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.
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
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.
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.
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 providedthe technology to be used;proposed service tariffs; andthe 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.
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.
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
- 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.
- 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
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.