GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN
Decision
“ABOUT COMMUNICATION SERVICES OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN”
On May 11, 2011 No. 252, Dushanbe city.
In accordance with Article 12 of the Constitutional Law of the Republic of Tajikistan “On the Government of the Republic of Tajikistan” and in order to implement the Decree of the President of the Republic of Tajikistan dated February 28, 2011 No. 1026 “On further improvement of the structure of the central executive body of the Republic of Tajikistan”, the Government of the Republic of Tajikistan decides:
1) The Communications Service under the Government of the Republic of Tajikistan is being created on the basis of the State Service for Control and Regulation in the Sphere of Communications and Information and the Department of Communications and Information of the former Ministry of Transport and Communications of the Republic of Tajikistan.
2) To approve the Regulations, the Structure of the central office, the Management Plan and the List of enterprises, institutions and organizations of the Communications Service under the Government of the Republic of Tajikistan (Appendices 1, 2, 3, 4).
3) The maximum number of employees of the Communications Service under the Government of the Republic of Tajikistan is set at 70 units (excluding service personnel), including the Central Office in the amount of 55 units (without service personnel).
4) Allow the Communications Service under the Government of the Republic of Tajikistan to have two deputy chiefs and a board of 5 people.
5) Set a limit of 8 cars for the Communications Service of the Government of the Republic of Tajikistan, including 4 cars for the Central Office.
6) Financing of the Central Office of the Communications Service under the Government of the Republic of Tajikistan, the bodies listed in the Management Plan of the Communications Service under the Government of the Republic of Tajikistan shall be carried out at the expense of the republican budget and other funds as agreed with the Ministry of Finance of the Republic of Tajikistan.
7) The Communications Service under the Government of the Republic of Tajikistan, together with the State Committee for Investments and State Property Management of the Republic of Tajikistan, resolve organizational, legal and financial issues of reorganization of state enterprises in accordance with the established procedure.
8) Decree of the Government of the Republic of Tajikistan dated March 3, 2007 No. 108 “On the State Communications Service for Control and Regulation in the Sphere of Communications and Information” shall be recognized as invalid.
President Republic of Tajikistan Emomali Rahmon
REGULATIONS
COMMUNICATION SERVICES OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN
- Key points
1) The Communications Service of the Government of the Republic of Tajikistan (hereinafter referred to as the Communications Service) is the central body of state executive power and develops and implements a unified state policy for the management, control, regulation and implementation of services in the field of telecommunications. , postal communication and information (hereinafter referred to as communication and information).
2) In its activities, the communication service is guided by the Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan, decisions and orders of the Government of the Republic of Tajikistan, international legal documents recognized by the Republic of Tajikistan, as well as other regulatory legal documents related to the field of communications and informatization, and this Regulation.
- Powers
3) The communication service provides for the following measures:
– participation in the development and implementation of a unified state policy in the field of development of electrical, postal and information communications;
– development and approval of draft regulatory legal documents in the field of communications and information;
– management, coordination, control and state regulation of activities in the field of communications and informatization;
– participation in the development and implementation of proposals for the state investment policy in the field of communications and informatization;
– determination of the main directions of development of this sphere and submission of proposals to the Government of the Republic of Tajikistan;
– coordination of foreign economic activity of legal entities and individuals in the field of communications and informatization;
– defines and submits for consideration of the Government of the Republic of Tajikistan the list of services in the field of communication and informatization;
– licensing of activities in the field of communications and informatization in accordance with the law, as well as control over the fulfillment of license conditions and requirements;– control of communication tariffs;
– sending proposals to the relevant authorities on raising or lowering tariffs in the field of communications and information;
– ensuring and controlling equal access of all users to electronic communications networks, mail and courier based on quality service and confidentiality of information, as well as confidentiality of private information about users;
– participation in the development and implementation of state policy in the field of public service;
– establishing the procedure for interconnection, the procedure for issuing permits in the field of communications and informatization, quality standards for services in the field of telecommunications, mail, information;
– creation of a certification system in the field of communications and informatization;
– management of the National Electric Communications Numbering Plan;
management and organizational and technical support of the State Commission on Radio Frequencies of the Republic of Tajikistan;
–preparation and promotion of a unified state policy in the field of distribution and use of radio frequency resources of the Republic of Tajikistan;
– participation in the development and approval of tariffs for communication and informatization services;
– participation in the privatization of state-owned enterprises.
4) Communication service functions:
– development of draft regulatory legal documents in the field;
– preparation of the National Numbering Plan of the Republic of Tajikistan and its maintenance, allocation of numbers or ranges of numbers (including intercity and international codes, universal service short numbers, IP addresses);
– development of conditions and requirements for licensing, issuance, extension, suspension, termination and revocation of licenses for activities in the field of communications and informatization in accordance with the requirements of the law;
– representation of the interests of the Government of the Republic of Tajikistan on issues of communications and information in the conduct of international activities, as well as coordination of international activities of legal entities and individuals in the field of communications and information in the prescribed manner;
– monitoring compliance with the requirements of laws, standards, rules, regulations, technical regulations, license conditions and requirements, compliance with the procedure for using allocated radio frequencies and the technical means used, the procedure for using allocated numbers;
– approval of agreements on connection of telecommunications operators;
– participation in the work of the International Telecommunication Union, the Regional Telecommunication Union, the Universal Postal Union and other international organizations in the field of communications and information;
– conducting an examination of projects and programs for the creation and development of software and hardware, information systems and networks, information technologies from a technical point of view and the provision of opinions;
– technical support of e-government, e-commerce, telemedicine, development, use of information and communication technologies, diagnostics of existing networks and their control;
– conducting a survey of the telecommunication network in order to determine the possibility of interconnection and make appropriate decisions;
– control and examination of the state and development of communication networks, the operation of service points and the sale of communication devices and equipment, the quality of services in the field of electrical, postal and information communications, the timeliness of payment of established payments to the state budget;
– prepare proposals, recommendations for the State Commission on Radio Frequencies on the establishment of a policy for the use of radio frequencies, radio electronic devices and high-frequency devices for civil use, taking into account enforcement
their electromagnetic and adoption of frequency distribution standards;
– conducting round-the-clock radio monitoring and ensuring electromagnetic compatibility of radio-electronic means and high-frequency devices;
– ensuring the coordination of frequency assignments with the communications administrations of foreign states and registration of frequency assignments to radio electronic means and high-frequency devices in the prescribed manner;
– participation in the preparation of draft agreements between the Communications Service and the communications administrations of foreign states on issues related to the communications and informatization industry, cooperation with the communications administrations of foreign states, regional and international organizations in the field of communications and informatization;
– creation and maintenance of a database of frequency assignments for civil radio-electronic means;
– development and implementation of concepts, main directions for the development of telecommunication networks, postal communications, information systems based on monitoring the state of medium-term and long-term forecasts for the development of the communications and informatization industry;
– in accordance with regulatory legal documents in the field of communications and informatization, take appropriate measures to provide state authorities, local executive authorities and other consumers with electronic, postal and information services;
– definition of tasks, goals, standards and control procedures to ensure the proper quality of communication and information services in accordance with applicable law and the implementation of such control;
– determination of technical requirements for communication and informatization facilities used in the communication and information network;
– regulation of the use and legal protection of the radio frequency resources of the Republic of Tajikistan at the international level, distribution (assignment) of the radio frequency spectrum, conducting an examination for electromagnetic compatibility; – promotion of business development in the field of communications and information; – ensuring the implementation of the state concept of providing the population with access to communication and informatization services; – control of tariffs approved and agreed upon by the authorized state bodies in the field of communications and informatization, together with the relevant authorities, take appropriate measures against unfair competition;
– in accordance with the established procedure, control over compliance with the conditions and requirements of permits in the field of communications and informatization, elimination of unauthorized signals and radio interference;
– monitoring compliance with the requirements for the construction of communication networks and their expansion, regardless of the type of network;
– interaction with other state bodies in the field of telecommunication networks management and implementation of measures for their restoration in emergency situations, as well as the development and implementation of plans for the mobilization of these networks in emergency situations;
– issuance of a certificate of conformity for radio electronic means and high-frequency devices, telecommunication services, means, devices and end equipment in the field of telecommunications, including software imported from abroad;
– establishment of samples, denomination (value), number of issues and validity period of state postage stamps, samples of marked postal envelopes (envelopes), organization of their issue and circulation;
– organizing the designation of postal codes on the territory of the Republic of Tajikistan, the formation of a state collection of postage marks;
– establishing the principles of settlements between postal organizations, including money transfer operations, organizing settlements with postal organizations of foreign states for sending international postal correspondence;
– regulation of the activities of state enterprises, organizations and institutions on issues of communication and informatization;
– establishing the procedure for switching the load of telecommunication networks, resolving disputes within their competence;
– determination of the procedure for using certificates of other countries in the Republic of Tajikistan in accordance with established standards, specifications and other norms, including international and national standards of other countries in the prescribed manner on the basis of bilateral agreements on the recognition of certificate;
– in the interests of defense and security of the Republic of Tajikistan, law enforcement, security of citizens and in emergency situations, ensuring the fulfillment of duties assigned to electronic communications operators in accordance with the Law of the Republic of Tajikistan “On operational-search activities”;
–performance of work on the calculation and provision of distribution of the regional frequency band for radio electronic equipment and devices of high frequency, electromagnetic compatibility, maintenance of radio frequency resources in a state of constant readiness, their coordination and conduct of radio control, radio monitoring and diagnostics on the basis of an agreement and a price list in the prescribed manner in agreement with the authorized government bodies;
–organizing and holding a competition for licensing, allocation of radio frequencies and numbering in the field of communications;
– organizing the reception of citizens, timely consideration of their appeals and sending answers in the manner prescribed by law;
– organization of professional training and retraining of employees, advanced training and education;
– fulfillment of other obligations stipulated by the legislation.
5) In order to exercise its powers, the Communications Service has the right to:
– submit for consideration by the Government of the Republic of Tajikistan draft regulatory legal acts in the field of communications and informatization;
– involve government bodies, organizations, enterprises and institutions, regardless of their form of ownership and belonging to the implementation of state policy in the field of electrical, postal and information communications;
– request and receive documents and other necessary information (including payment information) from state bodies, legal entities and individuals operating in this area or being users of radio electronic means and high-frequency devices in order to perform the tasks assigned to the Communications Service.
– use and dispose of property and funds on the balance sheet and accounts;
– create technical and economic diagnostic and analytical centers;
– participate in the creation, reorganization, liquidation and privatization of enterprises in this area and give opinions;
– check and inspect the activities of users of radio electronic means and high-frequency devices in order to comply with the procedure for their use;
– allow legal entities and individuals to enter and leave the territory of the Republic of Tajikistan, use radio electronic equipment, high-frequency devices and other means of communication, including for the purpose of trial use, prohibiting their use that does not comply with technical standards and standards;
– allow legal entities and individuals to use the radio frequency spectrum, withdraw radio frequencies if they do not comply with the procedure for their use;
– use the appropriate equipment that has passed the state check when carrying out tests, measurements, checks and tests;
– hold seminars, conferences and other events in order to fulfill the duties assigned to him;
– develop and approve instructions, rules, specifications and other materials of a regulatory nature;
– in accordance with the established procedure, issue licenses to legal entities and individuals to exercise the right to operate in the field of communications and informatization, extend the period for the commencement of activities on the basis of a license, maintain a list of licenses issued in the field of communications and information;
– issues a certificate of conformity for radio electronic means and high-frequency devices, communication services, means, devices and end equipment in the field of telecommunications, including software imported from abroad;
– check and inspect the activities of postal operators for compliance with the rules of postal and courier communications;
– allow the use of numbers or ranges of numbers (including area and international codes, universal service short numbers, IP addresses);
– establish standards, norms, rules, conditions and requirements for licensing and procedures for the use of the radio frequency spectrum;
– hold separate competitions to determine the best services of the operator by types of services and expansion;
– register agreements on connection, connection for the provision of international services, international connection for the provision of communication services;
– approves the plan for organization of the network of internal and external communications and the network development program and controls its observance;
– allow the use of frequencies, including the joint use of civil frequencies;
– allow sharing of the communication network, agree on internal and external roaming;
– allow crossing the state border by means of communication and cables;
– conduct an examination of communication and informatization means imported into the republic and produced in the republic;
– carry out supervisory activities in the field of communications and informatization;
– apply to the judicial authorities with claims and participate in the process of their consideration;
– involve experts, specialists, as well as employees of other state bodies and organizations within their powers to conduct examinations and give recommendations;
– organize business entities in accordance with the established procedure;
– participate in solving investment issues (from the budget), including the preparation of the budget for the development of communications and informatization;
– within the limits of its powers, adopt normative documents and instructions to them, obligatory for execution by all business entities in the field of communications and informatization of the Republic of Tajikistan;
– participate in the discussion of issues of state statistical reporting, taxation, lending, scientific and technical, etc., related to activities in the field of communications and informatization, and make proposals to the relevant authorities;
– in order to comply with standards, norms and rules, licensing conditions, conduct inspections and inspections of the activities of business entities and individual entrepreneurs providing services in the field of communications and informatization, and bring violators to justice. 3. Organization of activities 6) The Communication Service is headed by the Chief, who is appointed and dismissed by the Government of the Republic of Tajikistan.
7) The head is personally responsible for the fulfillment of the duties assigned to the Communications Service and the implementation of the state policy in the field of communications and informatization.
8) The head has two deputies who are appointed and dismissed by the Government of the Republic of Tajikistan.
9) The maximum number of employees and the number of deputy heads of the Communications Service are established by the Government of the Republic of Tajikistan.
10) The head has the following powers: – appointment and dismissal of heads of enterprises, institutions and organizations of the communication system; – protects the interests of the Communications Service in state bodies and exercises general management of the Communications Service; – issues, within its authority, orders and instructions, the
implementation of which is mandatory for employees of the Central Office, regional structures and enterprises of the Communication Service system; – distributes tasks between his deputies and heads of structural divisions of the Central Office; – approves regulations on structural subdivisions of the Central and Regional Offices;
– appoints and dismisses employees of the Communications Service in accordance with the established procedure;
– leads the board;
– in the manner prescribed by the legislation of the Republic of Tajikistan on public service, resolves issues related to public service in the Communications Service;
– exercise other powers in accordance with the legislation of the Republic of Tajikistan.
11) Financing of the Central Office of the Communications Service under the Government of the Republic of Tajikistan, the bodies listed in the Management Plan of the Communications Service under the Government of the Republic of Tajikistan is carried out at the expense of the republican budget and other funds as agreed with the Ministry of Finance of the Republic of Tajikistan.
12) The communication service is a legal entity, has a seal indicating the State Emblem of the Republic of Tajikistan and its name in the state language, appropriate stamps and stamps, letterheads and is financed from a single account of the Central Treasury Department of the Ministry of Finance of the Republic of Tajikistan.
13) The Communications Service has special property and funds on the balance sheet and accounts of the Communications Service. The property provided to the Communications Service belongs to the property of the Republic.
14) Legal address of the Communication Service: 734025, Dushanbe city, Rudaki Ave., 57 .
Annex 2
By decision of the government
The Republic of Tajikistan
dated May 11, 2011 No. 252
was confirmed
COMPOUND
CENTRAL DEVICE OF COMMUNICATION SERVICES UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN
Leadership
Department of Communications and Information
Regulatory Council
Remote Control
Department of Accounting and Finance
Department of International Relations
Legal Department
Department of Personnel and Special Affairs
General section
Appendix 3
By decision of the government
The Republic of Tajikistan
dated May 11, 2011 No. 252
was confirmed
MANAGEMENT PLAN
COMMUNICATION SERVICES OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN
Central device
Department of Communication Services under the Government of the Republic of Tajikistan in the Badakhshan mountain Autonomous Region
Department of the Communications Service under the Government of the Republic of Tajikistan in the Sughd region
Office of the Communications Service under the Government of the Republic of Tajikistan in Khatlon region
Department of Communication Services under the Government of the Republic of Tajikistan for the Kulobb region
Appendix 4
By decision of the government
The Republic of Tajikistan
dated May 11, 2011 No. 252
was confirmed
NAMES ENTERPRISES, INSTITUTIONS AND ORGANIZATIONS OF THE SYSTEM OF COMMUNICATION SERVICES UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN
Open Joint Stock Company “Tajiktelecom”
State Institution “Center for Electromagnetic Compatibility and Radio Monitoring”
State Unitary Enterprise “Tajik mail”
State Unitary Enterprise “Special communications”
State Institution ” Brand Center”
State Institution “State Courier Service”
State institution “Housing and communal services”
The editorial office of the newspaper “Weekly ” “Connection ”
Administrative Protection Group