LAW
OF THE REPUBLIC OF TAJIKISTAN
"ON TELECOMMUNICATIONS"
This Law establishes the legal framework for the regulation and administration of the activities in the field of telecommunications, establishment, operation and development of telecommunications which are effected within the jurisdiction of the Republic of Tajikistan and determines the prerogatives of state administration and regulation in the specified field, as well as the rights and obligations of physical and legal persons participating in the specified activities or using the telecommunications services.
CHAPTER I. GENERAL PROVISIONS
Article 1. Purpose of telecommunications
Telecommunications are the integral part of the economic and social infrastructure of the Republic of Tajikistan and they operate within its territory as an interconnected industrial and economic system designed to satisfy the needs of physical and legal persons, state administration and regulatory authorities in the telecommunications services.
Article 2. Definitions
The following basic definitions are used for the purpose of this Law:
"telecommunications" - any transmission or reception of signs, signals, written texts, images, sounds or intelligence of any nature by means of wire, radio (wireless), optical or any other electromagnetic systems;
"telecommunications network" - transmission systems, switching or routing equipment and any other sources of signals transmission by means of wire, radio, optical or any other electronic facilities including satellite communications networks, fixed (line or packet switching including Internet and IP-telephony) and mobile terrestrial networks used for the television and broadcasting, as well as cable networks irrespective of the type of information transmitted;
"telecommunications services" - product (result) of the activities of operator and provider on reception, transmission and processing of signals and other kinds of information by means of telecommunications networks;
"terminal equipment" - the technical facilities (equipment) or devices connected to the subscriber lines or connected by means of wire, fiber-optic and electromagnetic devices (equipment) to the telecommunications network through which the user may transmit, process or receive information;
"interconnection" - technological interoperation of the telecommunications networks of the different telecommunications operators providing transmission and reception of the information of the users;
"radio equipment" - electrical transmitting or receiving equipment by means of which the transmission of information can take place without any wire telecommunications lines;
"radio frequency spectrum" - entire range of electromagnetic waves (microwaves with frequencies from 3 kHz to 3000 GHz) propagated through space without an artificial medium and used for establishing telecommunications, radiocommunications, television and broadcasting and for any other transmission of electromagnetic signal without any physical connection;
"telecommunications facilities" - technical facilities, equipment, structures or systems that are used to form, process, transmit, receive and switch the electromagnetic or optical signals;
"telecommunications network operator" - legal or physical person owning the telecommunications network, ensuring its operation and development and providing the telecommunications services;
"telecommunications services provider" - legal or physical person providing commercial telecommunications services to the users through the networks of operators;
"universal services" - a package of public telecommunications services provided to all categories of users and including access to telephone and telegraph services, information service and a telephone directory, public pay phones services for the conveyance of emergency calls free of charge;
"user of telecommunications services " - physical or legal person using or having demand for public telecommunications services;
"governmental communications network" - special communications network ensuring the transmission of information which is the state secret and which is operated in the interests of state administration during the peace and the war;
"numbering system" - procedure of distribution and allocation of the numbering (the combination of numbers or digits) to the operators, providers and terminal equipment of the users;
"numbering plan" - concrete allocation of numbering to the operators, providers and terminal equipment of the users.
Article 3. Principles of the activities in the field of telecommunications
Activities in the field of telecommunications is carried out on the basis of the following principles:
- equal access of all legal and physical persons to the modern and efficient telecommunications infrastructure and telecommunications services;
- promotion of effective and free competition in telecommunications markets in the interests of the users;
- establishment of favorable conditions for attraction of foreign investments to the telecommunications sector;
- establishment public network access and interconnection conditions that guarantee in an objective, transparent and non-discriminatory manner, equal conditions on the market and the possibility of communications among users;
- promotion of reliable and high quality traditional telecommunications services provision, introduction of new services and ensuring of compatibility of telecommunications networks with the international telecommunications networks;
- provision of universal services throughout the territory of the Republic of Tajikistan in the light of the specific national features and conditions;
- ensuring of the confidentiality of the information transmitted by the users by the telecommunications network operators;
- accessibility to the telecommunications networks during the emergency situations and for the purpose of state administration, defense, national security and law and order in the Republic of Tajikistan.
Article 4. Legislation of the Republic of Tajikistan in the field of telecommunications
Legislation of the Republic of Tajikistan in the field of telecommunications is based on the Constitution of the Republic of Tajikistan and consists of this Law, other legal acts of the Republic of Tajikistan and international legal acts recognized (accepted) by the Republic of Tajikistan.
CHAPTER II. STATE ADMINISTRATION IN THE FIELD OF TELECOMMUNICATIONS
Article 5. State administration in the field of telecommunications
State administration of the activities in the field of telecommunications and radio frequencies in the Republic of Tajikistan is carried out by the Government of the Republic of Tajikistan and the Ministry of Communications of the Republic of Tajikistan.
Article 6. Powers of the Government of the Republic of Tajikistan
The Government of the Republic of Tajikistan shall have the following powers in the field of telecommunications:
- realization of the state policy in the field of telecommunications;
- establishment of conditions necessary to attract investments;
- elaboration and implementation of demonopolization and privatization in the field of telecommunications;
- approval of the list of universal services.
The Government of the Republic shall delegate its powers for the regulation of the telecommunications sector according to the legislation of the Republic of Tajikistan to the Ministry of Communications of the Republic of Tajikistan, the authorized agency of the Republic of Tajikistan for regulation of communications, and other executive authorities of the Republic of Tajikistan according to their competence assigned to them by this Law.
Article 7. Powers of the Ministry of Communications of the Republic of Tajikistan
The Ministry of Communications of the Republic of Tajikistan is allocated the following basic powers:
- elaboration of uniform policy in the field of telecommunications in the Republic of Tajikistan according to the principles set out by this Law;
- implementation of this policy with a view to expanding the scope of coverage of telecommunications systems in such a manner as meets the needs of economic and social developments in the Republic of Tajikistan;
- elaboration of draft laws and other legal acts as well as standards, norms and rules governing the activities in the telecommunications sector in accordance with the established procedures;
- establishment of the conditions necessary to attract foreign and national (local) investments to the telecommunications sector, establishment of competitive environment for the operators and providers to ensure the access of the users to the most advanced telecommunications services;
- conduction of negotiations with other states and governments in the field of telecommunications when allocated the appropriate powers conduct negotiations and conclusion of the appropriate agreements;
- implementation of the activities within the regional and international organization in the field of telecommunications as the uniform Administration of Communications;
- implementation of the other functions assigned to it in conformity with this Law and in other legal acts.
CHAPTER III. REGULATION IN THE FIELD OF TELECOMMUNICATIONS
Article 8. Regulatory authorities in the field of telecommunications
Regulation of the activities in the field of telecommunications is carried out by the authorized agency of the Republic of Tajikistan for regulation of communications and State Inspectorate of Communications at the Ministry of Communications of the Republic of Tajikistan.
The authorized agency of the Republic of Tajikistan for regulation of communications, its status and organizational structure shall be defined by the Government of the Republic of Tajikistan.
Article 9. Functions of the authorized agency for regulation of communications
The authorized agency for regulation of communications within its competence and in accordance with this Law shall implement the following functions:
- control (regulation) and support free (effective and fair) competition between the telecommunications operators including by approval of corresponding rules and instructions;
- provision of equal access of all users to the public telecommunications networks based on the provision of high quality telecommunications services and confidentiality of information, as well as non-disclosure of private information regarding the users;
- in the interests of the national defense and security of the Republic of Tajikistan, safeguarding law as order and in emergency situations implementation of obligations assigned to the public telecommunications network operators;
- control of the status and development of the public telecommunications networks and the public telecommunications services;
- issuance of authorizations and regulation of the radio frequencies within the bands used by operators and service providers providing telecommunications services;
- development and control of implementation on national numbering plan in the Republic of Tajikistan (including long-distance and international codes), ensuring efficient use of numbers, as well as allocation of numbers or numbering ranges to the telecommunications operators;
- control of the telecommunications services provided and technical condition of telecommunications facilities.
Article 10. Powers of the authorized agency for regulation of communications
With the purpose of implementation of its functions the authorized agency for regulation of communications shall be allocated the following powers:
- issuance of licenses in accordance with this Law and licensing provisions approved by the Government of the Republic of Tajikistan;
- certification and issuance of certificates of conformity for telecommunications equipment, services (or procedures for use of certificates of other countries) and other technical facilities with radio frequency emissions or which are the source of high frequency electromagnetic waves used in the Republic of Tajikistan;
- in cooperation with the State Agency for Antimonopoly Policy taking measures to prevent the activities against competition in the telecommunications sector;
- regulation of tariffs and quality of telecommunications services according to the provisions of this Law;
- approval of tariffs for the telecommunications services provided by telecommunications operators with significant dominant market power;
- regulation of the cconditions for the joint use (interconnections) of public telecommunications networks by operators;
- approval of interconnection tariffs for telecommunications services provided by telecommunications operators with dominant market power;
- control of compliance with the standard requirements, rules, legal acts and conditions of the licenses including enforcement of execution by the licensees of the conditions of their licenses taking appropriate measures according to the existing legislation;
- collection and ensuring of confidentiality of the collected information, when necessary, submission of the results of inspections and other materials related to them to the appropriate authorities in accordance with the established procedures;
- control of compliance of the activities of legal and physical persons who were issued authorizations for use of electromagnetic frequencies with the provisions of these authorizations; identification and elimination of non-authorized signals and interference;
- adoption, issuance and control of the proper implementation of rules, methodological recommendations, instructions and other acts required for execution of its powers;
- establishment of clear procedures for settlement of disputes between telecommunications operators, telecommunications operators and the users of telecommunications services;-
- execution of other functions and powers according to this Law or other legal acts of the Republic of Tajikistan.
Decisions of the authorized agency for regulation of communications shall be obligatory for all regulated entities in the field of telecommunications regardless of the form of their ownership.
Article 11. State Inspectorate of Communications at the Ministry of Communications of the Republic of Tajikistan
State Inspectorate of Communications at the Ministry of Communications of the Republic of Tajikistan shall be the authority which executes the following functions within its competence and in accordance with this Law:
- issuance of authorizations and regulation of radio frequency spectrum except for the frequencies used for the provision of telecommunications services and data transmission;
- issuance of authorizations for import of radio electronic equipment and high frequency devices having radio frequency emission or being the source of electromagnetic waves to the territory of the Republic of Tajikistan;
- establishment, development and operation of the system of electromagnetic control, which is the interconnected system of technical facilities for (electromagnetic) radio control in the Republic of Tajikistan and used to make general measurements of the use of canals and frequency bands, check of the technical and operational characteristics of transmitted electromagnetic signals, reveal and identify non authorized radio transmitters and sources of high frequency electromagnetic emission, radio interferences;
State Inspectorate of Communications at the Ministry of Communications of the Republic of Tajikistan shall act based on the Provisions approved by the Ministry of Communications of the Republic of Tajikistan.
Article 12. State Commission on Radio Frequency Spectrum of the Republic of Tajikistan
The State Commission on radio frequency spectrum of the Republic of Tajikistan is established by the Government of the Republic of Tajikistan with the purposes of development and implementation of the uniform policy of allocation and use of radio frequency spectrum, ensuring of electromagnetic compliance of the radio electronic equipment of all users and legal protection of state interests in the International Telecommunications Union and shall be chaired by the Minister of Communications of the Republic of Tajikistan.
The State Commission on radio frequency spectrum of the Republic of Tajikistan is interagency authority at the Ministry of Communications of the Republic of Tajikistan working on the joint basis. It consists of the representatives of the ministries and agencies concerned at the discretion of the Government of the Republic of Tajikistan.
The State Commission on radio frequency spectrum of the Republic of Tajikistan shall carry out its activities on the basis of Provisions approved by the Government of the Republic of Tajikistan.
Article 13. Functions of the State Commission on Radio Frequency Spectrum of the Republic of Tajikistan
The State Commission on radio frequency spectrum of the Republic of Tajikistan shall implement the following functions:
- planning of the effective and interference-free use of radio frequency spectrum by different types of radio electronic facilities (REF);
- establishment of the National Plan of frequency allocation;
- coordination of the installation of all kinds of radio stations on the territory of the Republic of Tajikistan with the purpose of guaranteeing of optimum use of the existing locations;
- development of recommendations and procedures of radio frequency spectrum usage;
- elaboration of a long-term concept for the development of the radio frequency spectrum system in the Republic of Tajikistan;
- preparation of the position and support when representing the interests of the Republic of Tajikistan in international negotiations on radio frequency spectrum issues.
Decisions on installation of radio stations shall be made only with the consent of the State Commission on radio frequency spectrum of the Republic of Tajikistan.
Article 14. Rights of the State Commission on radio frequency spectrum of the Republic of Tajikistan
The State Commission on radio frequency spectrum of the Republic of Tajikistan has the right to:
- terminate the decisions to allocate frequency bands made upon earlier by the State Commission on radio frequency spectrum of the Republic of Tajikistan;
- prohibit the use of radio frequency spectrum on the territory of Tajikistan in the event of violations of the procedures established for their use;
- terminate or prohibit the development and production of radio devices and facilities which do not comply with the technical requirements.
Article 15. Regulation of use of radio frequency spectrum
The radio frequency spectrum is the property of the Republic of Tajikistan. The procedure of regulation of radio frequency spectrum use shall be established by the Government of the Republic of Tajikistan.
Physical or legal persons shall use the radio frequency spectrum for the purposes of telecommunications networks operation and provision of telecommunications services on the basis of a authorization issued by the authorized agency for regulation of communications or State Inspectorate of Communications at the Ministry of Communications of the Republic of Tajikistan in accordance with the national frequency allocation plan approved by the State commission on radio frequency spectrum of the Republic of Tajikistan.
The authorization for use of radio frequency spectrum shall be issued simultaneously with the issue of appropriate license to the telecommunication operator in accordance with this Law.
Radio frequency spectrum shall be assigned on commercial (paid) basis.
Amount of fee and method of payment for the assigned radio frequency spectrum shall be defined by the Government of the Republic of Tajikistan.
Any technical facility that emits radio frequency waves or is a source of high frequency electromagnetic waves is subject to registration according to the procedures established by legislation of the Republic of Tajikistan.
Frequencies assigned to the users may be cancelled, changed, modified or reassigned by the State Inspectorate of Communications and authorized agency for regulation of communications accordingly only if:
- such actions are required in order to ensure national defense, security and the maintenance of law and order, or in emergencies, and only by the decision of the Government of the Republic of Tajikistan or pursuant to the international agreements;
- it is recommended by international organizations in the field of use of radio frequencies or most effective (complete) use of radio frequency spectrum;
- such users timely received authorizations for use of the other comparable radio frequency spectrum.
The expenses of telecommunications operators in relation with the transfer to the other frequencies in the result of application of provisions of the paragraph six of this Article shall be compensated in accordance with the legislation of the Republic of Tajikistan.
CHAPTER IV. LICENSING AND CERTIFICATION
Article 16. Licensing in the field of telecommunications
Activities of the physical and legal persons in the field of telecommunications shall be carried out based on a license. Licensing in the field of telecommunications shall support the following objectives:
- implementation of a uniform state policy in the field of telecommunications, coordination of the activities of different telecommunications operators on the market to ensure interconnection between them and the public telecommunications networks;
- promotion of demonopolization of activities in the field of telecommunications, liberalization of the telecommunications services market, development of entrepreneurship (private business) and free competition;
- attraction of the foreign investments for the development of the sector;
- provision of high quality telecommunications services.
Licenses for carrying out certain activities in the field of telecommunications may be of two types: class licenses and individual licenses.
Class licenses include the licenses issued to physical and legal persons to carry out activities in the field of telecommunications based on uniform requirements for obtaining licenses. The content of class licenses shall be identical for all licenses for operation of telecommunications networks of the same type and provision of the same kind of telecommunications services.
Individual licenses are the licenses issued to physical and legal persons to carry out activities in the field of telecommunications based on special requirements and conditions. Designing, construction, operation and provision of telecommunications services of:
- local, long-distance and international public telecommunications networks;
- mobile radio and cellular communications;
- personal radio communications;
- data transmission networks;
- radio and TV broadcasting networks;
shall be subject to individual licensing.
All physical and legal persons shall have equal rights to obtain a license.
Licenses may only be refused in the result of technical restraints and due to the limited availability of frequencies or when the applicant does not have the technical or financial capacity to sustainable meet the obligations resulting from the conditions under which its activities are carried out.
The procedures of issuance, modification, extension, suspension or revocation of the licenses and licensing fees shall be the defined by the Government of the Republic of Tajikistan.
If the number of licenses is limited due to technical reasons licenses may be issued on competitive (tender) basis. Procedures for competition (tender) shall be determined by the Government of the Republic of Tajikistan.
Article 17. Certification of equipment
All telecommunications facilities, including terminal equipment, used in telecommunications networks in the Republic of Tajikistan shall be subject to certification in order to comply with the established standards, technical conditions and other requirements including international and national standards of other countries which were entered into force in established manner on the basis of bilateral agreements on mutual recognition of the certificates.
Certification of telecommunications facilities and the procedures of use of certificates of other countries in the Republic of Tajikistan shall be the responsibility of authorized agency for regulation of communications.
CHAPTER V. ACTIVITIES IN THE FIELD OF TELECOMMUNICATIONS
Article 18. Rights of the telecommunications operators and service providers
Operators and providers shall have the right:
- to suspend provision of services to the users in case of violation by the users of the rules for use of telecommunications established by operators and providers;
- to get compensation for losses caused by physical and legal persons;
- appeal against illegal actions of physical and legal persons in compliance with legislation.
Operators and providers may have the other rights in accordance with the legislation.
Article 19. Rights of the users of telecommunications services
Users shall have the right to:
- access the public telecommunications network;
- connect their terminal equipment to public telecommunications network based on the conditions and procedures established by the legislation;
- be provided with timely and high quality services by the operators and providers according to the established rules;
- refuse the telecommunications services in case of violation by the operator or provider of the conditions set forth in the agreement;
- to get compensation for losses and moral damage resulting from failure to provide telecommunications services or provision of improper quality services;
- apply to the authorised state agencies or to the court in case of violation of their rights.
Users may have other rights in accordance with the legislation.
Article 20. Obligations of the telecommunications operators and service providers
Operators and providers shall be obliged to:
- provide services to the users;
- carry out their activities in the field of telecommunications according to license conditions and established rules;
- ensure the quality of the services provided according to the established standards, rules and requirements;
- ensure confidentiality of telephone conversations, telegraph and other messages transmitted through telecommunications networks;
- provide users with timely and detailed information regarding conditions and procedures for provision of telecommunications services including changes of tariffs for telecommunications services;
- provide compensation to users for the failure to implement or improper implementation of agreements on provision of telecommunications services and the failure to provide or provision of improper quality services in accordance with the legislation.
Operators and providers may have other obligations in accordance with the legislation.
Article 21. Obligations of the users of telecommunications services
The users shall be obliged to:
- follow the rules established for use of telecommunications services; use terminal equipment having the certificate of compliance with the established standards;
- make timely payments for the services provided; not take any actions aimed at reducing the quality of operation or damage of telecommunications networks;
Users may have other obligations in accordance with the legislation.
Article 22. Regulation of tariffs for telecommunications services
Tariffs for telecommunications services and interconnection tariffs shall be established on the basis of the following principles:
- tariffs are cost-oriented in order to terminate cross-subsidies;
- tariffs reflect relevant international pricing benchmarks taking into account the maximum satisfaction of the needs of the citizens in communications services;
- tariffs are balanced and their levels are set up to attract investment into the telecommunications sector;
- tariffs do not have negative impact on competitive activities of other providers on telecommunications market;
- tariffs do not establish any advantages for some users with regard to other users, unless there are reasons for that;
When establishing the tariffs the provisions and recommendations of International Telecommunications Union, of which the Republic of Tajikistan is a member, shall be taken into account.
Tariffs shall be subject to approval in the following cases:
- if there is the only one telecommunications operator which owns or controls the telecommunications network or provides telecommunications services, or if the telecommunications operator or service provider has a dominant position in the market for the service;
- if the only one or dominant telecommunications network operator cross-subsidizes the network or services provided on the competitive basis using the revenues from the services provided by it as a sole or dominant operator;
- if the authorized agency for regulation of communications detects anticompetitive pricing or other similar actions.
The authorized agency for regulation of communications shall notify the telecommunications operators in advance on the tariffs to be subject to the approval.
Article 23. Competition and restriction of monopolistic activities in the field of telecommunications
Telecommunications operators carrying out the activities in the field of telecommunications shall have equal conditions for establishment and development of telecommunications networks and the market of telecommunications services.
The authorized agency for regulation of communications shall cooperate with the State Agency for Antimonopoly Policy shall promote the effective and fair competition, take measures specified by legislation to prevent unfair competition and restrict monopolistic activities in the field of telecommunications.
Telecommunications operators shall be responsible according to the legislation of the Republic of Tajikistan for unfair competition, discrimination of the interests of users or any other actions hindering or restricting competition.
Article 24. Confidentiality of telecommunications
Confidentiality of the telephone conversations, telegraph messages, electronic and other information transmitted over the telecommunications networks is protected by the law.
All telecommunications operators shall be obliged to ensure the protection of privacy of the specified conversations and information. The information concerning the messages transmitted over the telecommunications network and the messages themselves may be disclosed only to their senders or to their legal representatives.
Listening to telephone conversations, acquaintance with the messages transmitted over the telecommunications networks, collection of the data on such messages and the other restrictions of privacy of conversations and messages shall be permitted only on the basis and according to the procedures established by the legislation of the Republic of Tajikistan.
Officials and other persons violated the provisions of this Article shall bear responsibility pursuant to the legislation of the Republic of Tajikistan.
CHAPTER VI. TELCOMMUNICATION NETWORKS, INTERCONNECTIONS, TERMINAL EQUIPMENT AND NUMBERING
Article 25. Property of telecommunications networks
Property of the telecommunications networks shall include buildings (premises), devices, equipment, cable and water drain, cable line structures, overhead telecommunications lines structures, microwave links structures and radio communication (wireless) systems, terrestrial equipment for satellite communications and transport (transmission) facilities.
Article 26. Forms of ownership of the telecommunications networks
Telecommunications network in the Republic of Tajikistan can be privately or publicly owned. The list of the publicly owned telecommunications networks and facilities shall be defined by the Government of the Republic of Tajikistan
All telecommunications network owners shall have equal rights and protected by the legislation of the Republic of Tajikistan.
Article 27. Public telecommunications network
Public telecommunications networks are designed to provide telecommunications services to any physical and legal person on the territory of the Republic of Tajikistan based on the uniform principles of service provision and payment for the services.
Any legal or physical person may create and operate a public telecommunications network and provide public telecommunications services in accordance with the provisions of this Law.
Article 28. Corporate and independent telecommunications networks
Corporate telecommunications networks are designed for the industrial and special needs of the legal and physical persons, which are operated and maintained by them. Corporate telecommunications networks may also be used for provision of telecommunications services to other users.
Independent telecommunications networks are designed by the physical and legal persons to provide telecommunications services to certain (closed) group of users.
Rules for the provision of services by the corporate or independent telecommunications networks shall be established by the operators of these networks in accordance with the legislation of the Republic of Tajikistan.
Corporate and independent telecommunications networks may be interconnected with the public telecommunications network only on the basis of the appropriate interconnection agreement. Conditions and requirements for such interconnections are determined by this Law.
Article 29. Interconnections
Public telecommunications network operators that have significant dominant market power shall be obliged to satisfy requests for interconnection of the networks of other licensed telecommunications network operators with their networks.
Interconnections shall be carried out based on agreements concluded between the telecommunications operators and approved by the authorized agency for regulation of communications. Conditions of the interconnection agreement shall not contradict with the provisions of this Law, legal acts and other interconnection conditions established by the legislation in the field of telecommunications.
Interconnection may not be refused if there is technical capacity for its implementation. Any interconnection refusal shall be fully justified.
In case of interconnection refusal the affected party may apply to the authorized agency for regulation of communications to settle the disputes arisen.
Any decision of the authorized agency of the Republic of Tajikistan for regulation of communications may be appealed to the court.
Article 30. Terminal equipment
Any legal and physical person shall have the right to import, sale, connect, maintain and operate terminal equipment.
Any terminal equipment may be connected to the public telecommunications network only if it complies with the essential requirements laid down in this Article and is properly certified.
The essential requirements for terminal equipment shall include:
- safety of the users and employees of public telecommunications network;
- electromagnetic compatibility requirements;
- effective use of radio frequency spectrum in order to avoid interference between the satellite and terrestrial systems;
- compatibility and interoperability with the public telecommunications network equipment;
- support of certain features ensuring access to emergency services and facilitating their use by the handicapped users.
The authorized agency of the Republic of Tajikistan for regulation of communications shall publish the list of the terminal equipment having certificate of conformity.
Article 31. Numbering
The authorized agency of the Republic of Tajikistan for regulation of communications shall carry out the management of the numbering, establishment and control of national numbering plan of the Republic of Tajikistan.
The authorized agency of the Republic of Tajikistan for regulation of communications shall ensure efficient allocation and use of numbers by the telecommunications operators and users having terminal equipment.
The numbers shall be assigned to the telecommunications network operators and users of telecommunications services on the commercial (paid) basis. Fees and method of payment for the use of numbering resource shall be determined by the authorized agency for regulation of communications.
Article 32. Universal services
The universal services shall be provided by the tariffs and on the technical conditions which enable some categories of users such as the users with special social needs and physical disabilities to access the telecommunications services. Transmission of calls to the emergency services free of charge shall be obligatory for all providers of public telecommunications services.
The operators shall be obliged to provide universal services. Procedure of universal services provision by the public telecommunications operators and financing of the expenses for the execution of obligations concerning the universal services shall be defined by the Regulations on universal services approved by the Government of the Republic of Tajikistan.
Article 33. Use of telecommunications networks in the interests of state administration, defense, national security, maintenance of law and order and in emergency situations
The governmental telecommunications network shall be installed and operated by the specially authorized agencies determined by the Government of the Republic of Tajikistan. The governmental telecommunications network shall ensure confidentiality of the information transmitted over this network.
All ministries and state agencies of the Republic of Tajikistan operating internal telecommunications networks and the public telecommunications network operators shall be oblige to make available their telecommunications network and services for the purposes of state administration including defense, security, maintenance of law and order and in the emergency situations.
In the emergency situations the telecommunications networks shall be managed by the Ministry of Communications of the Republic of Tajikistan in cooperation with the power agencies, as well as ministries and agencies having their own telecommunications network.
During the emergency situations (military actions, natural disasters, quarantines and etc.) specified by legislation of the Republic of Tajikistan the authorized state agencies shall have the right of priority use and suspension or restriction of operation of any telecommunications networks and facilities regardless of their ownership.
Losses incurred to any telecommunications operator by using the telecommunications networks and facilities during the emergency situations and for the purposes of national defense, security and maintenance of public order shall be compensated in accordance with the legislation and the procedures established by the Government of the Republic of Tajikistan.
Telecommunications operators shall ensure installation and operation of facilities necessary for the notification of the population on the threat of emergency situations.
Article 34. Interaction of the telecommunications operators and service providers with the agencies carrying out the operative and search activities
Telecommunications operators and service providers irrespective of the forms of their ownership which are operating on the territory of the Republic of Tajikistan, when designing, installing and operating the telecommunications networks and in accordance with the legislation of the Republic of Tajikistan shall be obliged to assist and provide to the agencies carrying out the operative and search activities the possibility to arrange operative and search events at the telecommunications networks and take measures to prevent disclosure of organizational and tactical methods of conduction of such events.
In case of illegal use of the telecommunications facilities damaging the interests of the individuals, society and state the specially authorized agencies shall have the right to suspend the operation of any telecommunications networks and facilities irrespective of their form of ownership in accordance with the legislation of the Republic of Tajikistan.
Article 35. Priority messages
Telecommunications operators and users shall to give the exclusive priority to all messages concerning:
- preservation of human life on water, on earth, in the air, and in the outer space;
- urgent events related to the national defense, security, and maintenance of the public law and order;
- major accidents, catastrophes, epidemics, epizootic, natural disasters, and other emergency situations.
Article 36. Privileges and advantages of use of telecommunications
Some certain categories of the officials of the state agencies of the Republic of Tajikistan, diplomatic and consular representatives of the other countries, representatives of international organizations and some certain groups of physical and legal persons may have the privileges and advantages of use of telecommunications in the order of sequence, use and amount of payment for the telecommunications services.
The list of the persons having the right for such privileges and advantages shall be established by the Government of the Republic of Tajikistan.
The revenues which are not received by the telecommunications operators in the result of the established privileges and advantages for use of telecommunications or other losses shall be compensated according to the procedure established by the legislation of the Republic of Tajikistan.
Article 37. Quality of telecommunications services
Telecommunications operators shall provide the users with the telecommunications services the quality of which complies with the obligatory requirements of standards and technical norms. Operators shall also make available the information on telecommunications services and their quality to the public.
The authorized agency of the Republic of Tajikistan for regulation of communications shall determine the minimum requirements on the quality of telecommunications services for the different categories of services provided by public telecommunications network operators, the tariffs of which are subject to the approval by the authorized agency for regulation of communications.
Minimum service quality requirements shall be developed on the basis of the achieved average quality of service and shall be adjusted from time to time to increase service quality taking into account needs of the users, technical development and economic feasibility.
Control of the quality of services shall be carried out on the basis of the required performance indicators and methods of quality control defined by the appropriate instruction.
The telecommunications operators shall notify the authorized agency for regulation of communications of the achieved performance quality levels on a half-year basis.
The authorized agency for regulation of communications shall have the right to prohibit provision of telecommunications services if the requirements for the quality of services are violated.
Article 38. Right for the operation of telecommunications networks and provision of telecommunications services
Physical and legal persons shall have the right to obtain the license for operation of the telecommunications network and provision of telecommunications services and the related to it authorization for use of the radio frequency spectrum.
Physical and legal persons may participate in privatization of public telecommunications networks, which are owned or controlled by the state pursuant to the legislation of the Republic of Tajikistan.
Foreign physical and legal persons shall be issued the license for the activities in the field of telecommunications and participate in privatization process on the same conditions as the physical and legal persons of the Republic of Tajikistan unless otherwise is not stated by the legislation of the Republic of Tajikistan.
Article 39. Use of languages and alphabets
All clerical work with respect to public telecommunications networks and public telecommunications executed within the Republic of Tajikistan shall be in the Tajik and Russian languages.
The address of the sender and receiver of telegrams sent within the Republic of Tajikistan shall be written in the Tajik or Russian languages.
The text of a telegram shall be written using the letters of the Tajik, Russian or Latin alphabets.
International messages transmitted over the telecommunications networks shall be processed in the languages defined by the international agreements of the Republic of Tajikistan.
Article 40. Time used for registration and reporting
For all activities carried out in relation with the provision of telecommunications services by the operators regardless of their location on the territory of the Republic of Tajikistan the uniform time shall be used for registration and reporting - local time.
CHAPTER VII. USE OF PUBLIC LAND AND THE FACILITIES OF PUBLIC TELECOMMUNICATIONS NETWORK OPERATORS
Article 41. Use of telecommunications land, development and reconstruction
of the telecommunications facilities
The telecommunications lands are the lands provided for use to telecommunications networks operators in order to enable them to implement the tasks on operation, maintenance, construction, reconstruction and repair of the telecommunications objects and structures assigned to them.
Land for carrying out of the telecommunications activities shall be provided pursuant to the procedure established by the legislation of the Republic of Tajikistan.
To ensure the operation of cable, microwave and overhead telecommunications lines the security zones shall be established. Procedure of the establishment of security zones, their dimensions, methods of use of land allocated for such purposes shall be established by the Government of the Republic of Tajikistan.
Article 42. Location of the telecommunications facilities
When designing and developing towns and other populated areas including living districts and complexes, separate public buildings and other facilities, architectural and town-planning entities along with the organizations responsible for such design and development, shall take into account, in accordance with applicable standards, telecommunications operators' requirements for the location of their facilities.
Telecommunications operators and telecommunications service providers may construct, install, and operate towers, lines or other facilities on land, buildings, poles, bridges, ducts, roads, waterways, railway tunnels and elsewhere upon notification and, if necessary, to conclude the agreement with the owners or other rights-holders of such land or facilities.
Any construction, installation and operation of a telecommunications network shall be carried out taking into account the requirements of environment protection and without the aesthetic quality of the location where the works are done. The appropriate measures shall be taken to minimize damage to private property or rights-of-way. After any construction, installation, or repair of a telecommunications network, a telecommunications operator shall be responsible for returning lands, buildings, or other facilities to their original state at its expense.
The operator shall compensate the damage made to the building, land area or structures in the result of construction, installation, repair and operation of the telecommunications network.
In the emergency situation when the urgent works on restoration of the telecommunications network or installation of the telecommunications structures on the land, in the building or other premises which are not owned by such operator are to be done, the telecommunications operator shall make all efforts to timely notify the owner of the land, building or other structures and get its consent for the implementation of such works. If the consent of the owner is not received it shall not be the obstacle for such works implementation and shall not exempt the telecommunications operator from the compensation of any damage made during such works.
Reconstruction and replacement of the structures in the result of the new construction, expansion, reconstruction of the inhabited areas and buildings, reconstruction of the roads and bridges, exploration of new lands, reconstruction of land improvement systems shall be carried out by the client of the construction in accordance with existing standards on technical conditions of the telecommunications networks and facilities owners. The increase of the telecommunications facilities capacity shall be carried out at the expense of their owner.
Article 43. Liquidation of consequences of accidents and damages of telecommunications networks
Telecommunications network operators shall liquidate the consequences of accidents and damages occurred at their networks.
State administrative agencies shall provide assistance to operators to liquidate the consequences of accidents on telecommunications networks.
Carrying out of works on liquidation of the consequences of accidents on telecommunications networks shall not require prior consent of the owner (tenant) of the land, building or construction where telecommunications facilities are located. Damage incurred to the owner (tenant) in the result of liquidation of consequences of such accident shall be compensated by operator.
Damage incurred to operators in the result of accident at telecommunications networks caused by physical or legal persons shall be compensated by those persons as specified by legislation of the Republic of Tajikistan.
CHAPTER VIII. OTHER PROVISIONS
Article 44. Liability for infringement of telecommunications legislation
Legal and physical persons which infringed the provisions of this Law shall be liable in accordance with the legislation of the Republic of Tajikistan.
Article 45. International cooperation
International cooperation in the field of telecommunications shall be carried out on the basis of agreements and treaties.
In the international activities the Ministry of Communications of the Republic of Tajikistan shall acts as a uniform administration of communications, interact with the administrations of communications of the other countries and international organizations, coordinates international activities carried out by the physical and legal persons.
Payment of contributions for participation of the Republic of Tajikistan in the activities of international organizations in the field of telecommunications shall be obligatory financed from the state budget.
Article 46. Entering this Law into force
This Law shall enter into force from the date of its official publication.
PRESIDENT
OF THE REPUBLIC OF TAJIKISTAN
10 May 2002
¹ 56
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