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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of February 24, 2000 No. 4585

About approval of the Regulations on licensing of activities in the field of communication No. 117

According to article 6 of the Law of Turkmenistan "About licensing of separate types of activity" I decide:

Approve the enclosed Regulations on licensing of activities in the field of communication.

 

President of Turkmenistan Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of February 24, 2000 No. 4585

Regulations on licensing of activities in the field of communication

1. This Provision is developed according to article 11 of the Law of Turkmenistan "About communication", and also article 6 of the Law of Turkmenistan "About licensing of separate types of activity" and determines procedure for licensing of activities in the field of communication in Turkmenistan.

2. The body performing licensing of activities in the field of communication in the territory of Turkmenistan is the Ministry of Communications of Turkmenistan.

3. The procedure for licensing of activities in the field of communication in the territory of Turkmenistan extends to all physical persons and legal entities.

In the field of communication without execution of the license bodies of government communication have the right to implementation of activities.

4. The license is granted separately on each licensed type of activity (appendix No. 1). The type of activity (the list is attached), on which implementation the license is obtained, can be carried out only by person who obtained the license.

The license is not required in cases if telecommunication network:

- has intra production or technology appointment;

- it is used for provision of services of communication only for needs of defense, safety, protection of border and law and order;

- if the technical tool of telecommunication communication is established on the vehicle, the vessel, the airplane or other mode of transport and is used only for own needs of the owner.

1. The Ministry of Communications of Turkmenistan keeps the register - register and issues of licenses in which the licenses this about the owner, data on date of suspension, renewal, cancellation of action of the license, other data (appendix No. 2) are specified.

2. For receipt of the license the job seeker submits to the Ministry of Communications of Turkmenistan the application in the established form (appendix No. 3). The job seeker bears responsibility according to the legislation of Turkmenistan for reliability of the data specified in the statement.

3. The Ministry of Communications of Turkmenistan makes the decision on issue or on reasonable refusal in licensing in a month and brings within 3 days to the job seeker the decision in writing.

4. The license is granted within 3 days after payment of the license fee. If the job seeker within 3 months did not pay the license fee the Ministry of Communications of Turkmenistan the decision on licensing having the right to cancel.

5. For consideration of the application, licensing and its renewal the license fee which size is established by the Ministry of Communications of Turkmenistan taking into account specific type of activity and other conditions in coordination with the Ministry of Economics and finance of Turkmenistan is levied.

The extreme size of the license fee constitutes:

- from legal entities of Turkmenistan - 50 - the multiple size of the basic size established by the legislation of Turkmenistan for calculation of charges;

- from physical persons - citizens of Turkmenistan - 30 - the multiple size of basic size established by the legislation of Turkmenistan for calculation of charges;

- from legal entities with foreign participation - 3 thousand dollars of the USA;

- from physical persons - foreign citizens - 2 thousand dollars of the USA.

1. The means arriving from payment of the license fee are enlisted in the Centralized budget of Turkmenistan.

2. The license which is drawn up in accordance with the established procedure is granted after acquaintance with this Provision.

3. License effective period 3 years.

4. The application for prolongation of effective period of the license is submitted by the owner of the license at least in 30 days prior to expiration of the license (appendix No. 3).

5. In case of loss of the license its duplicate with payment of 20% of originally brought license fee is issued.

6. When implementing of the licensed activities compliance with law of Turkmenistan, environmental, sanitary and epidemiologic, hygiene, fire protection regulations and rules, and also this provision is obligatory.

7. The basis for refusal in licensing are:

- discrepancy of the submitted documents to requirements of this provision;

- availability in documents of the doubtful or distorted information;

- discrepancy of technical means of communication or service quality to requirements of standards, rules and other regulations.

Licensing it can be refused and if the specified type of activity is determined as exclusive for other telecom operators.

1. In case of transformation of the legal entity having the license of change of its name or the place of its stay the legal entity or his legal successor shall submit without delay the application for renewal of the license with appendix of supporting documents. In case of change of surname, name or the residence of the physical person having the license he shall submit without delay the application for renewal of the license with appendix of supporting documents. Renewal of the license is performed in 15-day time from the date of filing of application.

2. Control of observance of licensed requirements and conditions performs the Ministry of Communications of Turkmenistan which has the right:

- perform activities of the owner of the license for compliance to the activities performed by it to licensed requirements and conditions, based on checks to draw up statements (protocols) with indication of the revealed violations and terms of their elimination;

- request and obtain from the owner licenses necessary explanations and references on the questions relating to licensed activity and arising when conducting checks;

- make the decision on suspension of action or cancellation of the license taking into account the revealed violations.

1. The license it can be suspended by the Ministry of Communications of Turkmenistan for the term of no more than 6 months in case:

- not renderings of services of communication within 6 months from the date of specified in the license;

- refusal in provision of information on quality of the rendered communication services;

- failure to carry out of the decisions obliging to eliminate the owner of the license the revealed violations;

- identifications of violation of licensed requirements and conditions which can entail causing damage to the rights, legitimate interests, to morality and health of citizens, economic interests of the state.

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