I.O.'S ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of September 20, 2023 No. 415/Tax Code

About approval of Rules of determination of the amount of one-time payment for implementation of business activity on rendering services in the field of communication with use of radio-frequency range

According to subitem 326-1) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501 "About measures for implementation of the Presidential decree of the Republic of Kazakhstan of June 17, 2019 No. 24 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules of determination of the amount of one-time payment for implementation of business activity on rendering services in the field of communication with use of radio-frequency range.

2. To provide to committee of telecommunications of the Ministry of digital development, innovations and aerospace industry 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;

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.

Approved by the Order of the acting minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of September 20, 2023 No. 415/Tax Code

Rules of determination of the amount of one-time payment for implementation of business activity on rendering services in the field of communication with use of radio-frequency range

Chapter 1. General provision

1. These rules of determination of the amount of one-time payment for implementation of business activity on rendering services in the field of communication with use of radio-frequency range (further - Rules) are developed according to subitem 326-1) of Item 15 of the Regulations on the Ministry of the digital development, innovations and the aerospace industry of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of July 12, 2019 No. 501 and establish procedure for determination of the amount of one-time payment for implementation of business activity on rendering services in the field of communication with use of radio-frequency range.

2. In these rules the following concepts are used:

1) the winner - the bidder who offered top price for lot;

2) the participant - the physical person or legal entity registered in the procedure established by these rules for participation in the biddings;

3) the guarantee fee is the sum of money equal to starting price of lot brought by the participant for participation in auction;

4) tender (auction) (further - the biddings) - form of the biddings in case of which participants declare the offers publicly, carried out with use of the web portal of the register in electronic format following the results of which the organizer shall appropriate (to grant right to use of radio-frequency range of strip of frequencies, radio frequencies (radio-frequency channels) to the winner;

5) tender committee - the collegiate organ created by the organizer for tendering;

6) radio-frequency range (further - RChS) - certain set of radio frequencies in the range from 3 kilohertzes to 400 gigahertzes;

7) lot RChS - the strips of frequencies approved by authorized body, radio frequencies (radio-frequency channels) with indication of certain range of width of strip of frequencies of each lot, nominals of frequencies, the territories of use, technology/type of communication, obligations on providing services for communication of settlements and (or) the territories, starting price, the right to use whom it is presented to the winner of tender (auction);

8) final price (one-time payment) - the highest price of lot established as a result of the biddings;

9) the web portal of the register - the Internet resource placed on the Internet to the address: www.gosreestr.kz providing single point of access to the electronic database about objects of sale of the register of state-owned property;

10) authorized body (organizer) - the central executive body determined by the Government of the Republic of Kazakhstan, enabling the realization of state policy in the field of communication, the state control, coordination and regulation of activities of persons providing services in the field of communication or using them.

Chapter 2. Procedure for determination of the amount of one-time payment for implementation of business activity on rendering services in the field of communication with use of radio-frequency range

3. The one-time payment for implementation of business activity in the field of communication with use of radio-frequency range is determined by rendering services following the results of the biddings, the assignment of strips of frequencies, radio frequencies (radio-frequency channels) which is carried out by authorized body according to Chapter 5 of Rules, operation of radio-electronic means and high-frequency devices, and also carrying out calculation of electromagnetic compatibility of radio-electronic means of the civil purpose of the Republic of Kazakhstan approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of January 21, 2015 No. 34 (it is registered in the Register of state registration of regulatory legal acts for No. 10730).

4. The biddings are carried out in two steps.

At the first stage of the biddings of the request are considered by members of tender committee on the web portal of the register for participation in the second stage of the biddings.

At the second stage of the biddings the auction on advance in price is held.

5. Starting price of lot at the biddings is established by the organizer at least fivefold annual rate of payment for use of RChS.

6. Final price (one-time payment) is determined based on the top price offered by the participant for RChS.

7. The protocol on results of the biddings is created by the web portal of the register and signed with use of the EDS by the organizer and the winner in day of tendering.

8. The winner shall within 60 (sixty) calendar days from signature date of the protocol on results of the biddings list in the income of the republican budget final price (one-time payment) for lot (minus the paid guarantee fee) on the details specified in the protocol on results of the biddings.

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