Department for Regulation of Communications

1.

General provisions

 

1.1.

The Department for Regulation of Communications (hereinafter – the Department) of the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan is a structural unit of the administrative office of the Ministry of Transport, Communications and High Technologies (hereinafter – the Ministry) of the Republic of Azerbaijan, which provides activities in the field of regulation of telecommunications and postal services, relations between operators on interconnection issues, the organization of universal telecommunications and postal services, the efficient use of limited number and frequency resources, the issuance of special permits for the circulation of items whose civil circulation is limited and goods subject to export control, coordination of the activity of the registration system for mobile devices, control over the activities of the system inter-operator number portability (hereinafter – the relevant field).

 

1.2.

In its activity, the Department is guided by the Constitution of the Republic of Azerbaijan, the laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, “Regulations on the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan” , and other legal acts, decisions, orders and instructions (hereinafter – organizational and administrative documents) of the Minister of Transport, Communications and High Technologies (hereinafter – the Minister), the decisions of the Board of the Ministry and these Regulations.

 

1.3.

When carrying out its duties and exercising rights, the Department interacts with structural units of the Ministry, and bodies that are included in its structure, and subordinate bodies that are not included in its structure.

 

2.

Areas of activity of the Department

 

2.0.

Areas of activity of the Department are as follows:

 

2.0.1.

participates in the implementation of state regulation in the relevant field;

 

2.0.2.

examines the appeals received by the Ministry in connection with giving a special licenses and permits and submits proposals to the managemnet of the Ministry;

 

2.0.3.

participates in the regulation of radio frequencies in the territory of the Republic;

 

2.0.4.

takes measures in accordance with the legislation in the direction of regulating the relations of interconnections between operators;

 

2.0.5.

analyses the current situation of the organization of universal telecommunication and postal services and makes proposals;

 

2.0.6.

takes measures for the purpose of providing efficient use of limited number resources, examines appeals made for allocation of number resources and submits proposals to the management of the Ministry;

 

2.0.7.

examines appeals received in connection with the issuance of a special permit for the circulation of items that may belong to certain participants in the civil circulation, and allowed to be in circulation on the basis of a special permission (with limited civil circulation) and makes proposals to the management of the Ministry;

 

2.0.8.

investigates complaints received in connection with the issuance of a special permit for goods subject to export control (work, services, results of intellectual activity) and makes proposals to the management of the Ministry;

 

2.0.9.

examines appeals received in connection with the issuance of certificates of conformity with telecommunication facilities and devices and makes proposals to the management of the Ministry;

 

2.0.10.

coordinates the activity of the mobile device registration system, investigates appeals received from police stations (departments) and citizens in connection with lost (stolen) mobile devices that were later found and returned to their owners, and makes proposals to the management of the Ministry;

 

2.0.11.

examines appeals received in connection with the mobile number portability, makes proposals to the management of the Ministry and exercises control over the activities of the system of interoperator number portability;

 

2.0.12.

participates in the regulation of tariffs for the relevant field and makes proposals;

 

2.0.13.

carries out investigations and analyses regarding application of new technologies in the relevant field in our country and makes proposals to the management of the Ministry;

 

2.0.14.

carries out activities in other areas as defined by law.

 

3.

Duties of the Department

 

3.0.

The Department fulfills following duties according to the areas of activity as defined by these Regulations:

 

3.0.1.

to participate in the preparation of draft legislation acts, organizational-regulatory and other legal acts regulating the activities of the Ministry;

 

3.0.2.

to participate in the preparation of the mechanism of state regulation in the relevant field, the formation and implementation of the main directions and make proposals on this;

 

3.0.3.

to participate in the preparation and implementation of long-term and current plans for the preparation of draft regulations for the Ministry;

 

3.0.4.

if necessary, to participate in the preparation of agreements of different purposes in connection with the activities of the Ministry;

 

3.0.5.

to participate in the preparation of state and sectoral programs, development concepts and strategies;

 

3.0.6.

to provide the implementation of measures entrusted to the Ministry in the relevant state acts and state programs, as well as measures (instructions) provided for in the organizational and administrative documents;

 

3.0.7.

to participate in the audit of the activities of bodies included in the structure of the Ministry, and subordinate bodies that are not included in its structure, as well as the examination of materials based on the results of inspections and inventories conducted within the Ministry;

 

3.0.8.

to establish mutual relations with enterprises operating in the relevant field;

 

3.0.9.

to carry out the reception of citizens, provide timely and thorough consideration of oral and written appeals from citizens received in the Department as prescribed by law;

 

3.0.10.

to analyze the information published (disseminated) in mass media regarding state regulation of the activity of the Ministry together with other structural units on the instruction of the management of the Ministry and make proposals;

 

3.0.11.

to provide, within the limits of its powers, the performance of tasks commissioned to the Ministry in the normative and normative legal acts;

 

3.0.12.

to consider in the manner prescribed by law the appeals received by the Ministry in connection with the creation and maintenance of biometric technologies, the issuance of a license for cellular (mobile) communication services (indicating the name of the technological standard), prepare documents and make proposals to the management of the Ministry, monitor compliance with license requirements and conditions;

 

3.0.13.

in cases and as required by the law, to participate in determining the form of the license agreement and the procedure for its closure, as well as in matters related to the conclusion of the license agreement, and submit proposals to the management;

 

3.0.14.

to consider the conformity with the procedure for received appeals in accordance with the legislation in connection with the issuance of a permit for the distribution of foreign periodicals in the Republic of Azerbaijan, the permanent place of whose founders or editorial offices are located outside the Republic of Azerbaijan, to prepare documents in this regard and make proposals to the management of the Ministry;

 

3.0.15. 

to participate in the regulation of the use of radio frequency reserves of the Republic of Azerbaijan, as well as determine the rules for the use of radio frequency resources, radio electronic facilities and installation of civilian designation in this field, monitor their implementation and make proposals with a view to monitoring the area of electromagnetic coordination of telecommunications facilities;

 

3.0.16.

to organize, in accordance with applicable law, regulation and protection of the use of radio frequencies in civilian radio networks and make proposals to the management of the Ministry in order to use them effectively;

 

3.0.17.

to determine terms of interconnection agreements concluded between telecommunication operators and regulate activities in this area, take measures for solution of disputes arising in the interconnection relations between telecommunication operators, providers in accordance with the Law of the Republic of Azerbaijan “On Telecommunications”, terms of interconnection prepared by the management of the Ministry, as well as interconnection agreements and make proposals to the management of the Ministry;

 

3.0.18.

to prepare proposals to the management in order to determine the rules for connecting and using the public telecommunications network, development policy, improvement, effective and reliable use of this network;

 

3.0.19.

to participate in relevant work on interaction with networks of other operators related to the creation and operation of telecommunications networks for special purposes of state bodies;

 

3.0.20.

to exercise control over events regarding provision of universal telecommunication services in all territories of the Republic of Azerbaijan, prepare and submit to the management of the Ministry proposals for organization of these services within a given period, qualitatively and at affordable prices;

 

3.0.21.

to participate in the ongoing work in connection with providing the population in all settlements of the country with high-quality and reliable telecommunications and broadband internet services, and make proposals;

 

3.0.22.

to prepare proposals to the management of the Ministry with the aim of determining the indicators of the quality of services in the field of communications and high technologies, including Internet services, with the relevant state bodies control and monitoring of the quality of services of business entities working in this field, regardless of ownership and legal forms, control the quality of services provided, study received applications in connection with this and take measures for their implementation;

 

3.0.23.

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

 

3.0.24.

to consider appeals from operators, providers, and other legal entities and individuals for the allocation of number resources, their replacement and return for the purpose of efficient use of number resources belonging to the telecommunications network of the Republic of Azerbaijan, prepare documents for approval and make proposals to the management of the Ministry for their commissioning in the manner prescribed by law;

 

3.0.25.

to study recommendations of the international organizations (International Telecommunication Union (ITU) and European Conference of Postal and Telecommunications Administrations (CEPT)) in connection with distribution and use of limited number resources, as well as the designation of the appropriate frequency bands and make proposals, to provide recognition of changes made in national numbering plans of foreign countries in the networks of telecommunication operators operating in our country;

 

3.0.26.

to consider appeals received in connection with the issuance of a special permit for the circulation of items with limited civilian circulation, study their compliance with existing rules and prepare documents in connection with the issuance of a special permit in accordance with the law, make proposals to the management of the Ministry, organize with the relevant state bodies the coordination of activities for the issuance of a special permit for the circulation of items whose civil circulation is limited, organize control over compliance with the circulation of items and its conditions by the owners of special permits;

 

3.0.27.

to prepare and submit proposals to the management of the Ministry in connection with the issuance, changing and withdrawl of a special permit for goods (work, services, results of intellectual activity) that are subject to export control, organize coordination of activity with relevant state bodies in issuing a special permit for goods (work, services, results of intellectual activity) that subject to export control, after issuing a special permit depending on the categories of goods (work, services, results of intellectual activity) to exercise control over the use of goods for their intended purpose, ensuring the conditions of their storage, physical protection, safety and compliance with relevant conditions;

 

3.0.28.

to examine and analyze appeals received in connection with cellular (mobile) number portability between operators in accordance with the current legislation, make proposals and submit to the management of the Ministry;

 

3.0.29.

to investigate complaints from applicants in connection with the registration of mobile devices and prepare proposals for improving the management of the registration system for mobile devices;

 

3.0.30.

within the limits of its powers, to coordinate the interaction of operators, providers, other legal entities operating in the Republic in the relevant field, as well as physical persons engaged in entrepreneurial activities, and make recommendations in connection with the provision of communications services in order to regulate relations in the manner required by law;

 

3.0.31.

to make proposals to the management of the Ministry in order to identify 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;

 

3.0.32.

to participate in the formulation of tariff policy in the relevant field, make proposals on tariffs regulated by the state, conduct monitoring of tariffs applied by operators and providers for services, tariffs of which are not regulated by the state, prepare proposals and make recommendations to the operators and providers;

 

3.0.33.

to take measures together with relevant government bodies of the Ministry and state organizations to create a healthy competitive environment among business entities operating in the relevant field, prevent and eliminate unfair competition between operators, as well as to take joint actions with the relevant structural subdivisions of the Ministry and relevant state bodies to protect consumers' rights;

 

3.0.34.

together with the relevant structural units of the Ministry to provide control over the formation of service markets in the field of communication and high technologies, conduct analysis of service markets, prepare proposals for the management to determine specific requirements for the activities of operators and suppliers occupying dominant positions;

 

3.0.35.

jointly with the relevant state bodies and structural divisions of the Ministry to develop proposals to improve the investment climate, prepare proposals to encourage investment in the relevant field and take measures to attract local and foreign investments;

 

3.0.36.

to participate in the development of state standards and classifications in the relevant field;

 

3.0.37.

to prepare proposals for the consideration in the activities of the Ministry the implementation of the recommendations of international organizations in the relevant field, as well as international treaties to which the Republic of Azerbaijan is a signatory;

 

3.0.38.

together with relevant structural divisions of the Ministry to take measures to provide the organization and provision of electronic services in the relevant field defined by the Cabinet of Ministers of the Republic of Azerbaijan;

 

3.0.39.

to make exchange of inquiries and information with telecommunication and postal operators of foreign countries, state bodies, including regulatory authorities, international and non-governmental organizations in connection with issues within the powers of the Department;

 

3.0.40.

to examine appeals received from structural units of the Ministry and subordinate bodies that are not included in its structure, as well as other legal and physical persons in connection with administrative violations committed or alleged in the relevant field and make proposals ;

 

3.0.41.

to consider cases of relevant administrative offences provided by law;

 

3.0.42.

to make proposals with a view to taking appropriate measures in respect of legal entities and individuals in case of their evasion from the decision to apply administrative penalties in the form of an administrative fine;

 

3.0.43.

to make proposals for the preparation of collegial decisions of the Ministry, organizational and regulatory documents, as well as action plans, participate in their implementation and carry out other duties entrusted by the management;

 

3.0.44.

to study, summarize and apply international experience on public regulation of telecommunication and postal communications, make proposals for consideration of the recommendations of international organizations in its activity;

 

3.0.45.

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

 

3.0.46.

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

 

3.0.47.

to provide the protection of official information, state and commercial secrets by the employees of the Department in accordance with the law;

 

3.0.48.

to carry out other duties provided for in the legislation according to the areas of activity.

 

4.

Rights of Department

 

4.0.

The Department has following rights to fulfill its duties:

 

4.0.1.

to make proposals on draft normative legal acts, international treaties, organizational and administrative documents prepared by structural units of the administrative office of the Ministry, bodies that are included in its structure, and subordinate bodies not included in its structure;

 

4.0.2.

to give opinion in accordance with the lines of activity, analyze and summarize, make proposals on the improvement of legislative acts, organizational and administrative documents related to the activities of the Ministry in the field of state regulation;

 

4.0.3.

to take the initiative in connection with the regulation of the sector in order to prepare draft regulatory documents in accordance with the current legislation and submit them to the management of the Ministry for coordination with relevant authorities;

 

4.0.4.

to address requests to structural units of the administrative office of the Ministry, bodies included in its structure, and subordinate bodies not included in its structure in connection with the performance of duties defined by these Regulations and receive relevant documents and (or) information from them;

 

4.0.5.

to exercise control over the compliance with licensing requirements and conditions by legal entities and individuals who received special license for the relevant activities in accordance with the current rules, require the necessary data, including statistical data (with secrecy), from legal and physical persons licensed in accordance with the current legislation;

 

4.0.6.

to prepare proposals with a view to taking appropriate measures based on the results of the monitoring conducted in order to provide the efficient use of radio frequency resources and monitor their implementation;

 

4.0.7.

to prepare proposals to the management about operators that do not comply with the requirements of the interconnection conditions and take measures in accordance with the current legislation;

 

4.0.8.

to conduct an inventory of limited numbering resources allocated in the manner prescribed by law, and monitor their use by telecom operators, providers, and other legal and physical persons as intended;

 

4.0.9.

to consider the conformity of received applications concerning registration of mobile devices with existing rules and make suggestions;

 

4.0.10.

to take measures jointly with relevant authorities in accordance with the current legislation to prevent communication and traffic exchange services organized without compliance with existing standards and rules;

 

4.0.11.

to exercise control over the application of tariffs regulated by the state for services in the relevant field, conduct monitoring of tariffs applied by operators and providers for services that are not regulated by the state, prepare proposals on recommendations to the relevant authorities, require the use of tariffs on a cost basis by maintaining separate accounting of income and expenses by type of service;

 

4.0.12.

to analyze the results of measures taken in the field of creating a healthy competitive environment among business entities operating in the relevant field, analyze the markets for services and protection of consumer rights and prepare proposals;

 

4.0.13.

to prepare proposals with the aim of defining special requirements for the activities of operators and providers holding a dominant position, take measures together with the relevant authorities in accordance with the law to prevent unfair competition and monopoly in the relevant field;

 

4.0.14.

to analyze information on issues related to the duties of the Department received from telecommunications and postal operators, government agencies, including regulatory agencies, international and non-governmental organizations and prepare proposals;

 

4.0.15.

to take measures in accordance with the current legislation in connection with appeals regarding administrative offences received from structural units of the administrative office of the Ministry and subordinate bodies that are not included in its structure, as well as legal and physical persons;

 

4.0.16.

to analyze the necessary information received in accordance with the legislation from telecommunication operators, providers and postal operators in connection with the control over the quality of services and prepare proposals;

 

4.0.17.

to participate in international events, including conferences, symposia, forums, meetings, negotiations, etc. in the relevant field on the instructions of the management of the Ministry;

 

4.0.18.

to obtain necessary documents, materials and information from structural units of the administrative office of the Ministry, bodies that are included in its structure and subordinate bodies not included in its structure, enterprises, institutions and organizations and their authorized persons in the manner prescribed by law to carry out duties defined by these Regulations;

 

4.0.19.

to organize conferences, scientific symposia, workshops for employees of structural divisions of the Ministry and subordinate bodies that are not included in its structure, as well as hold meetings with representatives of structural divisions of the administrative office of the Ministry, bodies that are not included in its structure and subordinate bodies that are not included in its structure in connection with the improvement of legislation in the relevant field, the implementation of the basic duties and functions defined by these Regulations;

 

4.0.20.

to participate in discussions on issues related to the functions of the Department, the work of commissions, deliberative and coordinating bodies created in the Ministry, bodies included in its structure, and subordinate bodies not included in its structure, taking into account the requirements of the law;

 

4.0.21.

to represent and protect the legal, legitimate interests of the Ministry before state bodies, local government bodies, legal entities and individuals in connection with issues related to the areas of activity;

 

4.0.22.

to participate and represent the Ministry in the work of commissions, working groups set up in the Ministry and other state bodies, local and international events of various levels on issues related to its activities;

 

4.0.23.

to act as a specialist or witness in court hearings in which the Ministry participates;

 

4.0.24.

to prepare draft appeals to government bodies, municipalities, individuals and legal entities;

 

4.0.25.

to study the experience of other countries in accordance with the lines of activity and make proposals to improve activities in this field;

 

4.0.26.

to prepare proposals for improving management, improving activities in structural divisions of the administrative office of the Ministry, bodies included in its structure, and subordinate bodies not included in its structure;

 

4.0.27.

to prepare proposals for the training and professional development of specialists in the relevant field;

 

4.0.28.

to subscribe to legal literature, as well as an electronic database of regulatory legal acts necessary for the activities of the Department;

 

4.0.29.

to prepare proposals for the management to involve independent experts and specialists, consulting companies, scientific organizations in the activities of the Department, on the basis of the contract, within the resources provided for this purpose, to create working groups and commissions on a voluntary basis;

 

4.0.30.

to study the experience of foreign countries in the relevant field, to participate in the organize and carry out cooperation with relevant bodies and other agencies of foreign states, international organizations, foreign legal entities and individuals, as well as negotiate and participate in negotiations, develop or participate in drafting of international treaties;

 

4.0.31.

to exercise other rights in accordance with the areas of activity as provided for in the legislation.

 

5.

Organization of activity of the Department

 

5.1.

The structure and staff number of the Department are approved by the Minister.

 

5.2.

The Department structure includes the interconnection and service sector.The interconnection and service sector ensures the fulfillment of the duties assigned to the Department by these Regulations.

 

5.3.

The Department is headed by head of department, who is appointed and dismissed by the Minister.

 

5.4.

Head of department is personally responsible for the organization of activities of the Department, carrying out the duties assigned to the Department and the implementation of rights.

 

5.5.

Head of department has a deputy, who is appointed and dismissed by the Minister.

 

5.6.

Deputy head of department is personally responsible for the performance of duties assigned to him by the head of the department and the exercise of the rights.

 

5.7.

In the absence of the head of department, deputy head of department carries out his duties in the established manner;

 

5.8.

The Department has a head of sector, who is appointed and dismissed by the Minister.

 

5.9.

Other employees of the Department are appointed and dismissed by the Minister.

 

5.10.

head of department:

 

5.10.1.

organizes the activity of the Department and heads it;

 

5.10.2.

makes distribution of division of work among sectors included in the structure of the Department and employees, coordinates their activities and provides the preparation of service instructions for employees of the Department;

 

5.10.3.

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

 

5.10.4.

signs action plans and other similar documents drawn up to provide the fulfilment of the duties assigned to the Department and also exercises control over timely and efficient implementation of measures envisaged in the action plan and reports to the management of the Ministry on their implementation;

 

5.10.5.

defines the issues on the Department to be discussed in the Board of the Ministry and submits to the management of the Ministry proposals on this;

 

5.10.6.

provides the fulfillment of relevant instructions given by the laws of the Azerbaijan Republic, decrees, orders and other instructions of the President of the Republic of Azerbaijan, including national projects and strategies, state programs, development concepts, activities and action plans, as well as relevant strategic road maps, decisions and orders of the Cabinet of Ministers, decisions, orders and instructions of the Minister, decisions th Board of the Ministry;

 

5.10.7.

makes proposals to the management of the Ministry in connection with the appointment and dismissal of employees in the department, the promotion, application of disciplinary measures, as well as the removal of employees from office;

 

5.10.8.

makes proposals to the management of the Ministry on the participation of employees in professional development courses, training courses to equip the department with highly qualified specialists, and the appointment of workers to work;

 

5.10.9.

obtains necessary information and documents from structural divisions of the administrative office of the Ministry, bodies that are included in its structure and subordinate bodies that are not included in its structure within its powers to perform the duties of the Department;

 

5.10.10.

organizes consideration of letters, applications, complaints and suggestions received by the Department in accordance with the legislation, and timely and correct answering to them;

 

5.10.11.

provides clerical work in the Department in accordance with the “Instructions for clerical work in state authorities, in legal entities and state-funded organizations, the control package of shares of which belongs to the state”;

 

5.10.12.

provides the secrecy order in the Department, and is responsible for providing protection measures for state secrets in the activities of the Department;

 

5.10.13.

provides letters received from government bodies, as well as legal and physical persons to the management for signing;

 

5.10.14.

coordinates the activities of the Department with the structural units of the administrative office of the Ministry, its structural units that are included in its structure and subordiante bodies not included in its structure;

 

5.10.15.

gives binding instructions on the part related to its powers, organizes their implementation and exercises control over their execution;

 

5.10.16.

approves relevant reports of the Department;

 

5.10.17.

instructs the execution of documents of special importance and complex to several employees or transfers them from the execution of one employee to another employee;

 

5.10.18.

participates in Board meetings of the Ministry, relevant meetings, events and meetings of the scientific-technical council;

 

5.10.19.

fulfills the instructions of the management of the Ministry in connection with the activities of the Department;

 

5.10.20.

represents the Ministry in the higher state authorities, other ministries and central and local executive authorities, state bodies, international organizations, abroad on the instruction of the management and defends its interests;

 

5.10.21.

represents the Department.

 

5.11.

The employees of the Department bear responsibility for the violation of the requirements of these Regulations in the manner established by law of the Republic of Azerbaijan.

 

5.12.

The employees of the Department are responsible for confidentiality of data that is known to them and data containing state or business secret in accordance with their duties and powers.