law of the Republic of Kazakhstan "About communication" (further – the Law), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for assignment of bands of frequencies, radio frequencies (radio-frequency channels), operation of radio-electronic means (further – RES) and high-frequency devices (further – VChU), and also carrying out calculation of electromagnetic compatibility (further – EMS) RES of civil assignment.

Requirements of these rules extend to all physical persons and legal entities rendering communication services and (or) using RES and (or) VChU in productive activity (further – uslugopoluchatel).

In Rules provisions of Radio regulations of the International Telecommunication Union are considered (International Telecommunication Union, ITU, Geneva 2012).

Actions of these rules, except for Item 51 to these rules, does not extend:

1) on RES and VChU which are determined in the list of radio-electronic means and high-frequency devices, according to appendix 1 to these rules;

2) on RES and VChU of state bodies, state companies which are on radio-frequency providing the Ministry of Defence of the Republic of Kazakhstan;

3) on radio-electronic means of radio amateur services.

2. In these rules the following concepts are used:

1) the differential station – complex of the radio-electronic and technical means located in Item with the known space coordinates by means of which acceptance and processing of signals of the global navigation satellite system, calculation of differential corrections and their transfer as a part of the consumer adjusting information on communication links for increase in accuracy of determination of its space coordinates when finding the consumer in radius of action of the differential correction is performed;

2) 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;

3) joint use of frequencies – use of frequencies by two and more users;

4) the national operator of system of high-precision satellite navigation (further – the national operator of SVSN) – the joint-stock company with absolute participation of the state in the authorized capital determined by the Government of the Republic of Kazakhstan to which tasks of creation, operation and development of system of high-precision satellite navigation are assigned;

5) the high-frequency device – 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;

6) mobile radio-electronic means – the radio-electronic means which does not have permanent binding to geographical coordinates;

7) mobile communication is radio communication between subscribers whose location can change;

8) the owner of RES and (or) VChU – physical person or legal entity at which these means or devices are in property, on the right of economic maintaining or on the right of operational management, or other legal cause (lease, free use);

9) radio-frequency range (further – RChS) – certain set of radio frequencies in the range from 3 kilohertzes (further – kHz) to 400 gigahertzes (further – GHz);

10) radio-electronic means – the technical tool intended for transfer and (or) acceptance of radio waves and consisting of one or several transferring and (or) intakes, or their combinations, including the service equipment;

11) the amplifier of signal of cellular communication (repeater, active repeater) – the radio-electronic means repeating and strengthening signal of cellular communication, functioning complete with antennas and radio-frequency cables and intended for local expansion of coverage by signal of cellular communication;

12) radio relay lines (further – RRL) – radio communication on the line formed by chain of transceiving (relaying) radio stations including radio bridges with topology "point-to-point";

13) stationary radio-electronic means – the radio-electronic means having permanent geographical coordinates;

14) the National table – the table of distribution of bands of frequencies between radio services of the Republic of Kazakhstan in the range of frequencies from 3 kHz to 400 GHz for radio-electronic means of all assignments approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of January 20, 2015 No. 22 (it is registered in the Register of state registration of regulatory legal acts for No. 10375);

15) electromagnetic compatibility – capability of the technical tool to function with the set quality in the set electromagnetic situation and not to create inadmissible electromagnetic noises to other technical means;

16) the VSAT station – the terrestrial station of satellite communication with small aperture of the antenna working as the part of satellite network (with topology star, everyone with everyone or point-to-point) managed and controlled on a centralized basis by means of functional means of the control center (further – TsUS) or the assigned VSAT station performing the TsUS functions;

17) the simplified procedure of document creation in the field of radio-frequency range – registration of permission to RChS and the conclusions of EMS before completion of the procedure of the international coordination;

18) tender (auction) (further – the biddings) - form of the biddings in case of which participants declare the offers publicly, carried out with use of the web portal of the register in electronic format following the results of which the organizer shall appropriate (to grant right to use of radio-frequency range (further - RChS) bands of frequencies, radio frequencies (radio-frequency channels) to the winner;

19) lot RChS (further - object) - the band widths of frequencies of each lot, nominals of frequencies determined by radio-frequency bodies within the range, the territories of use, technology/type of communication, obligations on providing services for communication of settlements and (or) the territories, starting price which right to use is granted to the winner of tender (auction);

20) the initial price - lot price determined according to Item 54 of these rules;

21) the starting price – the price with which the second stage of the biddings on lot begins;

22) current price – the price developing during the second stage of the biddings on lot;

23) the salesroom – the Section of the web portal of the register providing possibility of input, storage and the information processing necessary for carrying out the second stage of the biddings which is carried out in the form of auction on advance in price;

24) auction number – number assigned to the participant for participation in the biddings;

25) auction on advance in price – method of the biddings in case of which the starting price raises with in advance announced step;

26) the winner – the bidder who offered top price for lot;

27) the guarantee fee is the sum of money equal to starting price of lot entered for the purpose of providing obligations within the auction;

28) final price – the highest price of lot established as a result of the biddings;

29) the web portal of the register – the Internet resource placed on the Internet to the address: www.gosreestr.kz providing single access point to the electronic database about objects of sale of the register of state-owned property (further – the register);

30) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the electronic digital signature;

31) the electronic digital signature (further - the EDS) – set of electronic digital characters created by means of the EDS and confirming reliability of the electronic document, its accessory and invariance of content;

32) the single operator in the field of accounting of state-owned property (further – the single operator) – the legal entity with participation of the state in the authorized capital determined by the decision of the Government of the Republic of Kazakhstan to which tasks on realization of single technical policy in the field of the organization and accounting of state-owned property, and also function on management and operation of assets of territorial subdivisions of authorized body on state-owned property according to the list approved by authorized body on state-owned property are assigned;

33) the participant – the legal entity registered in the procedure established by these rules for participation in the biddings;

34) the organizer (authorized body) – the central executive body enabling the realization of state policy in the field of communication, the state control, coordination and regulation of activities of persons providing services in the field of communication or using them;

35) tender committee – the collegiate organ created by the organizer for tendering;

36) the affiliate – any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential bidder, including owing to the transaction made in writing, and also any physical person or legal entity concerning which the potential bidder has such right.

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