Unofficial translation
Footnote. The title is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services”, I HEREBY ORDER:
Footnote. Preamble - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).1. To approve the attached Rules for the provision of the public service “Issuance of a license for engaging in activities related to the distribution of television and radio channels.”
Footnote. Clause 1 is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. To recognize as invalid some orders under Annex 6 to this order.
3. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Information Committee of the Ministry of Information and Public Development of the Republic of Kazakhstan shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource of the Ministry of Information and Public Development of the Republic of Kazakhstan.
4. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Information and Public Development of the Republic of Kazakhstan.
5. This order shall enter into force upon expiry of ten calendar days after the date of its first official publication.
Minister | |
of Information and Public Development | |
of the Republic of Kazakhstan | D. Abayev |
Approved by the order of the | |
Minister of Culture | |
and Information | |
of the Republic of Kazakhstan | |
dated April 2, 2020 № 101 |
Footnote. The text in the upper right corner is in the wording of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НҚ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
The Rules for the provision of public services “Registration, re-registration,
issuance of a duplicate certificate of a domestic TV and radio channel”
Footnote. Rules - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and shall determine the procedure for providing the state service “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel.”
2. The public service “Issuance of a license for engaging in activities related to the distribution of television and radio channels” (hereinafter - the public service) is provided by the Information Committee of the Ministry of Culture and Information of the Republic of Kazakhstan (hereinafter - the service provider).
Footnote. Clause 2 is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).3. The authorized body shall send information about the changes and (or) additions to these Rules to the operator of the information and communication infrastructure of “electronic government”, the service provider and the Unified Contact Center within three working days from the date of state registration with the justice authorities.
Footnote. Paragraph 3 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).Chapter 2. Procedure for the provision of public services
4. To receive a public service, individuals and (or) legal entities engaged in the provision of services in the field of mass media on the territory of the Republic of Kazakhstan (hereinafter - the service recipient) shall send to the service provider through the web portal of the "electronic government" www.egov.kz, www.elicense.kz (hereinafter - the Portal), an application in the form according to Appendices 1 and 2, as well as the documents specified in the List of basic requirements for the provision of a public service in accordance with Appendix 4 to these Rules.
The service provider's office receives and registers the documents on the day of receipt and transfers them to the responsible structural unit for execution. In accordance with labour legislation, if the service recipient applies after working hours, on weekends, and holidays, applications shall be accepted, and the results of the public service provision shall be issued on the next working day.
An employee of the responsible structural unit of the service provider, within 2 (two) working days from the date of registration of the documents, shall check the content of the application and the completeness of the submitted documents, as well as the provided receipt for the correctness of the details.
The service provider receives information about the identity documents of the service recipient, the state registration (re-registration) of a legal entity, registration as an individual entrepreneur, and a document confirming payment from the relevant state information systems through the "electronic government" gateway.
If the service recipient submits an incomplete set of documents and/or documents with expired validity, an employee of the responsible structural division shall, within the specified timeframe, prepare a reasoned refusal to further consider the application. This refusal shall be issued in the form of an electronic document signed with the electronic digital signature (hereinafter – EDS) of the head or deputy head of the authorized body and sent to the applicant's personal account on the Portal.
If grounds for refusal to provide a public service are identified, the service provider shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
The service provider shall notify the service recipient of the hearing at least 3 (three) business days before the end of the term for providing the public service. The hearing shall be held no later than 2 (two) business days from the date of notification in accordance with paragraph 1 of Article 73 of the Administrative procedure and procedural code of the Republic of Kazakhstan.
Based on the results of the hearing, the service provider shall issue a license for the activity of distributing television and radio channels or a reasoned refusal to provide the public service."
Footnote. Clause 4 is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).5. If the service recipient provides a full package of documents to obtain a certificate of registration, an employee of the structural unit of the service provider, shall within 8 (eight) working days, review the documents for the content of the application, check for the presence of the same name in the register of domestic TV and radio channels, and also check the provided receipt for correctness of filling in the details, and based on the results, generate a certificate of registration.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
A notification with a preliminary decision on refusal to provide a public service shall be sent to the service recipient no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working days from the date of receipt of the notification.
Based on the results of consideration of the objection, if received from the service recipient, the service provider shall issue a certificate of registration or a reasoned refusal to provide a public service.
6. A TV and radio channel shall be subject to re-registration in cases of a change of owner or a change in the organizational and legal form, name, as well as the name of the TV or radio channel.
7. When submitting applications by a service recipient for re-registration of the certificate, an employee of the structural unit of the service provider shall review the documents within 8 (eight) working days for the content of the application, check for the presence of the same name in the register of registered domestic TV and radio channels, and also, in case of a change in owner, check the provided data of documents confirming the change of owner/transfer of ownership rights.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working days from the date of receipt of the notification.
Based on the results of consideration of the objection, in case of receipt from the service recipient, the service provider shall issue a certificate of re-registration or a reasoned refusal to provide a public service.
8. The service provider refuses to provide a public service on the grounds set out in paragraph 9 of the List.
Footnote. Clause 8 is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Chapter 3. The procedure for appealing decisions, actions (inaction) of central government bodies, service providers and (or) their officials regarding the provision of public services
9. Consideration of a complaint against a decision, action (inaction) of a service provider on issues of rendering a public service shall be carried out by an official, a higher authorized body in the field of mass media, an authorized body for assessment and control over the quality of rendering public services (hereinafter - the body considering the complaint) in accordance with the legislation of the Republic of Kazakhstan.
The complaint shall be submitted to the service provider and/or the official whose decision, action (inaction) is being appealed.
A complaint from a service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan "On Public Services", shall be subject to consideration within 5 (five) business days from the date of its registration.
A service recipient's complaint received by the authorized body for assessment and control of the quality of public services shall be considered within 15 (fifteen) business days from the date of its registration.
The service provider or official whose decision or action (inaction) is being appealed shall send the complaint and the administrative case to the body considering the complaint no later than 3 (three) business days from the date of receipt.
In this case, the service provider, the official whose decision or action (inaction) is being appealed, shall have the right not to send the complaint to the body considering it if it, within 3 (three) business days, adopts a favourable administrative act or performs an administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after an appeal in the pre-trial procedure.
Footnote. Clause 9 is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Appendix 1 to the Rules for the provision of public services “Issuance of a license to engage in activities related to the distribution of TV and radio channels” |
Form
Application of a legal entity for obtaining (re-issuance) of a license
To_____________________________________________________________
(full name of the licensor)
dated __________________________________________________________
(full name of the legal entity, business identification number)
I hereby request you to issue a license to carry out activities
_______________________________________________________________
(indicate the type of activity and (or) subtype(s) of activity)
Address of the legal entity
____________________________________________________________________________________
(postal code, region, city, district, settlement, street name, house/building number (stationary premises)
Email ______________________________________________________
Telephone numbers ___________________________________________
Fax ________________________________________________________
Bank account ________________________________________________
(account number, name and location of the bank)
Address(es) of carrying out activities ________________________________________
(postal) index, region, city, district, settlement, street name, house/building number (stationary premises)
________ sheets are attached
This is to confirm that: all specified data are official contacts, and any information concerning issue or refusing to issue a license is directed to them; the applicant is not prohibited by the court from engaging in the licensed type and (or) subtype of activity; all attached documents are true and valid.
I hereby agree to the use of information constituting a legally protected secret contained in information systems
___________ “__” _______ 20 __ (signature)
Manager ______________ ________________________
(signature)
(last name, first name, patronymic (if any)
Place of stamp
Date of completion: “__” _________ 20 __ (if any)
Appendix 2 to the Rules for the provision of public services “Issuance of a license to engage in activities related to the distribution of TV and radio channels” |
Form
Application of an individual for obtaining (re-issuance) of a license
To ___________________________________________________________
(full name of the licensor)
dated _________________________________________________________
(last name, first name, patronymic (if any) of the individual, individual identification number)
I hereby request you to issue a license to carry out activities
______________________________________________________________
(indicate the type of activity and (or) subtype(s) of activity)
Address of residence of an individual
______________________________________________________________
(postal code, region, city, district, settlement, street name, house/building number)
Email _____________________________________________
Telephone numbers __________________________________
Fax _______________________________________________
Bank account _______________________________________
(account number, name and location of the bank)
Address(es) of carrying out activities
___________________________________________________
(postal code, region, city, district, settlement, street name, house/building number (stationary premises)
________ sheets are attached
This is to confirm that: all specified data are official contacts, and any information concerning issuance or refusing to issue a license is directed to them; the applicant is not prohibited by the court from engaging in the licensed type and (or) subtype of activity; all attached documents are true and valid.
I hereby agree to the use of information constituting a legally protected secret contained in information systems
__________ "__" ____ 20 __ (signature)
Individual ____________ ______________________________ (signature)
(last name, first name, patronymic (if any)
Place of stamp (if any)
Date of completion: “__” __ 20 _
Appendix 3 to the Rules for the provision of public services “Issuance of a license to engage in activities related to the distribution of TV and radio channels” |
Footnote. Appendix 3 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 04.08.2022 № 302 (shall come into effect ten calendar days after the day of its first official publication).
Form
Forms of information on compliance with qualification requirements for carrying out
activities for the distribution of TV and radio channels
1. Number of employees
______________________________________________________________;
Number of engineering and technical specialists
______________________________________________________________;
work experience in the speciality:
up to 1 year
______________________________________________________________;
more than a year
______________________________________________________________;
Specialist's name | Specialist name | Specialist's surname | Speciality | № of higher education diploma | Diploma issue date | Name of the higher education institution | Work experience in speciality | Job title |
2. Obligations to ensure: technical quality of transmission of TV and
radio channels in accordance with current standards in the field of TV and radio broadcasting:
yes/no;
organization of public notification in case of emergencies: yes/№
3. Technical details:
1) name of the network being created:
terrestrial/cable/satellite/via telecommunications network;
2) broadcasting coverage area ________________________________________;
3) network type____________________________________________________;
name of the standard________________________________________________;
number of the standard ______________________________________________;
4) list of distributed TV and radio channels______________________________;
list by stages of development _________________________________________;
brief characteristics _________________________________________________;
5) conditional access system, in case of using ____________________________;
6) principles of organizing the network management and operation system______
__________________________________________________________________;
7) network capacity and/or number of subscribers, including by stages of development:
MHz volume _______________________________________________________;
number of subscribers________________________________________________;
8) interaction with other TV and radio broadcasting and communication networks:
contract number ___________________ (including the reception of TV channel signals from
other TV broadcast operators);
date of conclusion of the contract _______________________________________;
with whom the contract was concluded (name of legal and individuals)
__________________________________________________________________;
9) method of organizing interstation connections, indicating specific technical means:
using own technical means ____________________________________________;
via leased channels of other networks ____________________________________;
contract number _____________________________________________________;
date of conclusion of the contract _______________________________________;
with whom the agreement was concluded (name of legal entity and individual)
__________________________________________________________________
__________________________________________________________________;
10) the method of organizing the connection of the applicant’s network to the networks of
other operators:
contract number _____________________________________________________;
date of conclusion of the contract _______________________________________;
with whom the contract was concluded (name of legal and individuals)__________;
11) name of the equipment for which it is necessary to obtain frequency
assignments (for terrestrial/cable/satellite networks) _________________________;
___________________________________________________________________
12) source and method of delivery of distributed TV and radio channels to the head office
station:
studio location _____________________________________________________;
type of network used ________________________________________________;
13) availability of a sanitary passport of equipment with frequency assignment
(in the case of distribution of TV and radio channels using the radio frequency spectrum):
number and date of issue
________________________________________________________________;
name of the authority that issued the passport _____________________________;
passport validity period ______________________________________________;
14) artificial earth satellites (in the case of using satellite communication channels)
(for terrestrial/cable/satellite networks):
name ______________________________________________________________;
affiliation ___________________________________________________________;
location ____________________________________________________________;
service zone _________________________________________________________;
occupied frequency band _______________________________________________;
channel speed ________________________________________________________;
energy characteristics of the satellite system ___________________________.
4. Preliminary agreements for the retransmission of TV and radio channels with TV and
radio companies-right holders (for multi-program broadcasting): agreement number
__________________________________________________________________;
date of conclusion ___________________________________________________;
with whom the agreement was concluded (name of the legal entity and individual)
_________________________________________________________________.
List of channels specified in the contract _________________________________.
5. Availability of premises and area for placement and operation of technical equipment:
Area of the rented premises __________________________________;
Location of the rented premises _______________________________;
lease agreement number ______________________________________________;
date of conclusion of the lease agreement ________________________________;
with whom the lease agreement was concluded ____________________________.
6. Availability of premises and area for administrative and management
personnel.
Area of rented premises ________________________________________________;
Location of the rented premises __________________________________________;
lease agreement number ________________________________________________;
date of conclusion of the lease agreement __________________________________;
with whom the lease agreement was concluded ______________________________.
7. Availability of premises and area to serve the population:
Area of the rented premises______________________________________________;
Location of the rented premises __________________________________________;
lease agreement number ________________________________________________;
date of conclusion of the lease agreement __________________________________;
with whom the lease agreement was concluded ______________________________.
Appendix 4 | |
to the Rules for the provision of | |
the public service | |
"Issuance of a license | |
for engaging in activities | |
related to the distribution of | |
television and radio channels" |
Footnote. Appendix 4 is in the wording of the order of the Minister of Culture and Information of the Republic of Kazakhstan dated 30.10.2024 № 502-НК (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
List of basic requirements for the provision of a public service (name of a public service) "Issuance of a license for engaging in activities related to the distribution of television and radio channels" | ||
1 | Name of the service provider | Information Committee of the Ministry of Culture and Information of the Republic of Kazakhstan |
2 | Methods of providing a public service | Applications are accepted and results are issued via the web portal of the "electronic government": www.egov.kz, www.elicense.kz. |
3 | Term of providing a public service |
Term of providing - 13 (thirteen) business days. |
4 | Form of providing a public service | Electronic (partially automated) |
5 |
Result of providing a public service | The result of providing a public service is a license for engaging in activities related to the distribution of television and radio channels (hereinafter - the license), or a reasoned response to refuse to provide a public service, in cases and on the grounds stipulated by these rules. On the portal, the result of providing a public service or a reasoned response to refuse to provide a public service shall be sent to the "personal account" in the form of an electronic document signed with the digital signature of the authorized person of the service provider. |
6 | The amount of the fee charged to the service recipient when providing a public service and the methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan |
The public service is provided on a paid basis to individuals and legal entities. The rates for the provision of the public service in accordance with paragraph 4 of Article 554 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) are: |
7 |
Schedule of work of the service provider and information objects |
1) the portal - around the clock, except for technical breaks due to repair works (if the service recipient applies after working hours, on weekends and holidays, in accordance with the labour legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the provision of the public service shall be issued on the next business day); |
8 | List of documents and information requested from the service recipient for the provision of a public service |
1) to obtain a license: an application (request) in the form of an electronic document certified by the service recipient's digital signature; the information form specified in Appendix 3 to these Rules; an electronic copy of the diagram for organizing public notification in the event of an emergency (drawn up in any form); an electronic copy of the diagram for organizing the television and radio broadcasting network (for terrestrial/cable/satellite networks) (drawn up in any form); an electronic copy of the transmission plan used in the network of receiving and transmitting satellite stations provided by the satellite operator (in the case of using satellite communication channels); an electronic copy of the list of measuring instruments and testing equipment used, indicating the metrological characteristics; an electronic copy of the certificates confirming the verification or metrological certification of measuring instruments and testing equipment (in the case of providing services using a telecommunications network, the availability of measuring instruments and testing equipment is not required); |
9 | Grounds for refusal to provide a public service established by the laws of the Republic of Kazakhstan |
1) establishment of the documents inaccuracies submitted by the service recipient to receive the public service, and/or the data (information) contained therein; |
10 | Other requirements taking into account the specifics of the provision of a public service. | The service recipient receives the public service in electronic form through the portal, subject to the availability of an electronic digital signature. The service recipient receives information on the procedure and status of the public service provision in the remote access mode through the "personal account" of the portal, as well as a unified contact centre for the provision of public services. Contact phone numbers of reference services for the provision of public services are listed on the Internet resource www.mam.gov.kz, in the "Public services" section, a unified contact centre for the provision of public services: 1414, 8 800 080 7777. |
Appendix 5 to the order of April 2, 2020 № 101 |
The Rules for the provision of public services
“Registration, re-registration of foreign periodicals distributed
on the territory of the Republic of Kazakhstan”
Footnote. Appendix 5 was excluded by order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 25.02.2022 № 50 (shall come into effect ten calendar days after the day of its first official publication).
Annex 6 to order dated April 2, 2020 № 101 |
The list of orders recognized as invalid
1. The order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505 "On approval of standards for public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 11301, published on July 2, 2015 in the information and legal system "Adіlet").
2. The order № 655 of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 "On approval of regulations for state services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 11580, published on July 22, 2015 in the information and legal system "Adіlet").
3. The order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated January 26, 2016 № 82 "On introduction of amendments and additions to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505" On approval of public services standards in the field of information " (registered in the Register of State Registration of Regulatory Legal Acts № 13347, published on March 15, 2016 in the information and legal system "Adіlet").
4. The order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated February 17, 2016 № 198 "On introduction of amendments to the order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information by the Ministry for Investments and Development of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts № 13477, published on April 7, 2016 in the information and legal system "Adіlet").
5. The order of the Minister of Information and Communications of the Republic of Kazakhstan dated March 24, 2017 № 104 "On introduction of amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505" On approval of public services standards in the field of information " (registered in the Register of State Registration of Regulatory Legal Acts № 15124, published on May 29, 2017 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
6. The order of the Minister of Information and Communications of the Republic of Kazakhstan dated June 13, 2017 № 221 "On introduction of amendments and additions to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information by the Ministry for Investments and Development of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts № 15329, published on July 25, 2017 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
7. The order of the Minister of Information and Communications of the Republic of Kazakhstan dated December 24, 2018 № 534 "On introduction of amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 18022, published on January 3, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
8. The order of the Minister of Information and Public Development of the Republic of Kazakhstan dated April 17, 2019 № 67 "On introduction of amendments to the order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 18563, published on May 17, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
9. The order of the Minister of Information and Public Development of the Republic of Kazakhstan dated July 4, 2019 № 203 "On introduction of amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 18989, published on July 12, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
10. The order of the Minister of Information and Public Development of the Republic of Kazakhstan dated September 2, 2019 № 322 "On introduction of amendments to the Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 19353, published on September 9, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).