Article 8. Competence of the authorized body and its territorial divisions The Law on Communications

Home / RLA / Article 8. Competence of the authorized body and its territorial divisions The Law on Communications

 1. The competence of the authorized body includes:

1) the formation and implementation of state policy in the field of communications, including the allocation and use of national resources in the field of communications, as well as participation within their competence in the field of technical regulation, ensuring the uniformity of measurements and standardization in the field of communications and ensuring its implementation;

1-1) approval of the rules for holding a competition to determine universal service operators, including the calculation of the amount of subsidies and the procedure for the authorized body to impose the obligation to provide universal services on telecom operators, requirements for telecom operators to provide universal communication services and the list of universal communication services;

1-2) formation and implementation of state policy in the field of distribution of the radio frequency spectrum, as well as the effective use of radio frequencies and orbital positions of communications satellites;

2) implementation of state regulation and control of activities in the field of communications within its competence;

3) 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).

4) excluded by the Law of the Republic of Kazakhstan dated January 13, 2014 No. 159-V (effective ten calendar days after the date of its first official publication);

5) 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). 6) 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). 6-1) 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); 6-2) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective after ten calendar days after the day of its first official publication); 6-3) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective after ten calendar days after the day of its first official publication); 6-4) excluded by the Law RK No. 128-VI dated December 28, 2017 (effective ten calendar days after the date of its first official publication); 6-5) 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); 6-6) 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); 6-7) excluded by the Law RK No. 128-VI dated December 28, 2017 (effective ten calendar days after the date of its first official publication);

6-8) approval of measurement methods for technical parameters of the quality of communication services;

6-9) Is excluded by the Law of the Republic of Kazakhstan dated 05/03/2022 No. 118-VII (effective ten calendar days after the date of its first official publication). 7) 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).

8) development and adoption, within its competence, of regulatory legal acts of the Republic of Kazakhstan in the field of communications, including rules for the operation of radio-electronic devices, high-frequency devices, their import into the territory of the Republic of Kazakhstan, rules for the provision of communications services;

8-1) the implementation of radio monitoring and inspections of the use of the radio frequency spectrum by individuals and legal entities engaged in activities in the field of communications, and compliance by telecom operators with the qualification requirements for entities providing services in the field of communications and the rules for the provision of communications services;

8-2) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

8-3) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);

8-4) distribution, assignment (assignment) of a frequency band, radio frequency (radio frequency channel) to civilian users, issuance of permits to the ship station, including assignment of a call sign;

8-5) approval of the rules for subscriber number transfer in cellular networks and the date of introduction of the subscriber number transfer service in cellular networks;

8-6) approval of the rules for the provision of cable sewerage;

8-7) implementation of quality control of communication services provided by telecom operators;

8-8) approval of the rules for registration of cellular subscriber devices;

9) licensing of activities in the field of communications;

10) 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).

11) access to communication facilities of business entities operating in the field of communications and using the radio frequency spectrum for conducting inspections in accordance with the established procedure upon presentation of an official identification card or identification card, with the exception of facilities of special-purpose telecommunications networks;

12) excluded by the Law of the Republic of Kazakhstan dated 06/21/2013 No. 107-V (effective thirty calendar days after its first official publication);

13) disconnection of radio-electronic means and high-frequency devices in the absence of notification of the start of operation of radio-electronic means and (or) high-frequency devices and (or) non-compliance of technical characteristics with established standards;

14) excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (effective from 13.10.2011);

15) sending instructions in case of detection of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of communications;

16) consideration of appeals from individuals and legal entities on the regulation of relations in the field of communications;

17) coordination with the national security authorities of regulatory legal acts establishing requirements aimed at ensuring national security in the field of communications, as well as, jointly with the national security authorities, coordinating the activities of telecom operators on issues of ensuring national security in the field of communications;

18) 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).

18-1) approval of the rules for the formation and maintenance of the register of static addresses of data transmission networks in coordination with the National Security Committee of the Republic of Kazakhstan;

19) 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). 19-1) 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).

19-2) implementation of regulation and control in the spheres of natural monopolies in the field of telecommunications and universal postal services;

19-3) 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);

19-4) conducting an analysis of commodity markets in order to ensure non-discriminatory access to goods (works, services) and infrastructure of market entities in the field of telecommunications and postal communications;

19-5) excluded by the Law of the Republic of Kazakhstan dated January 18, 2012 No. 546-IV (effective thirty calendar days after its first official publication);

19-6) 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).

19-7) issuing certificates for the import into the territory of the Republic of Kazakhstan of radio-electronic devices and high-frequency devices for civil purposes, including embedded or included in other goods, in cases other than import;

19-8) approval of requirements for telecommunications networks of the long-distance and (or) international communications operator;

19-9) 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).

19-10) approval of qualification requirements and a list of documents confirming the applicant's compliance with the provision of services in the field of communications;

19-11) approval of the rules for the protection of telecommunications networks in the Republic of Kazakhstan, including the procedure for establishing security zones and the mode of operation in them;

19-12) approval of the rules for the assignment of frequency bands, radio frequencies (radio frequency channels), the operation of radio-electronic equipment and high-frequency devices, as well as the calculation of electromagnetic compatibility of radio-electronic equipment for civil purposes;

19-13) approval of the rules for the connection and interaction of telecommunications networks, including the passage of traffic and the procedure for mutual settlements;

19-14) approval of the rules for the provision of communication services;

19-15) approval of the rules for the operation of radio electronic equipment for amateur radio services;

19-16) 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).

19-17) development and adoption, within their competence, of regulatory legal acts in the field of regulation and control in the fields of natural monopolies and regulated markets in the field of telecommunications and universal postal services, including rules for keeping separate records of income, costs and assets involved by subjects of natural monopolies;

19-18) issuance of permits provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications", subject to the exceptions provided for in subparagraph 7) of paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Permits and Notifications";

19-19) 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).

19-20) organization and holding of tenders (or auctions) for the allocation of frequency bands, radio frequencies (radio frequency channels) in the Republic of Kazakhstan in the ranges determined by radio frequency authorities for distribution through a tender (or auction), determining the conditions of tenders (or auctions), requirements for their participants;

19-21) approval of the procedure for the placement of telecommunications facilities on the pillars of joint use;

19-22) approval of the rules for detecting and suppressing the operation of illegally operated electronic devices, including communication signal amplifiers, high-frequency devices, special technical equipment for blocking radio signals, in coordination with the National Security Committee of the Republic of Kazakhstan, the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Internal Affairs of the Republic of Kazakhstan;

19-23) organization of accessibility of communication infrastructure in the territory of the Republic of Kazakhstan;

IZPI's note! Paragraph 1 is provided to be supplemented by subparagraph 19-24) 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).

19-24) approval of the rules for the import, registration, sale and use of GSM gateways (SIM boxes) in coordination with the authorized body in the field of customs;

20) other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. The competence of territorial divisions includes:

1) implementation of state control over the fulfillment of the requirements of the legislation of the Republic of Kazakhstan in the field of communications in the relevant administrative-territorial unit;

2) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

3) sending instructions in case of detection of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of communications;

4) 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) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

6) disconnection of radio-electronic means and high-frequency devices for civil purposes in the absence of notification of the start of operation of radio-electronic means and (or) high-frequency devices and (or) non-compliance of technical characteristics with established standards;

7) control over the implementation of organizational and technical measures to ensure electromagnetic compatibility of electronic devices and high-frequency devices;

8) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

9) excluded by the Law of the Republic of Kazakhstan dated January 13, 2014 No. 159-V (effective ten calendar days after the date of its first official publication);

9-1) implementation of radio monitoring and inspections of the use of the radio frequency spectrum by individuals and legal entities operating in the field of communications, and compliance by telecom operators with the qualification requirements for entities providing services in the field of communications and the rules for the provision of communications services;

9-2) control over the compliance by telecom operators with the qualification requirements for entities providing services in the field of communications, the rules for the provision of communications services, the rules for the provision of postal services and the rules for the use of postmarks on postal items in the territory of the Republic of Kazakhstan;

9-3) checking the device of telecommunications and postal communication networks and facilities for compliance with technical standards and requirements for the organization of their technical operation in accordance with the legislation of the Republic of Kazakhstan;

9-4) identification and suppression of the operation of radio-electronic means and high-frequency devices operating in violation of the legislation of the Republic of Kazakhstan in the field of communications;

9-5) ensuring compliance with the requirements of regulatory legal acts on the organization of the operation of postal network facilities and the maintenance of users of communication services;

9-6) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

9-7) receiving notifications on the beginning or termination of operation of radio-electronic means and (or) high-frequency devices, including radio-electronic means and high-frequency devices of amateur radio services;

10) other functions in accordance with the legislation of the Republic of Kazakhstan.

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

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