ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 19, 2016 No. 11

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 Item 1 of article 43-1 of the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts" 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) following changes and amendment:

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:

the fourth and the subitem 1) of Item 1 to state part in the following edition:

"Actions of these rules, except for Item 57 of these rules, does not extend:

1) on RES and VChU which are determined in the list of radio-electronic means and high-frequency devices according to appendix 1 to these rules;";

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

"15) radio relay lines (further - RRL) - radio communication on the line formed by chain of send-receive (relaying) radio stations including radio bridges with topology "point-to-point";";

to state part one of 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) or through The Government for Citizens State corporation (further - the State corporation) to territorial subdivision of authorized body in the place of use of RChR for receipt of the following permissions:";

exclude Item 8;

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

"1) within three working days directs the request for carrying out reconciliation procedure of RChR with the central executive body of military management of the Republic of Kazakhstan - the Ministry of Defence of the Republic of Kazakhstan (further - the Ministry of Defence) according to the National table.

The term of consideration of request constitutes no more than ten working days from the moment of intake of materials. If the declared strips (nominals) of radio frequencies cannot be approved, the Ministry of Defence directs reasonable written refusal to authorized body;";

state Item 31 in the following edition:

"31. Permission to RChS is renewed without holding the procedure specified in Item 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) licenses for activities in the field of communication;

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.";

state Item 32 in the following edition:

"32. In other cases Permission to RChS is renewed after passing of the procedures specified in Items 12-15 of these rules.";

to state part one of Item 33 in the following edition:

"33. For renewal and receipt of the duplicate of Permission to RChS by the applicant the application in form according to appendix of 2 these rules in electronic form by means of the Portal or through the State corporation is submitted to territorial subdivision of authorized body in the place of use of RChR.";

state Items 35 and 36 in the following edition:

"35. In time no more than ten working days from the moment of receipt of the request from territorial subdivision renew authorized body, cancels or issues the duplicate of Permission to RChS.

In the territorial subdivision and the Public technical service renewed, cancelled or the issued duplicate of Permission to RChS arrives in electronic form by means of the Portal.

After cancellation of Permission to RChS, the permission to operate RES and VChU is cancelled.

36. TV, radio of the company, the operators of TV and radio broadcasting performing activities by means of analog signal bring in the government budget collection for issue of Permission to RChS according to the Tax code, in cases:

1) renewals, receipts of the duplicate of earlier issued Permission to RChS (the duplicate of Permission to RChS);

2) transfer of Permission to RChS with paper on electronic format by means of the Portal.";

to state part one of Item 37 in the following edition:

"37. In case of refusal in use of RChS, the user submits in electronic form by means of the Portal or through the State corporation to territorial subdivision the following documents for cancellation of Permission to RChS:";

state Item 38 in the following edition:

"38. Permission to RChS is withdrawn, in cases:

1) untimely payment in the government budget of payment for three quarters of use of RChS according to Item 24 of these rules;

2) non-uses of strips (nominals) of radio frequencies within year which is confirmed by results of monitoring of the radio-frequency range which is carried out by territorial subdivision according to the procedure of the Republic of Kazakhstan established by the legislation;

3) failures to carry out to mobile operators of obligations on providing services for communication of the settlements and (or) the territories specified in Permission to RChS.";

add with Item 45-1 of the following content:

"45-1. In case of need carrying out the international coordination for RES when calculating EMS of RES with the border states, the Public technical service prepares coordination forms and sends to authorized body.

In case:

1) positive result of the procedure of the international coordination, the Public technical service draws up EMS RES according to Item 45 of these rules;

2) negative result of the procedure of the international coordination, the Public technical service notifies on it the applicant, territorial subdivision.";

state Item 46 in the following edition:

"46. Recovery and (or) renewal of the original of the conclusion EMS of RES and VChU is made, in cases:

1) losses of the original of the conclusion EMS (if it is issued in paper form);

2) if the legal entity is legal successor of the reorganized legal entity, at the same time, the RES technical parameters and geographical coordinates of arrangement of RES did not change.

Issue of such document is performed without conducting examination EMS by RES no more than three working days in time, and also in accordance with the terms of the contract between the applicant and the Public technical service.

In case of change of surname, name, middle name of physical person or the name of the legal entity and at the same time if the RES technical parameters and geographical coordinates of arrangement of RES renewal of the conclusion did not change EMS of RES and VChU is not required.";

5) of Item 48 to state the subitem in the following edition::

"5) the questionnaire on RES of the established sample in form, according to appendices 3, 4, 5, 6, 7, 8, 9 to these rules, VChU in form, according to appendix 20 to these rules.

In case of receipt of the conclusion EMS of RES and VChU in electronic form, the questionnaire on RES is not required.";

to state part one of Item 50 in the following edition:

"50. In case of change of the territory of operation of RES and VChU, replacement of RES and VChU the owner or the applicant draws up the new permission to operate RES and VChU according to Item 48 of these rules.";

state Item 53 in the following edition:

"53. Closing of radio network, their conclusion from operation are made with the notification of territorial subdivision in a month in writing.";

1, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 11, of 15, of 19, 21 and 22 to state appendices in edition according to appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, 12 and 13 to this order;

exclude appendix 12.

2. To committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan (Kazangap T. B.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within ten calendar days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) 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 for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication, but not earlier than March 1, 2016.

It is approved Minister of Finance of the Republic of Kazakhstan January 20, 2016

____________ B. Sultanov

It is approved Minister of Defence of the Republic of Kazakhstan January 21, 2016

____________ I. Tasmagambetov

It is approved Minister of Foreign Affairs of the Republic of Kazakhstan January 22, 2016

____________ E.Idrisov

It is approved Chairman of Committee of homeland security of the Republic of Kazakhstan January 25, 2016

____________ V. Zhumakanov

It is approved Minister of national economy of the Republic of Kazakhstan January 26, 2016

____________ E.Dosayev

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of January 19, 2016 No. 11

List of radio-electronic means and high-frequency devices *

№	Types of radio-electronic means and high-frequency means	The frequency range (to)	Admissible capacity of radiation of the transmitter, EIIM / Intensity of the field	Width of the used channel	Note
1	2	3	4	5	6
1.	The products of household appliances which are not containing the radio radiating devices and household radio-receiving devices		–
2.	High-frequency devices of household purpose		–
3.	Subscriber terminals of systems of wireless radio access (WLL), cellular communication networks (mobile phones, and also the modems used in cellular communication networks), including built in or being part of other devices.	–	–
4.	Subscriber terminals of the DECT standard	1880 – 1990 MHz	–		In compliance of the ETS-300 175, standard accepted by the European institute of standards of communication; average capacity of transmitters of base and subscriber stations shall not exceed 10 MW; the coefficient of strengthening of antennas shall be no more than 18 dBm

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