On television and radio broadcasting

The Law of the Republic of Kazakhstan dated 18 January, 2012 No 545-IV

Unofficial translation

      This Law shall regulate the social relations in the field of television and radio broadcasting, the rights and duties of subjects of television and radio broadcasting

Chapter 1.GENERAL PROVISIONS

Article 1.The basic concepts, used in this Law

      The following concepts shall be used in this Law:
      1) subscriber – individual or legal entity, concluded a treaty with operator of television and radio broadcasting;
      2) individual satellite and terrestrial receiving device - equipment (reception apparatus for television communication), intended for individual reception of television-, radio signal;
      3) multi-channel audio transmission-transmission of two or more audio accompaniment in the television program, presenting to the subscriber the option to select a language.
      4) television and radio channel of free access – television and radio channel, broadcast through digital terrestrial and satellite broadcasting to the general public without charge for the right of viewing;
      5) multicasting - a telecommunications system, intended to distribute package of television and radio channels;
      6) obligatory television and radio channel - television and radio channel, included in the relevant list, confirmed by the Government of the Republic of Kazakhstan, compulsory for distribution through multi-channel broadcasting over the whole territory of the Republic of Kazakhstan;
      7) domestic television and radio channel – the mass media, representing a set of television and radio program and audiovisual works, pieces and materials, formed by the television and radio broadcasting company of the Republic of Kazakhstan in accordance with the viewing grid for subsequent broadcast and (or) rebroadcast;
      8) domestic television and radio programs - television and radio programs, created by the television and radio companies or individuals and legal entities, registered in the territory of the Republic of Kazakhstan and conducting its activity in the territory of the Republic of Kazakhstan and abroad;
      9) rebroadcasting – reception and simultaneous or in the record, broadcasting of television and radio programs, television and radio channels with the use of technical facilities of telecommunication;
      10) subtitles – method of dissemination of information, contained in the television program, by the text duplication of original audio accompaniment of television program;
      11) television set-top box - a separate technical facilities intended for reception of digital television and radio signal by the subscriber;
      12) television and radio channel – the mass media, representing a set of television and radio programs and audiovisual works, pieces and materials, formed in accordance with the viewing grid for subsequent broadcast and (or) rebroadcast;
      13) the package of television and radio channels – a set of television and radio channels, formed for broadcasting by the multicasting;
      14) broadcasting of television and radio channels - bringing to the consumer of television or radio programs with the use of technical facilities of telecommunication;
      15) certificate of registration of television and radio channel – the standard document, issued by the authorized body of television and radio companies and permissive the distribution of television and radio channel in the territory of the Republic of Kazakhstan;
      16) television and radio program – informative and completed part of television and radio channel, which has a name, broadcasting time and may be used independently from the other parts of television and radio channel;
      17) television and radio company – individual and legal entity, being the owner of television and radio channel and received a certificate of registration of television and radio channel;
      18) television and radio broadcasting -the formation and (or) distribution of television and radio channels with the use of technical facilities of telecommunication for public reception in the open or coded form by the consumer;
      19) service television and radio broadcasting - reception, processing, storing, transmission, delivery of television and radio programs to the subscriber;
      20) operator of television and radio broadcasting – individual or legal entity, receiving a license to engage in activity on broadcasting of television and radio channels;
      21) technical facilities of television and radio broadcasting – a set of radio electronic facilities and transmitter-receiver technical devices, providing production, formation, broadcasting and (or) reception of television and radio channels and television and radio programs;
      22) technical facilities of telecommunication – technical device, permitting to form, receive, process and transmit television and radio signals;
      23) an authorized body in the field of television and radio broadcasting (hereinafter – an authorized body) – the state body, carrying out the state regulation in the field of television and radio broadcasting;
      23-1) an authorized body in the field of technical support of television and radio broadcasting – the state body, carrying out the state regulation in the field of technical support of television and radio broadcasting;
      24) transmission – primary broadcast of signal of television and radio channels with the use of technical facilities of telecommunication;
      25) nationwide network of television and radio broadcasting – the system of technical facilities and channels of connection, possessed as Government property, providing broadcasting of television and radio signals in the territory of the Republic of Kazakhstan;
      26) viewing grid – the list, sequence, name, air time of television or radio programs, representing the main directions of program concept of broadcasting during particular period;
      27) television and radio channel of conditional access – television and radio channel, broadcasting by the operators of television and radio broadcasting in the territory of the Republic of Kazakhstan for general public, the right of viewing which is provided on the basis of commutative contract.
      Footnote. Article 1 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. The scope of this Law

      1. Operation of this Law shall be distributed to individuals and legal entities, conducting their activity in the field of television and radio broadcasting in the territory of the republic of Kazakhstan.
      2. Provision of this Law shall be applied as well to foreign individual and legal entities, conducting their activity in the field of television and radio broadcasting in the territory of the Republic of Kazakhstan.

Article 3. The legislation of the Republic of Kazakhstan on television and radio broadcasting

      1. The legislation of the Republic of Kazakhstan on television and radio broadcasting shall be based on the constitution of the Republic of Kazakhstan, shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the rules of the international treaty shall be applied.

Chapter 2. STATE REGULATION IN THE FIELD OF TELEVISION AND RADIO BROADCASTING

Article 4. Basic principles of the state regulation in the field of television and radio broadcasting

      The principles of state regulation of activity in the field of broadcasting shall be:
      1) ensuring of constitutional guarantees of the rights to freely receive and distribution of information by any methods, which is not prohibited by Laws, freedom of speech and creation;
      2) providing of information security of person, society and the state upon using of television and radio broadcasting services;
      3) the equality of rights of individuals and legal entities to participate in activity in the field of broadcasting;
      4) protection of rights and legal interests of consumers of television and radio broadcasting service, individuals and legal entities carrying out activity in the field of television and radio broadcasting;
      5) fair competition, expressing in securing of equal opportunities for the development of branch of television and radio broadcasting irrespective of their form of ownership;
      6) ensuring the safety, reliability and quality in the field of television and radio broadcasting on the basis of national standards in the territory of the Republic of Kazakhstan in the field of television and radio broadcasting;
      7) creation of conditions for the development of domestic television and radio channels, production and transmission of domestic television and radio programs;
      8) assistance to introduction of the latest technologies in the field of television and radio broadcasting;
      9) openness and transparency in the field of television and radio broadcasting.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. State regulation and control in the field of television and radio broadcasting

      1. State regulation in the field of television and radio broadcasting shall be carried out by legal grand work, licensing, registration and control for observance of the legislation of the Republic of Kazakhstan.
      2. State control for observance of the legislation of the Republic of Kazakhstan on television and radio broadcasting shall be carried out by the local executive bodies, except of requirements, provided by paragraph 4) of Article 24 and Article 31 of this Law, control which is carried out by the authorized body and authorized body in the field of technical support of television and radio broadcasting, respectively.
      3. State control in the field of television and radio broadcasting shall be carried out in the form of checks in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”.
      4. Control of observance of the legislation of the Republic of Kazakhstan on television and radio broadcasting to the extent concerning compliance with requirements, provided by Article 31 of this Law, shall be carried out by the authorized body in the field of technical support of television and radio broadcasting with the assistance of the state technical service.
      Footnote. Article 5 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. The competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) develop the main directions of development of the state policy in the field of television and radio broadcasting;
      2) provide international cooperation development in the field of television and radio broadcasting;
      3) confirm the qualification requirements, presenting upon licensing of the activity of television and radio channels;
      4) confirm the list of compulsory television and radio channels;
      5) confirm the list of television and radio channels of free access, broadcasting by the national operator;
      6) confirm the rules of holding of a competition on formation of list of compulsory television and radio channels;
      7) confirm the rules of holding of a competition on formation of list of compulsory television and radio channels of free access, broadcasting by the national operator of television and radio broadcasting;
      8) confirm the rules on frequencies-band allocation, radio frequencies (radio frequency channels) for the purposes of television and radio broadcasting;
      9) confirm the status and composition of Commission on issues of development of television and radio broadcasting;
      10) confirm the rules of use of television and radio broadcasting networks for population warning on danger to life, health of people and operating procedure in the existing circumstance upon emergency situations of natural and industrial nature, as well as in the interests of defense, national safety and law enforcement;
      11) determine the state technical service in the field of television and radio broadcasting;
      12) confirm the terms of complete transition to digital terrestrial television and radio broadcasting;
      13) determine the national operator in the field of television and radio broadcasting;
      14) exercise other functions, provided by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article7. The competence of the authorized bodies

      1. An authorized body shall:
      1) Provide realization of main directions of state policy in the field of television and radio broadcasting;
      2) coordinate activity of central and local executive bodies on issues of television and radio broadcasting;
      3) coordinate activity of local executive bodies on carrying out of control and monitoring for observance of the legislation of the Republic of Kazakhstan on television and radio broadcasting;
      4) coordinate activity of national operator of television and radio broadcasting in terms of financial security of broadcasting of television and radio channels of free access (by digital terrestrial and satellite television and radio broadcasting, as well as analogous television and radio broadcasting);
      5) organize and holding of competitive tenders on frequencies-band allocation, radio frequencies (radio frequency channels) for the purposes of television and radio broadcasting;
      6) organize and holding of competitive tenders on forming of list of compulsory television and radio channels;
      7) organize and holding of competitive tenders on forming of list of television and radio channels of free access, broadcasting by the national operator of television and radio broadcasting;
      8) carry out licensing of activity in the field of television and radio broadcasting according to the procedure, established by the Law of the Republic of Kazakhstan “On licensing”;
      9) carry out control of observance of requirements by the licensee, established by the legislation of the Republic of Kazakhstan;
      10) carry out registration, rediscount of foreign television and radio channels, broadcasting in the territory of the Republic of Kazakhstan;
      11) confirm the regulatory legal and regulatory technical acts within its competence in the field of television and radio broadcasting, as well as the rules of rendering of services of television and radio broadcasting by the operator;
      12) determine the number of compulsory television and radio channels depending on broadcasting in the multicasting;
      13) carry out registration, rediscount of domestic television and radio channels,
      14) develop qualification requirements, presenting upon licensing of activity in the field of television and radio broadcasting;
      15) develop the rules of holding of competition on formation of list of compulsory television and radio channels;
      16) develop the rules of holding of competition on formation of list of compulsory television and radio channels of free access, broadcasting by the national operator of television and radio broadcasting;
      17) develop the rules of frequencies-band allocation, radio frequencies (radio frequency channels) for the purposes of television and radio broadcasting;
      18) develop the status and make suggestions to the composition of Commission on issues of development of television and radio broadcasting;
      19) exercise other functions, provided by the Constitution, the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      2. An authorized body in the field of technical support of television and radio broadcasting:
      1) coordinate activity of national operator of television and radio broadcasting in terms of introduction of digital terrestrial broadcasting;
      2) coordinate activity of the state technical service;
      3) carry out control of observance of engineering factors of quality of television and radio broadcasting and national standards of television and radio broadcasting;
      4) confirm the regulatory legal and regulatory technical acts within its competence in the field of television and radio broadcasting, as well as the rules of operation system of television and radio broadcasting, the rules of control of quality of television and radio broadcasting, the rules of connecting on networks of operators of television and radio broadcasting of technical facilities of television and radio companies;
      5) carry out control of observance of the legislation of the Republic of Kazakhstan on television and radio broadcasting in terms of observance of technical requirements to the facilities of television and radio broadcasting;
      6) develop and confirm the forms of compulsory departmental report, check sheets, evaluation criteria of degree of risk, the semi-annual plans of conducting of inspection in accordance with the Law of the Republic of Kazakhstan "On state control and supervision in the Republic of Kazakhstan";
      7) control prices on services of market entities, occupying a dominant position on the markets of services in the field of television and radio broadcasting;
      8) exercise other functions, provided by the Constitution, the Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 7 is in the wording of the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. The competence of local representative and executive bodies of regions, cities of republican significance and capital city, district (city of region significance)

      1. For the purpose of ensuring of the state and public interests in the field of community redevelopment, maintenance of dwelling (residential buildings), other buildings and constructions, local representative bodies of regions, city of republican significance and capital city, district (city of region significance) on presentation of local executive bodies of regions, city of republican significance and capital city, district (city of region significance) shall specify requirements on placement of individual satellite and terrestrial receiving devices, cable routes in communities in the territory of relevant administrative-territorial entity in accordance with model rules, established by the Government of the Republic of Kazakhstan.
      2. Local executive bodies of regions, cities of republican significance and capital city shall carry out control of observance of the legislation of the Republic of Kazakhstan in the field of television and radio broadcasting in the territory of relevant administrative-territorial entity.
      Footnote. Article 8 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. State technical service

      1. State technical service – a legal entity, determined by the Government of the Republic of Kazakhstan, conducting technical support of control by the authorized body in the field of technical support of television and radio broadcasting of activity in the field of television and radio broadcasting.
      2. State technical service shall carry out the following types of activity:
      1) technical support of works on monitoring of radio-frequency spectrum and radio electronic facilities;
      2) technical support of maintenance of register (data basis) of radio electronic facilities and radio frequency assignments:
      3) rendering of services on performing calculation of electromagnetic compatibility of radio electronic facilities;
      4) technical support of conducting of radio control and safety of radio reception from industrial interferences;
      5) measures on identification and disposal of radio noise to radio electronic facilities of international organizations and foreign states, acting in accordance with ratified international treaties;
      6) technical support of conducting of operations on selection of frequencies, radio frequencies (radio frequency channels) by the authorized body in the field of technical support of television and radio broadcasting in accordance with the legislation of the Republic of Kazakhstan;
      7) technical support of operations upon conducting of quality control of reception of television and radio channels by population by the authorized body in the field of technical support of television and radio broadcasting;
      8) technical support of conducting of control on observance of the legislation in the field of television and radio broadcasting.
      Footnote. Article 9 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Language of television and radio programs

      1. Television and radio programs of domestic television and radio channels shall be broadcast in Kazakh and other languages.
      2. The weekly scope of television and radio programs in Kazakh language shall not be less than the total scope of television and radio programs by time in other languages.
      The scope of television and radio programs in Kazakh language in time intervals of six hours each, date from zero hour of local time, shall not be less than the total scope of television and radio programs in other languages.
      Translation of television programs and movies in the form of subtitles upon distribution on television channels shall not be included in the total scope of television programs in Kazakh language.
      3. Television channels, using multi-channel audio transmission, shall use the main audio accompaniment in Kazakh language.
      4. Requirements of this Article shall not be distributed to foreign television and radio channels, past the procedure of registration in accordance with Article 19 of this Law.
      5. Transmission of domestic television and radio channels on foreign audience shall be broadcasted in Kazakh and other languages.

Article 11. Commission on issues of development of television and radio broadcasting

      1. The consultative advisory body on issues of development of television and radio broadcasting shall be created in order recording and protection of public interests in the field of television and radio broadcasting, as well as satisfying the requirements of population in the television and radio channels under the Government of the Republic of Kazakhstan.
      An activity of Commission on issues of development of television and radio broadcasting shall be carried out on the basis of transparency and openness upon discussion and solution of problems, including in its competence. All the decisions and conclusions accepted by the Government of the Republic of Kazakhstan, on recommendation of the Commission for the development of television and radio broadcasting, shall subject to publication in the official mass media.
      2. The basic functions of the Commission on issues of development of television and radio broadcasting shall be:
      1) development of recommendations and suggestions on realization of state policy in the field of television and radio broadcasting;
      2)pendency of applications of entries for participation in the competition on formation of list of television and radio channels of free access in multicasting and the development of recommendations by definition of winners;
      3) review of applications of entries for participation in the competition on formation of list of compulsory television and radio channels of free access in multicasting and the development of recommendations by determining of winners;
      4) pendency of applications of entries for participation in the competition on frequency-band allocation (radio frequency channel) for the purposes of television and radio broadcasting and development of recommendation by definition of winners taking into account of its technical and financial proposals;
      5) drawing up recommendations according to the results of hearing of national operator.
      3. Recommendations and suggestions, adopted by the Commission on issues of development of television and radio broadcasting, shall be directed to the Government of the Republic of Kazakhstan for adoption of relevant decision.
      4. The government of the Republic of Kazakhstan on presentation of the authorized body shall confirm Provision on Commission on issues of development of television and radio broadcasting and its composition.
      5. The working body of the Commission on issues of development of television and radio broadcasting shall be the authorized body, carrying out the provision of organizational and technical support of work of the Commission.

Article 12. Formation of the list of compulsory television and radio channels

      1. The list of compulsory television and radio channels, composing a set of cultural, scientific and educational, informative and educational and other socially important information and compulsory to broadcasting over the whole territory of the Republic of Kazakhstan shall be formed in order to ensure the rights of individuals to information, freedom of speech, expression of opinion and development of pluralism of opinions, as well as storage and security of common information space of the Republic of Kazakhstan, interpretation of state policy in the scope of socio-economic development of the Republic, storage and development of cultural heritage of country.
      2. The list of compulsory television and radio channels depending on broadcasting in the multicasting shall be formed on a competitive basis according to the procedure, determined by the Government of the Republic of Kazakhstan.
      3. The decision on holding the competition on formation the list of compulsory television and radio channels shall be accepted by an authorized body. This decision shall be published in the official mass media and on the web site of the authorized body.
      4. pendency of applications of television and radio companies for participation in the competition and production of suggestions on formation of list of compulsory television and radio channels shall be carried out by the Commission on issues of development of television and radio broadcasting.
      5. The Government of the Republic of Kazakhstan shall confirm the list of compulsory television and radio channels on recommendation of Commission on issues of development of television and radio broadcasting.
      6. Formation of the list of compulsory television and radio channels shall be carried out once every three years.

Article 13. Formation of the list of television and radio channels of free access

      1. The list of television and radio channels of free access, broadcasting by the national operator of television and radio broadcasting shall be formed from:
      1) television and radio channels, included in the packet of television channels of digital terrestrial television and radio broadcasting in accordance with paragraph 4 of Article 42 of this Law;
      2) television and radio channels, formed in accordance with paragraph 2 of this Law.
      2. Formation of the list of television and radio channels of free access, broadcasted by the national operator of television and radio broadcasting on recommendation of Commission on issues of development of television and radio broadcasting shall be carried out on a competitive basis according to the procedure, determined by the Government of the Republic of Kazakhstan.
      The decision on holding the competition on formation of the list of television and radio channels of free access shall be accepted by an authorized body.
      Pendency of applications of entries for participation in the competition and making suggestions by definition of winners shall be carried out by the Commission on issues of development of television and radio broadcasting.
      Formation of the list of television and radio channels of free access shall be carried out not less than once every three years.
      3. The Government of the Republic of Kazakhstan shall confirm the list of television and radio channels of free access, composition of which includes television and radio channels, mentioned in paragraph 2 of this Article on recommendation of Commission on issues of development of television and radio broadcasting.
      4. The operators of television and radio broadcasting shall have a right to broadcast the television and radio channels of free access under authority of concluded contract with television and radio companies.

Article 14. Licensing of the activity in the field of television and radio broadcasting

      1. Licensing of the activity in the field of television and radio broadcasting shall be carried out by the authorized body in accordance with the Law of the Republic of Kazakhstan “On licensing”.
      2. In the case of use of networks of television and radio broadcasting for broadcasting of telecommunication services (data transmission, access to Internet, telematics services, local telephony and other services), the owner of specified networks shall carry out an activity on the basis of licensing in the field of connection.

Article 15. The use of radio-frequency spectrum for the purposes of television and radio broadcasting

      1. Frequency-band allocation, radio frequency (radio frequency channels) for the purposes of television and radio broadcasting shall be carried out on the competitive basis.
      2. An authorized body shall adopt the decision on holding of competition on frequency-band allocation, radio frequency (radio frequency channels) for the purposes of television and radio broadcasting. The decision on holding of competition shall subject to publication in the official mass media, as well as on web sites of authorized body.
      3. Pendency of applications of entries for participation in the competition and drawing up recommendations by definition of winners shall be carried out by the Commission on issues of development of television and radio broadcasting.
      4. Permit to use of frequency content, radio frequency (radio frequency channels) for the purposes of television and radio broadcasting shall be granted by the authorized body in the field of technical support of television and radio broadcasting on the basis of decision of Commission on issues of development of television and radio broadcasting.
      In permission to use of frequency content, radio frequency (radio frequency channels) for the purposes of television and radio broadcasting shall be specified location of technical facilities, as well as placement of antenna arrangements with specification of its type, geographic positions, as well as available capacity of using and transferring of radio electronic facilities.
      5. Calculation, conformance with radio frequency bodies and international coordination of radio frequency for the purposes of television and radio broadcasting shall be carried out by the authorized body in the field of technical support of television and radio broadcasting.
      Footnote. Article 15 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Tariffs for the services in the field of television and radio broadcasting

      1. Tariffs for the services on broadcasting of television and radio channels in the multicasting shall be established independently by the operators of television and radio broadcasting on the basis of reasonable expenses, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      2. Service prices of market entities, occupying a dominant or monopoly position on the markets of services in the field of television and radio broadcasting, shall be controlled in accordance with the legislation of the Republic of Kazakhstan.

Chapter 3. BROADCASTING OF TELEVISION AND RADIO CHANNELS IN THE REPUBLIC OF KAZAKHSTAN

Article 17. Registration, rediscount of domestic television and radio channels

      1. Television, radio channel, operating in the territory of the Republic of Kazakhstan, shall subject to the compulsory registration in the authorized body.
      2. The owner of television, radio channel or person, acting under its empowerment, shall fill an application, satisfied to the requirements of article 18 of this Law for registration, rediscount.
      3. A fee shall be charged according to the procedure, determined by the Tax Code of the Republic of Kazakhstan upon registration of television and radio channel, as well as upon receipt of a duplicate of a document, certified the registration of television and radio channel.
      4. Application of record, on rediscount of television, radio channel shall subject to consideration during ten business days from the date of receipt. According to the results of application processing an authorized body shall issue the certificate on registration to the owner of television and radio channel or refuse on the following grounds:
      1) if the certificate on registration of television and radio channel with the same name and on the same territory or similar to the name of previously created of television and radio channel until degree of its mixture shall be issued by the authorized body;
      2) if the content of application shall not conform to the requirements of Article 18 of this Law;
      3) if the fee for registration of television and radio channel is not paid;
      4) if in the application on rediscount of television, radio channel by reason of change of owner, the number and the date of treaty of transfer of rights of property for the television and radio channel to another person are not specified;
      5) if the television and radio channel is stated to the registration with the same name (part of the name) and the same thematic scope, release of which is previously terminated by the court, or the television and radio channel is stated, duplicated the name and thematic scope, as well as in the case of filling of an application by the owner or chief editor (the editor) of television and radio channel, release of which is terminated by the court decision, during three years from the date of entering into legal force of court decision.
      5. The owner of television and radio channel shall reserve the right to begin of broadcasting of television and radio programs during six months from the date of receipt of certificate on registration.
      The certificate on registration of television and radio channel by the decision of authorized body shall be deemed to have lost force in case of omission of the term of production release of television and radio channel, as well as termination of production release of television and radio channel during three months, except of the cases of suspension of release of television and radio channel by court.
      6. Television and radio channel shall subject to rediscount in the cases of change of owner or change of corporate form, name, as well as the name of television and radio channel.
      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18. Application on registration of domestic television and radio channel

      1. In the application on registration of television and radio channel shall be specified:
      1) the name, surname, patronymic (in their existence), personal identification number, place of residence of owner of television and radio channel of individual, the name, business identification number, location, legal form of organization of owner of television and radio channel of legal entity;
      2) thematic scope of television and radio channel with specification of daily average scope of individual and retransmitted broadcasting.
      2. An application shall be attached by:
      1) the obligation to record and storage of transmitted and retransmitted television and radio programs within six months;
      2) the form of information on availability of property rights of owner of television and radio channels on the offices and area with separate entrance or its rental, including:
      3) special areas for placement and exploitation of technical facilities, necessary for functioning of television and radio broadcasting (studio, hardware, accessory);
      areas for placement of production personnel (editorial);
      areas for administrative and managerial staff.
      3. Specifying other requirements shall be prohibited upon registration of mass media.
      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No 36-V (the order of enforcement see Article 2).

Article 19. Registration, rediscount of foreign television and radio channels in the authorized body

      1. Foreign television and radio channels, broadcasting by the operators of television and radio broadcasting in the territory of the Republic of Kazakhstan, shall be subject to the compulsory registration in the authorized body.
      2. The representatives of foreign television and radio companies shall carry out the registration, rediscount of foreign television and radio channels on the basis of sent application by them, satisfying to the requirements of Article 20 of this Law, for obtainment of a certificate on registration.
      3. An application for obtainment of a certificate on registration, rediscount of foreign television and radio channel shall subject to consideration during fifteen calendar days from the date of receipt. An authorized body shall issue the certificate on registration of foreign television and radio channel to the applicant according to the results of consideration of application or shall refuse in its issuance on the grounds, provided by Article 21 of this Law.
      4. Registration of foreign television and radio channels of the religious character shall be carried out after theological expertize, conducting in accordance with the legislation of the Republic of Kazakhstan.
      5. Rediscount of foreign television and radio channel shall be carried out in the cases of change of name, basic thematic scope of television and radio channel.
      6. Carrying out of activity in the territory of the Republic of Kazakhstan of foreign television and radio channels shall be prohibited without registration, except of foreign television and radio channels, mentioned in paragraph 7 of Article 42 of this Law.

Article 20. An application on registration of foreign television and radio channel

      1. In the application on registration of foreign television and radio channel shall be specified:
      1) the name, surname, patronymic (in their existence), place of residence of the owner of television and radio channel of individual, the name, location, legal organizational form of the owner of television and radio channel of legal entity;
      2) the language (languages) of television and radio programs;
      3) viewing grid of television and radio channel;
      4) the basic thematic scope of television and radio channel;
      5) the name, surname, patronymic (in their existence) of chief editor (editor) of television and radio channel;
      6) legal address of television and radio company;
      7) the obligation on observance of the legislation of the Republic of Kazakhstan of television and radio company.
      2. An application shall be attached:
      1) for individuals – the copy of passport or other document, identity document of foreign individual - the owner of television and radio channel, the copy of document, confirming the right to occupation of entrepreneurial activity, with notarized translation on Kazakh and Russian languages;
      2) for legal entities – legalized statement from trade register or other legalized document, certified, that incorporator – foreign legal entity shall be the legal entity on the legislation of foreign state;
      3) the document, confirming the payment in the fee budget for registration of television and radio channel.
      3. Specifying other requirements upon registration of television and radio channel shall be prohibited.

Article 21. The reason for refusal in registration of foreign television and radio channel and revocation of certificate on registration of foreign television and radio channel

      1. An authorized body shall refuse to representative of television and radio company in issuance of certificate on registration of foreign television and radio channel, if:
      1) the content of application shall not conform to the requirements of Article 20 of this Law;
      2) a fee for registration of television and radio channel is not paid;
      3) the materials of foreign television and radio channel shall contain propaganda or agitation of forcible amendment of constitutional system, integrity violation of the Republic of Kazakhstan, subversion of safety of the state, war, propaganda of extremism or terrorism, cult of cruelty and violence, social, racial, national, religious, estate and entail superiority, information, directed to fomentation of interethnic and interfaith hostility, as well as the movie – and video production of pornographic and special sexily – erotic nature, as well as information, propagandized a suicide;
      4) based on the results of theological expertize shall be an adverse determination;
      5) in relation to production of foreign television and radio channel shall be the court decision on imposition of a prohibition on its broadcasting in the territory of the Republic of Kazakhstan.
      2. Upon refusal to the representative of foreign television and radio company in registration of foreign television and radio channel shall be issued a motivated refusal in written form.
      3. An authorized body shall withdraw the certificate on registration in a judicial procedure in the cases of violation of the legislation of the Republic of Kazakhstan by the foreign television and radio channel.
      4. The broadcasting of foreign television and radio channel in the territory of the Republic of Kazakhstan shall be suspended or terminated in case of recognition of information by court, broadcasting by the foreign television and radio channel, inconsistent to the requirements of this Law and other legislative acts of the Republic of Kazakhstan.

Chapter 4. AN ORGANIZATION OF TELEVISION AND RADIO BROADCASTING

Article 22. The subjects of television and radio broadcasting

      The subjects of television and radio broadcasting in the Republic of Kazakhstan shall be television and radio company, operators of television and radio broadcasting and producers of television and radio programs.

Article 23. Television and Radio Company

      1. Television and radio company shall carry out an activity on formation of television and radio channels for its further network distribution of television and radio broadcasting.
      2. Television and radio company shall:
      1) carry out registration of television and radio channel in the authorized body as mass media;
      2) ensure technical compliance of formed television and radio channels with requirements of national standards of television and radio broadcasting;
      3) provide the quality of presentation of television and radio programs by the television and radio channels in accordance with the rules of affiliation of technical facilities of television and radio broadcasting to networks of operators of television and radio broadcasting, operation of system of television and radio broadcasting and requirements of national standards of television and radio broadcasting;
      4) use the technical facilities of formation of television and radio channels, carrying the certificates of correspondence, issued in accordance with the Law of the Republic of Kazakhstan “On technical regulation”.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Operators of television and radio broadcasting

      1. Operators of television and radio broadcasting shall carry out activity on broadcasting of television and radio channels by terrestrial and multicasting (digital terrestrial, cable, satellite television and radio broadcasting) by:
      1) transmission and (or) package relay of television and radio channels;
      2) transmission and (or) retransmission of television and radio channels on the ground of contracts, concluded with television and radio companies in accordance with the civil legislation of the Republic of Kazakhstan;
      3) retransmission of television and radio channels without content alteration of its television and radio programs, unless otherwise provided by the treaty between operators of television and radio broadcasting and television and radio companies;
      4) transmission and (or) retransmission of foreign television and radio channels, past the procedure of registration in accordance with Article 19 of this Law, on the ground of contracts, concluded between operators of television and radio broadcasting and foreign television and radio companies;
      5) transmission and (or) retransmission of compulsory television and radio channels, television and radio channels of free and conditional access.
      2. Operators of television and radio broadcasting shall be obliged to:
      use the technical facilities, carrying the certificates of correspondence, issued in Accordance with the Law of the Republic of Kazakhstan “On Technical regulation” for broadcasting of television and radio channels;
      carry out transmission and (or) retransmission in accordance with the rules of operation of television and radio broadcasting and requirements of national standards of television and radio broadcasting.
      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25. National operator of television and radio broadcasting

      1. National operator of television and radio broadcasting – a legal entity, determined by the Government of the Republic of Kazakhstan, on which the owner acting by the state shall be imposed the tasks on containing and development of nationwide network of television and radio channel.
      2. National operator of television and radio channel shall:
      1) grant an equal right of using of nationwide network of television and radio broadcasting to the television and radio companies and operators of television and radio broadcasting on the ground of contracts, concluded with television and radio companies and operators of television and broadcasting in accordance with the legislation of the Republic of Kazakhstan;
      2) ensure safety of unified property complex of nationwide network of television and radio broadcasting;
      3) carry out the content and exploitation of nationwide network of television and radio broadcasting;
      4) carry out development and modernization of nationwide network of television and radio broadcasting on the ground of high technologies;
      5) after full transfer to the digital terrestrial television and radio broadcasting, further development of networks of television and radio broadcasting shall carry out at the expense of own funds;
      6) carry out transmission of compulsory television and radio channels and television and radio channels of free access;
      7) share the tariffs for services on web site on broadcasting of television and radio channels.

Article 26. Producer of television and radio programs

      1. Producer of television and radio programs shall be individual or legal entity, specializing in the manufacture of television and radio programs.
      2. Relations between producers of television and radio programs and television and radio companies shall be regulated in accordance with the legislation of the Republic of Kazakhstan.

Article 27. Networks of television and radio broadcasting

      1. Networks of television and radio broadcasting shall be the component part of unified network of telecommunication in accordance with the legislation in the field of connection and shall compose a unified engineering and manufacturing complex of land-based and satellite system of broadcasting, used for broadcasting and transmission of television and radio channels in the territory of the Republic of Kazakhstan and foreign state.
      2. Republican and regional networks of television and radio broadcasting shall be created for broadcasting and transmission of state television and radio channels, based on unified network of telecommunications, with the use of technical facilities and channels of operators of television and radio broadcasting.
      3. Television and radio companies and operators of television and radio broadcasting shall have a right to use the existent networks of telecommunications on conditions of concluded contract for broadcasting and transmission of television and radio channels.
      4. Networks of television and radio broadcasting, depending on its forms of ownership, shall be used for population warning on danger to life, health of people and operating procedure in the existing circumstance upon emergency situations of natural and industrial nature, as well as in the interests of defense, national safety and law enforcement. The procedure of using of networks of television and radio broadcasting in the specified purposes shall be established by the Government of the Republic of Kazakhstan.
      5. Population warning on danger to life, health of people and operating procedure in the existing circumstance upon emergency situations of natural and industrial nature, as well as in the interests of defense, national safety and law enforcement shall be carried out in the obligatory procedure of television and radio companies and operators of television and radio broadcasting depending on its form of ownership.
      6. Objects of engineering infrastructure shall be represented on equal terms to all operators of cable television and radio broadcasting for cabling in residential houses.

Article 28. Protection of interests of national television and radio broadcasting

      1. In the weekly scope of television and radio broadcasting of domestic television and radio channels, the domestic television and radio programs and music of Kazakh authors or performers shall compose:
      1) from 1 January, 2014 – not less than thirty percent;
      2) from 1 January, 2016 – not less than forty percent;
      3) from 1 January, 2018 – not less than fifty percent.
      2. Broadcasting of television and radio programs, containing the scenes of propaganda or agitation of forcible amendment of constitutional system, integrity violation of the Republic of Kazakhstan, subversion of safety of the state, war, propaganda of extremism or terrorism, cult of cruelty and violence, social, racial, national, religious, estate and entail superiority, information, directed to fomentation of interethnic and interfaith hostility, propaganda of suicide, as well as production of pornographic and special sexily – erotic nature.

Article 29. Protection of children and teenagers upon broadcasting of television programs

      1. Television programs, which may inflict harm to physical, mental, ethical, moral and intellectual development of children and teenagers, as well as movies, indexing in accordance with the Law of the Republic of Kazakhstan “On culture” by index “Е 18” shall not be allowed for broadcasting in the period from 06.00 to 22.00.
      2. Operators of television and radio broadcasting shall assume measures on controlling of access of screening of specified movies and television programs by organization and technical measures upon retransmission of foreign television channels.

Article 30. Protection of rights of disabled upon distribution of television program

      1. Not less than one television program of relating to news nature shall be provided by the sign interpretation or translation in terms of subtitles.
      2. Requirements of this Article shall not be distributed to the foreign television programs, past the procedure of registration in accordance with Article 19 of this Law.

Article 31. Requirements to the technical facilities of television and radio broadcasting

      1. Technical facilities of formation, transmission, retransmission and (or) reception of television and radio channels shall be subject to confirmation of conformity in accordance with the Law of the Republic of Kazakhstan “On technical regulation”.
      2. Using of radio electronic facilities of reception and transmission of signal of television and radio broadcasting, interfering to other radio transmitting and (or) radio-receiving communication facilities and inconsistent of stated engineering factors.

Article 32. Distribution of additional information

      1. Additional information shall represent alphabetic, digital, graphic information, transmitted simultaneously with the main television program with using of one frequency and (or) air time, the content of which is not linked with the content of the main television program, transmitting in composition of television and radio broadcasting signal.
      2. Volume of additional information shall not exceed fifteen percent of image area.

Article 33. Advertisement positioning on television and radio channels

      Advertisement positioning in composition of television and radio channels, as well as retransmitting by multicasting, shall be carried out in accordance with requirements of the Law of the Republic of Kazakhstan “On advertising”.

Article 34. Retransmission of television and radio channels, television and radio programs

      1. Retransmission of television and radio channels, television and radio programs shall be carried out without making amendments in the content, unless otherwise provided by the treaty between operators of television and radio broadcasting and television and radio company – rights holder, as well as except of cases, provided in this Article.
      2. Operators of television and radio broadcasting shall not allow the broadcasting of advertising, inconsistent to the Law of the Republic of Kazakhstan “On advertising” upon retransmission of foreign television and radio channels in the territory of the Republic of Kazakhstan.
      3. Retransmission of television and radio channel, television and radio programs shall be exclusively allowed on the ground of a contract, concluded between operators of television and radio broadcasting and television and radio company – rights holder.
      4. Legal relations, linked with retransmission of television and radio channels, television and radio programs shall be carried out in accordance with the legislation of the Republic of Kazakhstan on copyright and related rights.
      5. In weekly scope of broadcasting of domestic television and radio channels of retransmission of television and radio programs of foreign television and radio channels shall not exceed twenty percent from the total scope of television and radio programs.

Chapter 5. TYPES OF TELEVISION AND RADIO BROADCASTING

Article 35. Analog terrestrial radio broadcasting

      1. Analog terrestrial radio broadcasting shall represent the system of broadcasting of radio channels with using of analog methods of signal processing.
      2. Broadcasting of radio channels by analog terrestrial radio broadcasting shall be carried out in existence of permission for using of frequency content, radio frequency (radio frequency channels), issued in accordance with Article 15 of this Law, and a license for occupation of activity on broadcasting of radio channels.

Article 36. Digital terrestrial television and radio broadcasting

      1. Digital terrestrial television and radio broadcasting shall represent the system of broadcasting of television and radio channels by land transmitting stations with the use of the methods of digitization (compression) of original signal.
      2. Broadcasting of television and radio channels by the operators of television and radio broadcasting by digital terrestrial television and radio broadcasting shall be carried out in the existence of permission for using of frequency content, radio frequency (radio frequency channels), issued in accordance with Article 15 of this Law, and a license for occupation of activity on broadcasting of television and radio channels.

Article 37. Satellite television and radio broadcasting

      1. Satellite television and radio broadcasting shall represent the system of broadcasting of television and radio channels by translator, located on communication satellites.
      2. Satellite television and radio broadcasting intended for signal propagation of television and radio broadcasting over the whole territory of the Republic of Kazakhstan.
      3. Broadcasting of television and radio channels by the operators of television and radio broadcasting by satellite television and radio broadcasting shall be carried out in the existence of permission for using of frequency content, radio frequency (radio frequency channels) and a license for occupation of activity on broadcasting of television and radio channels.

Article 38. Cable television and radio broadcasting

      1. Cable television and radio broadcasting shall represent the system of broadcasting of television and radio channels by cable and terrestrial and cable networks, except of custom lines, for rendering services of Internet network access.
      2. Broadcasting of television and radio channels by the operators of television and radio broadcasting by terrestrial and cable television and radio broadcasting shall be carried out on the ground of a license for occupation of activity on broadcasting of television and radio channels.
      3. Broadcasting of television and radio channels by the operators of television and radio broadcasting by terrestrial and cable television and radio broadcasting shall be carried out in the existence of permission for using of frequency content, radio frequency (radio frequency channels), issued in accordance with Article 15 of this Law.
      4. Operators of cable television and radio broadcasting shall carry out transmission and (or) retransmission of compulsory television and radio channels on the ground of netting between operators of cable television and radio broadcasting and television and radio company – rights holder of compulsory television and radio channel.

Article 39. Individual satellite reception

      1. Individual satellite reception of television and radio channels by individuals and legal entities shall be carried out without right for further retransmission.
      2. Individual satellite reception facilities, past the confirmation of conformity in accordance with the Law of the Republic of Kazakhstan “On technical regulation” shall be used for providing of individual satellite reception of television signal.

Article 40. Systems of community reception of television and radio channels

      1. System of community reception of television and radio channels – complex of technical facilities, making possibility of reception of television and radio channels within one building and several buildings.
      2. Activity on system organization of community reception of television and radio channels, striving to commercial purposes, shall be equated to the cable television and radio broadcasting and shall subject to licensure for occupation of activity on broadcasting of television and radio channels.
      3. System of community reception within one building, not striving to commercial purposes, may be established only as of written consent of the owner of building. System of community reception within several buildings, not striving to commercial purposes, may be established, if the owner of these buildings shall be one individual or legal entity.
      4. Systems of community reception shall not effect to the quality of broadcasting of other operators of television and radio broadcasting.

Chapter 6.FINAL AND TRANSITIONAL PROVISIONS

Article 41. Responsibility for violation of this Law

      Violation of the legislation of the Republic of Kazakhstan in the field of television and radio broadcasting shall involve responsibility, established by the Laws of the Republic of Kazakhstan.

Article 42. Transitional provisions

      1. Functioning of analogue terrestrial television and radio broadcasting shall be provided until full transfer to the digital terrestrial television and radio broadcasting.
      2. The Government of the Republic of Kazakhstan shall determine the terms of full transfer to the digital terrestrial television and radio broadcasting not less than six months until full transfer to the digital terrestrial television and radio broadcasting on presentation of authorized body in the field of television and radio broadcasting. Information on terms of full transfer to the digital terrestrial television and radio broadcasting shall be published in the official mass media and on web site of authorized body in the field of technical support of television and radio broadcasting.
      Broadcasting of non-state television and radio broadcasting of free access shall be established at the expense of republican budget until full transfer to the digital terrestrial television and radio broadcasting.
      Full transfer to the digital terrestrial television and radio broadcasting shall be carried out upon condition of providing possibility of reception of population at large, residing in the Republic of Kazakhstan, television and radio channels, broadcasting by digital terrestrial and digital satellite television and radio broadcasting.
      3. Previously issued licenses for occupation of activity on organization of television broadcasting and permission for using of frequency content, radio frequency (radio frequency channels) shall operate until full transfer to the digital terrestrial television and radio broadcasting. In this case television and radio companies shall be obliged to carry out registration of television channels in accordance with the requirements of this Law during one year after full transfer to the digital terrestrial television and radio broadcasting.
      4. Television channels, broadcasting in the territory of administrative territorial entity by analogue frequency content, radio frequency (radio frequency channels), shall release the data of frequency, radio frequency (radio frequency channels) and in obligatory procedure shall include to the packet of television channels of digital terrestrial television and radio broadcasting for free by the national operator of television and radio broadcasting upon transfer to the digital terrestrial television and radio broadcasting. Broadcasting of data of television and radio channels shall be carried out in accordance with established tariffs on the ground of concluded contracts.
      5. Permission for using of radio-frequency spectrum and license for occupation of activity on organization of television broadcasting, issued by the television channel upon analogue television and radio broadcasting shall terminate their actions after full transfer to the digital terrestrial television and radio broadcasting.
      6. National operator of television and radio broadcasting shall obtain permission for using of frequency content, radio frequency (radio frequency channels) without holding of competition in order to providing transmission of television and radio channels of free access over the whole territory of the Republic of Kazakhstan by digital terrestrial television and radio broadcasting.
      7. Foreign television and radio channels, broadcasting in the territory of the Republic of Kazakhstan until introduction into effect of this Law, shall carry out registration during one year from the date of introduction into effect of this Law.
      8. Operators of television and radio broadcasting, carrying out activity on provision of services of television and radio broadcasting until introduction into effect of this Law shall be obliged to re-issued license during one year from the date of introduction into effect of this Law.
      9. Local executive bodies of regions, city of republican significance, a capital city shall organize providing of socially protected social groups by television set-top boxes according to the procedure, determined by the Government of the Republic of Kazakhstan until full transfer to the digital terrestrial television and radio broadcasting.
      10. Third paragraph of paragraph 2 of Article 10 shall be enforced upon expiry of one year after introduction into effect of this Law.
      Footnote. Article 42 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 43. Procedure of introduction into effect of this Law

      This Law shall be enforced upon expiry of thirty calendar days after its first official publication.

      The President
      of the Republic of Kazakhstan              N.NAZARBAYEV