ORDER OF THE MINISTER OF INFORMATION AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of July 28, 2017 No. 270

About modification and amendments in the order of the acting minister on investments and development of the Republic of Kazakhstan of January 21, 2015 No. 34 "About approval of Rules of assignment of strips 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 appointment"

According to subitem 19-12) of Item 1 of article 8 of the Law of the Republic of Kazakhstan of July 5, 2004 "About communication" I ORDER:

1. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of January 21, 2015 No. 34 "About approval of Rules of assignment of strips 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 appointment" (registered in the Register of state registration of regulatory legal acts for No. 10730, published on April 20, 2015 in the Information system of law of Ad_let) the following changes and amendments:

in Rules of assignment of strips 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 the radio-electronic means of civil appointment approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

9) of Item 2 to state the subitem in the following edition:

"9) the applicant - physical person or legal entity, branch or representation of the legal entity, the licensee, the representative of the owner of radio-electronic means and (or) high-frequency devices or his authorized representative;";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for assignment of strips of frequencies, radio frequencies (radio-frequency channels)";

state item 4 in the following edition:

"4. The applicant submits the application in form, according to appendix 2 to these rules in electronic form by means of the web portal of "the electronic government" www.egov.kz (further - the Portal) in the place of use of RChR for receipt of the following permissions:

1) on use of radio-frequency range of the Republic of Kazakhstan according to the procedure, provided by Items 4-15 of these rules. The separate requisition is submitted for each type of communication;

2) on operation of radio-electronic means and high-frequency devices according to the procedure, provided by Items 47-58 of these rules.

Issue of permission at the ship station is performed in form, specified in Rules of radio communication of Sea mobile service of the Republic of Kazakhstan and Regulations of radio communication of International union of telecommunication.";

1) of Item 5 to state the subitem in the following edition:

"1) the explanatory note in which reasons for required strip (nominal) for radio frequencies where data on appointment and nature of the planned radio network (radio line), the used standards and protocols, technical characteristics of RES planned to application, the scheme of the organization of communication are in detail stated are given. Including, are applied to the explanatory note:

for the organization of satellite communication with the HUB station, the copy of the letter of the operator of satellite communication with indication of nominals (strip) of the allocated radio frequencies, EIIM, class of radiation, type of VSAT stations;

for exploitation of not geosynchronous companions in the territory of the Republic of Kazakhstan, the copy of the positive conclusion of International union of telecommunication of the request for registration of not geosynchronous satellite network according to Regulations of radio communication of International union of telecommunication;

for the purposes of TV and radio broadcasting positive result of the held competition on distribution of strips of frequencies, radio frequencies (radio-frequency channels);

for diplomatic and consular representations of foreign states in the territory of the Republic of Kazakhstan, the copy of the letter of the Ministry of Foreign Affairs of the Republic of Kazakhstan about consent to receipt of Permission to RChS in the territory of the Republic of Kazakhstan;";

exclude Item 7;

state Item 11 in the following edition:

"11. Territorial subdivision of authorized body (further - territorial subdivision) after receipt of the request for receipt of Permission to RChS in case of correctness of execution of the request within two working days:

1) by all types of communication, except for types of communication of mobile service, network of wireless radio access (WLL), cellular communication, TV and RV sends the request to the Public technical service.

In the range 33-48,5 MHz; 57-57,5 MHz; 117, 975-137 MHz, 146-174 MHz, 380-385 MHz, 390-470 MHz according to the republican database of radio-frequency range for civil appointment prepare the technical conclusion in form according to appendix 13 to these rules;

2) by types of communication of network of wireless radio access (WLL), cellular communication, TV and RV sends the request for consideration in authorized body. The authorized body considers and sends the request to the Public technical service and (or) the Ministry of Defence of the Republic of Kazakhstan within two working days from the moment of receipt of the request.";

add with Item 11-1 of the following content:

"11-1. In case of the wrong execution of the request for receipt of Permission to RChS, territorial subdivision within two working days from the moment of receipt of the request prepares and directs to the applicant written motivated refusal in further review of the request.";

state Item 12 in the following edition:

"12. The public technical service within three working days from the moment of receipt of the request from territorial subdivision and (or) authorized body, carries out the procedure of predesign EMS of RES and VChU and in case:

1) positive result notifies the applicant, the territorial subdivision also sends the request to authorized body;

2) negative result is sent by reasonable written refusal to the applicant and notifies on it territorial subdivision and (or) authorized body, according to Item 10 of these rules.";

2) of Item 13 to state the subitem in the following edition:

"2) after positive result of approval of the Ministry of Defence, carries out the procedure of the international coordination of RChS with the border states for the purpose of ensuring smooth operation of RES and VChU without hindrances which need is determined by results of the carried-out predesign EMS of RES and VChU.

If when calculating EMS of RES and VChU comes to light that planned to installation in border zones of the Republic of Kazakhstan of RES and VChU will render hindrance on RES and VChU of the border state, then according to agreements between the adjacent states and (or) Regulations of radio communication of International union of telecommunication carrying out the international coordination is required. In this case, the term of consideration of the request constitutes no more than four months.

In need of carrying out the international coordination of RChS with the border states the authorized body sends previously within three working days to the applicant the notification on prolongation of term of consideration of the application.";

exclude Item 14;

state Item 15 in the following edition:

"15. Authorized body by result of the carried-out works specified in Item 13 of these rules within five working days from the moment of receipt of results of the procedure of approvals and (or) the international coordination:

1) in case of positive results of the procedure of approvals and the international coordination, draws up Permissions to RChS according to appendix 14 to these rules, with assignment of codes according to appendix 15 to these rules;

2) in case of negative results of reconciliation procedure, the authorized body notifies on it the applicant, territorial subdivision, the Public technical service, according to Item 10 of these rules.";

state Item 27 in the following edition:

"27. Permission to RChS is prolonged by the relevant territorial subdivision in the place of use of RChS annually with indication of effective period till March 25 of the next calendar year after provision of the supporting document about payment in the government budget for last year and the first part of annual payment for use of RChS. Record about prolongation is certified by the digital signature of the head of territorial subdivision.

The term of consideration of the request about prolongation Permission to RChS by territorial subdivision constitutes no more than five working days from the moment of receipt of the request.";

state Item 31 in the following edition:

"31. Permission to RChS is renewed without holding the procedures specified in Items 12-15 of these rules, in cases:

1) changes of surname, name, middle name of physical person or name of the legal entity;

2) obtaining (and/or renewals) the owner or the applicant of the license for activities in the field of communication and TV and radio broadcasting;

3) the terminations of lines for prolongation of Permission to RChS (if Permissions to RChS it was issued in paper form earlier);

4) if the legal entity is legal successor of the reorganized legal entity;

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