Licensing activity in the telecommunications sphere is conducted in accordance with the legislation of the Republic of Uzbekistan on licensing in the sphere of telecommunications.
Licensing of activity types of legal persons in the telecommunications sphere realizes by the Communications and Information Agency of Uzbekistan in accordance with the «Regulation on licensing of activity in the telecommunications sphere», authorized under the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan ¹ 458, of 22.11.2000 «On perfection steps of management system in the Post and telecommunications sphere ».
The order of issuing (refusal in issue), suspension or cancellation, revocation and annulment of licenses is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Reception and registration of applications of licenses applicant for the engagement with the activity in the sphere of telecommunications, execution of license agreements and licenses, as well as the organization of conducting the meetings of the Expert Commission on questions of licensing are carried out by the Licensing and Standardization Department (LSD) of the Communications and Information Agency of Uzbekistan.
Meeting of the Expert Commission on licensing issues holds not less than once per month.
In the telecommunications sphere the activity on designing, construction, operation and provision of telecommunication services are the subject for licensing, as:
- Local networks;
- Long-distance networks;
- International networks;
- Mobile radio telephone communication networks;
- Personal radio call networks;
- Data transmission networks;
- Telebroadcasting distribution networks (translation).
Competitors of licenses can have licenses on several of telecommunication networks depending on conducted works, as well as on some activity types (designing, construction, operation and service provision).
Activities in the telecommunications sphere can be conducted only by the legal persons.
In accordance with «Regulation on the order of the competitive distribution of radio frequencies and deliveries of individual licenses in the field of tele-radio broadcasting», approved by the decision of the Cabinet Ministers of the Republic of Uzbekistan from December, 20, 2004 ¹ 592 «On measures on maintenance of the effective utilization of radio-frequency spectrum in the field of tele-radio broadcasting» delivery of individual licenses for the activity rights in the field of distribution (translation) of television and broadcasts (except the enterprises which primary activity is the formation and distribution (translation) of the state television and radio programs, or in the statutory fund which are the state share of the property makes not less than 50 percent is carried out by the decision of the Cabinet Ministers of the Republic of Uzbekistan on a competitive basis.
Validities of licenses
Licenses for designing, construction, operation and providing services of the local, long distance, international networks, mobile radio telephone communication networks, personal radio call are determined for the term from 5 till 15 years.
Licenses for designing, construction, operation and providing services of the data transmission networks, teleradio programs distribution networks are determined for the period of 5 years.
The documents necessary for the obtaining the licenses
For obtaining the license the competitor of the license should represent the following documents to the licensing body:
à) the application on licensing under the established form with the instruction:
· names and the organizational - legal form of the legal person, a place of its presence (post address), name of the bank establishment and number of the bank account in the bank establishment;
· licensed kind of activity (its part), which the legal person is going to carry out, and term during which the specified kind of activity will be carried out;
b) notarially certified copy of the certificate on the state registration of the legal person;
c) document, which confirm the entering by the competitor of the license the gathering at a rate of five minimal wages for consideration by the licensing body of the application;
d) notarially certified copy of the certificate on the state registration of the legal persons in the Uzbek agency for print and information for the reception of license as the speaker on operation and providing services of the TV and broadcasts distribution (translation) networks;
e) the list of the basic telecommunication facilities with the instruction of their characteristics, ranges and face values of radio frequencies (at their use);
f) the plan of organization and forecast of network development, other necessary data depending on carried out works under the established form (quantity of subscribers, ports of long distance, international stations, data transmission systems and networks, cover zones, etc. parameters for concrete networks or constructions of telecommunications);
g) documents confirming the opportunity of performance by the competitor of license of requirements and conditions, showed for reception of the license for separate kinds of activity in the telecommunications sphere:
· conclusion of corresponding bodies about the conformity of sanitary requirements, fire norms and actions on protection of the unit;
· conclusion of bodies on use and control over the radio frequencies of the Republic of Uzbekistan about opportunities of the frequency assignments use, data on capacity of the transmitting devices (at reception of the license for the activity connected to the radio communication means use);
· in case of prospective use of the equipment belonging to the other person, is represented the acknowledgement of rent of this equipment. Acknowledgement can be submitted as the contract or its copy certified in establishment order.
At obtaining the licenses for the providing the services of the data transmission networks provider, including the Internet, through the data transmission operator networks without the right of creation of own network, (shared items - Internet cafe, Internet clubs, etc.) the documents stipulated by the sub items "d, "e" and "f" of the present item, are not represented.
At the submission of the application for the licensing for realization of activity on television and broadcasts distribution (translation) networks with relaying programs of foreign TV and radio stations from the territory of the Republic of Uzbekistan to the third countries the additional documents corresponding to the conditions of the international agreements are required.
For the participation in the competition on frequencies distribution at the realization of activity on radio tele-radio broadcasting the competitor of the license submits to the Interdepartmental coordination commission on perfection and increase of efficiency of the information work and data transmission at the Cabinet Ministers of the Republic of Uzbekistan the application and the following documents:
à) notarially certified copy of the certificate on the state registration of the legal person;
b) notarially certified copies of constituent documents of the legal person;
c) document, which confirm the entering by the competitor of the license the gathering for the consideration of competitive offers;
d) document, which confirm the entering by the competitor of the license of the deposit;
e) documents (diplomas, certificates), confirming the qualification of the workers directly connected with the process of granting services on teleradio programs distribution;
f) developed concept of broadcasting, including the creative, technical and financial offers, and also the planned grid of broadcasting of teleradio programs, volumes of broadcasting of own programs and competitive obligations;
g) conclusion of corresponding bodies about the conformity of objects of tele-radio broadcasting of the sanitary requirements, fire norms and actions on protection of the object;
h) documents, which confirm the right of use by the equipment, intended for the organization of tele-radio broadcasting in case, if it belongs to other person (the contract of rent, etc.).
Responsibility
The competitor of the license bears the responsibility for representation of the doubtful or deformed data according to the legislation of the Republic of Uzbekistan.
Consideration of the application and licensing
For consideration by licensing body of the application of the competitor of license by each kind of activity gathering is raised at a rate of the fivefold minimal wages established in the Republic of Uzbekistan.
In case of default the competitor of the license from the sent application or at decision-making by licensing body on refusal in licensing the sum of the paid gathering is not subject to return.
The decision on delivery or refusal in licensing accepts the licensing body in time not later than thirty days from the date of reception of the application of the competitor of license with all necessary documents.
The reasons of refusal in licensing can be:
- representation by the competitor of license by inadequate image of the made out documents;
- presence in the documents submitted by the competitor of license, the doubtful or deformed data;
- discrepancy of the competitor of license to license requirements and conditions, and also conditions of competition (tender).
Refusal in licensing on other motives, including the motives of inexpediency, is not supposed.
In case of elimination by the competitor of license in established order the reasons which have served by the basis for refusal in licensing, repeated consideration of documents is carried out in time, not exceeding ten days from the date of reception of the application of the competitor of license with all necessary documents. For repeated consideration of applications of competitors of license the gathering is not raised. The application sent after the expiry of the term, specified in the notice on refusal in licensing, is considered again sent.
Licensing is made after payment by the applicant of the State Tax and signing of the license agreement.
State Tax
The size of the State Tax is established by the Cabinet Ministers of the Republic of Uzbekistan.
The size of the State Tax is established at the rate of for one year multiply to the size of the minimal wages established on the maturity day of the State Tax.
The State Tax is paid in sizes, multiple to term on which the license is given out.
The State Tax can be paid by annually equal shares during action of the license or can be paid lump sum for all validity of the license.
In case, if the licensee within the three months from the moment of a direction of the notice on decision-making on licensing has not presented licensing body the document confirming payment of the State Tax for licensing, or has not signed the license agreement, the licensing body has the right to cancel the specified license.
Register of licenses
The information about issued, suspended, renewed, cancelled licenses contain in the register of licenses of the Communications and Information Agency of Uzbekistan.
The information contained in the register, is open for acquaintance with it for the interested persons and it is represented under the letter of enquiry as an extract from the register.
For the representation of the information from the register concerning one licensee the payment is raised at a rate of 50 percent of the size of the minimal wages.
The information is provided free-of-charge for the governmental administration bodies.
The contact details of Licensing and Standardization Department of the Communications and Information Agency of Uzbekistan:
Phone: +(998 71) 238-41-37, 238-41-39, 238-41-85
Fax: +(998 71) 239-87-82
E-mail: deplicense@aci.uz
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