Broadcast Media
The
Law Of Mongolian On Telecommunications
Chapter One
General Provisions
Article
1 Purpose of this Law
The purpose of this
law is to regulate between State organizations, service
providers, business entities and individuals engaged
in telecommunications and creation, utilization and
protection of the telecommunications network and telecommunications
services in Mongolia
Article
3 Definitions in this law
In this law the following
terms shall have the following meaning:
1.“Line” means any
conductors (such as wire, capacity) used for broadcasting,
transmitting and receiving information and insulators,
ducts, poles, towers and other materials used for line
protection.
2.“Network“ means
a set of lines and other apparatus used for broadcasting,
transmitting and receiving information and a system
for receiving, sorting, transporting and delivering
mail.
4.” Telecommunications
service “ means a service provided to customers through
the telecommunications network and “operator” mens a
business entity in charge of telecommunications operations
and services.
Chapter Two
State Regulation
of Telecommunications Operation, Service and
Manufacture
Article 4 Powers
of the central State administrative body for telecommunications
- to formulate and implement policy
on investment in the development of the telecommunications
sector;
- to implement measures to ensure
fair and competitive conditions in the telecommunications
sector;
- to organize the radio spectrum
and to issue and control the implementation of licenses
for the use of radio frequencies;
- to establish standards for telecommunications
network equipment and services, and to issue and
control the implementation of licenses for telecommunications
operations and services;
7) to maintain the
safety, efficiency and quality of telecommunications
service, and to control the protection of privacy of
correspondences.
Article 5
Regulatory council
There shall be a
non-executive regulatory council responsible for crating
an efficient. fair and competitive environment for all
types of business entities and organizations in the
telecommunications sector, drafting common standards,
conditions and rules for the operation of business entities
and organizations in the telecommunications sector and
making evaluations and recommendations in respect of
telecommunications.
2. The regulatory
council shall representatives from the central State
administrative body and from business entities and organizations
carrying in operations and providing services in telecommunications.
3. Members of the
regulatory council shall be appointed by the minister
in charge of telecommunications and rules governing
the regulatory council shall be approved by the Government
Article 6
Power of the regulatory council
The regulatory council
shall execise the following powers;
- to make proposals to the competent
authority on State policy on the development of
the telecommunications sector;
- to make proposals and recommendations
operations and services;
- to establish technical standards
and requirements for all types of network equipment
and for equipment and for equipment privately operated
by customers from their premises which is connected
to the core telecommunications network;
- to establish and regulate interconnecting
operators , and the general terms and conditions
of revenue sharing agreements entered into between
interconnecting operators; and
- to determine criteria for the
fixing of charges for telecommunications services
Article7
Powers of Governors at all territorial levels
- Governors at each territorial
level shall exercise the following powers
1)to formulate policy
on the improvement of telecommunications services and
the effective delivery of those services to the population
in their territory, and to implement that policy in
cooperation with the relevant authorities ;
2)to supervise and
manage timetables for the delivery of mail on their
territory;
Article 8 Licenses
- Licenses for carrying out telecommunications
operations, services and manufacture(hereinafter
referred to as “licenses”)shall be issued for the
purposes of:
1)the installation
and operation of a core telecommunications network;
2) the provision
of telecommunications to the public through a telecommunications
network set up for
internal purpose;
3) the use of radio
frequencies;
4)the manufacture
of technical and electrical equipment for information
and communications; and
- the manufacture of postal securities
- If the requirements provided
by legislation are satisfied, a license shall be
issued to:
- a business entity, organization
or citizen of Mongolia ;
- a business entity with foreign
in vestment incorporated under the laws of Mongolia
3)A License
may be issued to a foreign legal person by the central
State administrative body in charge of telecommunications
with the permission of the Government.
-
If a business
entity, organization or individual wishes to carry
on an operation or provide a service for a purpose
other than one of the purposes for which a license
may be issued under paragraph 1 of this article,
the applicant shall inform the central State administrative
body in charge of telecommunications with the
permission of the Government
-
If a business
entity, organization or individual wishes to carry
on an operation or provide a service for a purpose
other than one of the purposes for which a license
may be issued under paragraph 1 of this article
, the applicant shall inform the central State
administrative body for telecommunications or
the relevant authority of that purpose and apply
for registration.
Article 9
Application for licenses
- Applications for licenses
shall be made by interested persons to the central
State administrative body for telecommunications.
- Enclosed with every
application shall be information regarding
-
the
financial, economic and technical capacity of
the applicant and the professional;expertise
of the applicant’s employees
-
the
activities and experience of the applicant;
the
nature of the operation or service , including
;
-
its
location and the range of service to be provided
the
technology to be used;
proposed
service tariffs; and
the
anticipated cost of operating the licen
Article 10 Duration
of licenses
1.Licences shall
be issued for a term of no longer than 20 years.
2.The central State
administrative body for telecommunications may extend
the duration of a license.
Article 12
Revocation of licenses
-
The relevant
licensing authority may revoke a license if the
license holder:
- fails to comply with its
obligations under law or contract to provide
telecommunications services in respect of the
establishment, operation and protection of the
telecommunications network;
- carries on activities which
are not permitted by or specified in the license
-
A license
may be revoked at the request of the license holder
before the expiry of the term of the license if
the license holder has complied with its obligations
under the contract to provide telecommunications
services.
-
The relevant
licensing authority shall not be liable for any
claim damages which arises from the revocation
of a license under paragraph 1 of this article
-
A license
holder may apply to the Courts for a review of
a decision of the relevant licensing authority
to revoke a license.
Article 13
State control of telecommunications operations, services
and manufacture
- The State inspectorate of
telecommunications and its State inspectors shall
control and audit the implementation of and compliance
with the legislation on telecommunications and
regulations by operators and any other persons
engaged in and associated with telecommunications
operations, services and manufacturing.
- In addition to the powers
provided by the law on State Control, the State
inspectorate of telecommunications and its State
inspectors shall exercise the following powers;
- to control the implementation
of and compliance with the legislation on telecommunications
and control the issue of and compliance with
licenses;
- to monitor the implementation
of all regulations governing telecommunications
operations, services and manufacture or prescribing
technical specifications, standards and any
other requirements of this law;
- to terminate unlicensed
telecommunications operations and services and
to terminate the transmission of radio waves
on an unregistered frequency range.
Chapter Three
Telecommunications
Network
Article 14
Types of telecommunications network
Telecommunications
networks shall consist of telecommunications, postal
services, radio and television broadcasting and other
information networks. Each network shall be classified
as either a public , an internal or a special network
according to its purposes.
Article 17
Radio and television broadcasting network
- “ Radio and television broadcasting
network” means all equipment and facilities
required for the transmission or reception of
radio and television broadcasts.
- “ Core radio and television
broadcasting network” means all equipment and
lines required for the transmission of radio
and television broadcasts to customers throughout
Mongolia.
- Radio and television broadcasting
network shall operate in accordance with the
schedule and timetable of the organization which
produces broadcasters.
Article 21
Mobilization of telecommunications networks
In the event of state
emergency or the imposition of marital law, the telecommunication
network shall be mobilized in accordance with the relevant
Mongolian legislation.
Chapter Four
Rights and Obligations
of Public Telecommunications
Operators and Customers
Article
22 Rights and obligations of operators and customers
The rights and obligations of
both operators and customers shall be determined by
contract in accordance with the Civil Law.
Article 23 Rights
and obligations of operators
In addition to
any rights determined by contract, an operator shall
have the following rights:
- to charge for the provision
of telecommunications services in accordance with
the criteria prescribed by the regulatory council;
- to cease the provision of services
to a customer and to terminate the contract between
the operator and customer if the customer fails
to fillful his or her obligations set out in the
contract.
In addition to
any obligations determined by contract, an operator
shall have the following obligations:
- to provide customers , without
discrimination, with reliable and efficient telecommunications
services in accordance with its license;
- to comply with any standards
and any regulations in respect of telecommunications
operations and services
- to give advance notice to customers
of any intended replacement or expansion of telecommunications
equipment or services and any temporary interruptions
which may result
- to protect the privacy of all
information transmitted through the telecommunications
network;
- in the event of natural disaster
or other unexpected accident , to permit use of
the network by others in accordance with legislation
and without delay; and
- to provide customers with telecommunications
services free from interruption expert in the event
of natural disaster or other unexpected accident
The
Law on Radio Waves
Approved on June
4, 1999
CHAPTER ONE.
General provisions
Article 1.
The purpose of the law
1.1. The purpose
of this law is to regulate matters related to allocation,
use, protection, ownership and possession of radio frequencies.
Article 3.
Legal definitions
3.1.4. “The schedule
of allocation of national radio frequency” means allocation
of the entire spectre of radio frequencies to different
types of radio broadcasting services.
Article 4.
Ownership of radio frequencies
4.1. Radio waves
originating from radio stations located on the territory
of Mongolia and covered in the schedule of allocation
of national radio frequencies shall be owned by the
government of Mongolia.
4.2. The government,
in its capacity of the owner of radio waves, shall allocate
rights to use radio frequencies and spectres of radio
frequencies under terms and conditions provided in this
law.
Article 5.
Full rights of government authorities in relation to
radio waves
5.1. The Cabinet
shall have the following competencies in relation to
radio waves:
5.1.1. to make decisions
about use of location of space stations allocated.
5.1.2. to formulate
the issue of defining allocation of radio frequency
as a state secret and to define the level of confidentiality.
5.2. The government
administrative authority in charge of communications
shall have the following full rights in relation to
radio waves:
5.2.1. to formulate
government policy regarding operation of spectre of
radio frequencies.
5.2.2. to regulate
/ arrange matters of radio waves with the neighbouring
countries in accordance with procedures set forth by
international communication authorities, if not stated
otherwise in international treaties.
5.2.3. to keep a
central registry of allocation of radio frequencies,
to approve procedures on use of spectre of radio frequencies,
planning, allocation and payment for use of radio frequencies
and services.
5.2.4. to approve
budgets of the regulatory and control authority of radio
frequency, and amount of financing for equipment.
5.2.5. to represent
Mongolia in the international radio organisation.
CHAPTER TWO. Use
of radio frequencies
Article 6. Classification
of spectres of radio frequencies
6.1. Spectres of
radio frequencies shall be classified as follows in
accordance with the purpose of their use:
6.1.1. Special use.
6.1.2. Public use.
6.2. Special use
spectre of radio frequencies means a spectre allocated
with the purpose to ensure national defence and national
security, and to ensure social order.
6.3. Public use spectre
of radio frequency means a spectre allocated for the
use of companies, organisations and citizens.
Article 7. Persons
eligible to possess spectres of radio frequencies.
7.1. Public use radio
frequencies may be used by legal persons established
in accordance with laws of Mongolia and citizens upon
obtaining licenses/ certificates from the regulatory
and control authority of radio frequencies and registration
in accordance with this law.
7.2. Special use
spectres of radio frequencies shall be used upon registration
with the regulatory and control authority of radio frequencies.
7.3. Diplomatic and
consular missions in Mongolia and resident missions
of international organisations may use pubic use spectres
of radio frequencies in accordance with provision 7.1.
of this law, if not stated otherwise in international
treaties to which Mongolia is a party.
7.4. Authorities
in charge of defence, national security and social order
may use public use spectre of radio frequencies in accordance
with provision 7.1. of this law if necessary.
Article 8. Prohibiting
use of radio frequencies and spectres of radio frequencies
8.1. Persons without
licenses and certificates to use radio frequencies and
spectres of radio frequencies shall be prohibited to
use radio frequencies and spectres of radio frequencies.
Article 9. Licenses
9.1. License means
a document of appropriate authority giving the right
to use radio frequencies and spectres of radio frequencies
in order to allow arrangement of radio communication,
providing services using this arrangement and to operate
radio equipment in order to provide public services.
9.2. The license
shall state location of radio equipment, territory of
reach, radio frequency to be used, capacity, date/time
of commencement and termination activities and the purpose
of use.
Article 10. Application
for a license
10.1. The following
documents, in addition to those stated in provision
9.2. of the Law on Communications, shall be enclosed
to the application for a license:
10.1.1. a copy of
the certificate
10.1.2. scheme of
radio equipment, geographic location, area, spectre
of radio frequency or radio frequencies to be used and
description of technology.
10.1.3. documents
of authorities certifying radio equipment.
10.1.4. Permission
of Governors of aimags, the capital city, soums and
district.
10.2. The application
for a license shall state the name of the applicant,
correspondent address, telephone and fax number, name
and position of the official to make the decision.
Article 11. Issuing
licenses
11.1. Radio frequency
regulatory and control authority shall, upon receipt
of application for a license, examine the application
and enclosed documents whether they meet the requirements
stated in provision 10.2.
11.2. The regulatory
and control agency for radio frequency shall examine
an application for a license to use radio frequencies
or spectres of radio frequencies, and shall issue one
of the following decisions within 30 working days after
receipt of the application, and shall inform the applicant
about the decision:
11.2.1. to issue
the license to use radio frequencies or spectre of radio
frequencies.
11.2.2. to refuse
to issue the license if the radio frequency applied
for is a special use frequency, or overlaps or creates
interference with a frequency which is being operated
with a valid license and certificate.
11.3. If use of a
certain frequency is regulated by an international organisation,
the frequency may be used upon consultation with this
organisation, in accordance with Article 11 of this
law.
11.4. In case several
persons applied for a license to use a certain frequency,
the license may be issued upon competitive selection.
11.5. A person who
received a decision to issue the license shall pay the
annual fee for use of radio frequency within 10 working
days after issue of the decision. The license shall
not be issued to persons who failed to make the payment.
Article 12. Term
of the license and its extension
12.1. The regulatory
and control authority of radio frequency shall, within
5 working days after payment of the first year fee by
the applicant, issue the license for a period of 15
years.
12.2. The license
holder shall apply for extension of the term of the
license not later than 60 days prior to expiration of
the license, to the regulatory and control authority
of radio frequency.
12.3. [The regulatory
authority shall,] within 10 working days after receipt
of an application, extend the term of a license, review
whether the license holder met obligations in accordance
with the contract and legislation, and if the license
holder met his obligations, [the authority] shall extend
the license, register it at the central registry and
return to the license holder.
Article 13. Certificate
13.1. A document
shall be issued to certify eligibility of all types
of equipment except those to be used by citizens and
legal entities for private and internal radio communication
and for scientific experimental works (hereinafter referred
to as “certificate”).
13.2. An application
for a certificate shall include such details as the
name of the applicant, official address, telephone and
fax numbers, geographic location, area of reach and
technical specifications of equipment to be used.
13.3. Issues of transfer,
extension or invalidation of certificates shall be determined
by the regulatory and control authority of radio frequency
in accordance with procedures established by the government
administrative authority in charge of communication.
13.4. The certificate
shall state details such as location of radio equipment,
territory of reach, radio frequency, secret names, capacity,
date/time of commencement and completion of activities
and purpose of use.
13.5. If several
persons applied for a certificate to use the same frequency,
the certificate shall be issued to the person who first
made the application and registered.
Article 14. Use
of radio frequencies without licenses and certificates
14.1. Use of the
following radio equipment does not require a license
to use radio frequencies or a certificate:
14.1.1. all types
of televisions sets, radios and radio receivers.
14.1.3. radio telephones,
radio equipment and household electric appliances meeting
technical standards and with . . . capacity of not over
0.01 Watt.
Article 15. Registration
15.1. The central
registry shall contain detailed information on information
such as classification of radio frequencies, purpose,
name of the operator, address, licensed spectre of radio
frequency, its width, area of reach, geographical location,
duration of operation, capacity, and payment record
by each administrative unit.
15.2. The central
registry shall be maintained by the regulatory and control
authority of radio frequency and it shall be reported
annually to the government administrative authority
in charge of communication.
Article 16. Service
fees
16.1. Applicants
shall pay service fees upon receipt of certifications,
their transfer, receipt of license, their extension,
registration and assessment of interferences, in accordance
with procedures set forth in provision 5.2.3. of this
law.
CHAPTER THREE.
Expiration of licenses and certificates
Article 17. Reasons
for expiration of licenses and certificates
17.1. License holders
shall be prohibited from transferring the license and
rights and obligations coming with the license, and
creating agreements that modify these rights and obligations
without authorisation of the licensor.
17.2. If a certified
radio equipment is transferred to others by means of
transferring or selling, the certificate shall be re-registered
with the regulatory and control authority of radio frequency.
17.3 Licenses and
certificates shall expire due to reasons stated in provision
11 of the Law on Communications.
17.4. If a license
or a certificate expires, a license or a certificate
to use this radio frequency may be issued to others
in accordance with this law.
Article 18. Termination/
revocation of licenses and certificates
18.1. Licenses and
certificates shall be terminated for reasons stated
in paragraph 12 of the Law on Communications and for
the following reasons:
18.1.1. if a holder
of the license or a certificate is not able to exercise
his rights in accordance with this law.
18.1.2. if a holder
of the license or a certificate has not paid the fee
for a license, for use of radio frequency or service
fees in time or fully.
18.1.3. if [the license
holder] used a radio frequency which is being used as
a special use frequency, deliberately created noise,
or listened to the frequency.
18.2. If it is determined
that there is a reason to terminate a license or a certificate,
the regulatory and control authority of radio frequencies
shall give a notification to the holder of the license
or the certificate. This notification shall state the
grounds for terminating the license and proving documents.
18.3. The holder
of the license or the certificate shall, if he considers
that there is no reason for terminating the license,
submit an application or complaint and proving documents
to the regulatory and control authority of radio frequency
within 30 working days after receipt of notification.
18.4. The regulatory
and control authority of radio frequency shall review
the application and complaint and shall respond to it.
18.5. If the regulatory
and control authority of radio frequency considers the
proof document is unjustified, it shall inform the applicant
about its conclusion and shall revoke the license or
the certificate.
18.6. The holder
of the license or the certificate has the right to appeal
to court within 30 days after issuance of the decision
to revoke the license or the certificate.
18.7. If the holder
of the license or the certificate makes an appeal to
the court, no new license or certificate may be issued
to this particular radio frequency.
CHAPTER FOUR.
Rights and obligations of holders of licenses and certificates
Article 19. Rights
and obligations of holders of licenses and certificates
19.1. Holders of
licenses to use radio frequencies and certificates shall
have the following rights:
19.1.1. to ensure
technical standards, to select and use certified radio
equipment.
19.1.2. to use, protect
and request interference of licensed radio frequency
in accordance with terms and conditions stated in this
law.
19.1.3. to have the
license or certificate to use radio frequencies extended,
to transfer the certificate to others.
19.1.4. to obtain
information about use of radio frequencies from the
regulatory and control authority of radio frequencies,
if not otherwise stated in laws.
19.2. Holders of
licenses to use radio frequencies and certificates shall
have the following obligations:
19.2.1. persons interested
in importation, production and selling of radio equipment
except in cases stated in Article 14 of this law shall
agree preliminary with the regulatory and control authority
of radio frequency regarding radio frequencies.
19.2.2. to use radio
equipment in accordance with terms, duration and purpose
stated in licenses and certificates.
19.2.3. to pay license
and certificate fees for each coming year, starting
from the date of issuance of licenses or certificates
(working day).
19.2.4. to request
the authorities to decide on approval of changes in
technical and operational conditions stated in licenses
and certificates.
19.2.5. not to create
interference with other radio communication and radio
equipment.
19.2.6. to promptly
transfer and inform of internationally recognises signals
of danger (such as SOS, MAYDAY, etc.) received from
other radio stations.
19.2.7. to lower
the antennae of the radio stations in case of expiration
or termination of licenses or certificates.
19.2.8. to operate
only authorised radio frequencies and spectres of frequencies,
to regularly monitor outgoing capacity and frequency
of radio equipment owned.
CHAPTER FIVE.
Miscellaneous
Article 20. Control
20.1. Control over
implementation of legislation on radio waves on the
territory of Mongolia shall be exercised by the regulatory
and control authority of radio frequency and state inspectors
for telecommunications.
20.2. The regulatory
and control authority of radio frequency shall organise
elimination of interference, searching and finding delinquents
in a way that this does not damage or create obstacles
to activities of possessors of radio frequencies.
20.3. The regulatory
and control authority of radio frequency may habe a
laboratory conformant with international standards.
20.4. A penalty up
to 0.3 percent of the outstanding amount of fee shall
be imposed on users of radio frequencies that failed
to make their payments daily.
20.5. The regulatory
and control authority of radio frequency shall have
the right to stop or prohibit operation of radio equipment
in the following cases of violation of legislation on
radio frequency.
20.5.1. if radio
equipment does not meet standards, quality requirements
and technical requirements.
20.5.2. if a license
or a certificate is not obtained, or [the user of radio
frequency] is not registered.
20.5.3. if payment
is not made or obligations are not met.
20.5.4. if created
interference with activities of other users or created
obstructions for their normal operations.
20.5.5. if changed
technical specifications of radio equipment, frequency
or schedule of use without informing the regulatory
and control authority of radio frequency.
20.5.6. if not met
the requirements of state inspectors.
20.5.7. if used radio
equipment for purposes other than the appropriate.
Article 21. Responsibility
for incompliance with laws
21.1. The following
administrative penalties shall be imposed by state inspectors
of telecommunications or the court on persons responsible
for violation of legislation on radio frequency:
21.1.1. individuals
shall be fined by togrog 20000 to 50000, officials by
togrog 30000 to 60000 to officials and companies and
organisstions by togrog 100000 to 250000 for operating
radio equipment without obtaining licenses, certificates
and without registering.
21.1.2. individuals
shall be fined by togrog 10000 to 40000, officials by
togrog 20000 to 60000, and companies and organisations
by togrog 100000 to 250000 for using radio equipment
for purposes other than that stated in licenses and
certificates or for chaning location, capacity, technical
specifications, terms and radio frequencies.
21.1.3. Individuals
shall be fined by togrog 10000 to 40000, officials by
togrog 20000 to 60000, and companies and organisations
by togrog 100000 to 250000 that are guilty of illegitimate
prevention of holders of licenses and certificates from
exercising their rights established by this law.
21.1.4. Individuals
shall be fined by togrog 10000 to 50000 and companies
and organisations by togrog 100000 to 250000 for operating
in the spectre of frequencies for special use, and creating
interference with these frequencies.
21.1.5. Individuals
shall be fined by togrog 10000 to 50000, officials by
togrog 20000 to 60000, and companies and organisations
by togrog 100000 to 250000 for creating interferences
to operation of other radio stations of users of radio
equipment, disrupting their normal operations or using
uncertified equipment.
21.1.6. Individuals
shall be fined by togrog 10000 to 50000 and officials
by togrog 20000 to 60000 for refusal or failure to comply
with requirements of state inspectors, or deliberate
obstruction of their inspection.
21.1.7. Officials
violating procedures on issue and registration of licenses
for use of radio frequencies and certificates. |
