ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 13, 2017 No. 363

About approval of the Regulations on State commission of the Kyrgyz Republic on radio frequencies and structure of State commission of the Kyrgyz Republic on radio frequencies

According to article 6 of the Law of the Kyrgyz Republic "About electric and mail service", for the purpose of realization of policy in the field of regulation and effective use of radio-frequency range of the Kyrgyz Republic the Government of the Kyrgyz Republic decides:

1. Approve:

- regulations on State commission of the Kyrgyz Republic on radio frequencies according to appendix 1;

- structure of State commission of the Kyrgyz Republic on radio frequencies according to appendix 2.

2. This resolution becomes effective after seven days from the date of official publication.

Appendix 1

Regulations on State commission of the Kyrgyz Republic on radio frequencies

1. General provisions

1. State commission of the Kyrgyz Republic on radio frequencies (further - GKRCh) coordinates activities of the ministries and administrative departments of the Kyrgyz Republic in the field of use of radio-frequency range.

GKRCh performs the activities on joint basis and the public beginnings without formation of legal entity.

2. GKRCh in the activities is guided by the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About electric and mail service", other regulatory legal acts of the Kyrgyz Republic, international treaties which participant is the Kyrgyz Republic, rules and recommendations of the International Union of Telecommunication (IUT) applicable in the Kyrgyz Republic and this Provision.

2. Tasks and GKRCh functions

3. The main objectives of GKRCh are:

- implementation of planning in the field of management of use of radio-frequency range;

- creation of conditions for ensuring requirements of communication for needs of public administration, defense and safety of the country.

4. The following functions are assigned to GKRCh:

- development of recommendations, general procedural rules and determination of procedure for use of radio-frequency range in the territory of the Kyrgyz Republic;

- planning and creation of the National table of distribution of radio frequencies between radio services and the long-term concept of development of radio-electronic means and systems in the Kyrgyz Republic.

3. Rights of GKRCh

5. GKRCh has the right:

- forbid (to limit) use in the territory of the Kyrgyz Republic of radio frequencies in case of violation of established procedure of their use;

- stop (to cancel) action of earlier made decisions of State commission of the Kyrgyz Republic on radio frequencies on allocation of strips (nominals of frequencies) taking into account parts 4 and 5 of article 9 of the Law of the Kyrgyz Republic "About electric and mail service";

- stop and forbid development and production of the radio-electronic means, electric equipment and other technical means which are not answering to regulations of radio emissions and radio acceptance or regulations of the allowed industrial radio noise.

6. In the activities State commission of the Kyrgyz Republic on radio frequencies considers:

- the current and perspective demands of the Cabinet of Ministers of the Kyrgyz Republic in radio-frequency range for the purposes of national defense, safety, protection of law and order and mitigation of consequences of emergency situations, and also for other government purposes;

- need of effective use of radio-frequency range taking into account the existing and future needs of operators of telecommunication, mass media and other users, and also need of support and development of new types of service.

4. Structure of GKRCh

7. GKRCh consists of the chairman, his deputy, the responsible secretary and members of GKRCh.

8. GKRCh is headed by the chairman who directs activities of GKRCh.

9. In case of release of members of GKRCh from posts their functions as a part of GKRCh are performed by persons who are again appointed to the corresponding positions.

5. Procedure for decision making of GKRCh

10. The meeting of GKRCh is held as required, but at least once a year.

Members of GKRCh have the equal right of voice in case of discussion of the questions considered at meeting and adoption of decisions on them.

The responsible secretary participates at meeting of GKRCh without voting power.

The meeting of GKRCh is considered competent if at it there are at least a half of her members.

Decisions of GKRCh are made by open voting, the members of the commission who by a majority vote are present.

In case of equality of votes the voice of the chairman is decisive.

10-1. The meeting of GKRCh according to the decision of the chairman of GKRCh can be held by means of video conferencing.

10-2. On single questions, being urgent, or on questions in which discussion at meetings of GKRCh there is no need GKRCh can make decisions without holding meeting by written poll of members of GKRCh.

The decision of GKRCh made by written poll is considered competent if the draft decision GKRCh is approved with most of members of GKRCh.

11. Meetings of GKRCh are drawn up by legal decisions.

12. The secretary informs members of the commission on the place, time, the agenda of commission session and the draft decision not later than 5 working days prior to meeting with the direction of materials according to the agenda.

13. In case of submission of information of confidential nature participants of meeting shall observe its secret.

Determination of confidentiality level belongs to the chairman of meeting.

14. Preparation of necessary documents, rendering the Kyrgyz Republic to organizational, methodical and other help to State commission on radio frequencies, and also accomplishment of its decisions are assigned to authorized state body on communication.

Appendix 2

Structure of State commission of the Kyrgyz Republic on radio frequencies

The deputy minister of digital development of the Kyrgyz Republic, the chairman of State commission of the Kyrgyz Republic on radio frequencies;

the vice-chairman of the State committee of homeland security of the Kyrgyz Republic, the vice-chairman of State commission of the Kyrgyz Republic on radio frequencies.

Members of the commission:

deputy minister of internal affairs of the Kyrgyz Republic;

deputy minister of transport and communications of the Kyrgyz Republic;

deputy minister of emergency situations of the Kyrgyz Republic;

first deputy chief of the General Staff of Armed Forces of the Kyrgyz Republic;

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