The Regulation on Electronic Communication Infrastructure and Information System (the “Regulation”) has been published in Official Gazette dated July 13, 2016 and numbered 29769. The Regulation stipulates the procedures and principles of the determination and audit of the minimal requisites relating to Electronic Communication Infrastructure Information System (the “ECIIS”) and facilities of electronic communication infrastructure.
According to the regulation, operators are obliged to record the information relating to electronic communication infrastructures, networks and services to ECIIS database in accordance with the procedures and principles stipulated by Information and Communication Technologies Authority (the “Authority”) and to verify and update aforementioned information. The Authority is authorized to examine or monitor the accuracy of the information directly or upon complaint. The regulation also stipulates sanctions and administrative fines regarding the violations hereof.
Regulation on Commercial Communication and Commercial Electronic Messages (published in the Official Gazette dated July 15, 2015 and numbered 29417) has been issued by the Ministry of Customs and Trade. This Regulation covers the terms and conditions regarding the obligation to provide information about commercial communication by electronic communication devices and restrictions on commercial electronic messages. As per the Regulation, all real and legal persons operating electronic commercial (“Service Providers”) must receive an approval before sending the commercial electronic messages for advertising, marketing goods and services, advertising the company or celebration and wishes to increase reputation. The approval is effective until the use of the right to reject. Receiving commercial electronic messages may be rejected by persons without giving any reason. Service Providers must indicate that receivers of such commercial electronic messages may be rejected any time. Rejecting receiving such commercial electronic messages should not bear any burden on the people and should be free.
A new Communiqué on the implementation of Annex 4 of the Regulation on Electronic Communication Service Quality was on March 17, 2012. This Communiqué aims to regulate call centre services by specifying the rules and procedures regarding the assessment and the supervision of service quality and the determination of target values.
The Communiqué on the Service Quality Regarding Internet Service Provider Management was enacted on February 17, 2012, introducing principles and procedures with respect to the measurement of service quality by internet service providers, excluding mobile communication service providers.
The Information and Communication Technologies Authority (“BTK”) issued a decision on December 6, 2011 and numbered 2011/DK-08/627, resolving to obtain the opinion of the operator companies holding IMT-2000/UMTS licenses with respect to the issue of reporting separately the investment payments on IMT-2000/UMTS networks and investment payments on GSM networks. Furthermore, the BTK also regulates in its decision the forms of the investment payments and defines the “Main Supplier” as companies having a research and development centre in Turkey which shall undertake at least 40% of the hardware and software investments of IMT-2000/UMTS operator companies.
With a view to elaborate in detail regarding foreign and domestic shareholdings in more than one media service provider entity, the Regulation Regarding the Procedures and Essentials of Shareholding in More Than One Media Service Provider has been enacted by Radio and Television Supreme Authority (published in the Official Gazette dated December 16, 2011 and numbered 28144). In a nutshell, the Regulation sets out in detail the concepts of indirect and direct shareholding of foreign and domestic companies in the Turkish media service providers and determination of the annual total commercial communication revenue and total sector commercial communication revenues.
The Regulation Regarding Procedure and Principles of Broadcasting Services (published in the Official Gazette dated November 2, 2011 and numbered 28103) has been enacted by the Radio and Television Supreme Council. The aim of this Regulation is to regulate the standards of broadcasting services provided by the media service suppliers. Such standards include advertisement conditions, protection of the youth from harmful programmes and mandatory programs for broadcasting, etc.
The Regulation on Internet Domain Names (published in the Official Gazette dated 7 November 2010 and numbered 27753) will become effective upon the establishment of the Turkish Network Information System (“TRABIS”). The regulation provides principles and procedures applicable regarding the management of internet domain names with a “.tr” extension. The Regulation is based on Articles 5, 34 and 35 of the Law on Electronic Communications (Law No: 5809). According to Article 4 of the Regulation, quantitative and qualitative continuity, non-discrimination, efficiency, objectivity, proportionality, transparency, effective use of resources and independent technology, the protection of consumer rights, provision and protection of free and efficient competition environment will be observed regarding the application of the regulation. Also, as per the Regulation, real persons and legal entities will not be obliged to buy any services other than those requested by the service providers.
The Regulation on Amendments to the Communiqué Regarding Radio and Television High Council Satellite Broadcasting License and Permits was published in the Official Gazette on 16 October 2010. As per the amendment, if broadcasting companies with licenses for broadcasting via terrestrial transmitters and companies with cable broadcasting licenses and permits, use satellites for their broadcasts, these companies shall also be obliged to obtain licenses and permits for satellite broadcasting. However, if such broadcasts are transmitted in an encoded manner ensuring that they may not be received by subscribers receiving broadcasts directly from the satellite, they shall not be obliged to obtain satellite broadcasting licenses and permits.
The Regulation Regarding Procedures and Principles of Coded or Encrypted Communication to be Performed by Public Corporations and Institutions, Natural and Legal Entities within the Framework of Electronic Communication Services was published by the Information Technologies and Communications Authority (“BTK”) in the Official Gazette dated 23 October 2010 and numbered 27738 and repealed the Regulation Regarding Encrypted Wireless Systems. The Regulation covers procedures and principles to be applied to the work and processes to be performed regarding the manufacture of coded or encrypted communication systems within the framework of the electronic communication services of public corporations and institutions as well as natural and legal persons; and application principles to the system, evaluation, permit processes, safety measures and control, sanctions and principles regarding record keeping in accordance with Electronic Communications Law (Law No. 5809).