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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 27, 2015 No. 608

About holding pilot auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz

For the purpose of effective use of commercially profitable strips of radio frequencies in the range 800 MHz, according to the Civil code of the Kyrgyz Republic, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", article 9 of the Law of the Kyrgyz Republic "About electric and mail service" decide the Government of the Kyrgyz Republic:

1. Approve:

- Provisional regulations for procedure for holding pilot auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz (further - Provisional regulations) according to appendix 1;

- structure of the commission on holding pilot auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz (further - the commission) according to appendix 2.

2. The commissions within 45 days to hold pilot auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz (further - the lease agreement) according to the procedure, by the established Provisional regulations specified in Item 1 of this resolution.

3. Determine working body of the commission Fund for management of state-owned property under the Government of the Kyrgyz Republic.

4. To the Ministry of Finance of the Kyrgyz Republic from the date of entry into force of this resolution to submit within three-day term to Fund for management of state-owned property under the Government of the Kyrgyz Republic account details for transfer in the republican cash budget, provided in the Provisional regulations specified in Item 1 of this resolution.

5. To the Ministry of Economics of the Kyrgyz Republic together with the Ministry of Transport and Communications of the Kyrgyz Republic and the State communication agency under the Government of the Kyrgyz Republic in the shortest possible time to submit in accordance with the established procedure for consideration of the Government of the Kyrgyz Republic the bill of the Kyrgyz Republic providing amending the laws of the Kyrgyz Republic "About electric and mail service" and "About licensed authorization system in the Kyrgyz Republic", regarding setting standards, determining procedure for distribution of radio-frequency range by means of auction.

6. Bring in the order of the Government of the Kyrgyz Republic "About questions of licensing of separate types of activity in the field of electric and mail service" of September 2, 2014 No. 520 the following amendment:

- in Provisional regulations for the licensing of separate types of activity in the field of electric and mail service approved by the above-stated resolution:

add Item 16 with paragraphs the ninth and tenth the following content:

"-corresponding lease agreement of one of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz.

In case of availability of the lease agreement of one of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz provision of the documents specified in paragraphs the twelfth - the fourteenth the Item 15 of this provision and in paragraph seven of this Item, is not required.".

7. To impose control of execution of this resolution on department of construction, transport and communications of Government office of the Kyrgyz Republic.

8. This resolution becomes effective from the date of official publication and is effective within one year.

Prime Minister

T. Sariyev

Appendix 1

Provisional regulations for procedure for holding pilot auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz

1. General provisions

1. These Provisional regulations determine procedure for holding pilot auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz (2x5 MHz), 811-816/852-857 MHz (2x5 MHz), 816-821/857-862 MHz (2x5 MHz).

2. The concepts used in these Provisional regulations:

the lessor - authorized state body in the field of communication;

the lessee - physical persons and legal entities, including foreign which in the procedure established by these Provisional regulations are granted the right of temporary ownership and use of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz;

auction - type of open tenderings on right to contract of lease in which the participants who offered during trading and paid the highest price for the object put up for sale become winners;

the auctioneer - person holding auction which has experience also owns technology of holding the corresponding auctions;

objects of lease - strip of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz which are subject of lease agreements concerning which the auction on right to contract of lease of strips of radio frequencies is held;

the applicant - person who showed willingness to participate in auction on right to contract of lease of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz;

bid increment - the allowance by which the starting price and each following price announced by the auctioneer raises during trading;

authorized body - authorized state body in the sphere of management of state-owned property.

3. The conclusion of the lease agreement of strips of radio frequencies 806-811/847-852 MHz, 811-816/852-857 MHz, 816-821/857-862 MHz (further - the lease agreement) is performed by results of auction.

4. The objects of lease divided into 3 (three) lots are at the same time offered for auction:

- 806-811/847-852 MHz;

- 811-816/852-857 MHz;

- 816-821/857-862 MHz.

5. The starting price of 1 (one) lot constitutes 238 803 000 (two hundred thirty eight million eight hundred three thousand) som.

The bid increment constitutes 10 000 000 (ten million) som.

6. The information message about holding the auction is subject to placement on the official websites of authorized body and the lessor. The information message about holding the auction is subject to promulgation not later than 30 (thirty) days before date of auction.

The expenses connected with publication of the information message and holding the auction become covered at the expense of means of the lessor.

7. For participation in auction the applicant shall deposit money in the form of deposit in the amount of 10 (ten) percent from the announced starting price of the account specified in the information message.

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