Administrative Regulations on Reception of Application and Documents for Registration

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Administrative Regulations on Reception of Application and Documents for Registration

Approved by Decision No.08 of the Board of the Ministry of Communications and Information Technologies of the Republic of Azerbaijan dated October 03, 2013

Administrative Regulations on reception of application and documents for registration of radio communication facilities and equipment

1. General Provisions

Name of e-service: reception of application and documents for registration of radio communication facilities and equipment

1.2. Content of e-service: This service includes reception of application and required documents online for registration of radio frequencies and radio communication facilities used in public and enterprise networks for civil purposes and provision of information on its result to the applicant.

1.3. Legal base of provision of e-service:

-The Law of the Republic of Azerbaijan “On the list of items that may belong to certain parties of civil circulation and circulation which is allowed only on the basis of special permission (with limited civil circulation)” (article 14)

-The Law of the Republic of Azerbaijan “ On Telecommunications” (article 13)

- Decree No. 429 of the President of the Republic of Azerbaijan “On some measures in the field of provision of electronic services by public authorities” dated May 23, 2011 (parts 2 and 2-1);

-“List of public bodies giving special license for circulation of items that may belong to certain parties of civil circulation and circulation which is allowed only on the basis of special permission (with limited civil circulation)” approved by Decree No. 292 of the President of the Republic of Azerbaijan dated 12.09.2005 (Paragraph 14)

-Decision No.54 of the Cabinet of Ministers of the Republic of Azerbaijan dated 19.04.2004 “ On determination of power rating” specified in article 14 of the Law of the Republic of Azerbaijan (1st and 2nd items of the 1st part), “ On the list of items that may belong to certain parties of civil circulation and circulation is allowed only on the basis of special permission (with limited civil circulation)”

-“Rules of allocation, registration, use of radio frequencies and determination of payments” approved by Decision No.22 of the Cabinet of Ministers of the Republic of Azerbaijan date 01.02.2007 (parts 1-3) ;

- “Rules for provision of electronic services on specific areas by central executive powers” and “List of types of electronic services” approved by Decision No. 191 of the Cabinet of Ministers of the Republic of Azerbaijan dated November 24, 2011 (paragraph 15.10); -“Registration of radio frequencies, provision of electromagnetic compatibility and control tariffs for its exploitation” approved by Protocol No. 9 according to the decree of the meeting of the Tariff (Price) Council of the Republic of Azerbaijan dated 23.07.2004 (Section VII).

1.4.Name of public body providing e-service: State Administration of Radio Frequencies of the Ministry of Communications and Information Technologies of the Republic of Azerbaijan (thereafter “SARF”)

1.5.Other executors of e-service: none

1.6.Automation level of e-service: E-service is partially automatized.

1.7.Execution period of e-service: 15 days.

1.8.Result of provision of e-service: Registration of radio frequencies and radio communication facilities used for civil purposes.

2.Execution of provision of e-service

2.1. E-service type: Interactive

2.2.Payment for e-service: Paid

2.2.1. “Registration of radio frequencies, provision of electromagnetic compatibility and control tariffs for its exploitation” approved by Protocol No. 9 according to the decree of the meeting of the Tariff (Price) Council of the Republic of Azerbaijan dated 23.07.2004 (Section VII).

Registration of radio frequencies, provision of electromagnetic compatibility and control tariffs for its exploitation

Tariff (including VAT), AZN Type of radio services and radio- N Population and budget Other organizations electronic devices organizations Carrying out expertise for coordination and monitoring work on electromagnetic compatibility of radio electronic devices, determination of radio frequencies (for one administratice area division), etc. (one-off payment) 1 Allocation of frequency channel for radio station operating on 27 MHz 60,0 60,0 bandwidth 2 Allocation of one frequency for radio communication network (including 400,0 1000,0 CDMA, TDMA, MMDS, etc.) Allocation of one frequency channel for microwave links 3 up to 1GHz, Including 1 GHz, 150,0 300,0 4 From 1 GHZ up to 10 GHz, Including 180,0 360,0 10 GHz, 5 From 10 GHZ up to 20 GHz, Including 250,0 500,0 20 GHz, 6 More than 20 GHz 320,0 640,0 7 Allocation of duplex channel for radio extender working in radio search mode 20,0 20,0 (SENAO etc.) Allocation of one frequency depending on power of radio broadcasting transmitters working in the Low (LF), medium (MF), high (HF) wave ranges 8 Up to 10 kVt, Including 10 kVt, 150,0 300,0 9 From 10 kVt up to 50 kVt, Including 300,0 600,0 50 kVt, 10 From 50 kVt up to 100 kVt, Including 600,0 1200,0 100 kVt, 11 More than 100 kVt 2000,0 4000,0 Allocation of frequency depending on power of radio broadcasting transmitters working on the 88-108 MHz range 12 Up to 100 Vt, including 100 Vt 900,0 1800,0 13 From 100 Vt up to 1 kVt, including 1 1300,0 2600,0 kVt 14 From 1 kVt up to 5 kVt, including 5 2000,0 4000,0 kVt 15 From 5 kVt up to 25 kVt, including 25 2400,0 4800,0 kVt 16 More than 25 kVt 2800,0 5600,0 Allocation of one frequency channel depending on power of TV transmitters in the metric range 17 Up to 100 Vt, including 100 Vt 120,0 240,0 18 From 100 Vt up to 500 Vt, including 800,0 1600,0 1,0 kVt 19 From 500 Vt up to 1,0 kVt including 1000,0 2000,0 1,0 kVt 20 More than 1,0 kVt 2000,0 4000,0 Allocation depending on power of TV transmitters in decimetric (one-off payment) 21 Up to 100 Vt, including 100 Vt 600,0 1200,0 22 From 100 Vt up to 500 Vt, including 700,0 1400,0 500 Vt 23 From 500 Vt up to 1,0 kVt including 800,0 1600,0 1,0 kVt 24 From 1,0 Vt up to 5,0 kVt including 1,0 1200,0 2400,0 kVt 25 More than 5,0 kVt 1400,0 2800,0 26 Allocation of one frequency (channel) for TV and radio broadcasting 500,0 1000,0 distributing networks (air, cable) Registration (one-off payment) Registration of 1 radio-communication transmitter depending on output power 27 Up to 30 Vt, including 30 Vt 5,0 5,0 28 More than 30 Vt 7,0 30,0 29 High frequency equipment 10,0 40,0 30 Changing the place of radio station and 0,6 1,0 renewal of permit sheet For each TV and radio broadcasting transmitter (one-off payment) 31 Including 10 Vt, up to 10 Vt 54,0 216,0 32 From 10 Vt up to 100 kVt, including 108,0 432,0 100 Vt 33 More than 100 Vt 144,0 500,0 34 For one microwave link between two 81,6 163,2 stations 35 For each network, TV and radio broadcasting distribution networks (air- 108,0 432,0 cable) For each base station of wireless radio communication systems (one-off payment) 36 Public trunk radio communication 92,4 360,0 system 37 Public cellular communication system 10,0 20,0 38 Public wireless telephone system 90,0 360,0 (WLL) 39 Technological trunk radio 80,0 200,0 communication system 40 Wireless data transmission systems 180,0 1000,0 (CDMA, TDMA, MMDS, etc.) 41 Inmarsat satellite stations 50,0 200,0 42 Mobile satellite telephones (Thuraya, 50,0 100,0 GlobalStar, Iridium etc.) Control and exploitation fees for radio frequencies (annual payment) For exploitation of one frequency depending on output power of one radio communication transmitter 43 Up to 3 Vt, including 3 Vt 1,2 4,8 44 From 3 Vt up to 30 Vt, including 30 Vt 1,8 7,2 45 From 30 Vt up to 300 Vt, including 300 3,8 15,2 Vt 46 From 300 Vt up to 3,0 kVt including 6,0 24,0 3,0 kVt 47 More than 3,0 kVt 7,4 29,2 For exploitation of one frequency channel (input-output) in one microwave link between two stations (annual payment) 48 Up to 1 GHz, including 1 Ghz 80,0 160,0 49 From 1 GHz up to 10 GHz, including 94,0 188,0 10 GHz 50 From 10 GHz up to 20 GHz, including 350,0 700,0 20 GHz 51 More than 20 GHz 700,0 1400,0 52 Inmarsat satellite station 600,0 1200,0 53 Satellite telephones (Thuraia, Global 300,0 600,0 Star, Iridium etc.) Exploitation of one frequency depending on power of radio broadcasting transmitters working in the Low (LF), medium (MF), high (HF) wave ranges 54 Up to 1,0 kVt including 1,0 kVt 75,0 300,0 55 From 1,0 kVt up to 5,0 kVt including 100,0 400,0 5,0 kVt 56 From 5,0 kVt up to 10 kVt including 10 125,0 500,0 kVt 57 From 10 kVt up to 50 kVt including 50 150,0 600,0 kVt 58 From 50 kVt up to 100 kVt, including 175,0 700,0 100 kVt 59 More than 100 kVt 200,0 800,0 Exploitation of one frequency depending on power of radio broadcasting transmitters working in the 88-108 MHz range: annual payment 60 Up to 100 Vt, including 100 Vt 75,0 280,0 61 From 100 Vt up to 1,0 kVt including 125,0 400,0 1,0 kVt 62 From 1,0 kVt up to 5,0 kVt including 150,0 560,0 5,0 kVt 63 From 5,0 kVt up to 25,0 kVt including 390,0 1160,0 25,0 kVt 64 More than 25,0 kVt 690,0 1960,0 Exploitation of one frequency channel (frequency band) depending on power of TV transmitters in metric range (annual payment) 65 Up to 100 Vt, including 100 Vt 24,0 250,0 66 From 100 Vt up to 1,0 kVt including 33,2 300,0 1,0 kVt 67 From 1,0 kVt up to 5,0 kVt including 115,4 500,0 5,0 kVt 68 From 5,0 kVt up to 25,0 kVt including 144,2 1000,0 25,0 kVt 69 More than 25,0 kVt 178,4 1400,0 Exploitation of one TV channel (frequency band) depending on power of TV transmitters in decimetric range (annual payment) 70 Up to 100 Vt, including 100 Vt, 140,0 280,0 71 From 100 Vt up to 500 Vt, including 200,0 300,0 500 Vt, 72 From 500 Vt up to 1,0 kVt, Including 175,0 350,0 1,0 kVt, 73 From 1 kVt up to 5,0 kVt including 5,0 400,0 800,0 kVt 74 More than 5,0 kVt 700,0 1400,0 75 Exploitation of one frequency (channel) in TV and radio 48,0 180,0 broadcasting distribution networks (air cable) Wireless radio communication systems (annual payment) 76 Public trunk radio communication systems, for exploitation of each 20,0 80,0 permitted frequency Technological trunk radio communication systems, for following maximum powers in each permitted frequency (annual payment) 77 Including 30 Vt, up to 30 Vt 120,0 480,0 78 More than 30 Vt 150,0 600,0 79 For each permitted base station in 240,0 480,0 public cellular communication systems 80 Public wireless telephone system 240,0 480,0 (WLL), for each permitted base station

81 For radio extenders working in radio 7,2 28,8 search mode (SENAO etc.) 82 Wireless data transmission systems (CDMA, TDMA etc.) for the use of 500,0 1000,0 one frequency channel in each permitted base station 83 For each permitted frequency channel of individual search and paging radio 380,0 760,0 systems of public use Radio frequency and radiocommunication utilization fees (monthly payment) used by foreign legal and physical persons, branches and representations of foreign legal entities operating in the territory of the country 84 Allocation of one frequency channel - 240,0 85 Fixed (mobile) radiocommunication - 72,0 devices, one unit 86 Portative radiocommunication - 36,0 facilities, one unit 87 Radio relay links, for transmission of - 480,0 one radio relay link 88 TV broadcasting transmitters, one - 600,0 complete set 89 Radio broadcasting transmitters - 600,0 90 INMARSAT satellite telephone - 200,0 communication

Tariffs for frequency band used in terrestrial station in transmission process of TV programs to satellite

Frequency band for transmission of TV Monthly payment fee (including VAT) AZN programs to satellite 4MHz 500,0 8 MHz 700,0 36 MHz 1100,0 54 MHz 1300,0 72 MHz 1700,0

For capacity (transmission speed) used in frequency bands in data transmission process from terrestrial satellite stations

The capacity used Registration fee Monthly utilization fee for Including VAT) AZN terrestrial station ( including VAT) AZN 32 kb/s 400,0 600,0 64 kb/s 400,0 800,0 128 kb/s 400,0 1000,0 256 kb/s 400,0 1600,0 512 kb/s 400,0 1800,0 1024 kb/s 400,0 2200,0 2048 kb/s 400,0 2600,0 From 2 Mbit/s up to 5 Mbit/s, 400,0 2800,0 including 5 Mbit/s From 5 Mbit/s up to 10 400,0 3000,0 Mbit/s,including 10 Mbit/s More than 10 Mbit/s 400,0 3200,0

Notes:

1. Annual utilization fee for each terrestrial satellite station which is used for commercial purposes and operating in reception regime is determined as 1200,0 AZN (including VAT).

2. Monthly utilization fee of 600,0 AZN is determined for the first transmitter and 400,0 AZN for next transmitter for each complete set of TV and radio broadcasting transmitter in the process of use of frequencies and radio communication devices for the foreign companies and their representations.

3. Maintenance fee is charged only depending on the frequency used for radio amateurs.

4. Tariffs considered for CDMA technology systems are related only to the fixed devices.

5. In case the same frequency or TV channel is reapplied by the user in the territory of the country upon certain official permit, then no fee is paid for allocation of the frequency channel.

6. The capacity (transmission speed) of the terrestrial satellite station is provided in the amount as considered in the agreement concluded between the user and relevant satellite organizations and therefore, no payment is required for the increase of capacity through applying various technologies.

7. 1,20 of the existing tariffs is applied according to the capacity which is used in transmission of “voice” (call).

8. Monthly utilization fee is determined as 300,0 AZN (including VAT) in case the terrestrial satellite station is used for the purposes of identifying only the telemetry, management and coordinates.

9. Annual utilization fee for the corporate satellite communication network within the country is determined as 300,0 AZN (including VAT) regarding each base station.

10. Utilization may be provided free of charge for the state authorities, enterprises and organizations carrying out state level events, with permission of the State Commission for Radio Frequencies. 11. 50% of the corresponding tariffs is applied for the radiocommunication facilities (including INMARSAT-C) that are considered to be used in search-and-rescue work in the international humanitarian organizations and their representations, as well as in ships.

12. Monthly tariffs, determined in the section “Tariffs for the capacity (transmission speed) used in the frequency bands in the process of data transmission from terrestrial satellite stations”, is applied as an annual tariff for the diplomatic representations, consulates and representations of the international organizations.

Payment account for the registration of radiocommunication facilities

Beneficiary (recipient) bank Name: Kapital Bank,Rabita branch Azerpost MMC PF1 Code: 200189 691011 TIN: 9900003611 9900037711 C/A: AZ37NABZ01350100000000001944 AZ76NABZ01350100000000094944 S.W.I.F.T. Bik: AİİBAZ 2X AZPOAZ 22 Receiving organization Name: State Administration of Radio State Administration of Radio Frequencies Frequencies Account № AZ39AİİB33060019441800221118 AZ78AZPO91015461200420100072 TIN: 9900038911 9900038911 Transferred amount: Assignment of “Tariffs for registration of radio frequencies, povision of electromagnetic payment: coordination and control over use of radio frequencies” confirmed by Protocol No. 9 in accordance with the decision of the meeting of Tariff (Price) Council of the Republic of Azerbaijan dated July 23, 2004 (Section VII).

Note: In case of non-denial of registration of the radio communication facilities payments are provided in cash or by transfer and therefore, the payment document is scanned or directly submitted.

2.2.2. To render e-service, the provider should provide e-payment on the real-time basis.

2.3. Users of e-service: Physical and legal persons, public authorities.

2.4. Place of presentation of e-service:

- https://www.e-gov.az - http://www.mincom.gov.az/e-xidmetler/ - http://dri.az/eservices/menu.php?content=115

2.5. Information on e-service:

- Web site: http://www.dri.az, - E-mail: [email protected] - Fax: (+99412) 498-60-33 - Tel: (+99412) 493-59-72 2.6. Documents required for rendering e-service and their form of submission:

2.6.1. Unavailibility of information and documents in the information systems of public authorities: Documents required for rendering e-services are as follows and the scanned copies of documents are attached to application: - copy of ID card; - copy of certificate on registration of the applicant by customs agencies; - copy of certificate on state registration of the legal entity; - copy of Regulations of the legal entity; - copy of a special permission granted by Ministry of Communications and Information Technologies of the Republic of Azerbaijan for civil circulation of radio communication facilities; - copy of Certificate of Conformity issued for the radio communication facilities.

3. Administrative procedures for provision of e-service

3.1. Inquiry for interactive e-services:

3.1.1. Formation of the inquiry: User (applicant) enters the web sites as mentioned in the item 2.4 of the Administrative Regulations and fills in an application form. After passing the authorization process, as well as attaches scanned copies of the documents mentioned in item 2.6 of the Administrative Regulations. In addition, the user fills out and sends the form related to certain radıo communication facilities in the opened page.

3.1.2. Acceptance of inquiry: The inquiry is registered on the date when it is displayed on the web sites mentioned in item 2.4 of the Administrative Regulations. However, notification is sent to the applicant regarding next execution process of the inquiry. 3.2. Provision or denial of e-service:

3.2.1. Denial of the implementation of inquiry: In case any non-conformity is found in the information submitted for registration of radio communication facilities and the documents attached and also documents mentioned in item 2.6 of the Administrative Regulations are not fully presented, as well as incorrect information is indicated in the documents, then registration of radio communication facilities is refused. The applicant is provided with a notification within 5 (five) days by indicating the reasons of denial. 3. 2.2. Acceptance of inquiry: Registration of radio communication facilities is reviewed only after the process when the applicant prevents to deny the registration of radio communication facilities or avoids any insufficiencies in this concern. Furthermore, the applicant is provided with information via e-mail on results of the process.

3.3. Execution of inquiry:

3.3.1. Information about any consecutive administrative operation and responsible person: The inquiry is accepted and then registered in accordance with the “Instructions on clerical work in public authorities, departments, organizations and Institutions” aproved by Presidential Decree of the Republic of Azerbaijan No. 935, dated September 27, 2003. Then, it is forwarded to the Department of Radio Frequencies of the SARF for implementation. 3.3.2. Content of each administrative operation, period of implementation and / or maximum period of implementation: The Departrment of Radio Frequencies reviews the application and the documents attached. In case it is found that there is denial or any insufficiency regarding registration of radio communication facilities, a notification is sent to the applicant’s e-mail address not later than 5 (five) days. The issue on denial of the registration of radio communication facilities or any ininsuffiency in this regard is reviewed within 15 (fifteen) days upon solution of the mentioned problems and therefore, certain decision is adopted.

3.3.3. Information on other public authority participating in administrative operation: None.

3.3.4. Result and form of presentation of each administrative procedure: If there is no reason for refusal or insufficiencies, then a decision is adopted on registration of radio communication facilities. Besides, payment is made for each radio communication device according to the submitted inquiry form and the payment document is scanned or directly forwarded. These radio- communication facilities are registered by State Administration of Radio Frequencies and certificates are granted for the use of them. Certificates are submitted through signing in a special book.

3.4. Control over implementation of e-service: Control over the implementation of service is carried out by SARF.

3.4.1. Form of control: Clerical work. 3.4.2. Form of control: In the way in accordance with the “Instructions on clerical work in public authorities, departments, organizations and Institutions” aproved by Presidential Decree of the Republic of Azerbaijan No. 935, dated September 27, 2003

3.5. Disputes in rendering e-service: 3.5.1. Information on the user’s right to compalin: The applicant may complain to the higher authority (public officer) and the court about any issue if the e-service does not satisfy him/her.

3.5.2. Justification of a complaint and information required for its consideration: Compliant is made in a hard copy or in an electronic form. Hard copy complaint is sent to the postal address of the Ministry of Communications and Information Technologies of the Republic of Azerbaijan, while a complaint in an electronic form is sent e-mail address set forth in paragraph 2.5 of these administrative regulations. The complaint should conform to Article 74 of the Law of the Republic of Azerbaijan “On Administrative Implementation”.

3.5.3. Period of considering the complaint: Complaint is considered within the period set forth in Article 78.1 of the Law of the Republic of Azerbaijan on “Administrative implementation”.

Note: The complaint sent to the court is considered in the way determined by Administrative Code of Procedure of the Republic of Azerbaijan.

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