Article 12. General provisions on the distribution of the radio frequency spectrum, allocation and assignment of frequency bands, radio frequencies (radio frequency channels) The Law on Communications
1. The use of the radio frequency spectrum in the Republic of Kazakhstan is carried out in accordance with the following principles:
1) permissive procedure for user access to the radio frequency spectrum;
2) the right of equal access of all users to the radio frequency spectrum, taking into account government priorities;
3) payment for the use of the radio frequency spectrum;
4) the inadmissibility of indefinite allocation, assignment (assignment) of frequency bands, radio frequencies (radio frequency channels);
5) conversion of the use of the radio frequency spectrum with reimbursement of expenses for this event;
6) transparency and openness of procedures for the distribution and use of the radio frequency spectrum.
2. The distribution of the radio frequency spectrum is carried out in accordance with the national Table of frequency band allocation between the radio services of the Republic of Kazakhstan in the frequency range from 3 kHz to 400 GHz for radio electronic devices of all purposes, approved by the authorized body in accordance with the Radio Regulations of the International Telecommunication Union.
3. The procedure for the allocation, allocation and assignment of frequency bands, radio frequencies (radio frequency channels) for electronic devices of all purposes is developed by radio frequency authorities.
The distribution of frequency bands, radio frequencies (radio frequency channels) for television and radio broadcasting purposes is carried out on a competitive basis in accordance with the legislation of the Republic of Kazakhstan, except in cases of transfer of previously issued competitive frequency bands, radio frequencies (radio frequency channels) between legal entities, more than fifty percent of shares (shares in the authorized capital) of which belong to the state, without changing the purposes of their use of frequency bands, radio frequencies (radio frequency channels) for broadcasting.
In order to ensure the broadcasting of free-access television and radio channels throughout the territory of the Republic of Kazakhstan, frequency bands and radio frequencies (radio frequency channels) are allocated to the national television and radio broadcasting operator without holding a contest.
4. Frequency assignments may be changed in the interests of ensuring public administration, defense, security and law enforcement in the Republic of Kazakhstan, while compensating business entities operating in the field of communications for damage related to the transition to other frequencies.
5. The right to use the radio frequency spectrum is certified by permits issued by the authorized body for civil radio-electronic equipment and the central executive body of the military administration of the Republic of Kazakhstan for radio-electronic equipment that meets the needs of defense, security and law enforcement.
5-1. Individuals and legal entities are prohibited from transferring the right to temporary or permanent use of the frequency bands, radio frequencies (radio frequency channels) assigned to them to other individuals or legal entities, except in the following cases::
1) sharing of radio frequencies for in-house activities, subject to the consent of the main user of the radio frequency spectrum. A separate permission to use the radio frequency spectrum is issued for each user.;
2) sharing of radio frequencies allocated for the provision of cellular communication services, including for the activities of a virtual cellular operator. The sharing of radio frequencies is formalized by an agreement.
6. Permits for the use of the radio frequency spectrum are issued to telecom operators and persons who intend to use the radio frequency spectrum for internal production activities, no later than two months from the date of receipt by the authorized body of the application of the established sample.
The permit for the use of the radio frequency spectrum indicates the type or standard of communication, the territory of use, the type and technical parameters of the electronic means used, as well as obligations to provide communication services to settlements and (or) territories.
Individuals and legal entities that have received permits for the use of the radio frequency spectrum issued for the organization of broadband access to communication services are required to ensure the availability of technical infrastructure for providing access to communication services corresponding to minimum quality thresholds for at least thirty percent of the population in each locality within no more than two years from the date of receipt of such permits. in the territory where the issued permits are used.
The requirement of part three of this paragraph does not apply to telecom operators who have assumed obligations under permits issued by the authorized body for the use of the radio frequency spectrum to provide communication services to settlements and (or) territories in accordance with part two of this paragraph.
Failure by the telecom operator to fulfill obligations to provide communication services to settlements and (or) territories specified in the permit for the use of the radio frequency spectrum of the Republic of Kazakhstan, as well as non-use of the radio frequency spectrum for one year, entails liability in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
The authorized body may establish additional obligations of telecom operators to provide preferential tariffs to persons with disabilities.
7. Refusal to grant the applicant permission to use the radio frequency spectrum for radio-electronic devices for civil purposes is carried out on the following grounds:
1) inconsistency of the declared frequency band, radio frequency (radio frequency channel) with the national Frequency band allocation Table;
2) non-compliance of the radiation and reception parameters of the claimed radio-electronic devices with the requirements and standards in the field of electromagnetic compatibility of radio-electronic devices and high-frequency devices;
3) a negative conclusion of the electromagnetic compatibility examination with current and planned radio-electronic devices;
4) employment by civilian users of the declared frequency band, radio frequency (radio frequency channel) previously assigned to users in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
5) the absence of an appropriate license for the type of business activity in the field of communications using radio frequencies, issued by the licensor in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
6) negative results of the coordination of the frequency band, radio frequency (radio frequency channel) with the central executive body of the military administration of the Republic of Kazakhstan;
7) Excluded by the Law of the Republic of Kazakhstan dated 11/15/2021 No. 72-VII (effective from 01.01.2022).
8. Refusal to issue a permit for the use of the radio frequency spectrum for radio-electronic devices that meet the needs of the defense and security of the state is carried out in accordance with the procedure determined by the central executive body of the military administration of the Republic of Kazakhstan.
8-1. The permit for the use of the radio frequency spectrum is terminated in accordance with the procedure determined by the authorized body on the following grounds:
1) the user's application for the voluntary return of permission to use the radio frequency spectrum;
2) non-use of the radio frequency spectrum for one year;
3) non-fulfillment by the telecom operator of obligations to provide communication services to settlements and (or) territories specified in the permit for the use of the radio frequency spectrum of the Republic of Kazakhstan;
4) non-payment to the state budget of fees for the use of the radio frequency spectrum for three quarters in accordance with the Code of the Republic of Kazakhstan "On Taxes and other Mandatory Payments to the Budget" (Tax Code).
5) the lack of technical infrastructure providing conditions for the provision of broadband access to communication services to at least thirty percent of the population in each locality and (or) in the territory of use of the issued permit for the use of the radio frequency spectrum after two years after its receipt.
6) the decision of the authorized body on the redistribution of the radio frequency spectrum in order to:
implementation of promising technologies in the field of communications;
efficient use of the radio frequency spectrum and frequency bands in accordance with plans for the future use of the radio frequency spectrum;
7) termination of the activity of an individual entrepreneur or liquidation of a legal entity;
8) failure by the telecom operator to provide a notification on the operation of radio-electronic means and (or) high-frequency devices and calculation of electromagnetic compatibility of radio-electronic means for civil purposes within six months from the date of receipt of permission to use the radio frequency spectrum, determined in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.
9. In the case of coordination of frequency bands, radio frequencies (radio frequency channels) with radio frequency authorities, the period of coordination should not exceed thirty calendar days from the date of receipt of the request, while the period of consideration of the application may be extended for the duration of the necessary approvals, but not more than thirty calendar days.
If it is necessary to conduct international coordination of radio frequencies with neighboring states (in the border areas of the Republic of Kazakhstan) in accordance with the Radio Regulations of the International Telecommunication Union, the application review period may be extended, but not for more than six months, which the applicant is notified in advance in electronic form.
The Law of the Republic of Kazakhstan dated July 5, 2004 No. 567.
This Law establishes the legal basis for activities in the field of communications in the territory of the Republic of Kazakhstan, defines the powers of state bodies to regulate these activities, the rights and obligations of individuals and legal entities providing or using communications services.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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