THE LAW OF
MONGOLIA ON TELECOMMUNICATIONS
Chapter One
General Provisions
Article 1. Purpose of this law
The purpose of this law is to regulate
relations between State organisations, service providers,
business entities and individuals engaged in telecommunications
and the creation, utilisation and protection of the
telecommunications network and telecommunications services in
Mongolia.
Article 2. Legislation on
telecommunications
1. The legislation on telecommunications is
comprised of the Constitution of Mongolia, this law and other
relevant legislation which is consistent with those laws.
2. If an international treaty to which
Mongolia is a party is inconsistent with this law, then the
provisions of the international treaty shall prevail.
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.
3. "Operation" means the repair,
maintenance, testing and adjustment of a telecommunications
network necessary for its efficient functioning.
4. "Telecommunications service"
means a service provided to customers through the
telecommunications network and "operator" means a
business entity in charge of telecommunications operations
and services.
5. "Demarcation point" means a
point of interconnection between two operators or between an
operator and a customer.
6. "Postal items" means letters,
parcels and other items stamped by a post office and sent
through the postal system.
7. "Postal address" means the
information on a customer (individual, business entity or
other organisation) including place of residence or location
(name of the Aimag, city, Soum, district, bag, horoo, town,
village, street and square, number of building, apartment or
fence) and the operator number.
8. "Postal securities" means
postage stamps and envelopes and postcards with printed
postage stamps.
Chapter Two
State Regulation of
Telecommunications Operation,
Service and Manufacture
Article 4. Powers of the central State
administrative body for telecommunications
The central State administrative body in charge
of telecommunications shall exercise the following powers:
1) to formulate and
implement policy on investment in the development of the
telecommunications sector;
2) to implement measures
to ensure fair and competitive conditions in the
telecommunications sector;
3) to organise the radio
spectrum and to issue and control the implementation of
licences for the use of radio frequencies;
4) to establish standards
for telecommunications network equipment and services,
and to issue and control the implementation of licences
for telecommunications operations and services;
5) to approve postage
stamps and wax seals;
6) to develop policy on
the production of postal securities and to establish a
State fund for the production of postage stamps; and
7) to maintain the safety,
efficiency and quality of telecommunications services,
and to control the protection of privacy of
correspondence.
Article 5. Regulatory council
1. There shall be a non-executive
regulatory council responsible for creating an efficient,
fair and competitive environment for all types of business
entities and organisations in the telecommunications sector,
drafting common standards, conditions and rules for the
operation of business entities and organisations in the
telecommunications sector and making evaluations and
recommendations in respect of telecommunications.
2. The regulatory council shall have
representatives from the central State administrative body
and from business entities and organisations carrying on
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. Powers of the regulatory
council
The regulatory council shall exercise the
following powers:
1) to make proposals to
the competent authority on State policy on the
development of the telecommunications sector;
2) to make proposals and
recommendations to the central State administrative body
on the issue of licences for telecommunications
operations and services;
3) to establish technical
standards and requirements for all types of network
equipment and for equipment privately operated by
customers from their premises which is connected to the
core telecommunications network;
4) to establish and
regulate interconnecting operators, and the general terms
and conditions of revenue sharing agreements entered into
between interconnecting operators; and
5) to determine criteria
for the fixing of charges for telecommunications
services.
Article 7. Powers of Governors at all
territorial levels
1. 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 in their territory;
3) to establish a system
for the allocation of identifiable addresses in each
street, square, building, apartment and fence in the
capital city and every Aimag, district, Soum, horoo, town
and village in their territory;
4) to assist in the
organisation of services to prevent failure of the
telecommunications network in the event of a natural
disaster or other calamity.
2. Governors at each territorial level
shall have authority to approve the installation and use of
local radio and television networks.
Article 8. Licences
1. Licences for carrying out
telecommunications operations, services and manufacture
(hereinafter referred to as "licences") 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 purposes;
3) the use of radio
frequencies;
4) the manufacture of
technical and electrical equipment for information and
communications; and
5) the manufacture of
postal securities.
2. If the requirements provided by
legislation are satisfied, a licence shall be issued to:
1) a business entity,
organisation or citizen of Mongolia;
2) a business entity with
foreign investment incorporated under the laws of
Mongolia.
3. A licence may be issued to a foreign
legal person by the central State administrative body in
charge of telecommunications with the permission of the
Government.
4. If a business entity, organisation or
individual wishes to carry on an operation or provide a
service for a purpose other than one of the purposes for
which a licence may be issued under paragraph 1 of this
article, the applicant shall inform the central State
administrative body for telecommunications or the relevant
authority of that purpose and apply for registration.
Article 9. Applications for licences
1. Applications for licences shall be made
by interested persons to the central State administrative
body for telecommunications.
2. Enclosed with every application shall be
information regarding:
1) the financial, economic
and technical capacity of the applicant and the
professional expertise of the applicants employees;
2) the activities and
experience of the applicant;
3) the nature of the
operation or service, including:
(a) its location and the
range of services to be provided;
(b) the technology to be
used;
(c) proposed service
tariffs; and
(d) the anticipated cost
of operating the licence.
Article 10. Duration of licences
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 licence.
Article 11. Basis for expiry of licences
1. A licence shall expire on the working
day following the last day of the term of the licence, unless
the licence holder applies for an extension.
2. A licence shall terminate before the
expiry of its term in the event of:
1) the dissolution of the
licence holder;
2) the failure of the
licence holder to conduct operations or provide services
in accordance with the licence within the first year of
holding the licence;
3) the revocation of the
licence at the instance of the authority which issued the
licence on the grounds that the licence holder has failed
to perform its obligations under law or contract, or at
the request of the licence holder.
3. If a licence expires, the relevant
licensing authority shall notify the registration authority
where the licence was registered.
Article 12. Revocation of licences
1. The relevant licensing authority may
revoke a licence if the licence holder:
1) 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;
2) carries on activities
which are not permitted by or specified in the licence.
2. A licence may be revoked at the request
of the licence holder before the expiry of the term of the
licence if the licence holder has complied with its
obligations under the contract to provide telecommunications
services.
3. The relevant licensing authority shall
not be liable for any claim for damages which arises from the
revocation of a licence under paragraph 1 of this article.
4. A licence holder may apply to the Courts
for a review of a decision of the relevant licensing
authority to revoke a licence.
Article 13. State control of
telecommunications operations, services and manufacture
1. The State inspectorate of
telecommunications and its State inspectors shall control and
audit the implementation of and compliance with the
legislation on telecommunications and its regulations by
operators and any other persons engaged in and associated
with telecommunications operations, services and
manufacturing.
2. 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:
1) to control the
implementation of and compliance with the legislation on
telecommunications and to control the issue of and
compliance with licences;
2) 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;
3) to terminate unlicensed
telecommunications operations and services and to
terminate the transmission of radio waves on an
unregistered frequency range.
Chapter Three
Telecommunications Networks
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 15. Telecommunications networks
1. "Telecommunications network"
means all lines, equipment and other facilities required for
the transmission or reception of signs, signals, sounds,
images or other information.
2. "Core telecommunications
network" means the telecommunications network and the
switching equipment established for international, national
and local transmission of telecommunications to the public
throughout Mongolia.
3. The core telecommunications network
shall have integrated technical systems of management and
shall function efficiently.
Article 16. Postal networks
1. "Postal network" means the
equipment and facilities for receiving, sorting, transporting
and delivering postal items.
2. "Core postal network" means
the postal network used for international and domestic postal
exchange.
3. The activities of the core postal
network shall be regulated by the State.
4. The timetabling of postal deliveries
shall be determined as follows:
1) for international
postal delivery, by bilateral agreement with each foreign
country;
2) for national postal
delivery between Aimags, the capital city, Soums and
towns by the decision of the Minister in charge of postal
delivery;
3) for local postal
delivery within the capital city and each of the
districts, Soums, bags, towns and villages by the
decision of the Governor of each territory.
5. Individuals, business entities and
organisations holding a licence to provide public transport
shall deliver postal items between Aimags, the capital city,
Soums, towns and bags in accordance with contracts with the
relevant post office.
Article 17. Radio and television
broadcasting network
1. "Radio and television broadcasting
network" means all equipment and facilities required for
the transmission or reception of radio and television
broadcasts.
2. "Core radio and television
broadcasting network" means all equipment and lines
required for the transmission of radio and television
broadcasts to customers throughout Mongolia.
3. Radio and television broadcasting
networks shall operate in accordance with the schedule and
timetable of the organisation which produces the broadcasts.
Article 18. Telecommunications network
for a special purposes
1. The State may set up special purpose
telecommunications networks for the purposes of
Mongolias defence and security, the maintenance of
public order in Mongolia, and for use by the State and local
Governments.
2. Special purpose telecommunications
networks shall be protected by the State.
3. The Government shall make regulations in
respect of the establishment and operation of special purpose
telecommunications networks.
4. All the equipment and channels of the
core telecommunications network required for a special
purpose telecommunications network shall be provided by way
of contract.
5. No transmission of information for a
special purpose shall be made through the core
telecommunications network unless the transmitting
organisation has taken measures to protect the security of
that information.
Article 19. Telecommunications networks
for internal purposes
1. Any business entity or organisation may
establish and use a telecommunications network for internal
purposes, its technical systems of management and
coordination of its operations.
2. On the issue to it of a licence by the
central State administrative body in charge of
telecommunications, a telecommunications network for an
internal purpose may be connected to the core
telecommunications network in order to provide a service to
the public.
Article 20. Connection to the core
telecommunications network
The owner of a telecommunications network for
an internal or special purpose shall pay for and supply all lines
and other equipment required for the connection of the
telecommunications network for an internal or special purpose to
the core telecommunications network at a demarcation point. The
regulatory council shall determine the location of the
demarcation point.
Article 21. Mobilisation of
telecommunications networks
In the event of a state emergency or the
imposition of martial law, the telecommunications network shall
be mobilised in accordance with the relevant Mongolian
legislation.
Chapter Four
Rights and Obligations of
Public
Telecommunications Operators and Customers
Article 22. Rights and obligations of
operators and customers
The rights and obligations of both operators
and customers shall be determined by contract in accordance with
the Civil Law.
Article 23. Rights and obligations of
operators
1. In addition to any rights determined by
contract, an operator shall have the following rights:
1) to charge for the
provision of telecommunications services in accordance
with the criteria prescribed by the regulatory council;.
2) to cease the provision
of services to a customer and to terminate the contract
between the operator and the customer if the customer
fails to fulfil his or her obligations set out in the
contract.
2. In addition to any obligations
determined by contract, an operator shall have the following
obligations:
1) to provide customers,
without discrimination, with reliable and efficient
telecommunications services in accordance with its
licence;
2) to comply with any
standards and any regulations in respect of
telecommunications operations and services;
3) to give advance notice
to customers of any intended replacement or expansion of
telecommunications equipment or services and any
temporary interruptions which may result;
4) to protect the privacy
of all information transmitted through the
telecommunications network;
5) in the event of a
natural disaster or other unexpected accident, to permit
use of the network by others in accordance with
legislation and without delay; and
6) to provide customers
with telecommunications services free from interruption
except in the event of a natural disaster or other
unexpected accident.
3. An operator is required to seek the
prior consent of relevant authorities to maintain and repair
its telecommunications lines and network housed on the
premises of a State-protected business entity or
organisation..
4. An operator which receives postal items
marked with unidentifiable addresses shall keep such postal
items for a period of 6 months, after which time the operator
shall establish an internal body responsible for making
decisions in respect of the treatment of such postal items.
5. Postal items marked with an
unidentifiable address, the contents of which reveal an
identifiable address, shall be delivered to that address.
6. National and foreign currencies and
other valuable items contained in unsealed postal items which
have no identifiable addressee shall be held by the public
treasury and civil documents shall be held at the civil
registration and information authority.
7. If the addressee of an undelivered
postal item is identified, the contents of the postal item
held by the public treasury or civil registration and
information authority shall be delivered to the addressee. If
it is not possible to deliver those contents the addressee
shall be compensated for that loss.
8. The central State administrative body
shall establish rules for the treatment and the unsealing of
postal items with unidentifiable addresses.
Article 24. Rights and duties of
customers
1. In addition to the rights determined by
the contract to provide telecommunications services, a
customer shall have the following rights:
1) to select and use any
equipment (telephone, telex, facsimile, radio and any
other devices necessary for the operation of such
equipment) which complies with standards for the
telecommunications network and other technical
requirements;
2) to receive timely
notification of any fault in the telecommunications
network and to have such fault repaired;
3) to receive compensation
under the Civil Law for any loss caused by interruption
to a telecommunications service (except where that loss
results from a natural disaster or other unexpected
accident), failure to operate equipment, or loss of or
damage to postal items; and
4) to have the use of post
office boxes in post offices.
2. In addition to the obligations imposed
by contract, a customer shall have the following obligations:
1) to protect the
telecommunications network and other equipment located on
the customers premises, and inform the operator of
all actual and potential damage to the network or to any
equipment;
2) to pay charges provided
by contract for telecommunications services promptly;
3) to obtain a licence
from the central State administrative body in charge of
telecommunications for the installation and use of
telecommunications equipment which generates a frequency
of over 9 kHz, to register such equipment and not to
hinder the efficient functioning of equipment operated by
others.
Chapter Five
Protection of
Telecommunications Network
Article 25. General obligations of
individuals, business entities and organisations
Individuals, business entities and
organisations shall have the following general obligations:
1) in the course of
constructing a telecommunications network, to obtain
permission from the owner of a telecommunications network
to work on the network and relocate the engineering lines
and the buildings in which it is housed and, if
necessary, to bear the cost of relocation;
2) to reflect the demands
and requirements of communication in accordance with
relevant standards in their construction plans and to
implement those plans;
3) to obtain addresses and
codes from post offices and to update them regularly;
4) to refrain from posting
any explosive (weapons, gunpowder, bullets, etc.) or
flammable items (gasoline, fuel, spirits, acid, alkali,
etc.) and any other items prohibited by the customs
office.
Article 26. Rights of way
1. "Telecommunications right of
way" means an area of land and space designated for a
telecommunications network by the assigned land authority of
Mongolia.
The dimensions of a right of way shall
include:
1) an area 10 metres on
either side of all overhead lines;
2) an area 5 metres on
either side of all cables;
3) the area within a 300
metre radius of a station established for transmission
via microwave station or satellite; and
4) any area considered
harmful to humans because of the capacity of radio and
television transmitting equipment.
Areas designated as rights of way by
sub-paragraph 1 and 2 of paragraph 1 of this article may
vary between cities and villages.
2. An operator holding a licence to provide
telecommunications services and operations through a
telecommunications network shall use rights of way in
accordance with the legislation.
3. All disputes arising in relation to
rights of way shall be resolved by the central State
administrative body in charge of telecommunications and by
the relevant local authority in accordance with their
respective powers.
Article 27. Protection of rights of way
1. An operator is deemed to be the legal
owner of a right of way.
2. Signs indicating rights of way shall be
erected along the telecommunications lines.
3. The following actions shall be
prohibited within an area designated as a right of way:
1) the construction of
buildings including gers and fences and the planting of
trees;
2) the disposal of any
heavy objects or chemical or caustic substances which may
cause damage to telecommunications lines in a right of
way;
3) the transportation of
an excessively tall load in or across a right of way.
4. Any activity carried out or which may
cause disturbance to land which is designated as a right of
way requires the prior consent of the owner of the right of
way. Any person who carries out such activity shall be
responsible for the cost of restoring the land to its natural
state.
Article 28. Liability for breach of this
law
If an infringement of the legislation on
telecommunications is held not to constitute a criminal offence,
the telecommunication inspector shall impose on the offending
person the following administrative penalties:
1) any person who causes
damage to any telecommunications facility established for
common use shall be fined between 5,000 to 25,000
togrogs; and in the case of a business entity or
organisation shall be fined from 30,000 to 150,000
togrogs;
2) any person who causes
damage to telecommunications lines and the network (such
as telecommunications cables, overhead lines, subscriber
cable boxes, built-in wires, transformers, ducts, post
office boxes) in the course of or as a result of carrying
out an investigation or the construction of any building
or engineering lines shall be fined from 5,000 to 35,000
togrogs, and in the case of a business entity or
organisation shall be fined from 50,000 to 250,000
togrogs;
3) any person who
dismantles or defaces any sign erected along
telecommunications lines or causes damage to
telecommunications poles or leaves extraneous objects in
cable boxes, manholes, ducts or post office boxes shall
be fined from 3,000 to 10,000 togrogs, and in the case of
a business entity or organisation shall be fined from
30,000 to 150,000 togrogs;
4) any person who operates
or manufactures equipment generating radio frequencies
without authorisation or registration or sets up a
connection with the telecommunications lines or listens
to or records information passing through the
telecommunications lines without authorisation shall be
fined from 5,000 to 35,000 togrogs, and in the case of a
business entity or organisation shall be fined from
50,000 to 250,000 togrogs;
5) any person who breaches
article 27(3) and (4) of this law shall be fined from
2,000 to 35,000 togrogs, and in the case of a business
entity or organisation shall be fined from 50,000 to
250,000 togrogs;
6) any person who sends or
receives by post prohibited items or sends postal items
in excess of the number of items permitted, or fails to
comply with the timetable for mail delivery or loses or
causes damage to or unseals any postal item shall be
fined from 1,000 to 35,000 togrogs, and in the case of a
business entity or organisation shall be fined from
50,000 to 250,000 togrogs;
7) any person who breaches
article 23(2)(6) of this law shall be fined from 5,000 to
35,000 togrogs, and in the case of a business entity or
organisation shall be fined from 50,000 togrogs to
250,000 togrogs;
8) any person who breaches
article 23(2)(2) and 23(2)(4) of this law shall be fined
from 2,000 to 25,000 togrogs; and in the case of a
business entity or organisation shall be fined from
30,000 to 200,000 togrogs.
Article 29. Compensation for loss
Any person who suffers loss as a result of a
breach of the legislation on telecommunications may bring a claim
for compensation against the person whose breach caused such
loss.
Chairman of the State Ih Hural of Mongolia
N Bagabandi
Ulaanbaatar
November 16, 1995
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