ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2011 No. 1718

About approval of Rules of rendering communication services

According to subitem 14-7) of article 7 of the Law of the Republic of Kazakhstan of July 5, 2004 "About communication" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of rendering services of telephone communication;

2) Rules of rendering services of cellular communication;

3) Rules of rendering services of Internet access.

2. This resolution becomes effective after ten calendar days from the date of the first official publication, except for Items 30 and 31 of Rules of rendering services of Internet access which become effective since January 1, 2012.

Approved by the order of the Government of the Republic of Kazakhstan of December 30, 2011 No. 1718

Rules of rendering services of telephone communication

1. General provisions

1. These rules of rendering services of telephone communication (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan of July 1, 1999, the Law of the Republic of Kazakhstan of July 5, 2004 "About communication" (further - the Law "About Communication") and determine procedure for rendering services of the fixed telephone communication (further - services of telephone communication).

2. These rules do not regulate rendering services of telephone communication by means of mobile network of radiotelephone or radio communication, the corporate and allocated network of the telecommunications which do not have entry into network of telecommunications public.

3. The basic concepts used in these rules:

1) the subscriber - physical person or legal entity with which the service provision agreement of communication with allocation for these purposes of subscriber line, subscriber number and (or) identification code is signed;

2) office information on subscribers - the information about subscribers (telephone numbers, the postal address, individual identification number for physical persons and details (business and identification number, these certificates on registration on the value added tax) for legal entities), billing data and data on the services provided to subscribers;

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 - the telephone number selected to the subscriber in case of the conclusion of the service provision agreement of telephone communication according to which the terminal connected to telephone network in case of connection with it of other terminals 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) automatic system of servicing - method of telephone connection without custom system of servicing in case of which the user independently dials the subscriber number necessary for connection with the called terminal;

7) intra-zone telephone communication - telephone connection between the user (terminal) equipment connected to local telephone network and placed within one zone of numbering;

8) 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;

9) communication network - the technological system including means and communication lines which are intended for telecommunications or mail service;

10) management of communication network - set of the organizational and technical actions aimed at providing functioning of communication network, including regulation of flow of loading (traffic);

11) communication lines - transmission lines (cable, radio relay, satellite and others), physical chains and linearly - cable constructions of communication, including main (international and long-distance);

12) communication services - activities for acceptance, processing, storage, transfer, transportation, delivery of post and special departures, postal money transfers or messages of telecommunications;

13) rendering communication services - the activities of telecom operators consisting in provision to users of communication services;

14) the user services of telephone communication (further - the user) - the physical person or legal entity receiving services of telephone communication;

15) the telecom operator - the physical person or legal entity rendering communication services;

16) the action area of the telecom operator - the territory in which the telecom operator renders services of telephone communication;

17) billing - the hardware and software system intended for automatic accomplishment of transactions of accounting of the services provided to subscribers and also their tariffing and drawing of accounts for payment;

18) the connecting line - complex of the technical means including the communication line and parts of the station equipment, providing interaction between the attaching and attached networks of telecommunications;

19) local network of telecommunications - network and means of telecommunications intended for implementation of electric communication in the territory of the settlement. Local networks of telecommunications are subdivided on city and rural depending on the status of the settlement;

20) local telephone communication - telephone connection between the subscribers, users who are in limits of one local network of telecommunications;

21) system of time accounting of cost of local telephone connections (further - time accounting of local telephone connections) - set of technology of accounting methods of the local telephone connections providing calculation of payment amount for use of services of local network of telecommunications;

22) custom system of servicing - system of consumer service of services of telecommunications in their address for provision of different types of telephone connections (the international, long distance, local, cellular communication, etc.) and other additional types of service, during provision of telephone connections during certain time semi-automatic and manual by methods, by means of one and/or more operators-operators with use of the equipment of manual servicing;

23) the combined payment system of services - payment system in case of which the payment amount of the user of communication for certain period of time consists from:

permanent component - payments for provision of subscriber line irrespective of its type in permanent use to the subscriber and certain quantity of units of tariffing of local connections;

time component - payments for provision of telephone connection depending on its actual duration in terms of tariffing;

24) time payment system of services - payment system of services in case of which the payment amount of the user of communication for certain period of time includes payment for provision of telephone connection depending on its actual duration in terms of tariffing;

25) network of telecommunications public - the network of telecommunications available to use to physical persons and legal entities;

26) tariffing unit - unit of measure of time, quantity or amount of information for which the payment for the corresponding type communication services which is obligatory for telecom operators and owners of networks of all categories entering into single network of telecommunications of the Republic of Kazakhstan is levied;

27) network of telecommunications - the set of means of the telecommunications and communication lines providing transmission of messages of telecommunications, consisting of the switching equipment (the stations, substations, concentrators), linearly - cable constructions (subscriber, connecting lines and channels), systems of transfer and subscriber devices;

28) the owner of network of telecommunications - physical person or legal entity which possesses part of network of telecommunications public and (or) the corresponding category of single network of telecommunications;

29) means of telecommunications (means of communication) - the technical devices, the equipment, systems and software allowing to create, transfer, accept, to store, process, switch electromagnetic or optical signals or to manage them;

30) messages of telecommunications - information transmitted by telecommunications;

31) the organization of subscriber access to network of telecommunications - the organizational and technical actions for connection to network of telecommunications public providing possibility of rendering services of telephone communication;

32) the subscriber fixed payment system of services of telephone connections (further - subscriber payment system of services) - payment system of services in case of which the payment amount of the user of communication for certain period of time includes payment for provision of subscriber line irrespective of its type in permanent use to the subscriber and payment for provision of local telephone connection depending on its average duration counting on one subscriber;

33) the terminal - the terminal equipment connected to subscriber line as means of forming of voice information, written text, images and other methods of forming of signals for transfer and (or) acceptance on communication channels of information set by the user;

34) the coupled scheme of turning on of terminals - method of turning on of two terminals in single subscriber line in case of which connection for these two terminals is impossible at the same time;

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