Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

NGOs charge JSC "Kazakhteleradio" with anti-constitutional actions

19 december 2012
December 19, 2012

Three Kazakhstan's NGOs – National Association of Television and Radio Broadcasters of kazakhstan, International Foundation for Protection of Freedom of Speech "Adil Soz" and Internews – Kazakhstan issued an appeal, related to anti-constitutional actions of joint-stock company "Kazakhteleradio":

To:


President of the Republic of Kazakhstan


N. A. Nazarbayev


Prime Minister of the Republic of Kazakhstan


S. N. Akhmetov


Public Prosecutor of the Republic of Kazakhstan


A. K. Daulbayev


Chairman of Commitee of Social and Cultural Development of Majilis of Parliament of the Republic of Kazakhstan


D. N. Nazarbayeva


Chairman of National Economic Chamber "Souyz Atameken"


A. I. Myrzakhmetov


Chairman of the Agency of the Republic of Kazakhstan for Competition Protection


G.R. Abdrakhimov


Appeal


on the occasion of anti-constitutional acrions of joint-stock company "Kazakhteleradio"


The state has contributed 52 milliards tenge for transfer of television and radio broadcasting of the country to digital format. It promised to Kazakhstan's people to improve the quality of picture, access to national television channels in the most remote areas of Kazakhstan. As a result of it, United Kazakhstan's Information Space will be established.

But, on December 04, 2012 screens of television sets in houses of inhabitants of Karaganda were gone out. The joint-stock company"Kazakhteleradio" in five towns of Kazakhstan, they were connected to digital on-air broadcasting, it put ino operation of codage of conditional access system of all free of charge television channels of free access, including the state ones.

The network of digital, on-air broafcasting of Kazakhstan (in particular, it was declared as open and generally available) had been close. The same situation will take a place in Kazakhstan in the future.

The joint-stock company (in particular, the state has 100% of shares of joint-stock company "Kazakhteleradio"), it shall construct the digital on-air and satellite communication in the interests of society. Except for, multibillion funds, joint-stock company "Kazakhteleradio" has received the full carte blanche in the status of national operator of television and radio broadcasting and right to non-competitive receiving of digital frequencies. However, it empowered that the population, low-incom citizens and vulnerable social groups should buy the additional equipment for their television sets solely under authorized dealers of joint-stock "Kazakhteleradio" (in particular, it has a high price from device for decoding process of conditional access system). Entrepreneurs, who supplied qualitative, inexpensive attachments, they received certificates of conformity, sustained losses, because television viewers returned the purchased goods after that when screens of television sets were gone out on December 04, 2012.

It is generally known that the coding of signal is made only for pay satellite and cable television. The terrestrial television is sociable and accessible type of television and it should be received to some receiving equipment. The joint-stock company "Kazakhteleradio" makes coding of terrestrial signal, it contravenes to course of Kazakhstan, related to creation of the universal open network of digital television, it has a task to provide access for all Kazakhstan's people to Kazakhstan's television programs; it violates constitutional right of citizens to free receipt and dissemination of information.

The public focused on risks and threats of monopoly position of JSC "Kazakhteleradio" on the market. In May, 2012 public organizations have sent an appeal to government of the Republic of Kazakhstan; they requested to decline tender (in particular, JSC "Kazakhteleradio" declared it), related to purchase of conditional access system. There was no either response on it. It is quite clear that joint-stock company"Kazakhteleradio" performs itc commercial project with the help of taxpayers, related to establishment of close coded network of television and radio broadcasting, tied to receiving equipment of authorized companies. It is done under the shelter of transfer to digital broadcasting.

So, monopolizing the market of television and radio broadcasting, joint-stock company "Kazakhteleradio" violates constitutional rights of citizens to access to information and interferes to appearance of alternative operators of on-air broadcasting and alternative suppliers of receiving equipment.

We ask:

1. To cansel a decision of introduction of conditional access system in the terrestrial digital network as anti-constitutional;

2. To provide maximal transparency and accountability for society and population, Commission of Development of Television and Radio Broadcasting under Government of the Republic of Kazakhstan, related to each step of JSC "Kazakhteleradio" during process of transfer to digital broadcasting;

3. To take under control of activity of JSC "Kazakhteleradio" as monopolist in the sphere of television and radio broadcasting;

4. Promulgate the clear step-by-step plan of transfer to digital broadcasting with explanation of planned technical decisions and budget;

5. The Committee of Social and Cultural Development of Majilis of Parliament of the Republic of Kazakhstan should make deputy inquiry, subjected to promulgation of order; it was a basis for introduction of conditional access system to terrestrial television broadcasting; hold regular public hearings, related to activity of JSC "Kazakhteleradio".

6. Ministry of Culture and Information of the Republic of Kazakhstan shall provide a wide choice of digital attachments which are at a reasonable price of national and foreign production.

National Association of Television and Radio Broadcasting of Kazakhstan Sholpan Zhaksybayeva.

International Foundation for Protection of Freedom of Speech "Adil Soz" Tamara Kaleyeva

Internews Kazakhstan Marzhan Elshibayeva

If you agree with this appeal and ready to support it, please send your signatures with your surname, name, patronymic and position to e-mail: nat@natkaz.kz ,info@adilsoz.kz , Marzhan@internews.kz or by fax +7 (727) 279 20 08.
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