of May 2, 2017 No. 238
About approval of Rules of carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators, requirements to telecom operators on rendering universal communication services, the list of universal communication services and recognition voided some decisions of the Government of the Republic of Kazakhstan
According to the subitem 14) 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:
2) requirements to telecom operators on rendering universal communication services;
3) list of universal communication services.
2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.
3. This resolution becomes effective from the date of its first official publication, except for the subitem 3) of Item 1 of the resolution which becomes effective since January 1, 2017.
Prime Minister of the Republic of Kazakhstan
B. Sagintayev
Approved by the Order of the Government of the Republic of Kazakhstan of May 2, 2017 No. 238
1. These rules of carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators (further - Rules), are developed according to the laws of the Republic of Kazakhstan "About communication", "About mail" and determine procedure for carrying out tender by determination of operators of universal servicing, including calculation of the size of subsidies and procedure for assignment of obligation by authorized body for rendering universal services on telecom operators.
2. The purpose of carrying out tender is determination of operators of universal servicing for rendering the established list of universal communication services by them.
3. The used basic concepts:
1) the operator of universal servicing – the telecom operator rendering communication services to whom according to the legislation of the Republic of Kazakhstan the obligation on rendering universal communication services is assigned;
2) universal communication services – the minimum list of communication services which is fixed in the sector of telecommunications and mail service, developed by authorized body and approved by the Government of the Republic of Kazakhstan, rendering communication services to any user in any settlement in the set time with which established quality and price level, these services providing availability, is obligatory for operators of universal servicing;
3) 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;
4) authorized body – 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.
4. The authorized body acts as the organizer of tender (further – the organizer).
The organizer approves structure of tender committee, the tender documentation, terms of carrying out tender and term of placement of the announcement of carrying out tender in mass media.
5. Competition is held by the organizer by open method in the 4th quarter of the year preceding year of rendering universal communication services to which to participation telecom operators are allowed.
The telecom operator and its affiliate cannot participate in tender on one lot.
6. Carrying out tender is based on the principles:
1) legality;
2) fair competition;
3) justice;
4) equal rights and legitimate interests of participants.
7. Prior to carrying out tender the organizer annually places the announcement of carrying out tender in mass media.
8. The announcement includes the following data:
1) the name and the location of authorized body in the field of communication;
2) final term of submission of bids;
3) time, date and venue of tender;
4) list of universal services;
5) the list of necessary documents for participation in tender;
6) place and methods of receipt of competitive documents.
9. The tender committee consists of the chairman, the vice-chairman, members and the secretary of the commission. The chairman, the vice-chairman and members of the commission participate in vote, the secretary of the commission has no right to vote.
The total quantity of the members of tender committee having the vote right constitutes odd number (at least five people).
10. The chairman of tender committee directs its activities, presides over meetings of tender committee, plans its work and exercises general control over implementation of its decisions.
During absence of the chairman of its function the deputy carries out.
11. Decisions of tender committee are made by open voting and are considered accepted if for them the majority of votes from total quantity of members of tender committee is given.
In case of equality of votes the decision for which the commission chairman voted is deemed accepted.
12. Solutions of tender committee are drawn up by protocols which are in accordance with the established procedure prepared by the secretary of the commission and signed by the chairman, the vice-chairman and members of the commission.
13. The tender documentation submitted by the organizer to telecom operators contains:
1) the list of lots with action areas of the telecom operator;
2) the technical specification about the description of the works specified in lots;
3) the draft agreement about subsidizing of cost of universal communication services.
14. The telecom operator makes in writing inquiry about explanation of provisions of the tender documentation, but no later than ten calendar days before the expiration of final term of submission of bids. The organizer in three-day time from the moment of registration of request answers it.
15. The bid submitted by the telecom operator who showed willingness to participate in tender contains:
1) the original of the certificate of bank (banks) of lack of overdue debt of the telecom operator more than in three months preceding date of opening of envelopes with bids before bank (banks) (if the telecom operator is client of several banks of the second level or branches, and also foreign bank, this reference is submitted from each of such banks) signed by the first head or person replacing it with seal of bank (banks);
2) the paper copy of the electronic document (the reference of the established form of the relevant tax authority) on absence or availability of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions, assignments and (or) fees on compulsory social medical insurance and to social assignments more than in three months preceding date of opening of envelopes with bids, except as specified when the payment due date is delayed according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)", certified by The Government for Citizens State corporation;
3) reasonable cost on each universal service from the list of universal communication services which will be rendered by the telecom operator;
4) the actual and forecast amounts on each of services of the list of universal communication services which will be rendered by the telecom operator;
5) the detailed description of the main technical and operational characteristics of the universal communication services rendered by them;
6) the available resources necessary for proper and continuous rendering universal communication services.
16. The calculations and confirmatory materials attached to the tender documentation are constituted according to the following requirements:
1) materials of tender are stitched, numbered and certified by seal and the signature of the head of the telecom operator;
2) financial records are signed by the head and the chief accountant of the telecom operator or persons replacing them and certified by seal of the telecom operator.
17. The term of submission of bids constitutes 30 calendar days from the moment of publication of the announcement.
18. Without opening all bids received by the organizer (his responsible person) after the expiration of submission of bids deviate and return to the telecom operators which provided them.
19. The telecom operator can change or withdraw the bid before the expiration of submission of bids. Change is prepared, sealed and it is represented as well as the bid. Such change or the notification on response are valid if they are received by the organizer before the expiration of final term of submission of bids.
20. Changes in bids after the expiration of submission of bids are not allowed.
21. In case of withdrawal of the registered request, the telecom operator sends the written notice to the organizer.
22. Application for participation in tender is performed by the representative of the telecom operator to presentation to the drawn-up power of attorney certifying its right to act on behalf of the telecom operator.
23. The organizer within 5 calendar days from the date of the termination of term of submission of bids transfers documents of tender committee.
24. When opening envelopes with bids the tender committee announces to the present persons:
1) names and the location of the telecom operators participating in tender;
2) information requested by them according to Item 14 of these rules, information on response and change of bids if they are reflected documentary;
3) about availability or lack of the documents constituting the bid.
25. When opening envelopes with bids the secretary of tender committee constitutes the protocol of opening which is signed by the chairman of tender committee, his deputy, members and the secretary of tender committee.
26. Copies of the protocol go no later than two working days from the date of opening of envelopes to participants of tender in time.
27. The tender committee studies bids regarding their completeness, availability of mistakes in calculations, all signatures on documents, and also checks correctness of execution of requests in general.
28. The tender committee within 5 working days estimates, compares bids on compliance to requirements to telecom operators on rendering universal communication services, completeness of documents and determines the won bid.
29. The tender committee by vote determines the winner of tender. By results of tender by the organizer the order on the won operator on rendering universal communication services in certain territory is issued. Within three working days from the date of summing up tender the organizer in writing notifies the winner of tender that its bid is recognized as won.
30. The organizer within three working days from the date of summing up tender informs all taken part telecom operators by publication on own Internet resource of results of tender with indication of its name, the winner and his address, the name and the size of subsidies offered by the winner of tender.
The agreement on subsidizing of cost of universal communication services is signed within 10 working days after the notice of the winner of tender, but no later than December 31 of the year preceding year of rendering universal communication services.
31. The agreement on subsidizing of cost of universal communication services becomes effective from the moment of the conclusion of the agreement.
32. All disputes which arose by results of the held competition are considered by authorized body. The decision of authorized body made by results of consideration of dispute can be appealed judicially according to the civil procedural legislation of the Republic of Kazakhstan.
33. Losses for rendering universal communication services in rural settlements are subject to subsidizing if it was determined by results of tender or conditions of assignment of obligations on provision of universal communication services on the telecom operator.
34. Losses for rendering universal communication services in the cities are not subsidized.
35. The size of subsidies is determined under the terms of tender or assignment of obligations by provision of universal communication services on the telecom operator, cannot exceed the size of subsidies provided in the republican budget for the corresponding financial year and is determined as difference between expenses and the actual income from rendering unprofitable universal communication services.
36. In cases of lack of bids or impossibility of identification of the winner, rendering universal communication services from the list of universal communication services is assigned by authorized body to the telecom operator occupying the greatest market share on these types of service in this territory. The market share occupied by the telecom operator is determined by authorized body based on the analysis of the corresponding market of services. Assignment of obligation by authorized body on rendering universal services on telecom operators is drawn up in the form of the order of authorized body.
37. The copy of the order on assignment of obligation by authorized body on rendering universal services within three working days goes to the corresponding telecom operator for the conclusion of the agreement on subsidizing of cost of universal communication services to telecom operators.
38. Within ten working days after the edition the authorized body of the order signs the contract with the telecom operator for rendering the universal communication services fixed in the sector of telecommunications and mail service.
Approved by the Order of the Government of the Republic of Kazakhstan of May 2, 2017 No. 238
The following requirements are imposed to telecom operators on rendering universal communication services:
1) for rendering services in the sector of telecommunications – availability of the network of telecommunications satisfying needs of users of services of the telecom operator for availability, quality and the price of provision of universal communication services;
2) for rendering services in the sector of mail service – availability of the post network satisfying needs of users of services of the operator of mail for availability, quality and the price of provision of universal services of mail service.
Approved by the Order of the Government of the Republic of Kazakhstan of May 2, 2017 , No. 238
|
№ of payment order |
Name of universal services |
|
1 |
2 |
|
The list of communication services fixed in the sector of telecommunications | |
|
1. |
Services of individual Internet access with speed of connection from 2 Mbps to 8 Mbps |
|
2. |
Services of individual Internet access in technology of fiber-optic communication links with speed of connection more than 8 Mbps |
|
3. |
Services of local telephone communication, except for the subscribers subsidized on service of individual Internet access |
|
The list of communication services fixed in the sector of mail service | |
|
4. |
Services in transfer of not registered letter |
|
5. |
Services in transfer of not registered postcard |
|
6. |
Services in transfer of not registered parcel post |
|
7. |
Services in distribution of periodic printing editions in subscription |
Appendix
to the Order of the Government of the Republic of Kazakhstan of May 2, 2017 No. 238
1. The order of the Government of the Republic of Kazakhstan of September 30, 2004 No. 1012 "About approval of Rules of carrying out tender on the right of rendering universal services of telecommunications" (SAPP of the Republic of Kazakhstan, 2004, No. 36, the Art. 482).
2. The order of the Government of the Republic of Kazakhstan of March 31, 2009 No. 451 "About approval of the list of universal services of telecommunication and Rules of subsidizing of cost of universal services of telecommunication" (SAPP of the Republic of Kazakhstan, 2009, No. 17, the Art. 153).
3. The order of the Government of the Republic of Kazakhstan of September 16, 2013 No. 969 "About modification of the order of the Government of the Republic of Kazakhstan of March 31, 2009 No. 451 "About approval of the list of universal services of telecommunications and Rules of subsidizing of cost of universal services of telecommunications" (SAPP of the Republic of Kazakhstan, 2013, No. 54, the Art. 759).
4. The order of the Government of the Republic of Kazakhstan of November 25, 2014 No. 1231 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of March 31, 2009 No. 451 "About approval of the list of universal services of telecommunications and Rules of subsidizing of cost of universal services of telecommunications" (SAPP of the Republic of Kazakhstan, 2014, Art. No. 72-73, 653).
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The document ceased to be valid since August 21, 2023 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of August 17, 2023 No. 691
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