of March 31, 2023 No. 123/Tax Code
About introduction of amendments to the order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 171 "About approval of rules of rendering communication services"
I ORDER:
1. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 171 "About approval of Rules of rendering communication services" (it is registered in the Register of state registration of regulatory legal acts No. 10999) the following changes:
be reworded as follows Item 1:
"1. Approve the enclosed Rules of rendering communication services.";
to be reworded as follows appendix 1 to the specified order according to appendix to this order.
2. To provide to committee of telecommunications of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan after its official publication;
3) within ten working days after state registration of this order submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
3. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Acting Minister of digital development, innovations and aerospace industry of the Republic of Kazakhstan
B. Musin
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It is approved Agency on protection and development of the competition of the Republic of Kazakhstan |
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Appendix
to the Order of the Acting Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of March 31, 2023 No. 123/Tax Code
Appendix
to the Order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 171
1. These rules of rendering communication services (further – Rules) are developed according to subitem 19-14) of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About communication" (further – the Law) and determine procedure for rendering communication services.
2. Action of these rules extends to all telecom operators who according to the current legislation render services of the fixed telephone, cellular communication, Internet access by means of the fixed or mobile communication and technologically related services, and also on subscribers and (or) users these services.
3. In these rules the following basic concepts are used:
1) the subscriber – physical person or legal entity with which the service provision agreement of communication is signed;
2) office information on subscribers (further – office information) – the information about subscribers intended only for the purposes of carrying out counterintelligence activities and investigation and search operations on communication networks and including:
information on subscriber numbers, including data on individual identification numbers (for physical persons) or business and identification numbers (for legal entities) owners of subscriber numbers;
information on identification codes of subscriber devices of cellular communication, including data on individual identification numbers (for physical persons) or business and identification numbers (for legal entities) owners of subscriber devices of network of cellular communication;
billing data (data on the services received by the subscriber), basic data for the subsequent processing in billing system about the services provided by the telecom operator arrive from system of measurement of duration of connections and system of measurement of data transmission which are part of the switching equipment of network of telecommunications;
location of the subscriber device in network according to requirements of the technical regulation;
addresses in data transmission network;
addresses of the appeal to Internet resources in data transmission network;
Internet resource identifiers;
protocols of data transmission network;
3) subscriber line – the communication line which is part of local network of telecommunications and connecting the subscriber device to means of telecommunications of this network;
4) subscriber number – number selected in use to the subscriber in case of the conclusion of the service provision agreement of communication according to which the subscriber device by means of which connection with other subscriber equipment and allowing to identify the subscriber in network is established is identified;
5) the subscriber device – the means of communication of individual use creating signals of electric communication for transfer or acceptance of information set by the subscriber and connected to network of the telecom operator;
6) the statement of the subscriber – the address of the subscriber to the operator in writing, and also through automatic system of servicing or in reference service of the operator, including with use of multifactorial authentication;
7) automatic system of servicing – the complex system of servicing giving to the subscriber opportunity of connection or shutdown of communication services and technologically related services, tariff plan through personal account (by sending SMS, MMS-or the USSD request), or by use of the technical capabilities given by the operator.
8) zone telephone communication – telephone connection between the user (terminal) equipment connected to local network of telecommunications and placed within one zone of numbering;
9) communication channel – the complex of means of telecommunications and the circle of distribution providing signal transmission between means of telecommunications in strip of frequencies or with speed of the transfer characteristic of this communication channel. Depending on communication type channels are subdivided on telephone, cable, data transmission, and on territorial sign – on international, long-distance, zone and local;
10) communication lines – transmission lines (cable, radio relay, satellite and others), physical chains and linearly - cable constructions of communication, including main (international and long-distance);
11) communication services – activities for acceptance, processing, storage, transfer, transportation, delivery of post and special departures, postal money transfers or messages of telecommunications;
12) rendering communication services – the activities of telecom operators consisting in provision to users of the communication services given in the general qualifier of products of types of economic activity;
13) the telecom operator – the physical person or legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services and (or) operating communication networks;
14) the action area of the telecom operator – the territory in which the telecom operator guarantees rendering services of telephone communication according to opportunities of the network of telecommunications;
15) billing – the hardware program complex intended for automatic accomplishment of transactions of accounting of the services provided to subscribers and also their tariffing and drawing of accounts for payment.
16) settlement period of telephone communication and Internet access – the period after the end of the accounting period established by the telecom operator during which the subscriber pays the rendered services of the fixed telephone communication and Internet access;
17) settlement period of cellular communication – thirty calendar days after the end of the accounting period during which the subscriber pays the services of mobile operator in credit procedure of payments rendered to him.
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