Article 2. The basic concepts used in this Law of the Law on Communications

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The following basic concepts are used in this Law:

1) subscriber – a natural or legal person with whom a contract for the provision of communication services has been concluded;

2) official information about subscribers and (or) users of communication services (hereinafter referred to as official information) – information about subscribers and (or) users of communication services intended solely for the purposes of conducting counterintelligence activities and operational search activities on communication networks and including:

information about subscriber and/or user numbers, including information about individual identification numbers (for individuals) or business identification numbers (for legal entities) of the owners of subscriber and/or user numbers;

information about identification codes of cellular subscriber devices, including information about individual identification numbers (for individuals) or business identification numbers (for legal entities) of owners of cellular subscriber devices;

billing information (information about services received by the subscriber and/or user);

the location of the subscriber's device on the network in accordance with the requirements of the technical regulations;

addresses on the data network;

addresses of access to Internet resources on the data network;

Internet resource identifiers;

data network protocols;

3) subscriber line - a communication line that is part of a local telecommunications network and connects the subscriber device with the telecommunications facilities of this network;

4) subscriber device is a means of communication for individual use that generates electrical communication signals for transmitting or receiving information specified by the subscriber and is connected to the network of a telecom operator;

4-1) subscriber number transfer is a service for saving and using a subscriber number in cellular networks provided to a subscriber upon conclusion of a new contract for the provision of cellular services with another cellular operator.;

4-2) centralized subscriber number database – a hardware and software management system for a database containing information about cellular subscriber numbers, including information determined by the rules for transferring a subscriber number in cellular networks;

4-3) the operator of the centralized subscriber number database is an organization that ensures the formation, operation, maintenance and development of a centralized subscriber number database and provides access to its resources;

4-4) certifying information security center – a legal entity designated by the National Security Committee of the Republic of Kazakhstan, which issues security certificates in electronic form;

5) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective ten calendar days after the date of its first official publication);

5-1) antenna-mast structures – communication structures in the form of a tower or mast, designed to accommodate communications equipment on them;

6) channels of the special postal service - a set of postal networks, divisions of the special postal service used for forwarding special items;

7) special shipments – registered packages, parcels, hardware with attachments of state secrets or information of state bodies containing official information of limited distribution, and their carriers, as well as products, their components (substances) and goods of the defense industry;

8) universal service operator – a telecommunications operator providing communication services, which, in accordance with the legislation of the Republic of Kazakhstan, is responsible for providing universal communication services.;

9) universal communication services – the minimum list of communication services, which is fixed in the telecommunications and postal sector, developed by the authorized body and approved by the Government of the Republic of Kazakhstan, the provision of which to any user of communication services in any locality within a specified time with the established quality and price level, ensuring the availability of these services, is mandatory for universal service operators;

10) communication - reception, collection, processing, accumulation, transfer (transportation), delivery, dissemination of information, postal and special items, postal money transfers;

11) communication channel - a complex of telecommunications facilities and a distribution medium that provides signal transmission between telecommunications facilities in a frequency band or at a transmission rate characteristic of this communication channel. Depending on the type of communication, the channels are divided into telephone, telegraphic, data transmission, and on a territorial basis - into international, long-distance, zone and local;

12) communication network - a technological system that includes communication facilities and lines and is intended for telecommunications or postal communications;

13) communication network management – a set of organizational and technical measures aimed at ensuring the functioning of a communication network, its configuration, including regulating the flow of network traffic;

13-1) communication network management center – a complex of software, hardware, organizational and technical means for managing a communication network or forming a communication node as part of a communication network;

14) communication lines - transmission lines (cable, radio relay, satellite and others), physical circuits and linear-cable communication facilities, including trunk (international and long-distance);

14-1) communication facilities – engineering infrastructure facilities created and (or) adapted to accommodate communication facilities;

15) communication services - activities related to the reception, processing, storage, transmission, transportation, delivery of postal and special items, postal money transfers or telecommunications messages;

16) provision of communication services - the activity of communication operators, which consists in providing users with communication services listed in the general classifier of products of economic activities;

17) user of communication services - a natural or legal person receiving communication services;

18) telecom operator – a natural or legal person registered in the territory of the Republic of Kazakhstan, providing communication services and (or) operating communication networks;

19) business entities engaged in activities in the field of communications - telecom operators, owners of special, departmental and corporate telecommunications networks, separate switching equipment connected to a public telecommunications network, owners of radio electronic devices that are users of the radio frequency spectrum;

20) national resources in the field of communications - resources of radio frequencies, numbering and orbital positions of communication satellites;

21) excluded by the Law of the Republic of Kazakhstan dated 07/14/2022 No. 141-VII (effective ten calendar days after the date of its first official publication);

22) billing is a hardware and software complex designed to automatically perform accounting operations for services provided to subscribers, as well as their billing and billing for payment;

22-1) joint use supports – communication structures designed for simultaneous placement of telecommunications facilities and (or) other engineering infrastructure facilities, information devices;

22-2) data aggregation is the process of processing and providing information in a generalized form, in which it is depersonalized. The aggregated data is used by the telecom operator for reporting, analysis and research.;

23) standard connection point - telecommunications facilities designed to connect one network to another using standard technical specifications;

24) connecting line - a set of technical means, including a communication line and parts of station equipment, providing interaction between connecting and connected telecommunications networks;

25) connection service - an activity aimed at meeting the needs of telecom operators in organizing interaction between communication networks, in which it becomes possible to establish a connection and transfer information between users of interacting networks;

26) interconnections - the interaction of telecommunications networks resulting from the provision of services for connecting one telecommunications network to another;

26-1) network traffic (hereinafter referred to as traffic) – the amount of information transmitted and received through a telecommunications network over a certain period of time;

27) local telecommunications network - a network and telecommunication facilities intended for electrical communication on the territory of a locality. Local telecommunications networks are divided into urban and rural, depending on the status of the locality.;

28) the system of time-based accounting for the cost of local telephone connections (hereinafter referred to as time-based accounting for local telephone connections) is a set of technologies for accounting for local telephone connections that calculate the amount of payments for the use of local telecommunications network services;

29) assignment (assignment) of a frequency band, radio frequency (radio frequency channel) - a permit for the use of the radio frequency spectrum issued by the relevant radio frequency authority to the user of the radio frequency spectrum for the use of the frequency band, radio frequency (radio frequency channel) specified in this permit using an electronic means;

30) high-frequency devices - equipment and (or) devices designed to generate and use electromagnetic energy for industrial, scientific, medical, domestic or other purposes, with the exception of applications in the field of telecommunications;

30-1) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective after ten calendar days after the date of its first official publication);

30-2) Internet traffic - the amount of information transmitted and received through an Internet connection over a certain period of time;

30-3) Internet traffic exchange point - a hardware and software complex for passing (exchanging) Internet traffic of telecom operators in the territory of the Republic of Kazakhstan;

31) cable sewerage - a set of underground pipelines and wells intended for laying, installation and maintenance of communication cables;

32) coded communication - secure communication using documents and coding techniques;

32-1) excluded by the Law of the Republic of Kazakhstan dated 18.03.2019 No. 237-VI (effective twenty-one calendar days after the date of its first official publication);

32-2) the system of centralized management of telecommunications networks of the Republic of Kazakhstan is a complex of organizational and technical measures for the formation of control parameters and control over their execution, including a hardware and software package and communication channels for centralized management of telecommunications networks;

33) long-distance communication line - a communication line connecting long-distance switching stations of a telecom operator in the territory of the Republic of Kazakhstan;

34) long-distance operator - a fixed-line operator that owns and (or) operates an intercity communication line, long-distance switching stations and provides long-distance telephone services;

35) long-distance and international communications operator - a fixed-line operator that owns and (or) operates long-distance and international communication lines, long-distance and international switching stations and provides long-distance and international telephone services for the transit of traffic and the provision of network resources to other telecom operators;

36) long-distance telephone communication - a telephone connection between users of communication services located in the territory of the Republic of Kazakhstan, with the exception of local telephone connections;

36-1) intercity traffic transit – implementation of the process of establishing a connection and transmitting information through long-distance communication lines;

36-2) A security certificate is a set of electronic numeric characters used to pass traffic containing protocols that support encryption.;

36-3) secure communication – a type of electrical communication using special means of information protection (coded communication, classified communication, encrypted communication);

36-4) is excluded by the Law of the Republic of Kazakhstan dated 05/21/2024 No. 86-VIII (effective sixty calendar days after the date of its first official publication).

37) classified communication - secure communication using classified equipment;

38) combined service payment system - a payment system in which the amount of payments made by a communication user for a certain period of time consists of:

The permanent component is the fee for providing a subscriber line, regardless of its type, for permanent use to the subscriber and a certain number of charging units for local connections.;

The time component is the fee for providing a telephone connection, depending on its actual duration in billing units.;

39) time-based service payment system - a service payment system in which the amount of payments made by a communication user for a certain period of time includes a fee for providing a telephone connection, depending on its actual duration in billing units;

39-1) short text and multimedia message – a service provided by a cellular operator for receiving and transmitting information via a cellular network;

40) backbone communication line - a terrestrial (cable, including fiber-optic, radio relay) or satellite communication line connecting zone (long-distance) and (or) international switching stations of telecommunications networks of the Republic of Kazakhstan and foreign countries;

40-1) state technical service – a joint-stock company established by decision of the Government of the Republic of Kazakhstan;

40-2) Is excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication).

40-3) the State radio frequency service is a republican state–owned enterprise on the right of economic management, established by decision of the Government of the Republic of Kazakhstan;

40-4) mobile communication station – a mobile means of communication for providing a communication network to areas that are out of coverage;

41) numbering resource - a set of numbers used in communication networks;

42) public telecommunications network - a telecommunications network available for use by individuals and legal entities;

43) postal communication - reception, processing, transportation and delivery of postal and special items, as well as postal money transfer;

44) postal items - written correspondence, parcels, postal containers, as well as printed publications in appropriate packaging;

44-1) presidential communications – a special electrical connection to ensure the activities of the President of the Republic of Kazakhstan;

45) amateur radio service - a radio communication service for the purposes of self-study, negotiation communication and technical research, carried out by individuals who have sent a corresponding notification;

46) radio control – a system of measures ensuring the operation of radio-electronic means and high-frequency devices with an acceptable level of interference by performing technical control of radio emissions, inspection of radio-electronic means and high-frequency devices, identification and suppression of sources of radio interference, violations of the procedure for using radio frequencies, standardization documents and standards for radiation parameters of radio-electronic means and high-frequency devices;

47) radio frequency authorities - state bodies authorized to distribute, redistribute, allocate and assign frequency bands, radio frequencies (radio frequency channels), as well as control over their use in accordance with this Law;

48) radio frequency spectrum - a certain set of radio frequencies in the range from 3 kHz to 400 GHz;

48-1) redistribution (re–arrangement of use) of the radio frequency spectrum - a set of measures aimed at the complete or partial withdrawal of existing frequency assignments from any particular frequency band in order to implement promising technologies in the field of communications, effective use of the radio frequency spectrum, providing the current user with the radio frequency spectrum of frequency bands instead of the released frequency range with reimbursement of all costs necessary to switch to the provided frequencies;

49) user of the radio frequency spectrum - an individual or legal entity to whom a frequency band or radio frequency (radio frequency channel) has been assigned;

50) conversion of the radio frequency spectrum is a set of measures aimed at expanding the use of the radio frequency spectrum by radio-electronic devices for civilian purposes;

51) radio electronic means - a technical means designed for transmitting and (or) receiving radio waves and consisting of one or more transmitting and (or) receiving devices or combinations thereof, including auxiliary equipment;

IZPI's note! Article 2 is provided to be supplemented by subparagraph 51-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

51-1) unauthorized traffic (fraud) – traffic that is allowed in violation of the established rules for connecting and interacting telecommunications networks, including traffic skipping and the procedure for mutual settlements, including traffic with the substitution of the caller's number.

52) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective ten calendar days after the date of its first official publication);

53) billing unit is a unit of measurement of time, quantity or volume of information for which a fee is charged for the relevant type of communication service, which is mandatory for telecom operators and network owners of all categories included in the unified telecommunications network of the Republic of Kazakhstan.;

54) a secure zone of telecommunications networks is a land plot located along a communication line and around communication facilities, with vegetation and buildings located on it.;

55) telecommunications network – a set of telecommunications facilities and communication lines providing the transmission of telecommunications messages, consisting of switching equipment (stations, substations, hubs), linear cable structures (subscriber lines, connecting lines and communication channels), transmission systems and subscriber devices;

56) the owner of a telecommunications network is a natural or legal person who owns a part of a public telecommunications network and (or) the corresponding category of a unified telecommunications network.;

57) telecommunication facilities (communication facilities) - technical devices, equipment, systems, and software tools that allow the generation, transmission, reception, storage, processing, commutation, or control of electromagnetic or optical signals;

58) the connection of one telecommunications network (means of communication) to another is the organization of technological interaction between two telecommunications networks, which makes it possible to establish a connection and transfer information between users of communication services of these networks.;

59) telecommunications messages - information transmitted by means of telecommunications;

60) the subscriber's fixed payment system for telephone connection services (hereinafter referred to as the subscriber's payment system) is a payment system for services in which the amount of payments made by a communication user for a certain period of time includes a fee for providing a subscriber line, regardless of its type, for permanent use to the subscriber and a fee for providing a local telephone connection, depending on its average duration in per subscriber;

61) broadcasting is the primary distribution of a signal from television and radio channels using telecommunications equipment;

62) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016);

63) traffic skipping - implementation of the process of establishing a connection and transmitting information between users of communication services (telecommunications networks);

64) direct wire - a physical line that is part of the local telecommunications network, providing direct communication between telecommunications facilities;

64-1) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective ten calendar days after the date of its first official publication);

65) authorized body - the central executive body, determined by the Government of the Republic of Kazakhstan, responsible for the implementation of state policy in the field of communications, state control, coordination and regulation of the activities of persons providing services in the field of communications or using them;

65-1) organizational and technical event – a set of tools, methods and solutions designed for the organization, creation, management, improvement and operation of telecommunications networks;

66) cellular communication is a type of electrical communication using the division of the serviced territory into a number of cells, providing the possibility of continuity of communication when a subscriber moves from cell to cell and intended for the two–way (multilateral) exchange of information transmitted via radio waves.;

67) cellular operator - a telecom operator providing cellular communication services in accordance with the legislation of the Republic of Kazakhstan;

67-1) the operator of the database of identification codes of cellular subscriber devices is a legal entity defined in accordance with this Law, which ensures the formation, operation, maintenance, maintenance and development of the database of identification codes of cellular subscriber devices and provides access to these resources;

67-2) database of identification codes of cellular subscriber devices – a hardware and software management system for a database containing information about:

individual identification numbers (for individuals) or business identification numbers (for legal entities) of owners of cellular subscriber devices;

identification codes of cellular subscriber devices;

subscriber numbers used by cellular subscriber devices;

67-3) cellular subscriber device is a means of communication for individual use that generates electrical communication signals for transmitting or receiving information specified by the subscriber and is connected to the network of a cellular operator that does not have a permanent geographically defined location within the serviced territory, operating in cellular networks;

67-4) identification code of a cellular subscriber device is a code assigned by the manufacturer to a cellular subscriber device, which is transmitted to the network of a cellular operator when this device is connected to it.;

67-5) virtual cellular operator – a telecom operator that uses the infrastructure of one or more cellular operators to provide cellular services;

67-6) supports for cellular or satellite communication equipment – communication structures that do not have a strong connection with the earth in the form of a sunken foundation for placing cellular or satellite communication equipment on them.;

68) government communications - special secure communications for the needs of public administration;

69) Excluded by the Law of the Republic of Kazakhstan dated 06/29/2021 No. 58-VII (effective ten calendar days after the date of its first official publication).

70) physical line - metal wires or optical fibers forming a guiding medium for the transmission of telecommunications messages;

70-1) broadcast messaging technology is the mass distribution of text messages on cellular networks designed for the immediate delivery of information messages in a specific geographical area;

71) international communication line - a communication line crossing the border of the Republic of Kazakhstan or having a junction point on the border of the Republic of Kazakhstan with the communication line of a telecom operator of another country and connecting the international switching station of the telecom operator of the Republic of Kazakhstan with the international switching stations of telecom operators of other states;

72) international communications operator - a fixed-line operator that owns and (or) operates an international communication line, an international switching station and provides international telephone services;

73) international telephone communication is a telephone connection between users of communication services located in the territory of the Republic of Kazakhstan and users of communication services on the territory of another state;

73-1) the passage of international traffic is the implementation of the process of establishing a connection and transmitting information between the international switching station of the international telecommunications operator of the Republic of Kazakhstan and the international switching stations of telecom operators of other states.;

73-2) international junction point – telecommunications facilities designed to connect the international switching station of the international communications operator of the Republic of Kazakhstan with the international switching stations of telecom operators of other states;

74) terminal equipment - technical means for transmitting or receiving telecommunication signals over communication lines connected to subscriber lines and used by subscribers or intended for specified purposes;

75) encrypted communication - secure communication using manual ciphers, encryption machines, linear encryption equipment and special computer equipment;

76) encryption work is a set of legal, organizational and technical measures carried out by authorized state bodies, military administration bodies, national security and internal affairs of the Republic of Kazakhstan aimed at protecting information constituting state secrets of the Republic of Kazakhstan to be transmitted over encrypted, classified and coded communication networks using appropriate encryption tools;

77) electrical communication (telecommunications) - transmission or reception of signs, signals, voice information, written text, images, sounds via wired, radio, optical and other electromagnetic systems;

78) electromagnetic compatibility – the ability of a technical means to function with a given quality in a given electromagnetic environment and not create unacceptable electromagnetic interference to other technical means.

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.

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