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

of September 5, 2024 No. 408-HK

About approval of Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

According to the subitem 2) of article 7 of the Law of the Republic of Kazakhstan "About mass media", with the subitem 18) of Item 15 of the Regulations on the Ministry of Culture and information of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 866, I ORDER:

1. Approve Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting according to appendix 1 to this order.

2. Recognize invalid some orders according to appendix 2 to this order.

3. To provide to committee of information of the Ministry of Culture and information 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 Culture and information of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Culture and information of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Culture and Information of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Culture and Information of the Republic of Kazakhstan of September 5, 2024 No. 408-HK

Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

Chapter 1. General provisions

1. These rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting (further - Rules), are developed according to the subitem 2) of article 7 of the Law of the Republic of Kazakhstan "About mass media", with the subitem 18) of Item 15 of the Regulations on the Ministry of Culture and information of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 866, and determine procedure for carrying out tender by forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting (further - tender).

2. Consideration of bids in form according to appendix 1 to these rules (further - the request) and development of recommendations about determination of winners is performed by the Commission on questions of development of TV and radio broadcasting (further - the Commission) created under authorized body in the field of mass media (further - authorized body).

Chapter 2. Procedure for carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

3. The authorized body which is working body of the Commission acts as the organizer of carrying out tender (further - the Organizer).

4. Forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting (further - the list), is performed depending on the circle of distribution of multichannel broadcasting (digital on-air, satellite TV and radio broadcasting).

Forming of the list is performed at least once in three years.

5. The information message about carrying out tender (further - the information message) is published in official mass media and on official Internet resource of authorized body at least in twenty calendar days prior to day of final order taking.

6. The information message includes the following data:

1) time, date and venue of tender;

2) data on radio television stations with indication of the name of settlements (territory);

3) place, terms of the beginning and end of order taking.

7. In case of withdrawal of the registered request the applicant sends the written notice to the Organizer.

Person performing order taking brings withdrawal of the request of applicants in the magazine of registration.

The requests and competitive offers according to appendix 2 to these rules which arrived after response are not accepted.

8. Application by the representative of the applicant is performed in case of presentation of the power of attorney certifying its right to act on behalf of the applicant of the Republic of Kazakhstan which is drawn up according to the Civil code.

9. The requests and competitive offers which arrived after the expiration of the order taking specified in the information message are not accepted.

The mark about refusal in adoption of the request becomes person performing order taking on the submitted request.

10. The organizer takes measures for ensuring safety of the requests submitted by applicants and competitive offers attached to them, and also confidentiality of information about persons who submitted applications, and contents of the competitive offers provided by them.

11. The request and competitive offers are presented by the applicant to the Organizer in the stitched form with the numbered pages, and the last page is certified it by the sign and seal (in the presence) of sealed envelope, including:

1) on the face of sealed envelope with the request the applicant specifies full name and the postal address of the Organizer and applicant;

Person performing order taking brings 2) in the magazine of registration of the requests which provided before the expiration of fixed term envelopes with requests.

12. The commission opens envelopes with requests in the terms and the place specified in the information message in the presence of applicants or their representatives.

Prior to commission session the secretary of the Commission checks documentary drawn up powers of representatives of applicants for representation of interests of applicants to implementation of the procedure of opening of envelopes with requests.

When opening each envelope with the request the secretary of the Commission announces information on the list of documents according to Item 11 of the these rules containing in envelope.

When opening envelopes with requests audio and/or video fixing of the procedure of verification of presence and correctness of execution of the request is made and the protocol of opening of envelopes with requests is drawn up.

The protocol of opening of envelopes with requests is signed by the chairman, the present members and the secretary of the Commission and vised polistno by the secretary of the Commission within two working days and contains the following data:

1) date, time and venue of commission session;

2) quantitative structure of the Commission, quorum availability;

3) full name, addresses of the applicants who provided requests at the scheduled time with indication of date and time of provision of requests;

4) information on the submitted documents (the request and all competitive offers attached to it), including compliance (discrepancy) to their appendices 1 and 2 to these rules.

13. In case of discrepancy of the request to form, and also not representation by applicants of the competitive offers provided by appendices 1 and 2 to these rules, the Commission within three working days from the date of opening of envelopes with the request sends to the applicant for the e-mail address specified in the request, the notification with appendix of the protocol of opening of envelopes with requests, and also the Organizer publishes on the Internet resource results of the procedure of opening of envelopes with requests.

Within three working days from the date of opening of envelopes with the request Organizer publishes on the Internet resource the protocol of opening of envelopes with requests.

Within three working days from the date of receipt of the notification with the protocol of opening of envelopes with requests the applicant submits the Commissions the brought into accord the request and competitive offers.

The Commission considers the requests and competitive offers brought into accord within two working days from the date of representation by the applicant.

In case of not reduction in request compliance to form, and also not representation by applicants of the competitive offers provided by appendices 1 and 2 to these rules, in time, specified in the notification, the Commission rejects the request of the applicant.

14. The commission in time no more than fifteen working days from the date of opening of envelopes:

Considers 1) regarding completeness and proper execution of requests and competitive offers;

2) rejects requests, according to Item 13 of these rules;

3) determines winners of tender according to Item 17 of these rules.

Rejected requests of applicants are specified in the protocol on tender results.

15. The request variation on absence reason of the applicant and/or his authorized representative on commission sessions is not allowed.

16. Applicants are recognized winners of tender if the simple majority of members of the commission voted for them. In case of equality of votes, the voice of the commission chairman is decisive.

The secretary is not member of the commission.

17. Determination of winners of tender is performed proceeding from:

ratios of amounts own TV, radio programs, purchased TV, radio programs and relaying;

broadcasting amount in Kazakh;

average daily time of broadcasting;

personnel potential;

material security for production TV, radio programs;

solvency and financial stability of the applicant.

18. Results of tender are drawn up by the protocol on tender results with indication of winners of tender and applicants who did not undergo tender.

To the applicant the notification with appendix of the draft of the protocol on tender results not later than three working days before its signing goes.

The applicant provides objection to the preliminary draft of the protocol on tender results on the e-mail address of the Commission k.kense@mki.gov.kz no later than two working days from the date of receipt of the notification with the draft of the protocol on tender results in time.

Consideration of objections, in case of their receipt, is performed by the Commission in time no more than two working days from the date of their receipt.

Decisions of the Commission on the arrived objections are made by open voting and are considered accepted if for them the majority of votes from total quantity of members of the commission is given. In case of equality of votes the decision for which the chairman voted is deemed accepted.

After consideration of objections, in case of their receipt, the chairman and members of the commission sign the protocol on tender results.

The protocol on results of tender contains the following information:

1) about the place and time of summing up;

2) about requests of the applicants allowed to participation in tender;

3) about tender results with indication of the winner of tender and reserve TV, radio channels;

4) about the applicants who did not undergo tender;

5) about availability or lack of the arrived objections of applicants to the preliminary draft of the protocol on tender results, and also results of their consideration.

Within two working days the information message about results of tender is placed on official Internet resource of authorized body.

On official Internet resource of the Organizer the list in time no later than two working days from the date of approval by its authorized body is placed.

Appendix 1

to Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

Form

The bid on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

General information:

1. Full name of legal person / surname, name, middle name (in case of its availability) physical person:

____________________________________________________________________

2. Legal адрес:___________________________________________

3. Contact phone numbers, e-mail address: _________________

4. The name TV, radio channel according to the certificate on statement on учет:___________________________________________________

5. Thematic направленность:___________________________________

6. The distribution territory for forming of the list on network of digital on-air TV and radio broadcasting (the name of settlements where radio television stations are placed):

_______________________________________________________________

7. For forming of the list on network of digital satellite TV and radio broadcasting (the territory of the Republic of Kazakhstan or administrative and territorial unit of regional value):

_______________________________________________________________

8. Circle of distribution of multichannel broadcasting (digital / radio / satellite):

_______________________________________________________________

9. Surname, name, middle name (in case of its availability) the applicant's representative:

_________________________________________________________________

The enclosed documents:

1.______________________________________________________________

2.______________________________________________________________

3.______________________________________________________________

Signature of the first head / individual entrepreneur / representative of the applicant

Locus sigilli (in the presence)

"___" ___________ 20 ___ year

Appendix 2

to Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting

Competitive offers

Competitive offers contain the following Sections:

1. Creative offers

The applicant represents:

1) broadcasting schedule TV, radio channel (the next month);

2) information containing the following data:

thematic orientation TV, radio channel and their genre ratio (information, analytical, publicistic, youth and children's, musical TV, radio programs and art, documentaries);

language ratio of broadcasting, time of broadcasting TV, radio programs in Kazakh;

ratio own TV, radio programs, purchased TV, radio programs and relaying;

average daily time of broadcasting;

personnel potential of creative and technical specialists in quantitative expression.

2. Technical proposals

The applicant represents:

1) information on availability, condition and type of the stationary studio equipment of production TV, radio programs;

2) technical characteristics of hardware and studio complex;

3) obligations on issue in ether TV, radio programs with high quality of sound and the image with indication of the corresponding standards;

4) information on location of studio complex, method of giving TV, radio channel to network of the national operator;

5) the obligation on ensuring delivery of signal (TV, radio channel) to network of the national operator within six months.

3. Legal and financial offers

The documents confirming solvency:

1) the statement (i) about remaining balance and movement of money on accounts of the applicant in banks of the second level of the Republic of Kazakhstan;

2) the financial reporting of the applicant constituted according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting for the previous calendar year preceding date of application, and for the applicants participating in tender for distribution in the territory of the Republic of Kazakhstan, the financial reporting confirmed with the audit report constituted according to the legislation of the Republic of Kazakhstan on auditor activities;

3) data on absence (availability) at the applicant of debt according to which account is kept in tax authority, the publications of the information message issued not earlier than date;

4) the certificate of lack of overdue debt to the national operator of TV and radio broadcasting for distribution TV, radio channel on the network of digital on-air and satellite TV and radio broadcasting lasting more than one month preceding date of issue of the reference the national operator of TV and radio broadcasting.

Appendix 2

to the Order of the Minister of Culture and Information of the Republic of Kazakhstan of September 5, 2024 No. 408-HK

List of invalid some orders

1. The order of the Minister of investments and development of the Republic of Kazakhstan of April 28, 2015 No. 494 "About approval of Rules of carrying out tender on forming of the list TV, the radio channels of open entry extended by the national operator of TV and radio broadcasting" (it is registered in the Register of state registration of regulatory legal acts No. 11272).

2. Item 3 of the list of some normative legal orders in the field of information and communications to which changes are made the Minister of information and communications of the Republic of Kazakhstan approved by the order of August 17, 2017 No. 309 "About introduction of amendments to some normative legal orders in the field of information and communications" (it is registered in the Register of state registration of regulatory legal acts No. 15831).

3. Item 3 of the list of some orders of the Minister of investments and development of the Republic of Kazakhstan to which changes are made the Minister of information and social development of the Republic of Kazakhstan approved by the order of January 17, 2020 No. 14 "About introduction of amendments to some orders of the Minister of investments and development of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts No. 19901).

4. Item 3 of the list of some orders of the Minister of investments and development of the Republic of Kazakhstan to which changes and additions are made the Minister of information and social development of the Republic of Kazakhstan approved by the order of July 11, 2020 No. 226 "About introduction of amendments to some orders of the Minister of investments and development of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts No. 20960).

5. Item 3 of the list of some orders to which changes and additions are made the Minister of information and social development of the Republic of Kazakhstan approved by the order of December 30, 2021 No. 425 "About modification and amendments in some orders" (it is registered in the Register of state registration of regulatory legal acts No. 26378).

 

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