(2022.11.08-ны өдрийн орчуулга)                                                    Unofficial translation

LAW OF MONGOLIA

October 18, 2001                                                                                      Ulaanbaatar city

ON COMMUNICATIONS

/Revised version/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of this Law

1.1.The purpose of this Law is to regulate relations related to establishing, using and protecting of communication network in Mongolia, promoting efficient and fair market competition and providing citizens and legal entities with qualified product and services of information and communication technology.

/This paragraph was amended by the law as of May 30, 2019/

Article 2.Legislation on communications

2.1.The legislation on communications shall consist of the Constitution of Mongolia, this Law and other legislative acts enacted in conformity with them.

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, then the provisions of the international treaty shall prevail.

2.3.Relations concerning broadcasting services shall be regulated accurately by the Law on Broadcasting.

/This paragraph was added by the law as of May 30, 2019/

Article 3.Definitions of terms of Law

3.1.The following terms used in this Law shall have the following meanings:

3.1.1."Line" means any transmission environment /wire, radio wave and space etc./ established for the purpose to introduce, transmit, and receive information, and a complex of insulators, ducts, columns, towers, buildings, fields and other objects used to protect them;

/This sub-paragraph was amended by the law as of May 30, 2019/

3.1.2."Network" means a communication line used to introduce, transmit, transfer and receive information between two or more users, and a set of technical devices for receiving, sorting, transporting and delivering postal parcel;

3.1.3."Operation" means activities of repairing, measuring and configuring towards to ensure stable operation of communication network;

3.1.4."Service" means an activity of providing needs of communication information of customer using communication network;

3.1.5."Service provider" means a citizen and legal entity with license to conduct activities specified in sub-paragraphs 9.4, 9.8, and 9.11 of paragraph 9 of Article 8.1 of the Law on Permits;

/In this sub-paragraph, the part "Articles 15.16.1-15.16.3 of the Law on Licensing for Business Activities" shall be replaced by "sub-paragraphs 9.4, 9.8, and 9.11 of paragraph 9 of Article 8.1 of the Law on Permits" by the law as of June 17, 2022 and it shall be enforced from January 01, 2023/

/This sub-paragraph was amended by the Law dated as of  May 30, 2019/

/This sub-paragraph was amended by the Law dated on May 15, 2003/

3.1.6."Customer" means a citizen and legal entity involving in an agreement for communication services with the right to purchase services;

3.1.7."Point of demarcation" means a point of interconnection between service provider and customer line and network;

3.1.8."Universal service obligation" means a delivery of essential postal and communications services to remote area and unserved population with reasonable price in the framework of state policy;

/This sub-paragraph was amended by the Law as of May 15, 2003/

3.1.9."Universal service obligation fund" means assets accumulated to implement universal service obligation;

/This sub-paragraph was amended by the Law as of May 15, 2003/

3.1.10."Communication" means all types of communications, radio, television, post;

/This sub-paragraph was modified by the Law as of December 17, 2021/

/This sub-paragraph was amended by the Law as of May 15, 2003/

3.1.11."Communication service" means an activity of transmitting of all types of information using communication network;

/This sub-paragraph was amended by the Law as of May 15, 2003/

3.1.12."Unified numbering plan" means a numerical expression for identifying interstate, internal and local network and service provider and determining direction of calls;

/This sub-paragraph was amended by the Law as of May 15, 2003/

3.1.13."Number portability service" means a service that allows a customer to retain and use existing number when unsubscribing from one communication service provider and subscribing to another communication service provider;

/This sub-paragraph was added by the Law as of July 01, 2014/

3.1.14."Information technology" means activities of creating, processing, storing, transmitting, exchanging and providing services in respect to digital data and connecting with other equipment by using computers and communication networks;

/This sub-paragraph was amended by the Law as of December 17, 2021/

/This sub-paragraph was added by the Law as of May 30, 2019/

3.1.15."Regulation" means a complex of activities concerning to approve procedures, establish contracts, monitor and make decision on issues specified in the legislation related to issuing, extending, suspending, restoring, annulling and transferring license on information and communication technology, and defining conditions and requirements of the license.

/This sub-paragraph was added by the Law as of May 30, 2019/

3.1.16."Domain name" means a combination of letters, numbers and other identification symbol specifically assigned to the country that identifies the address of internet reserve;

/This sub-paragraph was added by the Law as of May 30, 2019/

3.1.17."Normative document" means norms, rules, instructions and methodology containing requirements to conduct communication activities;

/This sub-paragraph was added by the Law as of May 30, 2019/

3.1.18."Interconnection" means network connection between two service providers;

/This sub-paragraph was added by the Law as of May 30, 2019/

3.1.19."Connect to network" means that a service provider connects to another connected service provider`s network in order to deliver its service to customer;

/This sub-paragraph was added by the Law as of May 30, 2019/

3.1.20."Accreditation" means authorizing in written by an accredited entity that communication equipment and products meet the determined requirements;

/This sub-paragraph was added by the Law as of May 30, 2019/

CHAPTER TWO

POWERS OF STATE BODIES ON COMMUNICATIONS

Article 4.Powers of the State Great Khural

4.1.The State Great Khural shall determine the state policy on communications.

/This paragraph was invalidated by the Law as of May 30, 2019/

Article 5.Powers of Government

5.1.The Government shall exercise the following powers on communications:

5.1.1.to organize the implementation of the state policy and legislation on communication;

/This sub-paragraph was amended by the Law as of December 17, 2021/

/This sub-paragraph was amended by the Law as of May 30, 2019/

5.1.2.to establish the Communications Regulatory Commission and approve its charter;

5.1.3.to create the universal service obligation fund and to approve procedure on disbursing it;

5.1.4.to introduce products and service based on communication and information technology;

/This sub-paragraph was amended by the Law as of December 17, 2021/

/This sub-paragraph was added by the Law as of May 30, 2019/

5.1.5.to develop knowledge-intensive, high tech and export-oriented national industries in the field of information and communication technology, and to approve a rule/charter of the policy research organization and the procedures on financing the expenditure.

/This sub-paragraph was added by the Law as of May 30, 2019/

Article 6.Powers of the State Central Administrative body in charge of communication matters

/The title of this article was amended by the law as of November 12, 2021/

/The title of this article was amended by the law as of January 27, 2005 and by the law as of December 19, 2008/

6.1.The State Central Administrative body in charge of communication matters shall exercise the following powers:

/This paragraph was amended by the Law as of November 12, 2021/

/This paragraph was amended by the Law as of May 30, 2019/

/This paragraph was amended by the Law as of December 19, 2008/

/This paragraph was amended by the Law as of  January 27, 2005/

6.1.1.to implement legislation on communications and decisions of the Government;

6.1.2.to develop the state policy on communications and to organize its implementation;

/This sub-paragraph was modified by the Law as of May 30, 2019/

6.1.3.to approve and organize the implementation of directives to be governed in introducing new technology, restricting to use adversely their dominant status, and supporting competition in the information and communication technology field, as well as procedures, instructions and methodologies related to the introduction of new technologies in such field;

/This sub-paragraph was modified by the Law as of May 30, 2019/

6.1.4.to approve procedures for determining the amount of fees of regulatory services to be provided to license holders;

6.1.5.to approve the unified network numbering plan;

6.1.6.to develop policy on universal service obligation and to monitor its implementation;

6.1.7.to ensure reliable, prompt and high-quality communication services and to monitor the protection of correspondence confidentiality;

/This numbering of sub-paragraph was amended by the Law as of May 15, 2003/

6.1.8.to develop a policy for preparing of professional personnel on communications;

/This numbering of sub-paragraph was amended by the Law as of  May 15, 2003/

6.1.9.to plan and implement technical, technological and organizational measures to ensuring sustainable operation and development of the state-owned backbone network, and to organize scientific and research work;

/This sub-paragraph was invalidated by the Law as of May 30, 2019/

/This sub-paragraph was added by the Law as of December 19, 2008/

6.1.10.to approve plan for expanding and development of the backbone network and monitor its implementation;

/This sub-paragraph was amended by the Law as of December 17, 2021/

/This sub-paragraph was modified by the Law as of May 30, 2019/

/This sub-paragraph was added by the Law as of December 19, 2008/

6.1.11.to conduct investments of the state-owned backbone network and to establish network operation contract with service providers;

/This sub-paragraph was invalidated by the Law as of May 30, 2019/

/This sub-paragraph was added by the Law as of December 19, 2008/

6.1.12.to accumulate assets of the universal service obligation fund, disburse them in accordance with the purpose and report the implementation to the Prime Minister;

/This sub-paragraph was added by the Law as of December 19, 2008/

6.1.13.to provide professional and methodological assistance to the management of administrative and territorial units and relevant authorities in implementing the state policy on communications;

/This sub-paragraph was added by the Law as of December 19, 2008/

6.1.14.to approve following procedures related with information and communication technology:

/This sub-paragraph was added by the Law as of May 30, 2019/

6.1.14.a.procedures for providing services by the body in charge of state electronic database;

6.1.14.b.procedures for uploading, updating, and reserving the electronic database of administrative body, and creating history records, and using them;

/This sub-paragraph was invalidated by the law as of December 17, 2021/

6.1.14.c.procedures for transmitting services of radio and television programs to be provided by state to citizens;

6.1.14.d.procedures for internet sharing.

6.1.15.the following policy matters shall be reflected in the document specified in Article 5.1.4 of this Law:

/This sub-paragraph was added by the Law as of May 30, 2019/

6.1.15.a.to provide knowledge and education to all the public on the use of products and services based on information and communication technology;

6.1.15.b.to ensure coherences of other sectors and inter-sector communications, use of information technology, projects and programs;

6.1.15.c.to develop innovation and production of information and communication technology;

6.1.15.d.to protect intellectual property and copyright of information and communication technology products;

6.1.15.e.to ensure coordination between the activities of state organizations and researches and studies in the field of communication and information technology;

6.1.15.f.to create an optimal structure of backbone network and introduce new techniques and technologies;

6.1.15.g.others.

6.1.16.to approve the action plan for the introduction of products and service based on information and communication technology, ensure its implementation and monitor;

/This sub-paragraph was amended by the Law as of December 17, 2021/

/This sub-paragraph was added by the Law as of May 30, 2019/

6.1.17.to monitor and evaluate the activities of state-owned and state joint legal entities operating in the field of information and communication technology, and to take measures to ensure the implementation;

/This sub-paragraph was added by the Law as of May 30, 2019/

6.1.18.other powers specified in the legislation.

/This sub-paragraph was amended by the Law as of May 30, 2019/

/This sub-paragraph was amended by the Law as of December 19, 2008/

/This sub-paragraph was amended by the Law as of May 15, 2003/

6.2.The competent authority shall consult with the State Central Administrative body in charge communication matters when appointing and dismissing the management of state-owned and state joint legal entities.

/This paragraph was amended by the Law as of November 11, 2021/

/This paragraph was amended by the Law as of May 30, 2019/

/This paragraph was amended by the Law as of December 19, 2008/

/This paragraph was amended by the Law as of January 27, 2005/

Article 61.Inter-sectoral activities in the field of information and communication technology

/This article was added by the Law as of May 30, 2019/

61.1.Mongolia shall have the unified policy and planning in the field of information and communication technology.

61.2.Following organizations shall organize the introduction of information and communication technology-based products and services in cooperation with the State Central Administrative body in charge of communication matters:

/This paragraph was amended by the Law as of November 12, 2021/

61.2.1.The State Central Administrative body, the State Administrative body in case of the absence of the State Central Administrative body in charge of such matters;

61.2.2.Non-governmental independent agency and other similar public organization;

61.2.3.Judicial General Council;

61.2.4.State General Prosecutor`s Office.

61.3.The State Administrative center and the State Administrative body shall obtain the opinion of the State Central Administrative body in charge of communication matters on the issues related to the information and communication technology integrated policy and planning framework to be decided by the Government.

/This paragraph was amended by the Law as of November 12, 2021/

61.4.The Government shall decide the policy and planning issues for introduction of the information and communication technology-based products and services in the inter-sectoral level based on the proposal of the State Central Administrative body in charge of communication matters.

/This paragraph was amended by the Law as of November 12, 2021/

61.5.The State Administrative center, relevant State Administrative body and local administrative body shall monitor and evaluate the implementation of introducing of information and communication technology-based products and services every two years and to submit the report to the State Central Administrative body in charge of communication matters within the first quarter of the year following the monitoring and evaluation.

/This paragraph was amended by the Law as of November 12, 2021/

61.6.In the implementation of the introduction of products and services based on communication and information technology, the State Central Administrative body in charge of communication matters shall evaluate in accordance with the procedures specified in the Law on Development Policy, Planning and Its Management.

/This paragraph was amended by the Law as of December 17, 2021/

/This paragraph was amended by the Law as of December 17, 2021/

/This paragraph was amended by the Law as of November 12, 2021/

Article 7.Powers of the Governors of aimags, soums, capital city, and districts levels

/The title of this Article was amended by the Law as of April 22, 2022/

7.1.The Governors of aimags, soums, capital city and districts levels shall exercise following powers on communications:

/This paragraph was amended by the Law as of April 22, 2022/

7.1.1.to implement measures to improve communication services in their territories in cooperation with relevant bodies;

7.1.2.to take measures to address streets, squares, buildings, apartments and yards of aimags, capital city, soums, districts, bags and khoroos;

/This sub-paragraph was invalidated by the Law as of April 22, 2022/

/The numbering of this sub-paragraph was amended by the Law of May 15, 2003/

7.1.3.to provide comprehensive support and assistance including to engage participation of other local organizations, to provide with labor force and equipment, and to finance necessary expenses in order to construct, to reconstruct communication networks due to natural disasters, sudden and force majeure-type emergency situations, as well as to eliminate promptly accidents and damages.

/This sub-paragraph was modified by the Law as of April 22, 2022/

/This numbering of this sub-paragraph was amended by the Law as of May 15, 2003/

7.1.4.to provide support and assistance on the initiatives to establish and use of other network of radio, television and communication;

/The numbering of this sub-paragraph was amended by the Law dated on May 15, 2003/

7.1.5.in the case of the construction of communication lines and networks at the request of the state budget and other investment planning and project programs, as well as at the request of the local citizens, to organize the free use of land owned by others for the purpose of communication lines and networks;

/This sub-paragraph was added by the law as of April 2022/

7.1.6.to reflect on the land for construction of communication infrastructure and network in the general land management plan of the current year, discuss and to have approved it by the Citizens Representatives Khural of respective level;

/This sub-paragraph was added by the Law as of April 22, 2022/

7.1.6.other powers specified in the legislation.

/The numbering of this sub-paragraph was amended by the Law as of April 22, 2022/

/The numbering of this sub-paragraph was amended by the Law as of May 15, 2003/

Article 8.The Communication Regulatory Commission

8.1.The Communications Regulatory Commission (hereinafter referred to as "Regulatory Commission"), responsible for creating conditions for efficient and fair competition in the communication market for all types of business entities and citizens, issuing licenses specified in law and making professional assessment and decisions, shall work.

/This paragraph was amended by the Law as of December 15, 2011/

8.2.The Regulatory Commission shall consist of a Chairman and 6 non-vacant members.

8.3.Chairman and members of the Regulatory Commission shall be appointed by the Prime Minister.

/This paragraph was amended by the Laws as of January 27, 2005 and December 19, 2008/

8.4.The term of office of Chairman and members of the Regulatory Commission shall be six years. The first appointment of members of the Regulatory Commission shall be for two, four and six years and for further with term of six years.

8.5.Chairman of the Regulatory Commission may be reappointed once.

8.6.A Mongolian citizen who has professional experiences of at least 10 years of which 3 years in managerial level shall be appointed as a Chairman of the Regulatory Commission and a Mongolian citizen who has professional experiences of at least 5 years and meets following requirements shall be appointed as a member of the Regulatory Commission:

/This paragraph was amended by the Law as of May 30, 2019/

8.6.1.has a higher education degree in economics, information and communication technology, legal and management, and high professionalism, work experience and management and organizational skills;

8.6.2.Chairman and members of the Regulatory Commission shall not be a sole holder of 20 percent or more of common stock of the service provider or a person with common interest with it.

8.7.The Regulatory Commission shall have the state communications inspector.

/This sub-paragraph was modified by the Law as of May 30, 2019/

8.8.The Regulatory Commission shall have a secretariat office.

8.9.The Regulatory Commission may have a local sub-commission consisting of non-vacant members.

8.10.The Regulatory Commission shall be financed by fees for regulatory services provided to license holders and the radio frequency usage and service.

8.11.The Regulatory Commission shall report to the Government on the work and budget performance.

/This paragraph was amended by the Law as of May 30, 2019/

8.12.The Regulatory Commission shall have its financial report audited by auditor and published annually.

8.13.The Regulatory Commission may be executed by others on a contractual basis when implementing some of its functions specified in the law.

/This paragraph was added by the Law as of July 01, 2014/

Article 9.Powers of the Regulatory Commission

9.1.The Regulatory Commission shall exercise the following powers within the framework of the state policy on communications:

/This paragraph was amended by the Law as of May 30, 2019/

9.1.1.to develop proposals on the state policy on communications and provide information to the competent authorities;

9.1.2.to issue, extend, amend, suspend, renew and annul license stated in the law, approve conditions and requirements of the license and relevant procedures, establish contracts and monitor their implementation;

/This sub-paragraph was modified by the Law as of May 30, 2019/

/This sub-paragraph was amended by the Law as of December 15, 2011/

9.1.3.to certify communication network and customer equipment, approve relevant conditions, requirements, normative documents and procedures, and monitor their implementation;

/This sub-paragraph was modified by the Law as of May 30, 2019/

9.1.4.to approve general conditions of contracts on providing network interconnection and connecting to the network, and procedures for revenue distribution, and monitor their implementation;

/This sub-paragraph was amended by the Law as of May 30, 2019/

9.1.5.to approve the methodology for defining tariffs for communication services, monitor and adopt tariffs for legitimate monopoly and dominant services in the market;

/This sub-paragraph was amended by the Law as of May 30, 2019/

9.1.6.to approve procedures for creating conditions for fair competition in the communication market and monitor their implementation;

/This sub-paragraph was amended by the Law as of May 30, 2019/

9.1.7.to ensure the implementation of universal service obligations;

9.1.8.to develop communication standards, have them approved by the competent authority, and monitor the implementation;

9.1.9.to develop and implement the unified numbering plan;

9.1.10.to approve the conditions and requirements of radio, television and their transmission services, and monitor the implementation;

/This sub-paragraph was modified by the Law as of May 30, 2019/

9.1.11.to define the rate of regulatory service fees in accordance with the procedures specified in Article 6.1.4 of this Law;

9.1.12.to resolve disputes arisen between the license holders or between license holder and customers within the scope of its authority;

/This sub-paragraph was amended by the Law as of January 26, 2017/

9.1.13.to introduce, organize and implement the number portability service and approve regulatory procedures related to this service;

/This sub-paragraph was added by the Law as of July 01, 2014/

9.1.14.to approve procedures for registration and usage of domain name and monitor the implementation;

/This sub-paragraph was added by the Law as of May 30, 2019/

9.1.15.to approve procedures for registering production, operation and services of communications to be operated without license;

/This sub-paragraph was added by the Law as of May 30, 2019/

9.1.16.to approve the budget of the Regulatory Commission and annual work plan of its secretariat office;

/This sub-paragraph was added by the Law as of May 30, 2019/

9.1.17.other powers specified in the legislation.

/The numbering to this sub-paragraph was amended by the Law as of May 30, 2019/

/The numbering to this sub-paragraph was amended by the Law as of July 01, 2014/

Article 10.

/This article was invalidated by the Law as of December 19, 2008/

CHAPTER THREE

UNIVERSAL SERVICE OBLIGATION FUND

Article 11.Universal service obligation fund

11.1.The universal service obligation funds of post and communications shall be accumulated and spent respectively for the purposes to deliver essential communications services to remote area and unserved population, to establish, expand and upgrade networks newly.

/This sub-paragraph was amended by the Law as of May 15, 2003/

11.2.The universal service obligation fund shall consist of following sources:

11.2.1.donations, loans and grants;

11.2.2.other assets.

11.3.The universal service obligation fund shall be spent only for the purpose specified in Article 11.1 of this Law.

CHAPTER FOUR

LICENSE

Article 12.License

12.1.The Regulatory Commission shall issue licenses to citizens and legal entities to be engaged in the activities specified in sub-paragraphs 9.4, 9.8 and 9.11 of paragraph 9 of Article 8.1 of the Law on Permits.

/In this paragraph, the part "Articles 15.16.1-15.16.3 of the Law on Licensing of Business Activities" shall be replaced by "sub-paragraphs 9.4, 9.8, and 9.11 of paragraph 9 of Article 8.1 of the Law on Permits" by the Law as of June 17, 2022 and shall be enforced from January 01, 2023/

/This paragraph was modified by the Law as of May 30, 2019/

12.1.1.to provide services specified in Article 15.8.7 of the Law on Licensing of Business Activities;

/This sub-paragraph was invalidated by the Law as of June 17, 2022 and shall be enforced from January 01, 2023/

/This sub-paragraph was amended by the Law as of May 15, 2003/

12.1.2.to use radio frequency and radio frequency band;

12.1.3./This sub-paragraph was invalidated by the Law as of May 15, 2003/

12.2.The license shall be issued for period up to 20 years.

12.3.Citizens and legal entities engaged in the production, operation and services of communications other than those specified in Article 12.1 of this Law shall be registered with the Regulatory Commission.

Article 13.Documents required to obtain a license

13.1.Citizens and legal entities shall submit the application for license to the Regulatory Commission together with the documents specified in the law.

13.2.The following documents shall be attached to application for license, in addition to the documents specified in the law:

13.2.1.estimation and information on financial, economic and technical capacity, and supply of professional personnel;

13.2.2.information on activities to be implemented /service framework, location, technology and service tariff proposal/.

Article 14.Establishing contract with license holder and refusing to issue a license

14.1.In case of an issuance of license, the Regulatory Commission shall establish a contract with the license holder. The contract shall include the following:

14.1.1.service effect and service accessibility;

14.1.2.technological specifications of communication line and network equipment;

14.1.3.obligations and preventive measures in case of declaration of state of emergency or war and force majeure;

14.1.4.conditions on interconnection;

14.1.5.rights and obligations of the Regulatory Commission and license holder;

14.1.6.others.

14.2.The Regulatory Commission shall refuse to issue a license on the following grounds:

14.2.1.there is no frequency band requested by the applicant;

14.2.2.the applicant is not provided with financial, economic, technical and professional capacity and technical equipment components to establish and operate communication network;

/This sub-paragraph was amended by the Law as of July 08, 2010/

14.2.3.it is considered that there may be a harm to public interests and national security.

14.3.In case of number of entities applied for license to provide services in same territory, the license shall be issued subject to competitive selection basis.

Article 15.Annul of license

15.1.The Regulatory Commission shall annul a license on the following grounds in addition to those specified in the Law on Permits:

/In this paragraph, the part "Law on Licensing of Business Activities" was amended to "Law on Permits" by the Law as of June 17, 2022 and shall be enforced from January 01, 2023/

15.1.1.violated the legislation on communications and failed to fulfill its obligations specified in the contract;

15.1.2.disclosed confidentiality of communication and correspondence;

15.1.3.not commenced the activity specified in the license within one year from the date of obtaining the license;

15.1.4.conducted the activity not specified in the law and contract.

15.2.The Regulatory Commission shall not be liable for damages and loss caused by the annul of a license on the grounds specified in Article 15.1 of this Law.

15.3.In case of not agreeing with the decision to annul the license, the license holder shall file a complaint to the Court.

CHAPTER FIVE

COMMUNICATION NETWORK

Article 16.Types of communication network

16.1.A communication network consists of telecommunication, postal, radio, television and information (such as internet, computer and others) networks.

16.2.A communication network is classified according to its purpose as public, internal and special use networks.

Article 17.Telecommunication network

17.1.A telecommunication network shall consist of lines, equipment and technical devices for transmitting, transferring and receiving of all types of information between customers, including signs, signals, texts, audio and video.

17.2.A telecommunication backbone network is the network for public use consisting of inter-city transmission and interstate facilities. The backbone network may be state-owned.

17.3.The owner of the telecommunication network shall set up the network through unified technical and technological management and without interruption.

17.4.The backbone network can be established and owned by state, all types of business entities and citizens.

Article 18.Postal network

18.1.Relations concerning to the postal network, its use and services shall be regulated by the law.

/This article was modified by the Law as of May 15, 2003/

Article 19.Radio and television network

19.1.A radio and television network consists of equipment and technical devices for transmitting, receiving and transferring of radio and television program.

19.2.A radio and television network shall be used on the basis of the contract made by and between the organization preparing radio and television broadcasting program and the service provider.

Article 20.Special use network

/The title of this article was amended by the Law as of December 17, 2021/

20.1.A special application/use network may be established and operated for defense and security of Mongolia, disaster prevention, fighting with a crime, public order maintenance, and for the needs of state and local governance organizations.

/This paragraph was amended by the Law as of December 17, 2021/

/This paragraph was amended by the Law as of May 30, 2019/

20.2.Special use networks shall be under state protection.

/This paragraph was amended by the Law as of December 17, 2021/

20.3.Special use networks are classified as special use communication networks and state unified information networks.

/This paragraph was added by the Law of December 17, 2021/

20.4.Procedures for establishing and using the special use network shall be determined by the Government.

/The numbering of this paragraph was amended by the Law as of December 17, 2021/

/This paragraph was amended by the Law as of December 17, 2021/

20.5.Communication channels and equipment in special use network shall be used on the basis of the contract concluded with service provider.

/This paragraph was amended by the Law as of December 17, 2021/

/The numbering of this paragraph was amended by the Law as of December 17, 2021/

20.6.The organization specified in Article 20.1 of this Law shall be responsible for the information confidentiality and protection of special use communications which were transmitted through the communication network.

/The numbering of this paragraph was amended by the Law as of December 17, 2021/

Article 21.Communication network for internal purpose

21.1.A business entity and organization may establish and operate a communication network for internal purpose.

/This paragraph was modified by the Law as of May 30, 2019/

21.2.Business entity and organization shall be prohibited others to use the network specified in Article 21.1 of this Law for the purpose of making a profit, and the Regulatory Commission shall approve the procedures for the regulation of the communication network for domestic use and monitor its implementation.

/This paragraph was modified by the Law as of May 30, 2019/

Article 22.Connection to communication network

22.1.An owner of the special use network and an entity having network for internal use or establishing a new network shall be responsible for additional lines and equipment to be installed at the point of demarcation between the networks when connecting to the network owned by others.

/This paragraph was modified by the Law as of December 17, 2021/

22.2.The service provider shall ensure the conditions to connect other networks to its network without hindrance considering the technical capabilities.

22.3.Interconnection between communication networks and demarcation point to connect to the network shall be determined by the Regulatory Commission.

/This paragraph was modified by the Law as of May 30, 2019/

Article 23.Mobilization of communication network

23.1.In case of declaration of state of emergency or war and force majeure in Mongolia, communication network shall be mobilized in accordance with the legislation.

CHAPTER SIX

RIGHTS AND OBLIGATIONS OF SERVICE PROVIDER AND CUSTOMER

Article 24.Obligations of service provider and customer

24.1.The rights, obligations and liabilities of service providers and customers shall be regulated by contract in accordance with the Civil Code.

Article 25.Rights and obligations of service provider

25.1.Service provider shall have the following rights:

25.1.1.to define tariffs for communication services in accordance with the methodology issued by the Regulatory Commission;

25.1.2.to suspend the service or terminate the contract in case of the customer failed to fulfill its obligation;

25.1.3.other rights specified in the contract.

25.2. The service provider shall have the following obligations:

25.2.1.to provide prompt services without discrimination to the customers in accordance with the license;

25.2.2.to comply with communication standards, technical conditions, requirements and normative documents, and use equipment certified in accordance with the law;

/This paragraph was modified by the Law as of May 30, 2019/

25.2.3.to notify in prior the Regulatory Commission and customers to renew, expand the communication equipment, change of the service purpose, and suspend the service;

25.2.4.to ensure and protect the confidentiality of all types of information transmitting through communication network;

25.2.5.in case of circumstances specified in Article 23.1 of this Law, to allow the use of communication network without hindrance in accordance with the legislation;

25.2.6.not to suspend communication services except as specified in the legislation and be liable in accordance with the Civil Code in case of damages and loss to customers;

25.2.7.to provide information required by the Regulatory Commission in a timely manner;

25.2.8.to connect the authorized body specified in Article 9.1.1 of the Law on Intelligence Activity to the communication and information technology network in accordance with the procedures stated in the law, and provide with conditions and opportunities to use it for the purpose specified in the law;

/This sub-paragraph was amended by the Law as of December 17, 2021/

/This sub-paragraph was added by the Law as of July 08, 2010/

25.2.9.to provide technical possibilities for customers to switch between communication service providers with portable number;

/This sub-paragraph was added by the Law as of July 01, 2014/

25.2.10.to pay fees for regulatory services;

/This sub-paragraph was added by the Law as of May 30, 2019/

25.2.11.to register customers with a civil registration number;

/This sub-paragraph was amended by the Law as of June 03, 2022/

/This sub-paragraph was added by the Law as of May 30, 2019/

25.2.12.to delivers services to other service providers with same conditions;

/This sub-paragraph was added by the Law as of May 30, 2019/

25.2.13.other obligations stipulated by the law and contract.

/The numbering of this sub-paragraph was amended by the Law as of May 30, 2019/

/The numbering of this sub-paragraph was amended by the Law as of July 01, 2014/

/The numbering of this sub-paragraph was amended by the Law as of July 08, 2010/

25.3.Authorized employee of the service provider shall have an unimpeded access to the communication lines and networks at the state-protected entities and organizations for repairing and maintenance.

25.4./This paragraph was invalidated by the Law as of May 15, 2003/

Article 26.Rights and obligations of customer

26.1.Customer shall have the following rights:

26.1.1.to use certified equipment that meets communication standards and technical specifications and authorized software;

/This paragraph was amended by the Law as of May 30, 2019/

26.1.2.to demand to repair damages to the communication network and to get information on this matter;

26.1.3.to claim compensation for damages in accordance with the Civil Code in case of termination of services or non-operation of equipment for the reasons other than those specified in Article 23.1 of this Law;

/This paragraph was amended by the Law as of May 15, 2003/

26.1.4.other rights specified in the contract.

26.2.Customer shall have the following obligations:

26.2.1.to protect communication network and equipment in its own buildings and territories and inform the service provider about the damages occurred or may occur;

26.2.2.to pay fees for communication services within the period specified in the contract;

26.2.3.to use certified equipment that meets technical conditions and requirements provided by the service provider;

26.2.4.other obligations specified in the contract.

CHAPTER SEVEN

PROTECTION OF COMMUNICATION NETWORK

Article 27.Common obligations of business entities, organizations and citizens

27.1.Business entity, organization and citizen shall have the following common obligations concerning the protection of communication network:

27.1.1.to obtain permission from the service provider for exploration of engineering lines and networks, construction of buildings and establishment of lines and networks and if it is needed to be transferred to perform it at its own expenses;

27.1.2./This sub-paragraph was invalidated by the Law as of May 15, 2003/

27.1.3./This sub-paragraph was invalidated by the Law as of May 15, 2003/

27.1.4.to ensure the regular operation of communication network for public service.

/This sub-paragraph was added by the Law as of May 30, 2019/

27.2.Communication network for public service may be located on a contractual basis at the privately owned and public lands and buildings and at the part of joint ownership of residential buildings, and in that case, citizens, business entities and organizations shall issue, without hindrance, the permission to work on the communication equipment.

/This sub-paragraph was added by the Law as of May 30, 2019/

Article 28.Strip/band area

28.1.Communication protection strip area means land or area allocated by the Unified Land Territory of Mongolia for the communication network. The strip area shall have following measurements:

28.1.1.to have 10 meters from each side of aerial pillar lines;

28.1.2.to have 5 meters from each side of cable lines;

28.1.3.an area of microwaves spreading between the stations of radio-relay lines or by the transmission ground station of space communication satellite; and to have a diameter of 300 meters from each side of those stations;

28.1.4.a sanitary protection zone determined depending on the capacity of the station of radio and television broadcasting and equipment of microwave generating.

28.2.Matters related to the protection strip area where the communication network located shall be resolved by the state central and local administrative body within their respective powers.

Article 29.Monitoring on strip area

29.1.Communication protection strip area shall be under the control of the service provider.

29.2.A sign indicating the communication protection strip area shall be placed along the direction of the line.

29.3.The following activities shall be prohibited in the communication protection strip area:

29.3.1.construction of buildings, gers and fences, and planting of trees;

29.3.2.wasting of items that could damage the cables and spilling of corrosive chemicals;

29.3.3.crossing of the aerial pillar lines by a vehicle with over height load than allowed.

29.4.Prior permission shall be obtained from the service provider in case of carrying out works at the communication protection strip area.

29.5.The entity carried out works at the communication protection strip area shall implement the measures to rehabilitate and restore the environment at own expenses.

CHAPTER EIGHT

CONTROL AND LIABILITIES

Article 30.Monitoring on the operation, maintenance and service of communications

30.1.The state inspector shall control the operation, maintenance, production function and implementation of technical and technological procedures.

30.2.The state inspector shall exercise the following powers, in addition to those specified in the Law on State Inspection:

30.2.1.to inspect the fulfillment of the legislation on communications and radio waves, issuance of licensing and its implementation;

30.2.2.to inspect the fulfillment of the technological procedures, determined standards, technical conditions and other requirements specified in this Law for the operation, maintenance, production of communications;

30.2.3.to terminate the operation in case of the operation, maintenance, production of communications without a license and usage of radio frequency without registration.

30.3.The State Central Administrative body in charge of communication matters may have a state communication inspector.

/This paragraph was amended by the Law as of November 12, 2021/

/This paragraph was added by the Law as of May 30, 2019/

30.4.A state inspector to work at the Regulatory Commission and the State Central Administrative body in charge of communication matters shall be entitled to the rights in accordance with Article 10.4 of the Law on State Inspection.

/This paragraph was amended by the Law as of November 12, 2021/

/This paragraph was added by the Law as of May 30, 2019/

Article 301.Audit of information and communication technology

/This article was added by the Law as of May 30, 2019/

301.1.The audit of Information and communication technology shall be performed by legal entity authorized by the State Central Administrative body in charge of communication matters.

/This paragraph was amended by the Law as of November 12, 2021/

/This paragraph was amended by the Law as December 17, 2021/

301.2.The requirements for legal entities to conduct information and communication technology audit, procedures for authorization, and methods for conducting information and communication technology audit shall be approved by the Head of the State Central Administrative body in charge of communication matters.

/This paragraph was amended by the Law as December 17, 2021/

/This paragraph was amended by the Law as of November 12, 2021/

301.3.The list of administrative body to be audited for information and communication technology shall be approved by the Government.

301.4.A body included in the list specified in Article 301.3 of this Law shall conduct information and communication technology audit every two years, submit a report on the implementation of relevant conclusions and recommendations to the State Central Administrative body in charge of communication matters and keep the report open to the public.

/This paragraph was amended by the Law as of November 12, 2021/

301.5."Information and communication technology audit" shall mean an independent activity by an external party to determine and make conclusions and recommendations on whether the information and communication technology products and services, technical solutions, and projects and programs implemented in the field of information and communication technology being used in such organization support the achievement of the organization's strategic goals and meet the standards.

301.6.This article shall not apply to relations concerning the audit of the activities of the administrative body by the State Audit Organization.

Article 31.Settlement of disputes

31.1.In case of an existing arbitration agreement, the disputes between license holders or between license holder and customer shall be settled by arbitration.

31.2.Except as specified in Article 31.1 of this Law, the disputes between license holders or between license holder and customer shall be resolved by the Regulatory Commission and its sub-commission.

31.3.In case of not agreeing with the decision made by the authorized body or official specified in Article 31.2 of this Law, the license holder and customer are entitled to file a complaint to court within 30 days after receiving the decision.

/This paragraph was amended by the Law as of May 30, 2019/

/This article was modified by the Law as of January 26, 2017/

Article 32.Liabilities for violation of law

32.1.In case of actions of an official violating this Law are not criminal nature, he/she shall be subject to liability specified in the Law on Civil Service.

32.2.Person or legal entity that violates this Law shall be subject to liability specified in the Criminal Code or Law on Violations.

/This article was modified by the Law as of December 04, 2015/

Article 33.Compensation for damages

33.1.Damages caused to others due to the violation of the legislation on communications shall be compensated by the guilty person in accordance with the legislation.

THE CHAIRMAN OF STATE GREAT KHURAL OF MONGOLIA TUMUR-OCHIR.S