Department for Regulation of Communications


I.General conditions

1.1. 

The Regulation Department (thereafter the Department) of the Ministry of Communications and High Technologies of the Republic of Azerbaijan is a structural unit of the Ministry of Communications and High Technologies (thereafter Ministry) of the Republic of Azerbaijan.

 

1.2.

The Department implements following works regarding activity of units of the Administration, structural bodies and non-structural subordinate bodies of the Ministry, other operators and providers within the authorities given by these Regulations: regulation in the field of telecommunication and postal communications, interconnection relation among operators, organization of universal telecommunication and postal services, giving a special consent to the communications services, efficient use of limited number resources, giving a special consent to the circulation of objects, civil circulation of which is limited, and of goods that are under the export control, giving certificate of conformance to the telecommunication equipment and devices, coordination of activity of registration system for mobile devices, control over activity of inter-operators number portability, participation in the regulation of tariffs for this field, organization of works in connection with application of new technologies. It also defines the strategic targets that condition reliability of development in this area.

 

1.3.

The Department implements following works regarding activity of units of the Administration, structural bodies and non-structural subordinate bodies of the Ministry, other operators and providers within the authorities given by these Regulations: regulation in the field of telecommunication and postal communications, interconnection relation among operators, organization of universal telecommunication and postal services, giving a special consent to the communications services, efficient use of limited number resources, giving a special consent to the circulation of objects, civil circulation of which is limited, and of goods that are under the export control, giving certificate of conformance to the telecommunication equipment and devices, coordination of activity of registration system for mobile devices, control over activity of inter-operators number portability, participation in the regulation of tariffs for this field, organization of works in connection with application of new technologies. It also defines the strategic targets that condition reliability of development in this area.

 

1.4.

The Department works through establishing mutual relations with structural sections of the Administration of the Ministry during implementation of its functions, structural bodies and non-structural subordinate bodies of the Ministry, as well as central and local executive powers, local self-management bodies, international and non-governmental entities, as well as legal and physical persons.

 

II.Areas of activity of the Department

2.1.

Areas of activity of the Department are as follows:

 

2.1.1.

to take part in implementation of state regulation in the field of communications and high technologies (thereafter the corresponding area);

 

2.1.2.

to investigate appeals sent to the Ministry in connection with giving a special permission (license) for establishment of communications services, biometric technologies, providing services to those technologies and submit proposals;

 

2.1.3.

to investigate appeals sent to the Ministry in connection with giving a special permit for distribution of foreign circular publication, founder or permanent place of editorial office of which is located outside the borders of the Republic of Azerbaijan, and submit proposals;

 

2.1.4.

to take part in regulation of radio frequencies in the territory of the Republic;

 

2.1.5.

to take measures according to the legislation regarding regulation of interconnection among operators;

 

2.1.6.

to analyse existing situationin connection with organization of universal telecommunication and postal services and submit proposals;

 

2.1.7.

to take measures for the purpose of providing efficient use of limited number resources, investigateappeals made for the allocation of number resources and submit proposals to the management of the Ministry;

 

2.1.8.

to investigate appeals made in connection with giving a special permit to circulation of things belonging to some participators of civil circulation and objects, circulation of which is allowed on the basis of a special permit (civil circulation of which is limited) and submit proposals to the management of the Ministry;

 

2.1.9.

to investigate appeals made in connection with giving a special permits to the things that are under export control (works, services, results of intellectual activity) and submit proposals to the management of the Ministry;

 

2.1.10.

to investigate appeals received in connection with granting certificates of conformance to telecommunications facilities and devices and submits proposals to the management of the Ministry;

 

2.1.11.

to coordinate activity of registration system of mobile devices, investigate appeals received from police offices (departments) and citizens regarding mobile devices that are lost (stolen) and returned to the owner by finding later on;

 

2.1.12.

to investigate appeals received in connection with number portability, submit proposals to the management of the Ministry and implement control over activity of inter-operator number portability system;

 

2.1.13. 

to take part in the regulation of tariffs for the corresponding area and submit proposals;

 

2.1.14.

to make investigations and analyses regarding application of new technologies in the corresponding area and submit proposals to the management of the Ministry;

 

2.1.15.

to act in other directions determined by the legislation.

 

III.Duties of the Department

3.1.

The Department fulfills following duties according to the areas of activity:

 

3.1.1.

to take part in working out of drafts of legislation acts, organizational-regulatory and other legal acts;

 

3.1.2.

to take part in working out of drafts of legislation acts, organizational-regulatory and other legal acts regulating activity of the Ministry in accordance with Annex made to the Law of the Republic of Azerbaijan “On Normative legal Acts” and Decree of the President of the Republic of Azerbaijan dated August 24, 2002 with ref. number 772 –“Regulations on working out and adoption of normative legal acts of the executive powers” and the Regulations of the Ministry;

 

3.1.3.

to take part in working out mechanism for state regulation, formulation and implementation of main areas of activity and submit proposals about this;

 

3.1.4.

Submit proposals for making changes to the normative legal acts of the Ministry in order to conform to the legislation;

 

3.1.5.

to participate in perspective and current plans for working out of normative legal acts for the Ministry;

 

3.1.6.

to take part, if necessary, in preparation of multi-purpose and different type of agreements in connection with activity of the Ministry;

 

3.1.7.

to take part in working out of state and field programs, development concepts and strategies;

 

3.1.8.

to ensure implementation of measures entrusted to the Ministry, as well as measures (commissions) laid down in the regulatory-organizational documents;

 

3.1.9.

to take part in the verification of activity of structural and non-structural subordinate bodies of the Ministry, as well as revision of materials for results of verifications and inventory held in the Ministry.

 

3.1.10.

to establish mutual relations with entities operating in the corresponding area;

 

3.1.11.

to carry out receive of citizens, ensure timely and detailed revision of their oral and written appeals in the manner set forth by the legislation.

 

3.1.12. 

to analyze information published in mass media regarding state regulation of activity of the Ministry together with other structural units under the commission of the management of the Ministry and submits proposals;

 

3.1.13.

to ensure implementation of works commissioned to the Ministry in the normative and normative legal acts;

 

3.1.14.

to investigate in the proper manner the appeals sent to the Ministry regarding provision of communication services, creation of biometric technologies, giving a special permit (license) for provision of services to those technologies, work out documents and submit proposals to the management of the Ministry;

 

3.1.15.

to investigate conformance of appealssent to the Ministryin connection with giving a special permit for distribution of foreign circular publication, founder or permanent place of editorial office of which is located outside the borders of the Republic of Azerbaijan, and submit proposals;

 

3.1.16.

to present proposals in order to determine the rules for use of radiofrequencies, radio electron devices and facilities for civil purposes, control over their implementation and carry out monitoring of the area of electromagnet coordination;

 

3.1.17.

to organize,according to the legislation, regulation and protection of the use of radiofrequencies in the radio communication networks of civil purposes and make proposals to the management of the Ministry;

 

3.1.18.

to determine conditions of interconnection agreements concluded among telecommunication operators and regulate activity in this area, take measures for solution of disputes appeared in the interconnection relations among telecommunication operators, providers in accordance with the Law of the Republic of Azerbaijan “On Telecommunication”, interconnection conditions worked out by the management of the Ministry, interconnection agreements and present proposals to the management of the Ministry;

 

3.1.19.

to control over events regarding provision of universal telecommunication services in all territories of the Republic of Azerbaijan, work out proposals regarding qualitative organization of these services for a fixed term, at affordable prices and submit proposals to the management of the Ministry;

 

3.1.20.

to take part in all works regarding provision of population of all settlements of the country with quality and reliable telecommunication and broadband internet services and present proposals;

 

3.1.21.

to work out proposals to the management of the Ministry in order to monitorservices organized by telecommunication operators, providers and post operators, control over quality of services provided, investigate appeals received in this connection and take measures for their  implementation;

 

3.1.22.

to investigate appeals of consumers regarding services organized by telecommunication operators, providers and postal operators, present proposals to the management of the Ministry and take measures for their solution;

 

3.1.23.

to review appeals of operators, providers, as well as other legal and physical persons for allocation, changing and taking back of their number resources in order to use efficiently the number resources belonging to the telecommunication network of the Republic of Azerbaijan, work out documents for conformation and submit proposals to the management of the Ministry in order to put number resources into use;

 

3.1.24.

to investigate recommendations of the international organizations (International Telecommunication Union and European Conference of Postal and Telecommunications Administrations) in connection with distribution and use of limited number resources and present proposals;

 

3.1.25.

to review appeals in connection with giving a special permit to circulation of objects, civil circulation of which is limited, investigate their conformance to the existing rules, work out documents in connection with giving a special permit according to the legislation and submit offers to the management of the Ministry; arranges coordination with concerned state bodies of the activity of giving a special permit to the circulation of objects, civil circulation of which is limited; organize control over conformation to its provisions;

 

3.1.26.

to work out proposals in connection with giving a special permit to the goods that are under export control (works, services, results of intellectual activity) and submit to the management of the Ministry; arrange coordination of activity of giving a special permit with concerned state bodies; depending on the category of goods (works, services, results of intellectual activity), organize control over their use for intended purposes after giving a special permit, ensuring of their keeping conditions, physical protection and conformation to the applicable conditions;

 

3.1.27.

to investigate conformation to the existing legislation and technical requirements of the appeals for giving type approval to telecommunication devices and facilities, work out documents in this regard and submit proposals to the management of the Ministry;

 

3.1.28.

to investigate and analyze,according to the existing legislation, appeals received in connection with number portability among operators, work out proposals and submit to the management of the Ministry;

 

3.1.29.

to investigate complaints of the applicants regarding registration of mobile devices and work out proposals on improvement of management of registration system for mobile devices;

 

3.1.30.

to coordinate mutual activity of operators, providers, other legal persons acting in the Republic in the corresponding area, as well as physical persons engaged in entrepreneurship activity,and give advices for the purpose of regulating relations for provision of communications services in a manner set forth by legislation;

 

3.1.31.

submit proposals to the management of the Ministry in order to discover and eliminate together with concerned bodies the communications services that are not organized according to the existing standards and rules by using the networks of telecommunication operators;

 

3.1.32.

to take part in the formulation of tariff policy, give proposals regarding tariffs regulated by the state in this area, conduct monitoring of tariffs applied by operators and providers for services, tariffs of which are not regulated by the state, work out proposals and give advices to the operators and providers;

 

3.1.33.

to take measures together with concerned public bodies in order to formulate healthy competition environment, avoid and eliminate unfair competition among operators, make analysis of service markets and protect the rights of consumers;

 

3.1.34.

to require necessary information from leading operators and providers of the telecommunication market in order to determine special requirements of their activities, take part in the measures taken for the purpose of avoiding and eliminating the monopolistic trends, and give advices for determination of the leading telecommunication operator;

 

3.1.35.

to make exchange of inquiries and information with telecommunication and postal operators of foreign countries, state bodies, including regulatory entities, international and non-governmental organizations in connection with issues that are inside competence of the Department;

 

3.1.36.

to investigate and give proposals regarding appeals received from structural and non-structural subordinate bodies of the Ministry, as well as other legal and physical personsin connection with administrative violations made in the corresponding area or violations, making of which are assumed;

 

3.1.37.

to review other issues on corresponding administrative offences laid down in the legislation;

 

3.1.38.

to investigate work cases on administrative offence made in the corresponding area;

 

3.1.39.

to give proposals for taking necessary measures in connection with legal and physical persons who deviate from implementation of decision on application of administrative punishment in the administrative penalty type;

 

3.1.40.

to give proposals for working out of collegial decisions of the Ministry, organizational and regulatory documents, as well as action plan, take part in the process of their implementation and carry out other duties entrusted by the management;

 

3.1.41.

to learn, generalize and apply international experience on public regulation of telecommunication and postal communications, give proposals for consideration of advices of international organizations in its activity;

 

3.1.42.

to require necessary information regarding control over quality of service from telecommunication operators, providers and postal operators in a manner set forth in the legislation;

 

3.1.43.

to work out work plan and activity reports of the Department by the periods;

 

3.1.44.

to ensure,according to the legislation,protection of service information, public and commercial secret by the employees of the Department in the process of their activity;

 

3.1.45.

to carry out other duties laid down in the legislation according to the areas of activity.

 

IV.Rights of Department

4.1.

The Department has the following rights in order to perform its duties:

 

4.1.1.

To give suggestions on projects of normative-legal acts, international contracts, organizational-regulatory documents worked out by the structural units of Ministry Administration, its structural and non-structural subordinate entities;

 

4.1.2.

To give an opinion according to the activity direction, to analyse and generalize, to give suggestions on improvement of legislative acts and organizational-regulatory documentsregarding activity in the field of state regulation of Ministry;

 

4.1.3.

Toinitiate working out the projects of normative legal acts regarding regulation of field according to the existing legislation and to submit to Administration to coordinate with the appropriate entities;

 

4.1.4.

To inquire appropriately the implementation of duties determined by this Regulation to the structural units of Ministry Administration, its structural and non-structural subordinate units and to receive information;

 

4.1.5.

To control observation the licence requirements and terms by the legal and physical entities taken special consent (licence) on appropriate activity types according to the existing rule, to require necessary information, as well as statistic information (by keeping confidentiality) from the legal and physical entities taken special consent according to the existing legislation;

 

4.1.6.

To give suggestions to take measures on the results of monitoring in order to provide beneficial use of radio-frequency reserves and to control its execution;

 

4.1.7.

To give suggestions on operators who do not keep the requirements of the terms of interconnection operators and to take measures according to the existing legislation;

 

4.1.8.

Tomake an inventory of limited number of resources allocated according to the legislation and to control use of those resources by the communication operators, providers, as well as other legal and physical entities;

 

4.1.9.

To investigate the compliance of appeals received on registration of mobile equipment to the existing rules and to give suggestions;

 

4.1.10.

To take measures avoiding communication services and traffic exchange organizing without having comply to the existing standards and rules together with the appropriate bodies according to the existing legislation;

 

4.1.11. 

Toimplement controlling the applying tariffs of services on the field regulating by the state, to make monitoring tariffs applied by the operators, providers to the services not regulating by the state, to require applying cost-based tariffs by the carrying out separatelythe income and expenses records on the types of services;

 

4.1.12.

To analyse the results of measures taken in the field of protection of rights of consumers and analysing the services markets, formation of strong competition environment between economic subjects operating on appropriate field and to give suggestions;

 

4.1.13.

Towork out offers in order to determine the special requirements on activity of operators and providers dominating, to take measures avoiding unfair competition and monopoly activities on the field together with the appropriate bodies according to the legislation;

 

4.1.14.

To analyse information regarding issues of duties of department obtained from the telecommunication and post operators, state bodies, as well as regulation entities, international and non-governmental organizations and to work out offers;

 

4.1.15.

To take measures regarding appeals on administrative violations received from the structural units of Ministry Administration, its structural and non-structural subordinate units, as well as legal and physical entities  according to the existing legislation;

 

4.1.16.

To investigate necessary information regarding control the service quality obtained from telecommunication operators, providers and post operators according to the legislation and to work out offers;

 

4.1.17.

To participate in the international events (conferences, symposiums, forums, meetings, negotiations, etc.) on the appropriate field by the task of Ministry Administration;

 

4.1.18.

To receive necessary documents, material and information from the structural units of Ministry Administration, its structural and non-structural subordinate units, other entities, bodies and organizations determined by the legislation, their authoritative entities in order to execute duties determined by this Regulation;

 

4.1.19.

To organize conferences, scientific symposiums, seminars regarding implementation of main duties and functions determined by this Regulation and improvement of legislation on the appropriate field for the employees of structural and non-structural subordinate units of Ministry, as well as to hold meetings by the participation of representatives of the structural units of Ministry Administration, its structural and non-structural subordinate units

 

4.1.20.

To participate in the work of commissions, consulting and coordinating bodies established in the structural units of Ministry Administration, its structural and non-structural subordinate units, in the Ministryby considering the requirements of legislation in the discussions on functions of department;

 

4.1.21.

To make correspondence with the structural units of Ministry Administration, its structural and non-structural subordinate units and other organizations and bodies;

 

4.1.22.

To represent the Ministry regarding issues on activity directions before state bodies, local self-management entities, legal and physical entities, to protect the rights and legal interests;

 

4.1.23.

To represent the Ministry in the commissions, working groups, various local and international events on activity directions organized in the Ministry and other state bodies, to participate in their work;

 

4.1.24.

To act as expert or witnessin the court's view of the Ministry;

 

4.1.25.

To work out projects of appeals sending to state bodies, municipalities, physical and legal entities;

 

4.1.26.

To learn the experience of other states according to the activity directions and to prepare suggestions in the direction of improvement of activity in this field;

 

4.1.27.

To prepare suggestionson improvement of management and activityin the structural units of Ministry Administration, its structural and non-structural subordinate units;

 

4.1.28.

To prepare suggestions on training specialists in appropriate field and increasing the speciality;

 

4.1.29.

To subscribe to electronic databaseof normative legal acts, as well as legal literature necessary for the activity of department;

 

4.1.30.

To implement other duties considered by the legislation according to the activity directions.

 

V.Organization of activity of Department

5.1

Structure and number of staff of Department are confirmed by the Minister.

 

5.2.

The Department is directly subordinate to the Minister and reports to him. Nobody can interfere to the activity of Department, excluding the authoritative person.

 

5.3.

Interconnection and services sector are includedto the structure of Department.

 

5.4.

Department are leading by the head appointed or dismissed by the Minister.

 

5.5.

The head of Department is personally responsible for organization of works of Department, execution of duties intrusted to the Department and implementation of rights.

 

5.6.

There is the head of sector appointed and dismissed by the Minister.

 

5.7.

If the head of department is not here, the head of sector duly implements his/her authorities.

 

5.8.

The other employees of department are appointed and dismissed by the minister.

 

5.9.

The head of department:

 

5.9.1.

Organizes the work of departments, implements its control ;

 

5.9.2.

Makes share of work and duties between sector and employees, coordinates their activities and provides to work out job descriptions of employees of department;

 

5.9.3.

Controls executing the duties of employees of department, labour discipline and internal rules;

 

5.9.4.

Signs the working plans and other such kind of documents to provide the execution of duties of department and implements the control of right and qualified execution of events considered in the working plan, as well as reports on its execution to the administration;

 

5.9.5.

Determines the issues on the field, which should be discussed in the Ministry Board and submits the offers on it to the Ministry;

 

5.9.6.

Provides timely execution of appropriate events considered in the legal acts, decisions of Ministry Board and organizational-regulatory documents mentioned in 1.2 item of this Regulation by the department;

 

5.9.7.

Gives suggestions on appointment and dismissal,encouragement, applying discipline rules of employees of department, as well as dismissal of employees to the Ministry Administration;

 

5.9.8.

Gives suggestions to the administration about participation in the courses and trainings in order to replenish the appropriate entities of the Ministry with the high-qualified specialists, appointment of employees;

 

5.9.9.

Gives suggestions to the administration about participation in the courses and trainings in order to replenish the appropriate entities of the Ministry with the high-qualified specialists, appointment of employees;

 

5.9.10.

Organizesreviewing and timely and correctly answering the letters, applications, complaints and offers sent to the department in accordance with the legislation;

 

5.9.11.

Controls the clerical works in accordance with the “Instructions on clerical works in the state bodies, entities, organizations and enterprises”;

 

5.9.12. 

Provides the confidentiality in the department and is responsible for provision of protection of state secrets in the activity of department;

 

5.9.13.

Signs the letters sent to central and local municipality bodies, as well as legal and physical entities;  

 

5.9.14.

Coordinates the activity of department with the structural units of Ministry Administration, its structural and non-structural subordinate units;

 

5.9.15.

Gives instructions to be necessary to execute, organizes their execution and implements controlling their execution;

 

5.9.16.

Confirms appropriate reports of department;

 

5.9.17.

Instructs the execution of special-based and difficult documents to the several employees or gives the execution of those document from one to another employee;

 

5.9.18.

Participates in the meetings of Board of Ministry, appropriate consultations, events and scientific-technical meetings;

 

5.9.19.

Implements the task regarding the activity of department given by the Ministry Administration;

 

5.9.20.

Represents the Ministry in the higher state entities, other ministries and central and local municipalities, state bodies, international organizations, foreign countries by the task of administration and defends its interest;

 

5.9.21.

Represents the department.

 

5.10.

Employees of department are accordingly responsible for the breach of requirements of this Regulation considered by the legislation of the Republic of Azerbaijan.;

 

5.11.

Each employees of the department bears personally responsibility to defend information, which are state secret or secret service according to his/her post or authority.

 

 

VI.The duties of Interconnection and services sector, which is subordinate to the structure of department

6.1.

The duties of Interconnection and services sector are as follows:

 

6.1.1.

To participate in regulation of mutual relations on services between telecommunication operators and determination of interconnection terms for operators and therefore, to give suggestions;

 

6.1.2.

To make survey and exchange of information regarding interconnection and other services with the telecommunication operators, regulation entities of foreign countries and appropriate international organizations;

 

6.1.3.

To participate in preparation of state regulation policy of appropriate field, determination of priorities and their implementation;

 

6.1.4.

To give suggestions on general principals of pricing (tariffs) and list of goods, works and services for the prices on appropriate field regulated by the state;

 

6.1.5.

To participate in implementation of state regulation on appropriate field;

 

6.1.6.

To give offers on working plan of department on sector, the draft reports and the issues should be discussed in the Board of Ministry;

 

6.1.7.

To represent the Ministry in the hearings, in which the Ministry takes part as a plaintiff and defendant, to protect the rights and legal interests, therefore, to participate in working out procedural documents (challenged applications, lawsuit challenged applications, appeal, cassation and additional cassation complaints, etc.);

 

6.1.8.

To represent the department in commissions, working groups on working out normative legal acts on appropriate field established in the Ministry and to participate in their work;

 

6.1.9.

To give suggestions to the head of department on the working plan of department on sector according to the activity directions, report projects for periods of works done and issues to be discussed in the Board of Ministry;

 

6.1.10. 

To implement other duties considered by the legislation according to the activity directions.