Last post by admin - January 09, 2010, 03:42:14 PM
Law on Provision of Universal Service and Amendments to Certain Laws
Law No. 5369 Date of Adoption: June 16, 2005
CHAPTER ONE Purpose and Definitions Purpose ARTICLE 1.- The purpose of this Law is to lay down the rules and procedures to govern the provision and implementation, and fulfillment in the electronic communications sector, of the universal service which has the qualities of a public service, but is financially challenging for operators to provide. Definitions ARTICLE 2.- For the purposes of this law, 'the Ministry' means the Ministry of Transport, 'the Authority' means the Telecommunication Authority, 'Electronic communications' means transmission, emission and reception through cable, wireless, optical, electric, magnetic, electro magnetic, electro chemical, electro mechanic and other transmission systems of all kinds of signs, symbols, voice and images and all kinds of data which can be converted into electric signals, 'the universal service' means the electronic communications services, including access to Internet, which is accessible to anyone within the territory of Republic of Turkey regardless of the geographical position, and which is to be offered with a predefined level of quality and minimum standards in return for reasonable prices affordable to anybody, 'the incumbent universal service provider' means the operator incumbent and authorized to provide the services hereunder in accordance with the authorization and concession agreements as well as licenses and general authorizations within the electronic communications sector, 'net cost of the universal service' means the net cost difference between the situation ensured by a given operator in order to fulfill the requirements of his obligation to provide universal service and the situation in which such operator would be if it never undertook the obligation, 'the operator' means a capital company providing electronic communications services and/or operating electronic communications infrastructure under an authorization agreement or a concession agreement concluded with, and/or a license or a general authorization obtained from, the Authority, CHAPTER TWO Principles, Obligations and Service Types Principles ARTICLE 3.- Provision of the universal service and regulations to be made in this regards shall consider the principles that: a) Anybody living in the territory of Republic of Turkey, without any discrimination on the basis of region and place of residence, shall avail himself/herself of the universal service. b) The universal service may be fulfilled also with consideration to the gross domestic product per capita and shall be offered at reasonable prices. c) Measures as to pricing and feasibility of technology options shall be taken with a view to ensuring that those with lower incomes, the disabled and the groups in need of social assistance can also benefit the universal service. d) The universal service shall be offered to predefined service quality standards. e) Continuity is essential to the provision and access to the universal service. The operator's obligation ARTICLE 4.- Operators shall have the obligation to provide the universal service specified herein. Concession and authorization agreements, or licenses and general authorizations may not include provisions contrary to the principles set out in Article 3 above, under whatever name. Scope of the universal service ARTICLE 5.- The universal service is inclusive of: a) Fixed telephony services, a) Payphone services, c) Telephone directory services to be provided in the printed or electronic media, d) Emergency calls services, e) Basic Internet services, f) Passenger transportation services for settlements to which maritime lines is the single option of access as well as communications services as regards distress and safety at sea. The scope of the universal service may be redefined by the Council of Ministers upon a proposal of the Ministry in consultation with the Authority and operators at certain intervals not more than three years, with due consideration being paid to country's social, cultural, economic and technologic conditions. CHAPTER THREE Universal Service Revenues and the Net Cost Universal service revenues ARTICLE 6. – a) The Authority shall declare to the Ministry 2 % of the authorization and concession agreement as well as license and general authorization amount by the end of the month following the date of authorization, b) Operators other than GSM operators, and Turk Telekom, shall declare to the Ministry 1 % of their annual net sales proceeds by the end of April of the following year, c) GSM operators shall declare to the Ministry 10 % of the share they are to pay the Treasury within the month of payment, d) The Authority shall declare to the Ministry 20 % of the administrative penalties it has applied under the Wireless Law No. 2813 dated 5.4.1983 and the Telegram and Telephone Law No. 406 dated 4.2.1924 by the end of the month following the month of collection, e) The Authority shall declare to the Ministry 20 % of the amount remaining after all expenditure is met at the end of the fiscal year by the end of January every year. This amount shall be transferred to the Ministry's Central Audit Office account within the same period of time and entered in the budget under "Universal service revenues" title. Contributions not paid within such period shall be pursued and collected in accordance with the provisions of the Law No. 6183 on the Procedure for the Collection of Public Receivables upon an application of the Ministry to be filed with the relevant tax office. Collections by tax offices shall be remitted to the Ministry's Audit Office account by the end of the ensuing month. Delay penalty shall be applied to outstanding contributions not paid within such period in consideration of the time between the due date and the date of payment, under Article 51 of the Law No. 6183. The Council of Ministers shall be free to raise or lower the abovementioned percentages by up to 20 %. Every year, appropriations as much as the universal service revenues estimate shall be appropriated to the Ministry budget to cover the net cost of the universal service incurred due to operators' obligation to provide the universal service and to meet other spending to be made under this Law. If the appropriation requirement for universal services is more than such service revenues estimate, then the adequate appropriations to the Ministry budget shall be envisaged. The appropriation made to this end shall exclusively be used for the Ministry's fulfillment of its duties entrusted through this Law. Rules and procedures to govern the collection of revenues and making of expenditure for the universal service shall be set out in a regulation to be drafted jointly by the Ministry and the Ministry of Finance. Net cost of the universal service ARTICLE 7. – Net cost of the universal service shall be calculated on the basis of the difference between the net cost when the incumbent operator does not provide services within the scope of universal services and when it provides such service as an incumbent universal service provider. However, the calculation of the net cost of the universal service shall also take into consideration the benefits to be obtained by operators due to their incumbency to provide the universal service. This calculation to suggest the additional cost load brought about by the obligation to universal service shall be conducted on net costs. CHAPTER FOUR Provisional and Final Articles ARTICLE 8. – The following item (l) shall be incorporated in Article 2 of the Law No. 3348 on the Organization and Duties of the Ministry of Transport dated 9.4.1987: l) Formulating universal service policies under the applicable laws with due consideration to the country's social, cultural, economic and technologic circumstances; taking measures aimed at implementing the general policy of the Government; laying down the rules to ensure the conduct of the universal service; monitoring their implementation; and approving the calculations related to their net cost. ARTICLE 9. – Following items shall be annexed to the Law No. 3348 to follow item (g) of Article 13, and the former item (h) shall be changed as item (o). h) Setting out, and monitoring the implementation of, rules to ensure the conduct of the universal service to the legislative provisions pertinent to the provision of the universal service; and ensuring that operators' net costs are met, i) Selecting the incumbent universal service provider on the regional and national level from among operators requesting to provide services coming under the scope of the universal service, j) Making payments to incumbent universal service providers, k) Monitoring and auditing the incumbent operator to find the net cost of the universal service and whether it is within the set out rules and procedures or causing the same to be supervised by independent auditors, in which case expenses shall be met through universal service revenues, l) Prescribing rules and procedures to ensure that the people in need of social protection such as those with lower incomes and the disabled benefit the universal service on the basis of equality and impartiality and on affordable pricing terms. m) Designating temporary incumbent universal service providers, where required, in order that services are made available to high-cost areas including places distant to the center and rural areas under the terms and conditions to be established, n) Prescribing the method to be used for the calculation of net costs of operators incumbent to provide the universal service, ARTICLE 10. - Following item (n) shall be annexed to the Wireless Law No. 2813 dated 5.4.1983 to follow item (m) of Article 7, and the former item (n) shall be changed as item (o): n) Auditing the quality and standards of the universal service in accordance with the applicable laws; laying down the rules and procedures in regulations to this effect; and taking the appropriate measures, ARTICLE 11. – The last sentence of paragraph eight of Article 1 of the Telegram and Telephone Law No. 406 dated 4.2.1924, providing that "Turk Telekom shall be obliged to provide the minimum services required in the authorization agreements", and the definition of "Minimum service" included in the same article shall be taken out of the article text; the word "Minimum" in item (d) of paragraph one of the Article 4 shall be replaced by "universal"; item (a) of paragraph one of Article 29 shall be amended as "cases where Turk Telekom or another operator has to meet the cost of some services, which it is incumbent to provide, including the universal service, from the fees of other services"; and the following provisional article shall be annexed to this Law. Provisional Article 11. – From the readily available assets (including tangible assets) of Turk Telecommunications, Inc., an amount up to maximum YTL 2.5 billion, exclusive of YTL 350 million to remain with the Corporation as an amount in cash, excluding NATO and TAFICS projects advance payments, and of YTL 600 million to be deposited with the Internal Payments Office of the Undersecretariat of Treasury as a dividends advance payment until January 16, 2006 upon a dividends distribution resolution to be taken in the routine Plenary Session of 2005, which is to be deducted from the distributable profits, shall be transferred to the account of the Internal Payments Office of the Undersecretariat of Treasury by January 16, 2006 and be entered in chart (B) of the budget as an income item. Part of this amount to be entered in the budget as an income item, as foreseen in the Investment Program and the State-Owned Enterprises Investment and Financing Program, shall be established in a Higher Board of Planning decision, which amount is to be used by the Turkish State Railways Authority (TCDD) for the construction of new railways, maintenance, repair or improvement of a number of railway lines and supply of railway vehicles as well as investment projects and activities regarding drinking water supply for villages and village roads. However, if more than 51 % of the shares of the Turk Telecommunications, Inc. is privatized and transferred prior to January 16, 2006, the provisions of the paragraph one above regarding the transfer and income entries shall not be applied; and NATO and TAFICS project advance payments, YTL 350 million to remain with the Corporation as an amount in cash, and if YTL 600 million to be transferred to the Undersecretariat of Treasury as a dividends advance payment until January 16, 2006 is not transferred, the readily available assets apart from this amount shall be transferred, on the date of assignment of shares, to a separate account to be opened by the Corporation before the assignment of shares. The amount maintained with this account and any returns thereof (with taxes payable in connection with such returns deducted) shall be transferred to the account of the Internal Payments Office of the Undersecretariat of Treasury on January 16, 2006 and be entered in chart (B) of the budget as an income item. Part of this amount to be entered in the budget as an income item, as foreseen in the Investment Program and the State-Owned Enterprises Investment and Financing Program, to be used for investment projects and activities set out in paragraph one above, shall be established in a Higher Board of Planning decision. If more than 51 % of the shares of the Turk Telecommunications, Inc. is privatized and transferred after January 16, 2006, readily available assets of the Corporation exclusive of YTL 350 million to remain with the Corporation as an amount in cash and NATO and TAFICS project advance payments shall be transferred to the Internal Payments Office of the Undersecretariat of Treasury on the date of assignment of shares and entered in chart (B) of the budget as an income item. This amount to be transferred shall not be used in the abovementioned investment projects and activities. Furthermore, within one month of the entry into force of this article, an amount of YTL 100 million shall be transferred from Turk Telecommunications, Inc. to Turksat, Inc. as the capital share of the Treasury, in consideration of the capital requirement arising from Cable TV services transferred within the framework of Article 1 of the Law No. 5335 dated 21.4.2005. Amounts to be transferred under this article (save dividends advance payment) shall, first, be offset by legal contingency funds of Turk Telecommunications, Inc. set aside from past years' profits, and then by the inflation correction profits. Transfers to be made shall not be treated as profit distribution or decommissioning in view of Corporation Tax Law and Income Tax Law practices. Transfers under this article shall in no way be made a subject of discount in the determination of the Corporation Tax base and distributable commercial profits, in either the period of transfer or the ensuing taxation periods. Provisions for participation value drops, as may be observed in the value of the participations included in financial assets line of the assets in Turk Telecommunications, Inc.'s balance sheet, shall not be taken as expenditure in the calculation of the financial and commercial profit. With no regard to the activity year, such amounts shall be utilized, by deduction from, primarily, inflation correction profits, and they are not sufficient, from capital reserves as such reserves are created or by way of reducing the Corporation's capital without applying provisions of the Turkish Commercial Code. After transfers under this article are effected, no financial liability may be imposed upon the Corporation as regards such transactions. Papers to be issued due to cash amounts transferred under this article and any connected transactions shall be immune and exempt from any taxes, levies and charges. Rules and procedures for the implementation of this article shall be jointly laid down by the State Ministry to which the Undersecretariat of Treasury is attached and the Ministry of Finance. ARTICLE 12. – The staff positions in the annexed list (1) have been established, and appended to the Ministry of Transport section of the list (I) annexed to the Decree No. 190 on General Staffing and Pertinent Procedures. PROVISIONAL ARTICLE 1. – Regulatory provisions inconsistent with the principles laid down in Article 3, which are included in the existing concession and authorization agreements as well as licenses and general authorizations of the operators incumbent to provide the universal service specified in this Law, shall be harmonized with this Law within one year at the latest. Rules and procedures for the implementation of this article shall be set out by the Authority. PROVISIONAL ARTICLE 2. – Staff changes required in the year 2005 for the fulfillment of the duties assigned to the Ministry of Transport under this Law shall be made in accordance with the provisions of the said Decree, without applying the last paragraph of Article 9 of the Decree No. 190 on General Staffing and Pertinent Procedures. Entry into Force ARTICLE 13. – This Law shall enter into force on the date of its publication. Enforcement ARTICLE 14.—Provisions of this Law shall be enforced by the Council of Ministers.
Last post by admin - January 09, 2010, 03:38:17 PM
ELECTRONIC SIGNATURE LAW
Official Gazette no:25355 Published : 23/01/2004 Law no: 5070
SECTION ONE Purpose, Scope and Definitions Purpose Article 1 – The purpose of this Law is to define the principles for the legal and technical aspects and application of electronic signatures. Scope Article 2 – This Law covers the legal status of electronic signatures, operations concerning electronic signatures and the activities of Electronic Certificate Service Providers (ECSPs). Definitions Article 3 – The definitions and abbreviations used in this Regulation have the following meanings: a) Electronic Data: Information which are generated, transferred or stored in electronic, optical or similar methods, b) Electronic Signature: Data in electronic form that are attached to other electronic data or linked logically to that electronic data and used for authentication, c) Signature Owner: A natural person, who uses an electronic signature creation device in order to generate electronic signatures, d) Signature Creation Data: Unique data such as password and cryptographic keys belonging to a signature owner and being used by the signature owner in order to create electronic signatures, e) Signature Creation Device: Software or hardware products using the signature creation data in order to generate electronic signatures, f) Signature Verification Data: Data such as passwords and cryptographic public keys used for the verification of electronic signatures, g) Signature Verification Device: Software or hardware products using the signature verification data for verification of electronic signatures, h) Time-Stamping: An record signed electronically by the ECSP for the purpose of verification of the exact time of creation, alteration, sending, receiving and/or recording of an electronic data, i) Electronic Certificate: Electronic data binding the signature verification data of the signature owner to identity data of that person, j) Authority: Telecommunications Authority.
SECTION TWO Secure Electronic Signature and Certification Services PART ONE Secure Electronic Signature, Secure Electronic Signature Creation and Verification Devices Secure Electronic Signature Article 4- A Secure Electronic Signature shall be a signature that; a) is exclusively assigned to the Signature Owner, b) is generated with the Secure Electronic Signature Creation Device which is kept under the sole control of the signature owner, c) enables the identification of the Signature Owner based on the Qualified Electronic Certificate, d) enables detection as to whether signed electronic data has or has not been altered or not subsequent to the signature being applied. Legal Effect and Area of Application of Secure Electronic Signature Article 5- A secure electronic signature shall have the same legal effect as that of a handwritten signature. A secure electronic signature shall not be applicable to legal proceedings subject to a special procedure or an official form pursuant to laws and warranty contracts. Secure Electronic Signature Creation Devices Article 6- Secure Electronic Signature Creation Devices are Signature Creation Devices which ensure that; a) Electronic Signature Creation Data produced by those devices are unique, b) Electronic Signature Creation Data recorded in those devices cannot be derived in any means and that their secrecy is assured, c) Electronic Signature Creation Data recorded in those devices cannot be obtained or used by third parties and that electronic signatures are protected against forgery, d) The data to be signed cannot be altered by anyone except the signature owner and can be seen by the signature owner before the generation of a signature. Secure Electronic Signature Verification Device Article 7- Secure Electronic Signature Verification Devices are Signature Verification Devices which; a) display without any alteration the data used for verification of the signature to the person who makes verification, b) manage the signature verification process in a reliable and accurate way, and display the results of verification without any alteration to the person who makes verification, c) ensure that signed data is displayed in reliable manner when necessary, d) display without any alteration its results to the person who makes verification establishing in a reliable manner the authenticity and validity of the electronic certificate used for the verification of the signature, e) display without any alteration the identity of the signature owner to the person who makes verification, f) ensure the detection of any alterations that effect the conditions relevant to the verification of the signature. PART TWO Electronic Certificate Service Provider, Qualified Electronic Certificate and Foreign Electronic Certificates Electronic Certificate Service Provider Article 8 – For the purposes of this act, Electronic Certificate Service Providers shall be public entities or establishments or natural persons or private law legal entities that provide qualified electronic certificates, time-stamping and other services related to qualified electronic signatures. Electronic Certificate Service Providers shall commence its operations within a period of two months from the date of notification. Electronic certificate service providers shall show in detail in their notification that they ensure the provisions related to; a) Using secure products and systems, b) Managing operations in a reliable way, c) Taking all necessary measures in order to avoid certificates being copied or distorted. If the Authority determines the incompleteness or infringement of any of the above terms, the Authority shall grant a period of up to a month to the Electronic Certificate Service Provider in order to remedy this incompleteness; during this period the Authority shall suspend the operations of electronic certificate service provider. At the end of the period, in the event that the incompleteness is not remedied, the operations of the electronic certificate service provider shall be terminated. An objection may be raised against such decisions of the Authority pursuant to the provisions in paragraph 2 of Article 19. Should Electronic Certificate Service Providers fail to comply with the provisions mentioned in this article during their operations, the provisions of above paragraph shall be applied. Electronic Certificate Service Providers shall comply with such lower and upper fee limits to be determined by the Authority.
Qualified Electronic Certificate Article 9 – It is required that Qualified Electronic Certificates shall include the following; a) an indication that the certificate is a "qualified electronic certificate", b) the identity information of the Electronic Certificate Service Provider and the country in which it is established, c) the identity information by which the Signature Owner can be identified, d) Signature-Verification Data which correspond to Signature-Creation Data, e) the date of the beginning and the end of the validity period of the certificate, f) serial number of the certificate, g) the information regarding the authorization of the certificate holder if the holder acts on behalf of another person, h) when the certificate holder so requests, occupational and other personal information, i) information related to conditions of the usage of the certificate and limits on the value of transactions, when applicable, j) the Secure Electronic Signature of the electronic certificate service provider that verifies the information in the certificate. Electronic Certificate Service Provider Liabilities Article 10 – Electronic Certificate Service Providers shall be liable for; a) Employing personnel qualified for the services provided, b) Determining reliably, based on official documents, the identity of the person to whom a Qualified Electronic Certificate is issued, c) Determining reliably, based on official documents, any information relating to the Qualified Electronic Certificate holder's authorization of acting on behalf of anyone, or any occupational or other personal information which is to be contained in the certificate, d) Providing confidentiality of operation in cases where the Electronic Certificate Service Provider generates Signature Creation Data or the applicant generates it on the premises of the Electronic Certificate Service Provider or provide confidentiality of process when the signature creation data are generated by tools provided by the Electronic Certificate Service Provider, e) Informing the applicant in writing, before delivering the certificate to them, that a qualified electronic signature has the same legal effect in transactions as a handwritten signature unless otherwise specified by laws, and about the limitations concerning the use of certificates and dispute resolution procedures, f) Warning and informing the certificate holder in written form to not allow third parties to use Signature Creation Data associated with Signature Verification Data in the certificate, g) Keeping all records regarding the services provided for the period determined in ordinance, h) Informing the electronic certificate holder and the Authority at least 3 months prior to the termination of operations. Electronic Certificate Service Providers shall not store or keep a copy of generated signature creation data. Revocation of Qualified Electronic Certificates Article 11 –Electronic Certificate Service Providers shall immediately revoke the qualified electronic certificates upon; a) the request of the certificate holder, b) the detection of any forgery or falsification of the information existing in the database or changes in such information, c) the detection of the disability to act, bankruptcy or legally accepted disappearance or death of the certificate holder. Electronic Certificate Service Providers shall create a record including the date and time when a certificate was revoked and which can be determined precisely and available by third parties in a secure and prompt way. Electronic Certificate Service Providers shall immediately revoke all qualified certificates they have issued in the case of terminating their operations and in case the usage of certificates can not be available by any operating electronic certificate service provider. In the event that the Authority terminates the operations of electronic certificate service provider, the Authority shall decide to transfer the qualified electronic certificates generated by the regarding electronic certificate service provider to another electronic certificate service provider and shall notify it to relevant parties. Electronic Certificate Service Providers shall not retroactively revoke qualified electronic certificates. Protection of Personal Data Article 12 – Electronic Certificate Service Providers; a) shall not request any information from the applicant except that necessary to issue an electronic certificate and shall not acquire such information without the consent of the applicant, b) shall not keep the certificates available in public places where third parties may have access without the consent of the electronic certificate holder, c) shall prevent third parties from obtaining the personal data without the written consent of the applicant. Electronic Certificate Service Providers shall not pass the related information to third parties and use such information for any other purposes without the consent of the certificate holder. Legal Liability Article 13- Liabilities of Electronic Certificate Service Providers towards certificate holders shall be subject to general provisions of Turkish law. Electronic Certificate Service Providers shall be liable for compensation for damages suffered by third parties as a result of infringing the provisions of this Law or the ordinances published in accordance with this Law. Liability of compensation shall not occur if the Electronic Certificate Service Provider proves the absence of negligence. Electronic Certificate Service Providers shall be liable for damages arising from infringements made by their employees. Electronic Certificate Service Providers shall not be relieved of this liability by submitting any proof of evidence as described in Article 55 of the Turkish Code of Obligations. Any requirements limiting or removing the liability of Electronic Certificate Service Provider against certificate holders and third parties are invalid, excluding the stated limitations of the usage and value of the Qualified Electronic Certificates. Electronic Certificate Service Providers must take out "certificate financial liability insurance" in order to cover the damages incurred upon the failure in fulfilling the liabilities required by this Law. Principles and procedures of this Regulation are determined by the ordinance prepared by the Authority taking advice of the Undersecretary of the Treasury. Certificate financial liability insurance foreseen in this article is provided by insurance companies authorized in this branch. These insurance companies shall be liable for providing certificate financial liability insurance. The insurance companies that infringe regarding liabilities may be fined up to eight billion TRL by the Undersecretary of the Treasury. The provisions of Article 18 address procedures for the collection of and appeals against this fine. Electronic Certificate Service Providers shall be obliged to deliver electronic certificates to the signature owners after taking out certificate insurance. Foreign Electronic Certificates Article 14 –The legal effects of electronic certificates issued by any Electronic Certificate Service Provider established in a foreign country shall be recognized under international agreements. In case that electronic certificates issued by any Electronic Certificate Service Provider established in a foreign country are recognized by an Electronic Certificate Service Provider established in Turkey, such electronic certificates are deemed to be Qualified Electronic Certificates. The Electronic Certificate Service Provider established in Turkey shall be liable for any damages arising from use of those electronic certificates. SECTION THREE Inspection and Penalty Provisions Inspection Article 15 – The inspection of Electronic Certificate Service Providers' operations and transactions regarding the implementation of this Law shall be fulfilled by the Authority. The Authority, as it considers necessary, may inspect Electronic Certificate Service Providers. During inspection, Electronic Certificate Service Providers and relevant individuals shall present all notebooks, documents and records and provide samples, written and oral information to the Authority's inspectors, permit the inspectors to enter their premises and enable them to access their accounts and transactions.
Use of Signature Creation Data without Consent Article 16 – A person who obtains, delivers, copies or recreates the signature creation device or data in order to create electronic signatures without the consent of the certificate holder shall be sentenced from 1 year to 3 years and fined a minimum of 500 million TRL (Turkish Lira). In the case where crimes mentioned in the above paragraph are committed by the employees of an Electronic Certificate Service Provider, these penalties shall be scaled up by 50 percent. Any damages arising from the crimes mentioned in this article shall be compensated separately. Forgery in Electronic Certificates Article 17 – A person who partly or fully generates electronic certificates, or falsify or copies electronic certificates generated as in valid, generates electronic certificates without authorisation or knowingly uses such electronic certificates shall be sentenced from 2 years to 5 years and fined a minimum of one billion TRL (Turkish Lira), even if their deeds become another crime. If the crimes mentioned above are committed by the employees of an Electronic Certificate Service Provider, these penalties shall be scaled up by 50 percent. Any damages arising from the crimes mentioned in this article shall be compensated separately. Administrative Fines Article 18 – Within this law: a) An electronic certificate service provider who breaches Article 10 shall be fined 10 billion TRL, b) An electronic certificate service provider who breaches Article 11 shall be fined 8 billion TRL, c) A person who breaches Article 12 shall be fined 10 billion TRL, d) An electronic certificate service provider who breaches the paragraph 5 and paragraph 7 of Article 13 shall be fined for 8 billion TRL, e) An Electronic Certificate Service Provider who breaches Article 15 shall be fined 20 billion TRL The administrative fines in this Law are determined by the Authority. Decisions about fines shall be notified to the persons concerned pursuant to The Notification Law number 7201. Any appeals against these decisions may be made to the competent administrative court within a period of 7 working days starting from the date of notification. An appeal shall not nullify the fulfilment of the decision. An appeal shall not nullify the fulfilment of the decision regarding the closure. An appeal, when it is not necessary, shall be concluded by making analysis over the documents as soon as possible. It is possible to apply to the Regional Administrative Court against the decisions that are taken regarding the appeal. The decisions of the Regional Administrative Court will be the final decree. The administrative fines imposed pursuant to this Law by the Authority shall be collected by the Ministry of Finance pursuant to the provisions of the Law about Procedures Collecting Public Receivables.
Repetition of Administrative Crimes and Closure Article 19 – If any crimes described in Article 18 of this Law are repeated within a period of 3 years from the date of the first instance, administrative fines are doubled, and in should the same crime be committed for a third time, the Authority may decide to close Electronic Certificate Service Provider concerned. Any decision regarding closure shall be notified to relevant individuals pursuant to Notification Law No. 7201. Any appeal against such a decision may be made to the competent administrative court within a period of 7 working days from the date of notification. An appeal shall not nullify the fulfilment of the decision. An appeal shall not nullify the fulfilment of the decision regarding the closure. An appeal, when it is not necessary, shall be concluded by making analysis over the documents as soon as possible. It may be applied to the Regional Administrative Court against the decisions that are taken regarding the objection. The decisions of the Regional Administrative Court will be the final decree. SECTION FOUR Miscellaneous Provisions Ordinance Article 20 – The procedures and the rules pertaining to the implementation of the Articles 6, 7, 8, 10, 11 and 14 of this Law shall be described in the ordinances to be published by the Authority within the period of six months from the execution date of this Law with the collaboration of all interested parties. Exemptions about Public Entities and Establishments Article 21 – The public entities and establishments providing certification services are exempted from the forth and the fifth paragraphs of Article 8, 15 and 19 of this Law. Article 22 - The following sentence has been added to the first paragraph of Article 14 of the Turkish Code of Obligations dated 22.04.1926 No. 818: "Secure electronic signature has the same effect as a handwritten signature" Article 23 - The following 295/A article has been added to Article 295 of the Turkish Code of Civil Procedure dated 19.6.1927 No. 1086: "Article 295/A – Electronic data that are generated with secure electronic signatures in accordance with procedures are equivalent to bill. These data are accepted positive evidence until the contrary is proved. Should any party deny the data generated by secure electronic signatures and alleged against him, Article 308 of this Law shall be imposed through comparison." Article 24 - The following Subclause (m) has been added to the first paragraph of Article 7 of the Turkish Radio Law dated 5.4.1983 No.2813 and therefore existing subclause (m) of the current Law has been succeeded as subclause (n): "m) undertaking the duties assigned by the Electronic Signatures Law" Entry into Force Unofficial Translation of Turkish Electronic Signature Ordinance by Telecommunications Authority Important Notice: In case of divergent interpretation, the original Turkish text shall prevail. Article 25 – This Law shall enter into force six months after the date of its publication. Execution Article 26 - The provisions of this Law are executed by the Council of Ministers.
Last post by admin - January 09, 2010, 03:23:19 PM
REGULATION ON THE PROCEDURES AND PRINCIPLES WITH REGARD TO THE INSPECTION ACTIVITIES OF THE TELECOMMUNICATIONS AUTHORITY
Official Gazette date: 30/03/2007 Official Gazette number: 26478
CHAPTER ONE Purpose and Scope, Legal Basis, Definitions and Principles
Purpose and scope Article 1 – (1) The purpose of this regulation is to determine the procedures and principles with regard to the inspection activities of the Telecommunications Authority. (2) This regulation comprises the duties and responsibilities of relevant units and the inspector as well as the obligations of the party subject to inspection.
Legal basis Article 2 – (1) This regulation is prepared on the basis of the Law on Telegraph and Telephone dated 4/2/1924 and numbered 406 and the Law on Radio dated 5/4/1983 and numbered 2813.
Definitions Article 3 – The terms used in this regulation shall convey the following meanings. a)Inspector: Person/persons tasked with inspection the natural persons or legal entities that are subject to the inspection of the authority in accordance with the provisions of relevant legislation. b)Inspection: The sum of activities comprised of the examination, preliminary search and/or investigation processes for the purposes of determining the compliance of the activities and practices of the inspected party with the provisions of the relevant legislation. c)Inspection coordination unit: The main service unit of the authority supervised by the Vice President of Authority and designated by the Board for the purposes of conducting the coordination activities related to the inspection activities of the authority, d)The party subject to inspection: Natural persons or legal entities including the Electronic Certificate Service Providers, which are subject to the inspection of the authority. e)Relevant unit: Main service units and regional directorates of the Authority, which are directly related to inspection. f)Board: Telecommunications Board. g)Director of the Board: Director of the Telecommunications Board. h)Authority: Telecommunications Authority. i)Proposal: Preparatory process constituting the basis for the Board to take decisions.
Principles of inspection Article 4 – (1) Following principles shall be taken into consideration in order to carry out an effective inspection. a)To treat with fair and indiscrimination during the inspection activities, b)To ensure the confidentiality of information and documents obtained during the inspection activities, to avoid disclosure of such information and documents except to the bodies authorized by law and to avoid exploitation for personal uses. c)To be impartial in the course of inspection, evaluation of results and drafting of the inspection report. d)To prevent any intervention from inside or outside the Authority, which may influence honesty and impartiality, e)To treat with care and attention at every stage of the inspection activity, f)To comply with the generally accepted principles of inspection besides those regulated with this regulation.
CHAPTER TWO Rights and Obligations
Obligations of the party subject to inspection Article 5 – (1) The party subject to inspection shall be obliged: a)To provide a suitable and convenient working environment and to provide comfort for the inspector, b) To ensure the timely provision of any requested administrative, financial and technical information and document in written or verbal form without alleging the provisions of confidentiality, c)To provide the inspector with access to management facilities, buildings, attachments, systems, devices, software and hardware, d)To provide the infrastructure necessary for the inspection and to keep such infrastructure operable, e)To remove the defects determined at the end of the inspection within the time limits determined by the Authority.
Powers of the inspector Article 6 – (1) When required to do so, the inspector shall be empowered; a)To request, examine and take the original copy and/or copies of any kind of document and record including the electronic data, b)To enter into and carry out inspections in management facilities, buildings and their attachments, c)To demand verbal and/or written information with regard to the inspection and to draft relevant reports, d)To request the assistance of governmental bodies and security forces as well as other public institutions and organizations, e)To take views and opinions from the internal units of the Authority, public institutions and organizations as well as natural persons or legal entities with regard to the inspection.
Obligations of the inspector Article 7 – (1) The inspector shall be obliged; a)Before starting the inspection, to introduce him/herself to the inspected party with an assignment letter and/or identity document proving that he/she is authorized to conduct such inspection on behalf of the authority, b)To maintain the books, documents and samples received and if necessary, to return them at the end of the inspection, c)To avoid drawbacks, additions or amendments on such books, documents and records except those signs required for inspection purposes, d)To avoid attitudes and behaviors in the place of inspection, which may have harmful affects on the principles of esteem and trust required for his/her duty and responsibility, e)To avoid borrowing from and/or lending to the inspected party and to avoid unfair benefit regardless of whatever the purpose is, f)To avoid disclosing the confidential information and commercial secrets obtained during the inspection to anyone except to those legally authorized and to avoid using such confidential information and secrets indirectly for personal benefits or for the benefit of third parties, g)To inform the relevant unit immediately before finalizing the inspection if he/she determines any matter during the inspection that are so crucial as to have negative impact on the ongoing market activities, h)To avoid interfering with the management and executive activities of the party being inspected.
Obligations of relevant units in respect of the inspection Article 8 – (1) The relevant unit shall be obliged to draft annual inspection plans and submit proposals with regard to the inspection activities falling into the scope of its duties and responsibilities, to assign inspectors, to make the necessary coordination, to complete the approval procedures for the decisions and reports of the inspector and to implement the consequential sanctions and measures.
Inspection coordination unit Article 9 – (1) One of the main service units of the authority shall be assigned as the inspection coordination unit that is supervised by the Vice President of Authority and designated by the Board for the purposes of conducting the coordination activities related to the inspection activities of the Athority.
CHAPTER THREE Procedures and principles of the inspection
Inspection process Article 10 – (1) Inspection process is comprised of examination, preliminary search and/or investigation stages. (2) The Authority may conduct inspection automatically or upon any information or complaint it receives or may have other bodies to inspection unless otherwise stipulated by the legislation concerned. (3) The relevant unit may not process those information or complaints that do not bear any address, name or signature. (4) Inspection activities shall be carried out by the personnel appointed by the relevant unit and when necessary, other personnel of the authority out of the relevant unit may be appointed with the approval of the President of Authority. (5) The inspector shall inform, during any stage of the inspection, the relevant unit about the matters that do not fall into the scope of his/her duty and that may contradict with the legislation. (6) Correspondence to be made by the inspector shall be made through the relevant unit.
Examination Article 11 – (1) The inspector shall make examination on files or on site in order to determine whether the activities subject to inspection are in compliance with the relevant legislation and shall, if necessary, draft an analysis report. (2) In case that the activities of the inspected party are found out, at the end of the inspection, to be contradictory with the provisions of the relevant legislation which do not require preliminary search and/or investigation, the supervisor of the relevant unit and the relevant Vice President of the Authority shall submit to the Board the examination file together with their opinions, if any. However, the conditions requiring the implementation of administrative sanctions and measures without the decision of the Board are reserved in the relevant legislation. (3) Upon examining the files, the Board shall give its decision in accordance with the provisions of the relevant legislation.
Preliminary search Article 12 – (1) The Board may decide automatically, upon the request of the relevant unit, complaint or notification, that a preliminary search should be made as to whether it is necessary to commence a direct investigation or investigation about the party inspected. (2) In case that a preliminary search is decided, the Board shall task the relevant unit to carry out the required preliminary search. (3) The inspector appointed by the relevant unit shall draft a preliminary search report within two months as of the date of his appointment. Supervisor of the relevant unit and the relevant Vice President of the Authority shall submit to the Board the preliminary search report together with their opinions, if any. Upon the request of the inspector, the Board may, only once, give thirty-day additional time. (4) President of Board shall give priority to the preliminary search report in the agenda and the Board shall decide within ten days as of the delivery date of the report about whether an investigation shall commence or not.
Investigation Article 13 – In case that the Board decides on the commencement of an investigation at the end of the preliminary search report or directly, then it shall task the relevant unit for investigation purposes. The inspector appointed by the relevant unit shall notify the inspected party of such decision of the Board within a week as of his/her appointment. The inspector shall complete the investigation report not later than three months as of his/her appointment. The Board may give additional three months upon the request of the inspector. (2) If a contradiction with the provisions of relevant legislation is identified in the investigation report, a copy of the report shall be notified to the inspected party under investigation within a week and shall be provided with additional three months for written defense. Any defense not submitted on time shall be disregarded. With regard to the written defense of the inspected party under investigation notified to the authority within the relevant time limit, the inspector tasked with investigation shall draft his/her additional views and opinions within fifteen days. (3) The supervisor of the relevant unit and the relevant Vice President of the Athority shall submit to the Board the investigation report and investigation file comprised of written defense of the concerning party and additional views of the inspector together with their opinions, if any. (4) President of the Board shall give priority to the investigation file in the Board's agenda. Upon examining the investigation report, the Board shall give its decision in accordance with the provisions of the legislation concerned.
Notification and announcement of the Board's decision Article 14 – (1) Each page of the Board's decision shall be signed by the President and members of the Board. The members opposing the decision shall submit their opposing views and reasons thereof no later than fifteen days as of the decision date and sign the relevant report. An approved copy of the decision shall be notified to the inspected party under investigation. (2) Decisions to be announced in public deemed necessary by the Board shall be announced on the web site of the Authority as not to disclose the commercial secrets of the party concerned.
CHAPTER FOUR Miscellaneous and Final Provisions
Implementation of administrative sanctions and measures Article 15 – (1) In case that the party inspected does not fulfill its obligations under this regulation or the activities of the inspected party are found out, at the end of the inspection, to be contradictory with the provisions of the relevant legislation, then the sanctions and measures stipulated by the provisions of the relevant legislation shall be implemented by the relevant units.
Lodging an application to judicial and administrative bodies Article 16 – In case that the information or document obtained at any stage of the inspection are determined to be contradictory with the provisions of the relevant legislation, a decision may be taken toward lodging an application to any judicial and administrative body including lawsuits. Such decisions shall be notified to relevant authorities immediately.
Directive Article 17 – (1) A directive shall be issued by the Authority in order to identify the procedures and principles of guiding the relevant units as well as the inspector, preparing, implementing and reporting the inspection plans as well as the working procedures and principles of Inspection Coordination Unit.
Entry into force Article 18 – (1) This regulation shall enter into force on the date of its publication.
Execution Article 19 – (1) President of the Telecommunications Board shall execute the provisions of this regulation.
Last post by admin - January 08, 2010, 04:02:52 PM
From Information and Communication Technologies Authority:
BY-LAW ON SPECTRUM MANAGEMENT Published: Official Gazette of 02 July 2009 and numbered 27276.
CHAPTER ONE Purpose, Scope, Legal Basis, and Definitions
Purpose Article 1- (1) The purpose of this by-law is to regulate the procedures and principles of management, allocation, assignment, national and international coordination and registration of frequencies assigned and withdrawal of the frequencies assigned and re-assignment if necessary for the efficient and effective usage of frequencies.
Scope Article 2- (1) This by-law shall cover, provided that the provisions of the relevant law regarding radio and television broadcasts are reserved, basic fundamentals and principles within spectrum management, procedures and principles regarding preparation of National Frequency Plan, assignment and national and international coordination and registration of frequencies, withdrawal of the frequencies assigned and re-assignment.
Legal Basis Article 3- The present Regulation is prepared under the Clause (g) of first paragraph of Article 6 and second paragraph of Article 40 of Electronic Communications Law no. 5809 dated 5/11/2008.
Definitions Article 4- (1) The terms in the present Regulation have the following meanings: a) EU: European Union, b) Channel bandwidth: Defined frequency band which also includes the guard band for the applications in adjacent bands or communication channel capacity, c) CEPT: European Conference of Postal and Telecommunications Administrations, ç) Allotment (Detailed frequency plan): Entry of a designated frequency channel in the National Frequency Plan for use by administrations for a terrestrial or space radiocommunication service countrywide or in specified geographical areas and under specified conditions in accordance with frequency allocation plan, d) Electronic communications: The transmission, exchange and reception of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems, e) Electronic communications infrastructure: All kinds of network components, relevant facilities and the supplementary elements including switching equipments, hardware and software, terminals and lines; over or by which the electronic communications is provided, f) Electronic communications network: Access and transmission systems network, by which the publicly available electronic communications services are provided, including switching equipments and transmission infrastructure which enable electronic communications between specific points, g) Interference: All kinds of broadcasting or electromagnetic effect which obstruct, interrupt or degrade the electronic communications operating in accordance with the provisions of relevant legislation, ğ) Frequency range: The frequency separation between two frequencies or the frequency separation, to which a radio equipment could be adjusted, h) Frequency band: The frequency bands defined in frequency plans, ı) Assignment: Authorization given by the Authority for a radio station to use a radio frequency or radio frequency channels and transmission power for a specified transmission duration under specified conditions in accordance with frequency allotment, i) Allocation (General frequency plan): Entry in the National Frequency Plan of a given frequency band for the purpose of its use by one or more terrestrial or space radiocommunication services or the radio astronomy service under specified conditions in accordance with the frequency plans prepared according to the frequency regions defined worldwide by ITU, j) GHz: Giga Hertz, k) Hz: Hertz, l) ICAO: International Civil Aviation Organization, m) IMO: International Maritime Organization, n) ITU: International Telecommunication Union, o) Operator: Any legal entity, which has the right to provide electronic communications services and/or to provide electronic communications network and to operate the infrastructure within the framework of authorization, ö) Permissible Interference: Electromagnetic interference predicted or permitted that could occur when radio systems compatible with technical regulations and assignment restrictions are used, p) Operator: Any legal entity, which has the right to provide electronic communications services and/or to provide electronic communications network and to operate the infrastructure within the framework of authorization, r) Channel spacing: The space between the central frequencies of adjacent channels, s) kHz: Kilo Hertz, ş) Law: Electronic Communications Law no. 5809 dated 5/11/2009, t) User: Any natural person or legal entity that uses electronic communications services disregarding whether he is a subscriber or not, u) Board: Information and Communication Technologies Board, ü) Authority: Information and Communication Technologies Authority, v) MHz: Mega Hertz, y) Radio and television broadcasting: Transmission of image and/or voice services via a terrestrial antenna, cable, satellite or other forms in coded or not coded form, aimed for reception by the public except from individual communication, z) Spectrum: The frequency range of electromagnetic waves which are utilized for electronic communications and whose frequency varies between 9 kHz-3000 GHz and in case of international regulations which also includes frequencies over 3000 GHz, aa) Permission for installation and use of radio: The permission issued by the Authority for radio equipment and systems to be installed and used under the scope of the Law, bb) Radio: Systems which do not have any physical linkage in between and which are utilized for transmitting and receiving or solely transmitting or receiving coded, uncoded or cryptographic sounds and images via electromagnetic waves, cc) Radio license: The license issued by the Authority for radio equipments and systems to be installed and used under the scope of the Law, dd) National registration: The entry of the assigned frequencies to the Authority's database following the notification of the beginning of the usage by the user , ee) International registration: The entry of the frequencies assigned to the database of the international administrations' to which the Authority is a representative, ff) Authorization: The registration of entities providing electronic communications services and/or electronic communications network by of the Authority or pursuant to such registration, granting of special, certain rights and obligations specific to electronic communications services to these entities, gg) Harmful electromagnetic interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service in terms of their operations.
CHAPTER TWO Basic Fundamentals and Principles in Spectrum Management
Basic Fundamentals and Principles Article 5 – (1) The Authority, in spectrum management, considers; a) Providing efficient competition and ensuring non-discrimination among operators in electronic communications sector, providing transparency, effective and efficient usage of spectrum, preventing radio broadcasts from constituting electromagnetic interference on each other, b) The strategies and policies set by the Ministry of Transport as well as the current and future needs of our country, c) The decisions of the international and regional organizations such as ITU, IMO, ICAO and CEPT, in electronic communications sector, bilateral and multilateral agreements and EU legislation, ç) Implementation of technological innovations and promoting research and development activities and investments, d) Giving priority to national security and public order requirements and emergency situations such as natural disasters and extraordinary situations. e) Preventing or minimizing the effects of harmful electromagnetic interference that may occur in the borders on the neighbouring countries when making frequency allocation and assignment and providing efficient and effective use of spectrum mutually.
CHAPTER THREE Preparation and Updating of National Frequency Plan, Frequency Assignment, Registration, Change, Coordination, Withdrawal of Frequencies Assigned and Cancelation
Preparation and Updating of National Frequency Plan Article 6 – (1) Frequency band allocated for electronic communication is from 9 kHz to 3000 GHz. In case of international regulation, frequency bands over 3000GHz could also be used for electronic communication. (2) In the National Frequency Plan, frequency band is divided into nine sub-bands as indicated in Table 1. Units of the frequencies in the interval of: a) 3-3000 kHz is indicated as kHz b) 3-3000 MHz is indicated as MHz c) 3-3000 GHz is indicated as GHz.
Table-1: Frequency Sub-bands Band No Symbol / Explanation Frequency Band (lower limit excluded, higher limit included) 4 VLF (Very low frequency) 3 – 30 kHz 5 LF (Low Frequency) 30 – 300 kHz 6 MF (Middle Frequency) 300 – 3000 kHz 7 HF (High Frequency) 3 – 30 MHz 8 VHF (Very High Frequency) 30 – 300 MHz 9 UHF (Ultra High Frequency) 300 – 3000 MHz 10 SHF (Super High Frequency) 3 – 30 GHz 11 EHF (Extra High Frequency) 30 – 300 GHz 12
300 – 3 000 GHz
(3) The National Frequency Plan is prepared under the fundamental basis and principles expressed in Article 5. National Frequency Plan consists of general and detailed frequency plan, frequency interval for projected systems, output power, authorization procedure, reference information and remarks. Technical terms and abbreviations used in spectrum management and in the National Frequency Plan concerning the wireless applications, wireless stations and systems, application terms, common usage of frequency and space applications are published with the National Frequency Plan. (4) In the National Frequency Plan, frequency bands which will be assigned to Turkish Armed Forces and bands which will be assigned to Radio and Television Supreme Council for broadcasters are indicated separately. (5) Terms and conditions regarding the National Frequency Plan and its implementations are announced via official web site of the Authority. In case of necessity, the announcement may be done via web sites of international and regional organizations of which Turkey is a member, such as ITU and CEPT.
Frequency Assignment Article 7- (1) Those that are willing to install and operate radio equipments or systems must have their frequency assignment and registration procedures approved by the Authority. However, for the frequencies which are indicated in the regulations of the Authority and that can be used without any permission of radio system installation and usage and without any radio licence, frequency assignment is not done. The radio equipments and systems to be used without a need for permission for installation and use and radio license, are used so as not to cause any electromagnetic interference on the radio equipments and systems of operators or users that are given authorisation by the Authority and the users of such equipments and systems must accept the electromagnetic interference caused by the radio systems using the assigned and registered frequencies. (2) Turkish Armed Forces including the needs of General Command of Gendarmerie and Coast Guard Command, Undersecretariat of the National Intelligence Organization, Ministry of Foreign Affairs, and Security General Directorate shall be given priority in frequency assignment as well as the emergency situations thereof. (3) Turkish Armed Forces and Radio and Television Supreme Board make and implement frequency planning in frequency bands allocated thereto, within the framework of the National Frequency Plan. (4) The channel plan in frequency assignments is made considering the decisions of international organizations such as ITU, IMO, ICAO, EU and CEPT. (5) The frequencies are assigned to the operators that are subject to authorization for not much than the duration stated in certificate of competency of the right of use. (6) For the users of radio systems that are not subject to authorization, assignment of frequencies is done for maximum of five years, and if necessary, this is done with the grant of the radio system installation and usage permission on the basis of common usage basis. The duration of use of the frequencies assigned is equal to the duration of the permission of system installation and use. At the end of the duration of permission, the demands(s) of the users of the radio systems are evaluated and their duration for use could be extended according to the result of evaluations. (7) The frequencies that will be assigned for all kinds of maritime and aerial band radio communications systems and navigation safety communications systems, whose installation, having third parties to construct and issuing permission for usage and registration procedures are carried out by Directorate General of Coastal Safety, are determined by the Authority. ( In frequency assignments, in order to meet the need of radio communication sufficiently, restrictive measures can be taken on the number of frequencies to be assigned. Additionally, for the frequencies assigned, necessary limitations can be put on the technical parameters such as the location of the usage of the system, transmission power, antenna type, antenna direction and antenna height by the Authority. (9) The Authority shall take the necessary measures in order to ensure that the frequencies assigned to the operators within the framework of authorisation regime are not affected by any harmful electromagnetic interference.
Frequency Registration Article 8 - (1) Those that are willing to install and operate radio equipments or systems must have their frequency registration procedures done by the Authority. However, for the frequencies to be used in the radio equipments and systems which do not need any permission of radio system installation and use and radio license as stated in the Regulations published by the Authority, frequency registration is not done. (2) National registration of the frequencies assigned is done considering the duration of assignment, a) after the notification that the operators install the electronic communications infrastructure or network and begin to operate, b) after giving permission of radio system installation and use to radio system users who are not subject to authorization, c) after Turkish Armed Forces, General Command of Gendarmerie and Coast Guard Command as well as Ministry of Foreign Affairs, Telecommunication Communication Presidency, Undersecretariat of National Intelligence Agency and the Security General Directorate, limited to issues relating to their purview set out in their establishment laws, give notice to the Authority following the installation of the systems. (3) The international frequency registration procedures that should be done through ITU are done by the Authority. The international frequency registration procedures that should be done through ICAO are carried out with the coordination of Directorate General of Civil Aviation by the Authority.
Change of Frequencies Article 9 – (1) If the communication cannot be achieved or in spite of the technical regulations if the harmful electromagnetic interference cannot be removed frequencies assigned and frequency bands can be changed by the Authority. Besides, due to technological progress, regulations made by Authority in order to ensure the effective and efficient usage of spectrum or due to changes in the National Frequency Plan made in accordance with the regulations done by international organizations, any change including cancelation of the frequencies assigned and registered to the operators and users can be done by the Authority. Regarding the changes to this registration(s) and assignment(s) made by the Authority, frequencies of the operators and users will be kept as it is as much as possible and in case of necessity, comments of operators and users will be taken. In addition, in the frequency changing process of operators with limited quantity of right of use, provisions of the tender specifications and certificate of competency of right of use are also taken into account. (2) In terms of the concession agreements, transactions such as the withdrawal of frequencies assigned, changes and additional frequency assignments are conducted due to the terms and conditions set forth in the relevant tender specifications document and/or contract. (3) In case of any harmful electromagnetic interference, principle is that the priority is given to protect the frequencies assigned to the operators as it is. If a harmful electromagnetic interference occurs between any frequencies assigned, the previously assigned frequency of the operator and/or user is protected. (4) Authority gives a reasonable time to the operators and users in case of any change in frequencies assigned. Operators or users shall not have the right to demand indemnity or any expenditure item which arises as a consequence of the adaptation process for the changes to be done in the National Frequency Plan from the Authority or users.
Frequency Coordination Article 10 – (1) Frequency coordination transactions for terrestrial, aerial, maritime, satellite and radio and television broadcasting services, are conducted with the neighbouring and related countries via bilateral or multilateral agreements by the Authority. In case of lacking of such agreements frequency coordination is done by the Authority within the framework of procedures of ITU and CEPT. The international frequency coordination procedures that should be done through ICAO are carried out with the coordination of Directorate General of Civil Aviation by the Authority. (2) In case of any harmful electromagnetic interference caused by any system residing in a neighbouring country, necessary actions in order to solve the problem are taken by the Authority. (3) The operators have to comply with the regulations made by the Authority regarding the frequency assignment and registration and the National Frequency Plan and possible changes to be done in the National Frequency Plan. In order to prevent harmful electromagnetic interference on the operators in Turkey or in the neighbouring countries, the operators have to take all necessary measures defined in national legislation and international agreements of which Turkey is a party. In this context, the operator(s) may sign agreements with other operator(s) in neighbouring countries provided that they carry out frequency coordination in coordination with the Authority and by having opinion from the Authority.
Withdrawal of Assigned Frequencies and Cancelation Article 11 – (1) Due to technological progress and decisions made by international organizations that Turkey is a member of, in case of necessity, the Authority, being in coordination with the related sides, causing no deficiency in national security and intelligence, may withdraw or cancel all or some part; a) Of assigned frequencies to operators and users who are not limited in quantity of right of uses, b) Of frequency bands and frequencies assigned to Turkish Armed Forces and Radio and Television Supreme Council. (2) The withdrawal of frequencies from the operators limited in quantity and have the right of use is regulated in relevant tender specifications and in relevant certificate of competency of right of use. (3) Operators which are authorized in the scope of right of use and are not limited in quantity may demand additional time with their due justifications, on the occasion that if they don't start to provide service after the one year of the date of authorization. Authority may grant maximum of six months of additional time to the operator(s). Authority cancels the frequencies assigned to the operator if the operator does not start to provide service within the one year of period beginning with the date of authorisation and does not demand additional time or does not start to provide service within the additional time provided that operator cannot document any force majeure reasons. In this case, the Authority, giving a reasonable amount of time, sends the decision with reasons regarding the cancelation of the frequencies assigned to the operator. The operator has to make the necessary arrangements due to the provisions in this paragraph within the time period set by the Authority regarding the cancelation. (4) For the users that have the permission for installation and use of radio equipment, if the work is not completed at the end of the given amount of time, including due time prolongation, the permission given and the frequencies assigned are both cancelled. (5) If the operator or user gives up the frequency usage, the frequencies assigned are cancelled. (6) The Authority does not take on any responsibility regarding the withdrawal or cancelation of frequencies assigned. (7) The authority may reassign the frequencies which are withdrawn or cancelled to operators and users in accordance with the relevant legislations.
CHAPTER FOUR Miscellaneous and Final Provisions
Administrative Sanctions Article 12 – (1) For those who violates the provisions of this by-law, the provisions of Act 63 of the Law shall apply.
Enforcement Article 13 – (1) This Regulation shall enter into force on the date of publication of the Regulation.
Execution Article 14 – (1) Head of the Board shall execute the provisions of this Regulation.
Last post by admin - January 08, 2010, 04:01:34 PM
ELECTRONIC COMMUNICATIONS LAW
Law No. 5809 Date of Adoption: 5/11/2008
CHAPTER ONE General Provisions
PART ONE Purpose, Scope and Definitions
Purpose ARTICLE 1- (1) The objectives of this Law are to create effective competition, to ensure the protection of consumer rights, to promote the deployment of services throughout the country, to ensure efficient and effective use of the resources, to promote the new investments and technological developments in communications infrastructure, network and services through regulations and inspections in electronic communications sector and to determine relevant principles and procedures thereto.
Scope ARTICLE 2- (1) Alongside the provision of electronic communications services and the construction and operation of the infrastructure and the associated network systems thereof; manufacture, import, sale, construction and operation of all kinds of electronic communications equipments and systems, planning and assignment of scarce resources including frequency and the regulation, authorization, supervision and reconciliation activities relating to such issues are also subject to this Law. (2) This Law shall apply without prejudice to the provisions of Certain Laws regarding national security and public order and the provision of electronic communications services in case of extraordinary situations such as martial law, mobilization, war and natural disasters as well as the provisions of "Law On How Transportation and Communication Services Are To Be Carried Out In Extraordinary Situations" no. 697 dated 16/7/1965; "Law On The Organization And Duties Of The Ministry Of Transport" no. 3348 dated 9/4/1987, "Law On Provision of Universal Services and Amendments to Certain Laws" no. 5369 dated 16/6/2005, "Law on Amendments to Certain Laws" no. 5397 dated 3/7/2005 and "Law on the Regulation of Publications on Internet and Suppression of Crimes Committed by means of Such Publications" no. 5651 dated 4/5/2007. (3) Provisions of this Law, except for Article 36 and Article 39, shall not apply to electronic communications equipments, systems and networks of Turkish Armed Forces, General Command of Gendarmerie and Coast Guard Commands as well as electronic communications equipments, systems and networks of Ministry of Foreign Affairs, Telecommunication Communication Presidency, Undersecretariat of National Intelligence Agency and the General Directorate of Security limited with issues relating to their purview set out in establishment laws and on the equipments, systems and networks which were installed or to be installed by the operators and whose fees have been paid by the above mentioned institutions.
Definitions and Abbreviations ARTICLE 3- (1) Certain terms used in this Law shall have the following meaning: a) Subscriber means any natural person or legal entity who or which is party to a contract with a provider of electronic communications services for the supply of such services b) Subscriber Contract means any contract signed between the electronic communications service provider and the subscriber upon which the service provider, in return for a charge, undertakes to serve or provide any goods to the subscriber or both, permanently or for a period of time, c) Subscriber's identity and communication data mean, any specific information assigned to the subscriber by the operator, ç) Location portability means changing of location without changing of subscriber number, d) Main electronic communications network means access and transmission systems network, by which the publicly available electronic communications services are provided, including switching equipments and transmission infrastructure which enable electronic communications between specific points e) Interconnection means the physical and logical linking of electronic communications Networks used by the same or different operators in order to allow the users of one operator to communicate with users of the same or another operator, or to access services provided by another operator, f) Interconnection obligator means any operator, who is subject to the obligation of providing interconnection, g) Ministry means the Ministry of Transport, ğ) Distributor means any real person or legal entity who or which take part in the sale and/or supply chain of the equipment and whose activities do not affect the properties of equipment, h) Electronic communications mean the transmission, exchange and receiving of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems, ı) Electronic communications infrastructure means all kinds of network components, relevant facilities and the supplementary elements including switching equipments, hardware and software, terminals and lines; over or by which the electronic communications is provided, i) Electronic communications infrastructure operation means construction, causing others to construction, hiring or procuring of the electronic communication infrastructure related with the relevant network in such other ways, and providing that infrastructure for use of other operators and other requesting real or legal persons, j) Electronic communications service means provision of wholly or partly the activities which fall under the scope of electronic communications definition, k) Electronic communications network means all kinds of transmission systems networks including switching equipments and lines, which constitute the connections between one or more points in order to ensure electronic communications in such points, k) Electronic communications network means all kinds of transmission systems networks including switching equipments and lines, which constitute the connections between one or more points in order to ensure electronic communications in such points, l) Electronic communications sector means the sector involved in the provision of electronic communications services and electronic communications network and the production, import, sales, maintenance and repair facilities of electronic communications equipments and systems, m) Provision of electronic communications network means the construction, operation, submission for use and the control of the electronic communications network, n) Electronic identity information means the identity allocated uniquely for each electronic communications equipment, o) Electromagnetic interference (Interference) means all kinds of broadcasting or electromagnetic impact which obstruct, interrupt or degrade the electronic communications operating in accordance with the provisions of relevant legislation, ö) Access means provision of electronic communications network, infrastructure and/or associated services to the use of other operators under conditions laid down in this Law, p) Access obligator means any operator, who is subject to the obligation of providing access, r) Significant market power means the economic power which enables the operator, either individually or jointly with others, to behave to an appreciable extent independently of its competitors, customers and ultimately consumers in the electronic communications market, s) Rights of way means the rights granted to operators for to pass under, above and over the public and private proprietary areas for constructing, removing, maintaining, repairing etc. of necessary for electronic communications network and infrastructure, ş) Rights of way supplier means the immovable owners and/or the right owner on the immovable provided that the immovable belonging to the public or under common usage of the public regarding the rights of way is included, t) Service portability means changing of service type without changing of subscriber's number, u) Relevant market means the market which covers certain electronic communications services provided throughout or part of the country and the associated electronic communications services which are highly substitutable, ü) Relevant facilities mean any facilities related to any electronic communications services and/or any electronic communications network which support and/or enable the provision of services by the relevant network and/or services, v) Internet domain names mean the names which define the internet protocol number used for identifying the address of internet sites or the computer, on internet, y) Internet domain name system means the system which finds the internet protocol number that has its equivalent in the addressing established by symbolic names that are easy to read and remember and that may be related to requested domain owners in general and which designates this number to the user, z) Operator means any legal entity, which has the right to provide electronic communications services and/or to provide electronic communications network and to operate the infrastructure within the framework of authorization, aa) Operator number portability means changing of operator without changing subscriber's number, bb) Conditional access system means any technical measure and/or regulation enabling conditional access to radio or television broadcasting system through subscription or other forms of authorization granted beforehand, cc) User means any natural person or legal entity that uses electronic communications services disregarding whether he is a subscriber or not, çç) Right of use means the right granted for the use of scarce resources such as frequency, number, satellite position, dd) Board means Information and Communication Technologies Board, ee) Authority means Information and Communication Technologies Authority, ff) CEIR means central equipment identity register data base system, gg) EIR means equipment identity register data base, ğğ) Number means a string or combination of letters or/and digits or symbols that defines the network termination point and routes the voice, data and images to the respective point that includes the information which may refer to subscriber, application, operator, telecommunication network and/or telecommunication service where relevant, hh) Number portability means a facility that enables the subscriber to change its operator, geographical position and/or service type without changing subscriber's number, ıı) Notified Body means public corporations and institutions and real persons or legal entities which are assigned by the Authority with a view to carry out conformity assessment activities and which are authorized in accordance with the principles specified in Law no. 4703 dated 29/6/2001 on the Preparation and Implementation of Technical Legislation regarding the Products and with the relevant technical regulations, ii) Radio and television broadcasting means transmission of image and/or voice services via a terrestrial antenna, electronic communications network or satellite in coded or not coded form, aimed for reception by the public except from individual communication, jj) End user means any natural person or legal entity that does not provide public communication networks and/or public communications service, kk) Spectrum means the frequency range of electromagnetic waves which are utilized for electronic communications and whose frequency varies between 9 kHz-3000 GHz and in case of international regulations which also includes frequencies over 3000 GHz, ll) Standard means any voluntary regulation which is accepted by consensus and ratified by an authorized body; aims to provide an optimum order under the existing conditions; lays down, for common and repeated use, the characteristics, processing and production methods of a product, as well as one or more of the related terminology, symbols, packaging, marking, labeling and conformity assessment procedures aspects, mm) Network termination point means the physical point at which a subscriber has access to electronic communications network. In the case of networks involving switching or routing, the network termination point is identified by means of a specific network address, which may be linked to a subscriber number or name. nn) Tariff means the list containing itemized fees by which the operators charge users in return for the electronic communications services provided, oo) Carrier means the operator which provides the all or part of the call origination, termination or transit services, öö) Carrier pre-selection means the way of pre-selecting the carrier in a manner to enable the selection without dialing carrier selection code, pp) Carrier selection means the way of selecting the carrier by dialing carrier selection code, rr) Carrier selection code means the code assigned by the Authority to the carriers for the purpose of carrier selection, ss) Radio means systems which do not have any physical linkage in between and which are utilized for transmitting and receiving or solely transmitting or receiving coded, not coded or cryptographic sounds and images via electromagnetic waves, şş) Permission for installation and use of radio means the permission issued by the Authority for radio equipment and systems to be installed and used under the scope of this Law, tt) Radio license means the license issued by the Authority for radio equipments and systems to be installed and used under the scope of this Law, uu) Consumer means any natural person or legal entity who uses or demands electronic communications services for non-commercial or non-occupational purposes, üü) National roaming means the roaming between systems which allows the provisions of any operator's services via equipments of other operator's subscribers or which allows the interconnection of any other system, provided that technical compatibility requirements of the operator's services are guaranteed, vv) National numbering plan means the numbering plan that defines the structures of the numbers which can be divided into parts for providing information on routing, addressing, pricing or service type, yy) Harmonized European Standard means the standard published in the Official Journal of the European Communities, zz) Harmonized National Standards mean Turkish standards which are adopted after being harmonized by Turkish Standards Institution in accordance with the Harmonized European Standards and whose lists have been published as communiqués by the Authority, aaa) Manufacturer means any real person or legal entity who manufactures or reconditions the electronic communications equipment or who introduces itself as the manufacturer by affixing its name, trademark or distinctive mark on the equipment. In case of manufacturer is being abroad, it refers the representative and/or importer authorized by the manufacturer, and also the real person or legal entity who takes part in the sales and/or supply chain of the equipment and whose activities affect safety properties of equipment, bbb) Local loop means the physical circuit in the fixed electronic communications network, connecting the network termination point, at the subscriber's premises to the main distribution frame or equivalent facility, ccc) Authorization means the registration of entities providing electronic communications services and/or electronic communications network in the eye of the Authority and pursuant to such registration, or granting of certain rights and obligations specific to electronic communications services to these entities.
Principles ARTICLE 4-(1) Authorization for the installation and operation of any kind of electronic communications equipments, systems and networks; assignment of the necessary frequencies, numbers, satellite positions and associated resources and the arrangement thereof are under the State's terms of reference. The following principles shall be considered by the relevant bodies whilst providing electronic communications services and the arrangements thereof; a) Creation and protection of a free and efficient competitive environment. b) Protection of consumer rights and interests. c) Consideration of the objectives of development plans and Government programs as well as the strategies and policies set by the Ministry. ç) Promotion of the practices which ensure that everyone can benefit from electronic communications networks and services at affordable prices. d) Ensuring non-discrimination among subscribers, users and operators who are under the same conditions and ensuring that services are accessible to users in similar situation under the same terms, unless based on objective grounds or except for the aim of providing facilitation, with defined limits and under certain scope, special to the people in need of in the society . e) Unless based on objective grounds or the contrary is specified by this Law, promotion of qualitative and quantitative sustainability, regularity, reliability, productivity, clarity, transparency and the efficient use of resources. f) Ensuring the conformity of electronic communications systems to international norms. g) Promotion of research and development activities and investments and implementation of technological innovations. ğ) Promotion of the improvement of quality of service h) Giving priority to the requirements of national security, public order and the emergency situations. ı) Except for the situations clearly expressed in this Law, in relevant legislation and in the authorizations; ensuring free determination of the prices by the operators for the electronic communications services which covers access charges including interconnection and line and circuit rental fees. i) Taking the minimum international norms into consideration with regard to protection of human health, life and property, environment and the consumer at installation, usage and operation of electronic communications equipments and systems. j) Ensuring objectiveness in providing electronic communications services and in related arrangements. k) Including the use of technological innovations, taking into consideration the specific needs of disabled, elder and people in need of social protection. l) Protection of information safety and confidentiality of communication.
PART TWO Competent Bodies in Electronic Communications Sector Competencies of the Ministry ARTICLE 5- (1) The Ministry is competent for the following activities in the field of electronic communications: a) Setting strategies and policies regarding electronic communications services which are based on scarce resources such as numbering, internet domain names, satellite position and frequency allotment. b) Determination of objectives, principles and policies towards the aim of encouraging the development of electronic communications sector in free competitive market and supporting the transformation into an information society, therefore taking promotional measures to this end. c) Determination of policies towards construction and development of electronic communications infrastructure, network and services in accordance with the technical, economic and social needs and in harmony with the national security objectives and the public interests, and towards ensuring their operation in a complimentary manner. ç) Contributing to the creation of policies regarding the development of electronic communications equipments industry and to the determination of policies towards taking measures which encourage domestic production of the electronic communications equipments. d) Without prejudice to the provisions of Law no. 1173 dated 5/5/1969 on the Coordination and Maintenance of International Relations, representing the State or giving authorization to represent the State in the international associations and organizations regarding electronic communications of which our Country is a member and ensuring coordination regarding the participation to activities and the implementation of the decisions. e) Conducting and having third parties to conduct necessary researches with a view to determine and implement electronic communications policies. f) Taking necessary measures and performing coordination to ensure the continuity of electronic communications in the case of natural disasters and extraordinary situations. Against the risk of interruption of communications, constructing or having third parties to construct alternative communication infrastructure beforehand for continuity of communication and connecting to such system, when required. g) Planning electronic communications services in the case of extraordinary situations and at war in accordance with Law no. 697 dated 16/7/1965 and performing necessary actions or having third parties to perform. ğ) Encouraging domestic design and production of electronic communications systems, promoting research, development and training activities relating to the sector by technical and financial means and determination of the amount of the source to be allocated by the Authority which shall not exceed 20% of the Authority's income and having such source to be used by making necessary arrangements.
Competencies of the Authority ARTICLE 6-(1) The Authority shall be competent to: a) In the electronic communications sector; to make regulations to create and protect competition and to eliminate the practices which are obstructive, disruptive or limitative for competition, to this end to impose obligations on operators with significant market power in the relevant markets and on other operators when required, and to take measures stipulated by the legislation. b) To inspect the breaches of competition in electronic communications sector which are against this Law and against regulations based on of this Law, to impose sanctions and to take the opinion of Competition Authority on the issues regarding the breach of competition in electronic communications sector, if specified by the legislation. c) To make necessary arrangements and supervisions pertaining to the rights of subscribers, users, consumers and end users as well as processing of personal data and protection of privacy. ç) To make the Board decisions those concern the operators and consumers publicly available with its rationale and processes. d) In accordance with this Law, to conduct the dispute resolution procedure between the operators when necessary, and to take necessary measures that are binding until otherwise decided by the related parties in case of no settlement. e) To follow the developments in electronic communications sector, to conduct researches or to have third parties to conduct research in order to promote the development of sector and to cooperate with the related organizations and institutions in this regard. f) To plan and to allocate the frequencies, satellite position and numbering necessary for the provision of electronic communications services and installation and operation of electronic communications network and infrastructures, by taking into consideration the Clause (a) of Article 5 of this Law. g) To perform necessary regulations and inspections including authorization, tariffs, access, right of way, numbering, spectrum management, licensing for the installation and use of radio equipments and systems, monitoring and inspection of the spectrum, market surveillance; by taking into consideration the strategies and the policies of the Ministry regarding electronic communications. ğ) To supervise if the radio systems are installed and operated in accordance with the specified techniques and procedures, to detect electromagnetic interference and to eliminate them. h) To determine the scope of commercial secrets and the information of the operators which may be made publicly available, to protect the privacy of commercial secrets, the investment and business plans of the operators and to keep such secrets and plans unless requested by the judicial authorities. ı) To request any kind of information and documents from the operators, public authorities and institutions, natural persons and legal entities which deemed necessary pertaining to electronic communications and to keep necessary records, to present those needed by the Ministry upon request in determination of the strategies and policies towards electronic communications sector. i) As per clause (ğ) of first paragraph of Article 5 of this Law, within the frame of the regulations set by the Ministry; to transfer a source which shall not exceed 20% of its income taking into consideration current revenues of the Authority to the Ministry for research, development and training activities pertaining to electronic communications sector. Such source transfer shall be free from any kind of tax, charge, duty and other financial obligations including value added tax and stamp tax. j) To determine general criteria and implementation procedures and principles regarding tariffs to be imposed on the users and other operators within the scope of access, contract terms, technical matters and other issues related to its areas of office; to approve the tariffs and to make regulations regarding the supervision of tariffs. k) To approve the reference access offers submitted by the operators. l) To determine provisions and conditions for authorizations regarding electronic communications services, network and/or infrastructure, to supervise their implementation and conformity to the authorization, to perform necessary actions thereof and to take measures as deemed necessary by the legislation. m) To conduct frequency planning, assignment and registration procedures taking into consideration their transmitter power and broadcasting duration through cooperation with the international organizations, without prejudice to the provisions set out in the relevant laws pertaining to radio and television broadcasting. n) To ensure the publication and the implementation of the harmonized national standards for all kinds of systems and equipments used in electronic communications sector and to make technical regulations, perform and/or to have third parties to perform market surveillance of them, and to establish and operate a laboratory for this purpose and to determine the charges for training and consultancy services to be carried out in such laboratory. o) To coordinate the authorization of institutions that will perform the installation, measurement, maintenance and repair activities in electronic communications sector, together with the relevant bodies. ö) To conduct market analyses regarding electronic communications sector, to determine the relevant market and the operator/s that have significant market power in this relevant market. p) To participate in the works of international associations and organizations regarding electronic communications to follow the implementation of decisions and to ensure the necessary coordination. r) As prescribed in Article 46 of this Law, to determine all kinds of procedures and principles regarding fees including cancellation of any debt; to ratify the annual budget, income and expense settlements and the annual work plan of the Authority, to make transfers between accounts in the budget if needed or to transfer the revenue surplus to the general budget within the frame of the legislation. s) To inspect and/or to have third parties to inspect the conformity of operators to the legislation, who perform activities in electronic communications sector; to set the relevant procedures and principles, in case of inconsistencies to perform the actions suggested by the legislation and to impose sanctions. ş) To take measures specified by the legislation with a view to ensure that the national security, public order or public service are duly maintained in electronic communications sector. t) To make regulations prescribed by the legislation and to determine the procedures and principles concerning access including interconnection and national roaming, to take measures suggested by the legislation so as to ensure that the agreements signed for the purpose of providing electronic communications will not contain provisions which constrain the competition, which are against the legislation and/or consumer interests. u) Under the provisions of the relevant law; to set, to inspect and to have third parties inspect the quality and standards of service for all kinds of electronic communications including the quality of service and standards of universal services when required and to determine the procedures and principles pertaining thereto. ü) In electronic communications sector, to determine the principles regarding the independent inspection activity and to determine the establishment requirements, working principles and the quality of the personnel of independent inspection bodies. v) To enact by-law, communiqué and other secondary regulations pertaining to the authorizations granted by this Law.
Provision of competition ARTICLE 7- (1) Without prejudice to the provisions of Law no. 4054 dated 7/12/1994 on Maintenance and Promotion of Competition, the Authority is entitled to perform examination and investigation of any action conducted against competition in electronic communications sector, on its own initiative or upon complaint; to take measures it deems necessary for the establishment of competition and to request information and documents within the scope of its tasks. (2) The Competition Board while performing examinations and supervisions and while making any decisions on electronic communications sector, including decisions about merges and takeovers, takes into consideration primarily the Authority's view and the regulatory procedures of the Authority. (3)The Authority may identify the operators with significant market power in the relevant markets as a result of conducting market analyses. The Authority may also impose obligations on operators with significant market power with the aim of ensuring and promoting an effective competition environment. Differentiating may be performed among the operators with significant market power in the same and/or different markets, in terms of the obligations in question.
CHAPTER TWO General Regulations PART ONE Authorization Authorization of electronic communications services ARTICLE 8 – (1) Electronic communications services could be provided and/or electronic communications network or infrastructure could be constructed and operated by taking into consideration the strategies and policies of the Ministry, upon receiving authorization from the Authority. (2) It is fundamental that the electronic communications service and/or network or infrastructure is provided primarily by the operators which are authorized by the Authority. Nevertheless, electronic communications service and/or network or infrastructure shall not be subject to authorization, which is; a) Within any natural person's or legal entity's property under his/its own use, which do not exceed any property's borders, which is used upon exclusively individual or organizational needs, which is not used for providing any electronic communications services to third parties, which is provided without any commercial intention and which is not publicly available, b) Constructed pertaining solely to the services of public corporations and institutions in accordance with the specific laws thereof. (3) The Authority is entitled to inspect the conformity of such networks and infrastructures to the principles of this Article and the conformity of equipments to the standards; to ensure the removal of those which do no comply therewith and to regulate the procedures and principles regarding the implementation of this Article. (4) The provisions of Law regarding radio and television broadcasting are legally guaranteed.
Authorization Procedure ARTICLE 9-(1) Authorization is issued on the base of notification or rights of use. (2) Companies who are willing to provide electronic communications services and/or to construct and operate electronic communications networks or infrastructures shall notify the Authority of their intention prior to the commencement of their activities, within the frame of the Authority regulations. (3) When companies who have notified the Authority do not need the assignment of resources such as number, frequency and satellite position for electronic communications services and/or electronic communications network or infrastructure which they plan to provide and/or to operate; they shall be authorized pursuant to the notification to the Authority. In case they need assignment of resources they shall be authorized upon receiving the right of use from the Authority. (4) The Authority is entitled to determine whether electronic communications services for which the right of use is requested, and the number of rights of use for mentioned services should be limited or not. (5) The Authority issues right of use within 30 days upon due application for electronic communications services for which the number of rights of use does not need to be limited. (6) The number of rights of use could only be limited when the resources need to be operated by a limited number of operators and for the aim of ensuring the efficient and effective use of resources. In case the quantity of right of use is limited: a) The Ministry determines the criteria such as the authorization policy regarding electronic communications services which cover the assignment of satellite position and frequency band in national scale and which need be operated by a limited number of operators, starting date of the service, the duration of authorization and the number of operators to serve and the authorization is done by the Authority. Nevertheless, when deems necessary, the Ministry may open tenders directly on its own, for electronic communications services which cover the assignment of frequency bands in national scale and which need to be operated by a limited number of operators. b) Necessary procedures pertaining to the performance of electronic communications services which are out of those mentioned in clause (a) and which need to be provided by a limited number of operators and/or to the construction and operation of electronic communications network and infrastructure shall be performed by the Authority. (7) The Authority, with a view to ensure the efficient use of resources, shall take necessary measures after consulting the Ministry and determine the procedures and principles of the tender. The Authority and, under situations predicted in clause (a) of the above paragraph, the Ministry shall not be subjected to the State Tender Act no.2886 dated 8/9/1983 and the Public Tender Act no. 4734 for tenders regarding right of use. ( The durations of right of use are determined in a manner not to exceed twenty five years. The duration of authorization as per this Article shall be determined taking into consideration the qualification of the service and network and the request of the applicant. (9) The Authority shall be entitled to reject the applications for right of use due to the insufficiency of resources and the non-availability of the qualification requirements specified in tender stage, and on the grounds related to national security, public order, public health and similar public interests. (10) When the operator's activities are found as contrary to the legislation, such operator's right of use shall be revoked in accordance with the procedures and principles determined by the Authority. In cases of revocation, necessary measures shall be taken with a view to protect the subscribers' rights. (11) The Authority, upon taking opinion of the Ministry shall be entitled to prevent the functioning of the companies in the field of electronic communications or prevent those providing electronic communications when it deems necessary due to factors related with the necessities of public security, public health and similar public interests. (12) The facilities of those who construct and operate electronic communications facilities or who provide electronic communications services by breaching the provisions of the Law, shall be closed down and their activities shall be terminated by the civilian authority upon the request of the Authority. (13) Procedures and principles regarding the notification and right of use shall be determined by regulations enacted by the Authority.
Trial Permission ARTICLE 10 – (1) The Authority shall be entitled to issue provisional permission for trial or demonstration purposes to natural persons or legal entities who apply for providing electronic communications services or operating electronic communications network or infrastructure. Procedures and principles pertaining thereto shall be regulated by the Authority.
Authorization fee ARTICLE 11 – (1) The authorization fee consists of administrative charges and fees for rights of use. (2) The Authority, for the purpose of contributing to the expenses incurred due to its activities such as market analysis, preparation and enforcement of secondary regulations, supervision of the operators, technical monitoring and inspection of services, supervision of the market, international cooperation, harmonization and standardization, as well as any kind of administrative expenses; shall charge operators, on condition that such charge does not exceed five per thousand of the operator's previous year's net sales, taking into account the international obligations. Procedures and principles pertaining thereto shall be regulated by the Authority. (3) In case the operators do not pay for due administrative charges in a period of time prescribed within the frame of established procedures and principles, a fine equivalent to the amount of default interest which is calculated according to the basis as per Article 51 of Law no. 6183 dated 21/7/1953 on The Collection of Public Receivables shall be imposed. Administrative charges which are not paid by the operators in due time shall be collected by the relevant tax office as per provisions of Law no. 6183 upon notice of the Authority and they shall be registered as revenue for the Authority. The Authority shall publish annual report which shows the administrative cost and the amount of collected administrative charges. (4) Fees for rights of use shall be collected in return for issuance of right of use for the resources and for the assurance that the resources in question are efficiently used. (5) Minimum values of the fees for rights of use shall be determined by the Board of Ministers upon the proposal of the Authority and the resolution of the Ministry. (6) Without prejudice to the provisions of Law no. 5369, fees for rights of use shall be deposited to the relevant accounting department so as to be registered as revenue for the Treasury. Fees for rights of use which are not paid in due time shall, upon notice of the Authority and as per provisions of Law no.6183, be collected by the relevant tax office.
Rights and obligations of the operators ARTICLE 12 – (1) The operator shall be entitled to provide the electronic communications services under the scope of his authorization in accordance with the Authority regulations and the requirements specified in his authorization. (2) The Authority, considering the factors such as requirements of the sector, international regulations, and technological developments, shall be entitled to impose legislation oriented obligations on the operators, among which the following have utmost importance: a) Administrative charges. b) Interoperability of the services and interconnection of the networks. c) To ensure accessibility of numbers from the National Numbering Plan to end users. ç) Co-location and facility sharing. d) To protect personal data and privacy. e) Protection of the consumer rights. f) To submit information and documents to the Authority. g) To provide technical facilities for the lawful interception and intervention by the national bodies that are authorized by laws. ğ) To take necessary measures for maintaining uninterrupted communication under major disaster situations. h) To take necessary measures within the scope of this Law for the prevention of exposure of the general public to electromagnetic fields which radiate from electronic communications networks and which endanger public health. ı) Access obligations. i) To maintain the integrity of electronic communications networks. j) To ensure the security of network against unauthorized access. k) The measures designed to ensure compliance to the standards and specifications, including the quality of service. l) To perform services requested by the Authority as per the relevant legislation. (3) In addition to the above obligations, under circumstances which enable the issuance of right of use, considering the factors such as requirements of the sector, international regulations, and technological developments; legislation oriented obligations may be imposed, among which the following have utmost importance: a) Type of technology, network or service for which the right of use for frequency has been issued and the scope of service for which the right of use for number has been issued. b) Efficient and effective use of frequencies and numbers. c) Prevention of electromagnetic intervention. ç) Number portability. d) Directory services. e) Duration of authorization. f) Transfer of rights and obligations. g) Fees for rights of use. ğ) Commitments undertaken during tender process. h) To obey to obligations as per international agreements regarding the use of frequency and number. (4) Procedures and principles pertaining to the rights and obligations of the operators shall be regulated by the Authority. (5) The operators are obliged to construct the technical infrastructure before providing electronic communications services towards meeting demands regarding national security and the regulations of Laws no.5397 and 5651 and of other relevant Laws. As for operators which have already been providing electronic communications services, they are obliged to construct technical infrastructure with the same conditions within a period of time prescribed by the Authority, on condition of undertaking all kinds of expenses.
PART TWO Tariffs Regulation of Tariffs ARTICLE 13 – (1) Tariff may be determined as one or more of; subscription fee, fixed charge, call charge, line rental, and similar various price items. (2) Tariffs to be imposed in return for providing any kind of electronic communications services shall be subject to the following provisions: a) Operators shall freely determine the tariffs under their possession, provided that they comply with the regulations of the Authority and the relevant legislation. b) In case that an operator is designated as having significant market power in the relevant market, the Authority shall be entitled to determine the procedures regarding the approval, monitoring and supervision of tariffs as well as the upper and lower limits of the tariffs and the procedures and principles for implementation. c) In case that the operator is designated as having significant market power in the relevant market, the Authority shall be entitled to make necessary arrangements to prevent anti-competitive tariffs such as price squeezing and predatory pricing and supervise the implementation. (3) Procedures and principles pertaining to the implementation of this article, submission of tariffs to the Authority and publication and announcement of them to public shall be determined by the Authority.
Principles regarding the regulation of tariffs ARTICLE 14 – (1) The Authority shall consider the following principles whilst making regulations on tariffs to be imposed in return for providing all kinds of electronic communications services: a) The practices which enable the users to benefit from electronic communications services in return for a reasonable charge shall be promoted. b) Tariffs shall be fair, transparent without making unjustified discrimination among users in equivalent conditions, without prejudice to the circumstances of providing easiness with a definite scope and limits exclusive to those stated in clause (c) of first paragraph of Article 3 of Law no. 5369 who are in need and cannot afford. c) Tariffs shall reflect the costs of relevant electronic communications services to the possible extent. ç) The cost of a service shall not be supported or covered by the price of any other service. d) The tariffs shall not be determined in a manner not to cause to hinder, damage or limit competition. e) The international practices shall be taken into consideration to the appropriate extent. f) Tariffs shall promote technological developments and investments which enable the use of new technologies with reasonable prices. g) Consumer interests shall be protected. ğ) It shall be ensured that the consumers be well informed regarding the tariff issues. h) The Authority shall also take into account the prices of electronic communications services which are basic inputs that the competitors will request from the operator with significant market power whilst providing electronic communications services to their own users.
PART THREE Access and Interconnection Scope of Access ARTICLE 15 – (1) The following issues are under the scope of access in electronic communications services: a) Any method of access to the components of electronic communications network, including unbundled access to the local loop and bit stream access. b) Access to physical infrastructure including buildings, ducts and poles considering the available access options. c) Access to relevant software systems including operation support systems. ç) Access to systems providing number transformation or equivalent functionality. d) Access to virtual network services taking into account the status of the competition. e) Interconnection between two electronic communications networks. f) Access to fixed and mobile networks including national roaming. g) Access to conditional access systems. ğ) Provision services on a wholesale basis for the purpose of resale. (h) Other access methods to be laid down in Authority's regulations.
Obligation of Access ARTICLE 16 – (1) Those that will be subject to the obligation to provide access and the scope of the obligation shall be determined by the Authority. When an operator does not allow other operators to have access within the scope defined in Article 15 of this Law or it sets forth unreasonable durations and conditions for access in a manner to result in not allowing access, and the Authority decides that such behaviour of the operator will prevent the formation of a competitive environment and the situation to arise will be against the interests of end users; the Authority shall be entitled to impose obligation on the operator to accept the access requests of other operators. (2) In accordance with this Law, all operators are obliged to negotiate on interconnection with each other upon request. In case that the parties cannot reach an agreement, the Authority may impose on operators the obligation to provide interconnection. (3) In circumstances where it considers necessary in terms of public benefit, the Authority, may limit the access and interconnection obligations by enacting regulations, considering the principles specified under Article 4 of this Law. (4) The Authority shall make necessary regulations for the establishment and implementation of all access contracts in alignment with the objectives and the scope of this Law, with protection of competition and consumer rights, integrity and interoperability of networks and the mutual operability of services. (5) The Authority may impose obligations on operators which are notified for providing access; such as equality, nondiscrimination, transparency, clarity, to be based on cost and reasonable profit and to provide access services with fair conditions and with the same quality which they provide for their subsidiaries or partners or partnerships in order to have reasonable access demands of other operators met within the frame of provisions of this Law. (6) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority.
Facility sharing and collocation ARTICLE 17 – (1) In circumstances where an operator can construct its facilities on or under public domain or third parties' properties or where he is authorized to use such properties or granted the right to expropriation; the Authority, giving due weight to the necessities to the protection of environment, public health and safety, urban and regional planning and the efficient use of resources and considering the factors on competition, may impose obligations on the relevant operator to share his facilities and/or properties with the other operators in return for a reasonable charge. (2) The Authority may impose obligations on operators to provide any kind of collocation including physical collocation for the equipments of other operators within their own facilities in return for a cost-based charge. In the case that the operators do not determine their collocation tariffs on cost basis although stipulated by the Authority, it shall be entitled to determine collocation tariffs taking into account the costs, international applications and/or current market values to the appropriate extent. (3) Procedures and principles pertaining to facility sharing and collocation including the construction of shared antenna systems and facilities shall be regulated by the Authority with a view to ensure broadcasting of all kinds of broadcasts including radio and television broadcasts from specified emission points. When required, necessary works and operations regarding shared antenna systems and facilities including the execution of exemption from charges listed in the tariff table attached to this Law, shall be executed by the Authority for the purpose of promoting implementation. Provisions regarding the construction of electronic communications infrastructure shall also be valid for shared antenna systems and facilities. Within the frame of the Authority regulations; the municipalities, civilian authorities and other public institutions shall be obliged to make due contribution and represent any kind of assistance including the provision of properties regarding shared antenna systems and facilities.
Access agreement and settlement of disputes ARTICLE 18-(1) Access contracts shall be signed between the sides by negotiating freely on the condition of not including any provision contrary to the relevant legislation and Authority regulations. In case that no contract is signed between the sides within maximum two months beginning from the demand of access or in case that any dispute under the scope of this Law occurs due to the current access contract then the Authority shall be entitled to initiate dispute resolution procedure between parties upon the request of any party and within the principles it will determine, and/or take other measures which it considers necessary in terms of public interest including determination of the interim rates or reject the dispute resolution request. (2) In case that the parties do not reach an agreement during the dispute resolution process, the Authority shall be entitled to determine the provisions, terms and charges of the access contract, which constitute the subjects of dispute, within two months except for the specified exceptional cases. The determined provisions, terms and charges shall be applied until otherwise decided by the operators within the frame of the legislation and Authority regulations. (3) Access contracts shall be submitted to the Authority after signing. The Authority is entitled to request from the operators to make amendments in the contracts in case of violation of the relevant legislation and Authority regulations. The operators are obliged to fulfill the amendment request of the Authority. (4) Access contracts are public, except for trade secrets. (5) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority.
Reference access offer ARTICLE 19 – (1) The Authority may impose obligation on operators who are obliged by the Authority to provide access, to submit their reference access offers. Operators subject to the obligation of submitting reference access offers shall submit their offers for the approval of the Authority within three months beginning from the imposition date of the obligation. (2) The Authority may request from the operators to make necessary amendments in their reference access offers, considering principles in Article 4 of this Law. Operators shall be obliged to make the amendments requested by the Authority in the prescribed manner and duration. In case that the operators do not make the amendments requested by the Authority in due time the Authority shall be entitled to make such amendments on its own initiative. (3) The Authority shall approve offers which it considers eligible. The operators shall be obliged to publish their reference access offers which have been approved by the Authority and to provide access under conditions specified in their reference offers which have been approved by the Authority. (4) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority.
Tariffs for access ARTICLE 20 – (1) The Authority may impose obligation on operators, who are subject to the obligation to provide access, to set their access tariffs on cost basis. Upon request of the Authority, the obliged operators must prove that their tariffs are set on cost basis. (2) In case the Authority notices that the obliged operators have not set their tariffs as cost-oriented, the Authority shall be entitled to set their access tariffs as cost-oriented. Until it does so, the Authority shall be entitled to set the tariffs and/or to introduce price ceilings considering the implementations of other countries to the appropriate extent. It is obligatory to comply with the tariffs set by the Authority.
Accounting separation and cost accounting ARTICLE 21 – (1) The Authority may impose accounting separation obligation on operators with significant market power in relevant market. Operators with accounting separation obligation shall be obliged to keep separate accounts for their fields of activities and business units within the scope of procedures and principles to be prescribed by the Authority regarding accounting separation and cost accounting. (2) The Authority may audit the accounts of operators or have agencies to audit by granting authority for audit or impose obligation on operators to have their accounts audited by independent auditors. Agencies with audit authority or independent auditors shall be responsible for investigating and auditing within the frame of the provisions of this Law and the legislation regarding account separation and cost accounting. Authorized agencies and independent auditors shall be responsible for losses arising due to the misinformation and misleading information and convictions in their audit reports and losses which lead to the detriment of third parties. Expenses relating to the audits within the scope of account separation and cost accounting shall be afforded by the operators. (3) The Authority may impose on operators to publish documents and information which are prepared within the scope of accounting separation and cost accounting obligations. If it deems necessary, the Authority may publish such documents and information on its own initiative. The scope of the documents and information to be published shall be determined by the Authority. (4) The provisions related to this article shall be detailed by the Authority.
PART FOUR Rights of Way Scope of the rights of way ARTICLE 22 – (1) The rights of way covers installation of any kind of electronic communications infrastructure and their supportive equipments under, above or over, public and private proprietary areas and the use of such properties for the purpose of installation, altering, disassembling, controlling, maintaining, repairing and etc. with a view to provide electronic communications services, within the frame of this Law.
Acceptance of the rights of way demand ARTICLE 23 – (1) The provisions of reasonable and justified grounds are reserved, demands for rights of way shall be accepted on condition of not giving any damage to the property and not hindering consistently the use of rights on such properties, if such demands do not consist of without any options and economically non-proportional costs and if they are technically applicable. (2) Public corporations and institutions evaluate the references for the demand of rights of way by giving priority and without any delays and conclude such procedure within sixty days. They act transparent without differentiation between the operators at similar conditions.
Priority of facility sharing and co-location ARTICLE 24 – (1) Facility sharing and co-location shall be given priority in instances where any electronic communications network, for which facility sharing and co-location obligation has been imposed by the Authority, already exists on any property subject to the right of way as per the frame of this Law and Authority regulations.
Freedom of agreement ARTICLE 25 – (1) The provisions of Turkish Civilian Act no.4721 are reserved, the operator and the rights of way of supplier shall be free to contract regarding the right of way, as long as the contract provisions are not contrary to the relevant legislation and Authority regulations. Operators, on demand of the Authority, shall be obliged to submit to the Authority agreement and annexes and amendments thereof as well as any kind of information, documents and communications.
Protection of environment ARTICLE 26 – (1) It is fundamental that the trees and environmental assets which exist on the ways subject to the rights of way are protected while using the rights established as per the rights of way. The provisions of legislation regarding the protection of historical artifacts and cultural and natural heritages in implementing the rights of way are under legal guarantee. Applications for permissions regarding such issues shall be concluded within sixty days by the notified bodies.
Circumstances regarding other infrastructures ARTICLE 27 – (1) Electronic communications network and their supportive equipments belong to operator shall be constructed in reasonable distance and manner so as not to give any damage to the sewage, water and gas canals, railways, electric facilities, other electronic communications network and suchlike infrastructure of the public service which already exist on the properties subject to the rights of way. Any operator who is obliged to construct new infrastructure and network shall act in coordination with the relevant public authorities. Under essential circumstances, the expenses resulting from the measures taken against the interruption of public services shall be covered by the party who retains the ownership of rights of way. All expenses originating from any kind of work pertaining to the rights of way shall be covered by the operator.
Obligations regarding the rights of way ARTICLE 28 – (1) With a view to ensure the maintenance of activities in a safe and continuous manner the rights of way supplier shall allow the operator to take all necessary measures and to execute the works as long as the expenses are covered by the operator of rights of way. (2) The rights of way supplier whilst exercising his rights shall be obliged to abstain from any kind of activity that will endanger or damage the electronic communications network and the activities of operator that he performs as per the rights of way. (3) Operators who possess the rights of way shall be obliged to compensate the rights of way supplier's damages which arises from implementing of rights of way are also other damages which occurred except from the implementing of rights of way within a month at the latest.
Rights of way agreement in case of transfer of authorization ARTICLE 29 – (1) In case of the transfer of authorization, with a view to prevent the interruption of public services the agreement of rights of way shall be valid under same terms and conditions between the rights of way supplier and the new operator, unless otherwise decided by the rights of way supplier.
Expropriation ARTICLE 30 – (1) When the activities laid down in this Law necessitated, expropriation shall be established as per principles of Expropriation Act no. 2942 dated 4/11/1983, regarding real estates under the private domain. The Ministry's relevant decision for the necessity of expropriation shall stand for a public benefit decision and without the need for any other approval; the subsequent procedures shall be executed by the Ministry as per provisions of Expropriation Act. The possession of the expropriated properties shall pass to the Treasury and right of easement shall be established free of charge on such properties, on condition that such right of easement is limited with the authorization duration granted to the operator by the Ministry of Finance. In case of cessation or termination of the authorization, the right of easement granted in favor of the operator shall be abated by the real estate registration office upon request of the relevant revenue office or fiscal directorate and the properties subject to right of easement shall be transferred to the Treasury, without the need for any other procedure. Expropriation charges that were previously paid by the operator shall not be refunded. (2) When the operator needs as regards for the activities provided for in this Law, he shall apply to the Authority for the establishment of right of easement or right to use of or to hire any property which is under the exclusive possession of Treasury or under State's possession and discretion. If such reference approved by the Authority, the Ministry signs right of easement, rights to use or lease agreement with the operator in return for the cost, as per its relevant legislation on condition that the agreement is limited with duration of the authorization. Such contracts entail a provision which stipulates that the validity of the contract is limited with the duration of authorization. The operator shall be obliged to pay for the right of easement, rights to use or hiring charges.
PART FIVE Numbering and Internet Domain Names National numbering plan ARTICLE 31 – (1) The Authority prepares the national numbering plan and make the administration and management of national numbering resources in accordance with the plan considering the policies of the Ministry. Rules and procedures for management and administration of numbering resources, its efficient and effective use and revocation of numbering resources and other similar issues shall be determined by the regulation of the Authority. The Authority makes necessary planning in a manner that to find sufficient numbering resources for electronic communications services and/or network or infrastructure and it ensures the management of such resources in line with the fair, transparent and non-discriminatory principles. (2) The Authority can make changes in national numbering plan in accordance with the regulation enabling the efficient and effective use of numbering resources or within the frame of new planning to be set forth by the relevant international organizations taking into account also the opinions of the operators. For the implementation of such changes, operators shall be given enough periods in accordance with international norms. Operators shall implement such changes and take necessary measures. (3) The Authority may lay down conditions for the use and allocation of numbers, make changes or revoke allocated numbers due to the requirements of public order and national security the need for number capacity, regulations of international organizations of which the Authority is a member, and the international agreements to which the Authority is a side or in the case where the number is not used in accordance with the Authority regulations. The Authority shall not be liable for any obligation arising from the regulations on this issue. (4) Users of public telephony services including public pay phone service users, have right to access free of charge to the relevant administration authorized to answer the emergency call by dialing 112 and other emergency call numbers determined by the Authority. Within the principles determined by the Authority, operators are obliged to ensure the access of users to 112 and other emergency call numbers free of charge in line with the quality and scope of the services they provide and to inform the relevant authority about the location of users who requested emergency aid.
Number portability ARTICLE 32 – (1) Operators shall be obliged to provide number portability in accordance with the regulations of the Authority. The Authority determines principles and procedures regarding the implementation of this obligation considering also the opinions of the operators. Operators shall make and implement necessary arrangements in their networks in accordance with the regulations of the Authority. Operators shall not have the right to demand any expenditure item which arises as a consequence of the arrangements they made in their networks within the scope of the operator number portability. (2) Operators shall bear the system set up cost derived from the modifications to be made in their current systems or installation of systems in order to route the calls to the ported numbers or to provide number portability service. Reference database and similar systems shall be established and/or operated by the Authority or willing operators within the frame of regulations of the Authority. Such systems may be established and/or operated either by operators which are obliged to enable operator number portability or by third parties within the principles and procedures regulated by the Authority. The principles of cost sharing regarding such systems may be regulated by the Authority. (3) The Authority shall take all necessary measures, to ensure the protection of the user and the users to enjoy the most benefit from the said services under best conditions within the scope of number portability. (4) Provisions of Article 20 of this Law shall be applicable for charges that any operator imposes on other operators within the scope of operator number portability. (5) Fees to be reflected to the subscriber directly within the context of number portability shall not impede the subscribers to take such services. (6) The Authority may impose an obligation on operators to enable location portability or service portability. Procedures and principles regarding this obligation shall be regulated by the Authority by receiving the opinions of the operators.
Carrier selection and pre-selection ARTICLE 33 – (1) The Authority may impose obligation on operators to perform carrier selection and pre-selection. Operators with significant market power in the relevant market may be obliged to perform carrier selection and pre-selection in their networks, within the frame of Authority regulations. The Authority regulates the principles and procedures of such obligation. The operators within the scope of carrier selection and pre-selection are obliged to make and implement necessary changes in their networks in accordance with the Authority regulations. Operators are not entitled to demand right for any expense item which arises as a consequence of the arrangements they made in their networks within the scope of carrier selection and pre-selection. (2) Provisions of Article 20 of this Law shall be applicable for charges that any operator imposes on other operators within the scope of carrier selection and pre-selection. (3) Charges to be reflected directly to the subscribers for carrier selection and pre-selection shall not be in the quality of preventing them to benefit from this service. (4) A billing contract may be signed with a view to prevent double billing of the subscriber, between the operators which provide fixed or mobile telephone services that have the billing information of the subscribers and the other operators which provide service to the subscribers on such networks, and such contract shall not bring any additional cost to the consumer. The Authority is authorized for the determination of principles and procedures thereof.
Non-seizability and the continuity of communications services ARTICLE 34 – (1) Regarding electronic communications services, usage of frequency, number and line allocated to users and beneficial interests and rights of use such as internet domain names, and the authorization of operators shall in no way be seized. (2) Communications oriented to general security and public order whose scope has been determined by the Authority shall not be interrupted whatever the reason is. (3) Unless relevant resolution is enacted by the Authority, Ministry or other notified bodies on electronic communications infrastructure, as per court decision or the relevant legislation, no intervention shall take place which results in the disruption of electronic communications.
Internet domain names ARTICLE 35 – (1) Designation of the organization or institution that will allocate internet domain names and procedures and principles regarding the management of domain name shall be determined by the Ministry
CHAPTER THREE Spectrum Management Planning, assignment and registration of frequency ARTICLE 36 – (1) Provided that the provisions of the relevant law regarding radio and television broadcasts are reserved: a) National frequency planning, assignments of frequencies, international frequency coordination and registration procedures are carried out by the Authority, taking into account the international frequency planning and the decisions of international organizations so as to ensure the efficient and effective use of frequency bands and to prevent radio broadcasts from constituting electromagnetic interference on each other. b) Those who are willing to install and operate radio equipments or systems must have their frequency assignment and registration procedures approved by the Authority. Yet, assignment and registration procedures shall not be carried out for frequencies which will be used in radio equipments or systems that operate without the need for any authorization or radio license as per Article 37 of this Law. (2) Turkish Armed Forces, Undersecretariat of the National Intelligence Organization , Ministry of Foreign Affairs, Gendarmerie General Command, Coast Guard Command and Security General Directorate shall be given priority in frequency assignment as well as the needs thereof. (3) Turkish Armed Forces and Radio and Television Supreme Board make and implement frequency planning in frequency bands allocated thereto, within the framework of national frequency plan. (4) The Authority ensures coordination with the Ministry and with the relevant authorities regarding the assigned frequencies and bands, within the scope of new plans towards technological developments and the decisions of international organizations of which Turkey is a member. The Authority can make any kind of amendments including cancellation, in a manner not to result in infirmity as regards State security and intelligence. The Authority shall not bear any responsibility for the regulations made regarding such amendments.
Principles concerning permission for the installation and use of radio and radio license ARTICLE 37 – (1) Provided that the provisions of relevant law regarding radio and television broadcasts are reserved, users of radio equipments or systems that need assignment of frequency in order to operate as per Authority regulations, are obliged to obtain radio license and permission for the installation and use of radio. Users within this scope must have installed and used their radio equipments or systems in accordance with the Authority regulations and the radio license. (2) Procedures and principles regarding the issuance of permission for the installation and use of radio; duration, renewal, alteration or cancellation of permission and radio licenses as well as the subjects which will govern the users in the installation, usage, transportation, alteration of operation types and transfer or demobilization of radio equipments or systems specified within this framework, shall be determined by a by-law which will be published by the Authority. Permissions for the installation and use of radio which are not subject to authorization are issued for five years at most. In case permissions and licenses are not renewed in due time, frequencies assigned for radio equipments or systems specified therein shall be revoked. Radio equipment users which are incorporated in the system of operators providing radio services, as long as authorized by the Authority, shall be exempted from the permission and licenses for the use of radio, within the framework of second paragraph of Article 46 of this Law. (3) Radio equipments and systems that were specified in Authority regulations and approved by the Authority, which operate in frequency bands and output power allocated for specific needs and therefore do not need assignment of frequency for operation, can be used without the need for any permission or license for the installation and use of radio. (4) The Authority, considering standard values set by the national and international organizations, shall carry out independently or have any agency to carry out the determination, control and supervision of limit values for electromagnetic field intensity to be followed in the use of radio equipments and systems. Procedures and principles for the regulation of these activities shall be determined by a by-law which will be published by the Authority by taking the views of Ministry of Health and Ministry of Environment and Forestry. Facilities which are found in conformity with the limit values and safety distance determined by the legislation shall, without the need for any procedure, be installed and operated pursuant to the issuance of safety certificate by the Authority.
Allocation of satellite position ARTICLE 38 – (1) The Authority shall carry out planning and assignment, international coordination and registration procedures regarding the satellite positions in coordination with the Ministry within the frame of international planning and criteria.
Coded and cryptographic communications ARTICLE 39 – (1) Turkish Armed Forces, General Command of Gendarmerie, Coast Guard Command, National Intelligence Organization, Security General Directorate and Ministry of Foreign Affairs are authorized to make cryptographic communications by radio communications systems. Procedures and principles for making coded and cryptographic communications in electronic communications service of public institutions and organizations except from those which are under the body of above mentioned institutions and natural and legal persons shall be determined by the Authority.
Spectrum monitoring and inspection ARTICLE 40 – (1) Inspection of radio equipments or systems to check whether they were installed and operated in accordance with certain techniques and procedures, detection and elimination of electromagnetic interferences, ensuring coordination with security units about radio activities concerning State and individual safety within the scope of legislation, national and international spectrum monitoring, inspection and having third parties inspect the spectrum shall be carried out within the procedures and principles to be determined by the Authority. (2) The Authority is entitled to perform spectrum management including spectrum planning and frequency assignment, registration and pricing as well as spectrum trading including the revocation of allocated frequency and resale thereof and to exercise the regulations necessitated by spectrum monitoring and inspection for the effective and efficient use of frequencies. (3) If deems necessary, the Authority may have all its equipments, devices, systems and facilities that are used in spectrum monitoring and inspection activities, insured against any kind of risk for safety and preservation purposes. (4) Within the relevant legislation, the Authority, with a view to perform national and international spectrum monitoring and inspection, may install and operate any kind of its equipments, devices and systems in locations where it seems fit or it may have such equipments, devices and systems installed and operated by a third party. (5) Coast Guard Command is authorized to perform all kinds of inspection and spectrum monitoring tasks within the scope of this Law in nautical fields.
Procedures for foreigners ARTICLE 41– (1) Radio equipments and systems which were installed or will be installed in accordance with contracts signed with foreign countries shall be subject to special provisions of such contracts, if available. (2) Diplomatic embassies of foreign states in our country may be granted permission and license for the installation of radio equipments or systems on reciprocity basis, based on the appropriate view of the Ministry of Foreign Affairs.
Coast radio stations, maritime and aeronautical band radio systems ARTICLE 42– (1) Installation and operation of radio communications systems including coastal radio stations which enable communications between marine vessels and the coast; and navigation safety communications by such radio stations shall be carried out by Directorate of Radio Operation under the body of Directorate General of Coastal Safety, without being subject to any authorization. (2) Installing all kinds of radio communications systems including maritime and aerial band radio communications systems and navigation safety communications done by coastal radio stations and having third parties to construct, issuing permission for the use of such systems, licensing, assignment and registration procedures such as assigning call codes to maritime band radio communications and navigation systems, shall be carried out by Directorate of Radio Operation. The tariff regarding services which Directorate of Radio Operation is obliged to provide shall be determined upon the approval of its management board as per relevant legislation.
Amateur radio ARTICLE 43– (1) Amateur Radio Certificate is issued for amateurs willing to perform amateur radio activities both in national and international scale, with a view to train themselves in the field of radio communications techniques on their own consent and willingness without minding any personal, material or political interest, in accordance with principles and charges determined by the Directorate of Radio Operation.
International coordination of aeronautical and maritime radio communications ARTICLE 44– (1) International coordination and follow-up procedures pertaining to the tasks of Directorate of Radio Operation shall be carried out by the Authority within the scope of Article 42 of this Law.
Radio equipments used by foreigners in prohibited areas ARTICLE 45– (1) Issuance of license and giving permission for installation and usage of radio equipments for transmitters, except from devices for transceiver, receiver and radio equipments for receiving radio and television broadcasts, to foreigners who are permitted to exist in prohibited areas, are up to the approval of the Turkish General Staff.
Radio fees ARTICLE 46– (1), License and annual usage fees for radio equipments and systems and charges for technical examination and suchlike services as per this Law are specified in the attached tariff and such charges shall be registered as revenue for the Authority. Board of Ministers is entitled to add or remove any service item in the attached tariff and to determine the charges of new services upon the recommendation of the Authority and the resolution of the Ministry. When necessary, the Authority is authorized to reduce each charge item up to fifty percent of the first value or to increase the charges on condition that the new value will not exceed the re-valuation rate which is determined annually by the Ministry of Finance in relation with the previous year. (2) All kinds of radio equipments and systems, which are out of the scope of authorization since they are utilized by regulatory and supervisory bodies, village legal entities, Directorate General of Coastal Safety, Turkish red crescent, municipalities, Social Security Institution, public administrations and special budgeted administrations within the scope of general budget in tables (I), (II) and (III) that are enclosed to the Public Financial Management and Control Law dated 10/12/2003 no. 5018, and which are utilized by the embassies of foreign states determined by the Ministry of Foreign Affairs, shall be exempted from radio license and annual usage fees. (3) Operators providing electronic communications services by means of being authorized by the Authority are obliged to collect from subscribers on behalf of the Authority the radio license and annual usage fees, which all kinds of subscribers are obliged to pay to the Authority including the operators' own systems as per this Law, and to transfer such charges to the accounts of the Authority as per procedures set forth by the Authority. (4) Receivables of the Authority within the scope of this Article shall be deemed as the privileged receivables for the execution of Enforcement and Bankruptcy Law no. 2004 dated 9/6/1932. Collection of such receivables is subject to general provisions and shall be exempted from all kinds of tax, duty and judicial charges. Prescription period for these receivables is ten years. (5) Radio license and utilization fees collected from the billed subscribers (except from pre-paid subscribers) of operators providing mobile electronic communications services shall be received on the basis of dividing fee amount into equivalent installments as of the month when subscription took place until the end of year. (6) Radio license and usage fees for radio equipments and systems which are out of the scope of authorization shall be collected in advance, according to the license duration. In instances where radio license and usage fees are not paid at the end of period determined by the Authority within the framework of procedures and principles thereof, permissions and licenses for installation and use of equipments and systems aforementioned shall be revoked.
CHAPTER FOUR Consumer and End User Rights Right to benefit from services under same circumstances ARTICLE 47– (1) Operators are obliged to provide electronic communications services with equal and non-discriminatory conditions to the consumers and end users that are under equivalent situations. Procedures and principles pertaining to this Article shall be determined by the Authority.
Protection of consumer and end user ARTICLE 48– (1) The Authority determines the procedures and principles regarding the consumers' and end users' access to electronic communications services under equal conditions and regarding the protection of their rights and interests.
Provision of transparency and notification ARTICLE 49– (1) The Authority may impose obligations on the operators towards publishing service options, quality of service, tariffs, tariff packages and enlightening of subscribers about similar issues with a view to ensure that end users and consumers take maximum benefit of these services and to offer services in conformity with the principle of transparency. (2) Operators, without necessarily being requested, shall inform consumers under every circumstance regarding considerations that will affect their decisions especially when they are making choices between services and signing subscriber contracts, as per the principle of trustworthiness. (3) Procedures and principles pertaining to the implementation of this Article shall be regulated by the Authority.
Subscription Contracts ARTICLE 50 – (1) When subscribing to an electronic communications service, consumers are entitled to sign contract with the operator who provides such services. Subscription contracts shall at least cover issues such as; name and address of the operator providing electronic communications service, content of the services to be provided, levels of the quality of service offered and the anticipated duration for the accomplishment of the first connection, types of maintenance and repairing services that will be supplied, the scope of tariffs that will be implemented and in what ways the current information regarding tariff changes could be learned, terms for the duration, termination and renewal of the contract, procedures of compensation or reimbursement in instances where the offered quality of service could not be ensured due to the failure of the operator and the dispute settlement procedures in case of any conflict between the subscriber and the operator. (2) The Authority, either on its own initiative or upon complaint, is entitled to request the subscriber contracts from operators, to review them and to notify the operator regarding the issues which are seem necessary to be altered. Operators are obliged to perform required amendments in prescribed period in accordance with the Authority regulations. (3) Provisions of subscriber contracts are void, where in case they may result in disparities against the subscriber and the contrary of the principle of trustworthiness regarding the rights and obligations of the sides arising from the contract. (4) The subscriber is entitled to nullify the contract without paying any compensation after being notified by the operator that terms of subscriber contract have been altered. Operators shall be obliged to inform the subscribers regarding the amendments in subscriber contract at the latest a month before such amendments enter into force and declare that the subscribers are obliged to nullify the contract without paying any compensation in case they do not adopt such amendments. Subscribers, on condition of notifying in written, may any time terminate their subscription. (5) In instances where unsolicited communication has been conveyed for the purposes such as direct marketing, political propaganda or transmission of sexual content messages by electronic communications means such as automatic dialing machines, fax machines, e-mails and short messages without the prior consent of the subscriber; the subscriber shall be entitled to reject such messages henceforth by simple means and free of charge. (6) Procedures and principles pertaining to the implementation of this Article shall be regulated by the Authority.
Processing of personal data and protection of privacy ARTICLE 51 – (1) The Authority is entitled to determine the procedures and principles towards the processing of personal data and the protection of its privacy regarding electronic communications sector.
Quality of Service ARTICLE 52 – (1) The Authority may determine parameters for the level of the quality of service and its content, type of information to be published by the operators and other considerations pertaining to the quality of service level so as to provide the accessing of consumers and end users to comprehensive, sufficient and apprehensible information regarding the level of the quality of service. (2) Operators are obliged to provide any kind of information regarding the quality of service parameters for electronic communications services to the Authority and to assure conformity to quality of service standards in due time and the requested manner. The Authority may either publish information sent by the operators regarding the quality of service or it may impose on operators to do so, within the procedures and principles regulated under its own authority. The Authority may also inspect the accuracy and conformity of such information to the standards for the quality of service level or have any third party to inspect thereof. (3) The Authority may impose on operators to prepare service level agreements oriented to electronic communications services and electronic communications infrastructure or network components and to publish such agreements within due time and requested format. Furthermore, the Authority may request from the operators to make amendments, optimizations or corrections in their service level agreements. The operators are obliged to make such amendments, optimizations or corrections within due time prescribed by the Authority. (4) In all circumstances, operators are obliged to ensure accurate billing and are under the burden of proof in case of any conflict regarding the content of the bill. (5) The Authority determines the issues such as dispatch of bills, items necessary to be listed in bills, itemized billing, procedures to be applied for interruption of the service when the bills are not paid by the subscriber and the procedures and principles pertaining thereto.
CHAPTER FIVE Notified Bodies and Market Surveillance Notified bodies, market surveillance ARTICLE 53– (1) Relevant provisions of Law no. 4703 shall be applicable in subjects such as; the conformity of equipments within the scope of this Law to relevant safety requirements and technical regulations to be published by the Authority, obligations of manufacturers and distributors regarding these issues, the Authority's terms of reference in market surveillance for such equipments and the responsibilities of notified bodies assigned by the Authority. (2) The Authority, when deems necessary in terms of market surveillance activities, may utilize from the facilities of testing, examination and/or certification bodies which do not take part in conformity assessment processes of the equipment subject to surveillance; and it may put its own laboratory facilities to the service of those who demand for a fee and within procedures and principles defined under its own authority. The final decision on market surveillance is given by the Authority. If it is detected that the equipment is unsafe, testing and inspection charges shall be defrayed by the manufacturer. (3) The Authority shall dispose or have third parties to dispose the electronic communication devices wholly or partly according to the risks they bear where it is impossible to make these devices safe and the expenses shall be defrayed by the manufacturer. (4) The Authority regulates the procedures and principles pertaining to the notified bodies and market surveillance as per Law no. 4703 and the relevant technical regulations.
Certificate of competency ARTICLE 54– (1) Real persons or legal entities without certificate of competency issued by the Authority shall not provide measurement and inspection services. (2) The Authority regulates the procedures pertaining to the implementation of this Article as well as the charges for certificate of inspection competency.
Equipments with electronic identity register ARTICLE 55– (1) Unless permitted by the Authority, specific information including subscriber's identity and communication data or electronic identity used for identifying the equipment shall not be reconfigured, altered, reproduced or distributed for any reason. (2) It is strictly prohibited to import, manufacture, distribute, present and keep any equipment, boards, tools and materials whose electronic identity has been changed and any kind of software, tools or equipment used for changing electronic identity shall not be imported, manufactured, distributed or mediated. (3) All kinds of equipment, boards, tools and materials whose electronic identity have been changed and any kind of software, equipment or materials used for changing electronic identity shall be confiscated as per provisions of Article 127 of Code of Criminal Procedure no. 5271 dated 4/12/2004.
Safety of subscriber and equipment identity register ARTICLE 56 – (1) Without authority and consent, specific information including subscriber's identity and communication data as well as any kind of software, board, tool and material which has the equipment's electronic identity shall in no way be copied, kept, distributed or used for taking advantage on one's own or by third parties. (2) False information and documents shall not be presented to the operator or the agency acting on behalf of the operator regarding subscriber information during subscription procedures. (3) Subscription shall not take place until the copy of required identity cards are presented to the operators or the agency acting on behalf of the operator. (4) Procedures and principles pertaining to the subscription shall be determined by a regulation of the Authority.
Technical conformity ARTICLE 57– (1) Operators are not entitled to provide electronic communications services to lost, smuggled or stolen equipments. Nevertheless, original equipments that are registered to the CEIR and whose electronic identity have been copied, shall be put into service on condition of being used solely with the matched subscriber numbers. (2) Operators are obliged to ensure the compatibility of their EIR systems with the Authority's CEIR and to ensure the security and reliability of the technical infrastructure and the system for continuous operations in order to prevent the connection of illegal equipments, mentioned in the above paragraph, to their communications systems.
Call Center ARTICLE 58– (1) The Authority may establish a call center for the procedures necessary for the pursuance of its duties assigned by this Law. It may either operate such a center on its own or have third parties to operate it. Subscriber whose communication equipment has been registered in the electronic identity systems of the Authority shall first apply to call center for disconnection request of his/her equipment from electronic communications network if his/her communication equipment has either been stolen, despoiled, lost or whatsoever out of his/her hand without his/her consent.
CHAPTER SIX Inspection, Authority's Authority and Administrative Sanctions PART ONE Inspection Inspection ARTICLE 59– (1) The Authority shall be entitled to inspect or to have third parties inspect real and legal persons which are engaged in electronic communications sector, pertaining to the tasks prescribed by this Law on its own motion or upon notification or complaint. The Authority may carry out or have third parties carry out examination and inspections in situ, when it deems necessary whilst performing its tasks assigned to it by this Law. Administrative chiefs, law enforcement officers and the chiefs and officers of other public corporations are obliged to make due contribution and any kind of assistance to officials in charge of examination or inspection. Officials in charge of examination or inspection are obliged to keep a certificate of competency indicating the subject and the purpose of inspection and the administrative fine to be imposed in case of giving misinformation. (2) Officials in charge of inspection shall, in the presence of the entities or their facilities which are subject to inspection, be entitled to examine all kinds of documents and assets including the registers, data stored in electronic environment, electronic communications infrastructure, equipments, systems, software and hardware; to take copy or sample, to request verbal or written explanation pertaining to the subject, to take necessary minutes and to examine the facilities and the operation thereof. Operators subject to inspection shall be obliged to take necessary measures so as to make any kind of assistance to the in-charge officials, to meet their requests regarding the abovementioned issues within due time, to keep their equipments, systems, software and hardware available for the inspection, to provide the infrastructure necessary for inspection and to take precautions for keeping such infrastructure in operating condition. Penal sanctions in accordance with this Law and the provisions of relevant legislation shall be imposed for those who act in otherwise direction. (3) The Authority, whilst performing its tasks assigned to it by this Law, shall be entitled to request information and documents which it deems necessary for the performance of its tasks from public corporations and institutions, real and legal persons. The Authority may request personnel qualified in inspection from other public corporations and institutions, when necessary. (4) The Authority may have the operators inspected within the prescribed principles. Authorized agencies and independent inspection corporations shall be responsible for the conformity of information, documents, reports and financial tables to this Law and to the provisions of the legislation and for the accuracy, examination and inspection of the accounts in accordance with generally accepted inspection procedures and principles. Such agencies shall be responsible for losses that which may arise due to misinformation, misleading information and convictions in their inspection reports and for losses which lead to the detriment of third parties due to their activities performed as per this Law. (5) Officials who are employed for inspection activities of the Authority shall be issued certification proving that they are authorized to act as independent inspectors in electronic communications sector, when their commissions are expired in the Authority. As long as such officials keep their status of not being deposed from their official duties due to criminal or disciplinary proceedings and as long as they meet the requirements laid down in sub-clauses no. (1), (4), (5) and (7) of paragraph (A) of Article 48 of State Officials Act no.657 dated 14/7/1965, they shall be entitled to act as independent inspectors in electronic communications sector after resigning from their position in the Authority. (6) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority by a regulation.
PART TWO Competence of Authority and Administrative Sanctions Competence of Authority and Administrative Sanctions ARTICLE 60– (1) The Authority shall be entitled to monitor and inspect the adherence to the legislation, right of use and other authorization requirements; to charge operators with administrative fine with the amount up to three percent of the previous calendar year's net sales in case of non-adherence, to take necessary measures for the enforcement of national security, public order or public services properly and for the implementation of provisions enacted by laws, if necessary to take over facilities in return for compensation and to revoke the authorization in case of a gross fault or in case the authorization fee is not paid in due time. Nevertheless, the Authority shall take the opinion of the Ministry in instances where authorizations regarding electronic communications services which cover the utilization of frequency bands allocated in national scale and which need to be provided by a limited number of operators, are need to be revoked. (2) In case that the operator has just been engaged with electronic communications services, considering the criteria such as the quality of breach, whether any profit has been gained as a result of the breach, good will and voluntary declaration, the Authority shall be entitled to impose administrative fine with an amount from one thousand Turkish Liras up to one million Turkish Liras and other administrative sanctions prescribed in this Law, within the procedures and principles to be determined beforehand by the Authority. (3) As regards the requirements of public service and, with a view to protect the public order the Authority shall be entitled to abort the operator's activities temporarily or to impose on operator to implement concrete measures in order to remedy the breach in instances determined beforehand by by-laws (4) Natural persons and legal entities signing subscriber contract with any operator providing electronic communications services shall be entitled to grant such services to third parties in return for due charges or free of charge, as is due for their activities. Subscribers shall not offer the services they utilize to third parties for commercial purposes. Subscriber contract of those who act in contradiction shall be annulled. (5) In instances where the operators do not make due notifications regarding their electronic communications facilities or where construct their facilities without safety certificate or where electromagnetic field intensity is found in non-conformity with the limit value set by the Authority after measurements carried out by the Authority or by the agencies authorized by the Authority; the owners of such facilities and equipments shall be charged with administrative fine for each equipment separately, with the amount of fifty times of license charge prescribed in the tariff of charge attached to this Law. Provisions of this Article shall be applicable for also those who are exempted from radio license and annual utilization fees as per second paragraph of Article 46 of this Law. Administrative fines as per this paragraph may also be imposed by provincial organizations of the Authority. (6) In cases where the first paragraph of Article 53 of this Law is breached, administrative fines prescribed for distributors, manufacturers and notified bodies in Article 12 of Law no. 4703, shall be imposed in an incremental manner starting from the fine amount up to four times thereof. (7) The perpetrator who acts in defiance of the first paragraph of Article 57 of this Law shall be punished with administrative fine from ten thousand Turkish Liras to twenty thousand Turkish Liras per each equipment; perpetrator who acts in defiance of the second paragraph shall be fined with the amount up to ten million Turkish Liras. ( The Authority is entitled to impose administrative fines as per this Article. (9) Considerations regarding the implementation of this Article and the administrative fines to be imposed in case of operators' failure to perform their obligations as per this Law shall be regulated by by-laws enacted by the Authority.
Imposing and collection of administrative fines ARTICLE 61– (1) Administrative fines imposed by the Authority are subject to the provisions of Law no. 6183 and shall be paid to Authority accounts within thirty days as of the notification date. Fines which are not paid within such period shall be collected by the relevant tax office upon notification of the Authority as per provisions of Law no. 6183. Administrative Jurisdiction Procedures Law no. 2577 dated 6/1/1982 shall be applied regarding the lawsuits to be filed against administrative fines imposed by the Authority. (2) The whole amount of the collected administrative fines shall be transferred to Authority accounts.
Right to sue ARTICLE 62– The Council of State shall trial the lawsuits filed against the activities of Authority on the sector, as the court of first instance. The Council of State deems such lawsuits immediate actions. Decisions of the Board shall not be subject to the expediency inspection in the administrative inspection of the Authority. (2) No warranty shall be requested for lawsuits filed by the Authority.
CHAPTER SEVEN Penal Provisions Penal provisions ARTICLE 63– (1) Judicial fine for a term of thousand to ten thousand days shall be imposed for operators who provide electronic communications services and/or construct and/or operate associated facilities in defiance of the Article 9 of this Law without notifying the Authority. (2) Judicial fine for a term of five thousand days to fifteen thousand days and imprisonment up to six months shall be imposed for the operators who provide electronic communications services and/or construct and/or operate associated facilities in defiance of Article 9 of this Law without holding the right of use. (3) In instances where the personnel of any operator authorized to provide electronic communications services commit offense against the secret life and the secret parts of life regulated under Book Two, Chapter Two, Part Nine of Turkish Criminal Act no. 5237 dated 26/9/2004, sentences prescribed within this part shall be imposed. However, the punishment shall be multiplied by one as per Article 137. (4) Judicial fine up to two thousand days shall be imposed for perpetrators who sell, construct, operate and utilize radio equipments or systems which are subject to permission and license for construction and utilization, in defiance of Article 37 of this Law without taking approval of the Authority. Perpetrators who utilize such equipments for the violation of national security even if they retain the required permits, shall be imprisoned for a term of six months up to one year and a judicial fine up to ten thousand days, unless their actions do not necessitate a more serious punishment. (5) Judicial fine not less than one hundred days shall be imposed in instances where the persons authorized, permitted and allocated by the Authority commit; a) Not taking measures within due time determined by the Authority, for the remedy of contradiction which they have caused by constructing , operating, changing physical location, frequency and other technical characteristics in defiance of the Institute regulations and radio license and by utilizing such systems out of purpose, b) Not taking measures within due time determined by the Authority, for the remedy of electromagnetic interference or jamming factors when detected on other electronic communications systems in whatsoever manner, which they have caused by operating radio systems in defiance of the prescribed techniques and procedures set forth by the Authority regulations. (6) Perpetrators who communicate by means of coded or cryptographic communication or who enable such communication in defiance of Article 39 of this Law shall be punished by judicial fine from five hundred days up to one thousand days. (7) Judicial fine from one thousand days up to five thousand days shall be imposed for the perpetrators when it is detected that equipments which were returned to the manufacturer, distributor or user by the Authority so as to be disposed have supplied to market or used in defiance of third paragraph of Article 53 of this Law. ( Judicial fine up to five thousand days shall be imposed for perpetrators who act in defiance of Article 54 of this Law. (9) Judicial fine from one thousand days up to fifteen thousand days shall be imposed for perpetrators who act in defiance of the first and second paragraphs of Article 55 of this Law. (10) Perpetrators who act in defiance of the provisions of first paragraph of Article 56 of this Law shall be punished with judicial fine from one thousand days up to five thousand days, perpetrators who act in defiance of the provisions of the second paragraph shall be punished with judicial fine from twenty days up to one hundred days and perpetrators who act in defiance of the provisions of third paragraph shall be punished with judicial fine from one hundred days up to five hundred days. (11) In case the misdemeanors identified under this Article have been committed within the activities of a criminal organization, the amount of fines shall be increased by the half of fine amount. If the committer of misdemeanor is a legal entity, it shall also be subjected to specific security measures described in Law no. 5237.
CHAPTER EIGHT Final Provisions Notification ARTICLE 64– (1) Notifications of Ministry and the Authority to be conveyed to the persons concerned as per this Law shall be issued in accordance with the provisions of Notification Law no. 7201 dated 11/2/1959.
References and implementation ARTICLE 65– (1) References attributed to Telegraph and Telephone Law no.406 dated 4/2/1924 and to Radio Law no. 2813 dated 5/4/1983 in the other legislation pertaining to the service fields, as well as references attributed within the own entity of such Laws shall be deemed as being attributed to this Law. (2) Provisions of other laws which contradict with this Law shall not be applicable. (3) The expressions of "Telecommunication Authority" , and "Telecommunication Board" mentioned in the other laws and regulations refer to "Information and Communication Technologies Authority" and "Information and Communication Technologies Board" .
Abolished provisions ARTICLE 66– (1) Of the Law no. 406; except for paragraph one, paragraph seven and the first sentence of paragraph nine of Article 1; Supplementary Articles 17, 19, 21, 22, 23, 24, 28, 29 and 30; paragraph four and paragraph six of Supplementary Article 32, Supplementary Article 33; second paragraph of Supplementary Article 35; Supplementary Articles 36, 37; provisional clause 3, Articles 35 and 36 have been abolished together with the annexes and amendments thereof. (2) Provisions of Law no. 2813; except for Article 5, Article 8 and paragraph one, paragraph two, paragraph three, paragraph five of Supplementary Article 2 and Articles 35 and 36 have been abolished together with the annexes and amendments thereof. (3) Telegraph and Telephone Law no. 4502 dated 27/1/2000, Law on the Organization and Duties of the Ministry of Transportation, Radio Law, Law on Saving and Aid Fund of Post, Telegraph and Telephone Administration and Article 26, provisional clause 1, provisional clause 5, provisional clause 6, provisional clause 7, and provisional clause 8 of Law on Amendments to the Schedules annexed to Decree Law on General Staffing and Procedures have been abolished. (4) Provisional clause 1, provisional clause 2 and provisional clause 4 of Law on Amendment to the Law on the Organization and Duties of the Ministry of Transportation and Telegraph and Telephone Law no.4673 dated 12/5/2001, Law on Saving and Aid Fund of Post, Telegraph and Telephone Administration have been abolished.
Amended provisions ARTICLE 67– (1) This paragraph amends the Law no.406. Amendments are issued in the related text. (2) This paragraph amends the Law no.2813. Amendments are issued in the related text. (3) Additional articles have been annexed to the Law no. 3348. "Expert and Assistant Expert of Transportation and Communications ADDITIONAL ARTICLE 2 – Experts and Assistant Experts of Transportation and Communications are employed under the body of main service units of the Ministry's central organization. In order to be appointed as Assistant Expert of Transportation and Communications, besides meeting general requirements stipulated in Article 48 of Law no. 657 the following requirements must also be met: a) To graduate from faculties which will be determined by the regulation, of law, political sciences, economy, business administration, economics and administrative sciences, communications, science; faculty of science and letters or faculty of engineering of the universities giving four years of graduate study at least, or from higher education institutions abroad whose equivalency to such departments are approved by Higher Education Board, b) To get minimum (D) grade from Public Personnel Language Examination in terms of one of the foreign languages at least, determined by the regulation, c) To be successful in the competition examination, d) Not to be over thirty as of the first day of January of the year when the examination took place, Personnel appointed as assistant experts as per paragraph two, shall be entitled to enter in the qualification test on condition of having worked minimum three years actually, possessing good qualification record every year and their specialization thesis, whose subject will be determined by the units to employ them, are approved by thesis jury. Those who succeed in qualification test shall be appointed in Expert of Transportation and Communications positions. Personnel who have not succeeded in qualification test, who have not entered in test without reasonable excuse despite having the right to enter, whose specialization thesis have not been approved or who possess poor qualification record shall lose the title of Assistant Expert in Transportation and Communications and be appointed to other positions in accordance with their qualifications. Procedures and principles pertaining to the competition, thesis preparation and qualification tests of Assistant Expert in Transportation and Communications and pertaining to the working and education of Experts in Transportation and Communications and Assistant Experts of Transportation and Communications as well as the related issues shall be determined by a regulation. ADDITIONAL ARTICLE 3- Positions laid down in the annexed table no. (III) have been abolished and the appendix to Decree Law on General Staffing and Procedures Thereof no. 190 dated 13/12/1983 has been removed from the table of Ministry of Transportation; positions laid down in the annexed table no (IV) have been created and annexed to the table no. (I) which is appendix to Decree Law no. 190, to the part pertaining to the Ministry of Transportation. (4) The following provisional Article has been annexed to the Law no. 3348. "PROVISIONAL ARTICLE 6- As of the date when this Law entered into force, among personnel who work in the Ministry and the relevant organizations and affiliated institutions to the Ministry as being subject to the Law no. 657, who are not over the age of forty five, whose last three year's qualification grade is eighty and more, who meet the education requirement to enter in the Assistant Experts of Transportation and Communications examination and who apply within one month after the Regulation to be enacted by the Ministry of Transportation as per additional Article 2 enters into force; those who have served minimum five years shall be appointed to Expert of Transportation and Communications positions within one year at most according to success rating as long as they meet the foreign language requirement prescribed in the Additional Article 2 and as long as they have succeeded in oral and written examination to be opened as per provisions of the mentioned regulation, with a stipulation that their number do not exceed one fifth of the created Experts of Transportation and Communications positions; those who have served minimum three years shall be appointed to Assistant Experts of Transportation and Communications positions within one year at most according to success rating as long as they meet the foreign language requirement prescribed in the Additional Article 2 and as long as they have succeeded in oral and written examination, with a stipulation that their number do not exceed one fifth of the created Assistant Expert of Transportation and Communications positions. Those appointed to Transportation and Communications Assistant Expert positions in the abovementioned manner shall be subject to the provisions pertaining to the "qualification exam" as per Additional Article 2 of this Law. Personnel who work in administrative positions superior to the head of department in the Ministry at the time when this Law is in force, shall be deemed as having acquired the title of Transportation and Communications Expert." (5) Of the Law no. 657; a) The expression "Assistant Experts of Transportation and Communications" has been annexed to clause (11) of paragraph (A) under "Common Provisions" part of Article 36 after "Assistant Experts of Culture and Tourism"; and "Expert of Transportation and Communications" has been annexed after "Expert of Culture and Tourism", b) The expression "Experts of Transportation and Communications" has been annexed to clause (i) of "A-Specific Service Compensation" part under "II-Compensations" chapter of Article 152, after the expression "Experts of Culture and Tourism", c) The expression "Experts of Transportation and Communications" has been annexed to clause (h) of "General Administration Services Class" part of Annex Indication Table no. (I) after the expression "Experts of Culture and Tourism." (6) The name of Law no. 5369 has been amended as "Universal Service Law" and of this Law; a) The expression "in electronic communications sector" in Article 1 has been amended as "in electronic communications sector and other fields laid down within the scope of this Law", b) "Authority", "Universal service", "Incumbent Universal Service Provider" and "Operator" definitions in Article 2 have been amended as follows and the following "Infrastructure", "Maritime communications services", "Operator of passenger transportation by sea" and "Navigation safety communications services" definitions have been annexed in turn in order after the definition of "Operator", "Authority means Information Technologies and Communications Authority, Universal service means electronic communications services including internet access and other services to be determined within the scope of this Law, which are accessible by anyone within the borders of Turkish Republic disregarding geographical position and which will be offered in pre-determined quality and minimum standards in return for a reasonable charge that anybody can afford, Incumbent Universal Service Provider means any operator in electronic communications sector who has been authorized by the Authority as per relevant legislation and who is liable to provide services within the scope of this Law, Operator means the operators authorized by the Authority or other relevant authorities according to the relevant legislation, responsible for services taken under the scope of this Law, Infrastructure means any kind of outfit, equipment, computer, software and hardware used first of all for the purpose of creating a physical environment when necessary, for enabling service so as to provide universal service, Maritime communications services mean communications services conducted as transmission of sound and data between ship-land and ship-ship by using radio systems via coast radio stations, Operator of passenger transportation by sea means any operator, who carries out the passenger transportation between mainland and the island upon receiving line permit from the Undersecretariat of Maritime Affairs, Navigation safety communications services mean radio broadcast services as sound and data transmission so as to ensure safe navigation of any kind of marine vessels," c) The following paragraph has been annexed to Article 4, "Incumbent Universal Service Provider is not necessarily requested for the extensity of information technologies, internet infrastructure and the purchase and assembly of infrastructural equipment which are necessary for terrestrial digital broadcasting and for passenger transportation provided by sea." ç) The expression "Basic" in clause (e) of the first paragraph of Article 5 has been removed from the Article text; clause (f) has been amended as "passenger transportation services to settlements where transportation is provided by sea" and clause (g) has been annexed after this clause, "g) Maritime communications and navigation safety communications services," d) Clause (a) of first paragraph of Article 6 has been amended as "Undersecretariat of Treasury, until the end of the month following the date when 2% of the authorization fee due to authorizations issued by the Authority is settled to its accounts", clause (b) has been amended as "Türk Telekom and operators other than those who are obliged to pay Treasury contribution, 1% of the annual net sales revenue, until the end of April of the following year; the operators, despite of the obligation to pay Treasury contribution due to their activities, who also carry out services which do not require the payment of Treasury contribution, 1% of the annual net sales revenue, until the end of April of the following year". Clause (c) has been amended as "Operators who are obliged to pay Treasury contribution, 10% of the contribution, within the month of settlement", and the expression "as per Telegraph and Telephone Law no. 406 dated 4.2.1924 and Radio Law no. 2813 dated 5.4.1983" in paragraph (d) has been removed from the Article text, e) Second sentence of the first paragraph of Article 7 has been amended as "However, in calculation of the universal service net cost, the evaluation must be carried out considering the other revenues that the operators will earn for being Incumbent Universal Service Provider" and the following paragraph has been annexed to this Article. "The requirements of net cost and being a Incumbent Universal Service Provider stipulated in this Law shall not be requested for the purchase of; infrastructure services towards the dissemination of information technologies with a view to contribute to the development of information society including computer literacy and purchase of infrastructure services towards the provision of digital broadcasting, which is provided by various broadcast mediums and technologies, by terrestrial digital transmitters in a manner to cover all the settlements in our country and the purchase of similar facilities which necessitate the installation of specific infrastructure." f) The following additional article has been annexed to Law no. 5369. "ADDITIONAL ARTICLE 1- In the implementation of clause (b) of first paragraph of Article 6 of this Law regarding the universal service revenues, time-based proportional share principle shall be applied as of the start and termination date of the authorization, in determination of the annual net sales revenue of the operators. The date of 25/6/2005 shall be taken as basis in the implementation of abovementioned provision and of the exception provision regulated under the second paragraph of Article 7 of this Law." (7) The following paragraph "The Presidency may object to the judicial decisions which are sent thereto for the execution of procedures, as per provisions of Code of Criminal Procedure no. 5271 dated 4/12/2004" has been annexed to Article 8 of Law no. 5651 as paragraph thirteen and to the mentioned Law; a) The following additional article has been annexed. "ADDITIONAL ARTICLE 1- (1) Fundamental and continuous tasks and services imposed on Telecommunications Communications Presidency are performed by occupational personnel and other staff consisting communications chief expert, communications expert, technical expert, administrative expert and communications assistant expert, technical assistant expert and administrative assistant expert. In the Presidency: Personnel working in president, head of department, consultant and occupational personnel positions must be graduated from faculty or departments of electronic, electric-electronic, electronic and communications, industry, physics, mathematics, computer, telecommunications and business administration engineering for engineering field; faculty or departments of political sciences, economics and administrative sciences, economy, law, business administration and communication for social sciences field or from faculties abroad whose equivalency to the abovementioned faculties or departments are approved by the notified bodies; or besides graduating from the specified departments, they must have studied for master's degree or doctorate in the mentioned fields, personnel working in expert titled positions must have bachelor's degree, other personnel must be graduated from high school or the equivalent, at least. Those graduated from Security Sciences Faculties may also be appointed to head of department positions. Of the Presidency personnel; heads of departments shall be appointed by the Board upon the proposal of Telecommunications Communications President and the assent of Chairman of the Board; other personnel shall be appointed by Chairman of the Board upon the proposal of Telecommunications Communications President. (2) In order to be assigned as assistant experts, it is a must to graduate from faculty or departments laid down above, to enter central competition examination, to know at least one of the specified foreign languages in required level, not being over thirty as of the first day of January of the year when the Authority examination took place and to be successful in such examination. (3) Personnel, who work as assistant experts, on condition of having worked three years at least and possessing good qualification record, may be appointed as communications expert upon the approval of their thesis. Such personnel's degree of office shall be promoted one grade for only once. Personnel who fail in thesis justification and in qualification exam twice times shall loose the title of assistant expert and be appointed to positions according to their qualifications. (4) Other provisions pertaining to the entrance and qualification tests, working procedures and principles of experts and assistant experts shall be determined by the Authority regulation. (5) Positions listed in this Law and the annexed table no. (V) have been created and annexed to the list no. (I) which is the appendix to Law no 5651, in order to be employed in the services of Telecommunications Directorate." b) The following provisional article has been annexed. "PROVISIONAL ARTICLE 2- Among the personnel working in Telecommunications Directorate positions who meet educational requirements prescribed in Additional Article 1 may be appointed as communications experts within five years as of the publication date of this Law, on condition that they have completed three years of public service, they received minimum 60 from Public Personnel Language Examination or the equivalent grade from internationally accepted examinations, and on condition that their thesis is approved. Among such personnel, those who have been assigned in other public corporations and institutions by succeeding in competition examinations in line with the specific legislations thereof, and who have been appointed as occupational career personnel upon succeeding in the qualification test and approval of the thesis, may be appointed as communications experts as long as they meet the requirement for foreign language; and among such personnel who have completed master's or doctorate studies may be appointed directly as communications experts as long as their master's or doctorate theses are determined to be relevant with the fields of duty of the Authority or the Presidency, and of such personnel who have bachelor's degree may be appointed as communications experts, on condition of meeting foreign language requirement. (2) The personnel of Telecommunications Directorate, who have bachelor's degree may be appointed as technical expert or administrative expert in accordance with their educational background within five years as of the publication date of this Law, on condition of completing three years of public service, meeting the requirements prescribed in the regulation to be enacted and being approved of their thesis or having graduate or doctorate degree." Implementation PROVISIONAL ARTICLE 1 – (1) Until the enforcement of regulations suggested by this Law, provisions of the current regulations which are not contrary to this Law shall continue to be implemented. The Authority may authorize as per the current legislation, until the provisions laid down in Chapter Two Part One of this Law regarding authorization enter into force. The operators shall continue to retain the rights of way which they hold in accordance with the relevant legislation, until the enforcement date of this Law. (2) The provision of Article 61 shall be applied for administrative fines which have not been collected yet and which were decided by the Authority before the enforcement of this Law. Transitional period for existing authorizations PROVISIONAL ARTICLE 2 – (1) Operators who were authorized by telecommunication license or general authorization before the enforcement of this Law shall be regarded as having notified the Authority as per this Law and having received the right of use which is limited with the duration of their authorizations, when required. (2) Authorization and concession agreements signed with the Authority before the enforcement of this Law shall continue to be valid as per their current provisions until their termination due to their expiration, annulment, cancellation of the agreement or in case of a termination for any other reason whatsoever. Definitions in the last paragraph of Article 1 of Law no. 406 shall continue to be valid for the implementation of such paragraph regarding the subject of the relevant agreement. (3) The right of use of sources for which the Authority has granted permission for the installation and utilization of systems shall continue to be valid for electronic communications services which were not subject to authorization before the enforcement of this Law. Renewal of radio licenses PROVISIONAL ARTICLE 3 – (1) Except from public corporations and institutions which use radio equipments and systems in accordance with the authority granted by specific laws; public corporations and institutions, natural persons and legal entities which have been using radio equipments and systems before the enforcement of this Law shall apply to Authority within six months as of the publication date of regulation specified in Article 37 of this Law, with the necessary documents and make their situation appropriate for this Law. (2) The Authority, upon examining the situations of abovementioned public corporations and institutions, natural persons and legal entities shall renew the radio licenses of those which it deems suitable. The Authority shall revoke the licenses of those which are not suitable and who have not applied in due time. (3) Except from the receivables accrued within the operators' liabilities to collect and to pay to the Authority as per their authorizations and specific protocols regarding the collection of radio usage and license fees within the frame of Law no.2813; the collection of the Authority's receivables; which have not been collected whatever the amount is or the collection of which is impossible whatever the ground is, which have accrued due to the equipments of radio installation and systems that are utilized by administrations included in the scope of general budget, supplementary budgeted administrations, special provincial administrations, municipalities and village legal entities and which have arisen due to the implementation of Law no. 2813 before the enforcement of this Law; as well as the receivables and accessory receivables with the amount of one hundred fifty Turkish liras and the less which have accrued for all kinds of equipments of radio facilities and systems that are utilized by natural persons or legal entities except from those which have been finalized by adjudication shall be deemed as renounced without the need for any procedure. Legal procedures and trials filed for such receivables shall be cancelled.
Task agreements and transfer PROVISIONAL ARTICLE 4– (1) The task agreement signed between the Authority and the Directorate General of Coastal Safety shall be deemed as annulled without the need for any procedure; and services defined under such task agreement and the tasks imposed on the Directorate of Radio Operation by this Law shall continue to be implemented without being subject to any authorization. Directorate General of Coastal Safety shall continue to be regarded as universal service obligator operator within the scope of Law no. 5369. (2) All rights, receivables, debts, agreements, commitments and liabilities of the Authority and executive proceedings and follow-up lawsuits that are filed in favor of or against the Authority pertaining to the tasks and works which were transferred to the Directorate of Radio Operation in accordance with Articles 42 and 43 of this Law, shall be transferred to the Directorate of Radio Operation within six months as of the enforcement of this Law upon protocols held between the Directorate General of Coastal Safety and the Authority. All kinds of assignment, transfer and transition procedures regarding such transfer and all kinds of contracts, protocols or papers to be arranged in accordance therewith shall be exempted from financial obligations such as duty, charge and taxes including value added tax and stamp tax.
Updating of subscriber registries PROVISIONAL ARTICLE 5– (1) All subscriber registries kept by the operators which provide GSM mobile telephone services, shall be updated within one year as of the publication of this Law so as to ensure that the registries comprise appropriate, correct and updated information. Within this scope, subscribers whose information and documents are faulty or deficient shall apply to the operator with their identity cards within such period. During application, individual subscribers shall be requested Turkish Republic identity numbers and corporate subscribers shall be requested taxpayer identification numbers in addition to the copy of their identity cards. Electronic communications network connection of the lines whose information has not been updated as per this article shall be cut off. (2) End users identified in this Law are entitled to sign subscriber contract with the relevant operator in order to register the lines they use, on their name within the specified period and for only once, without being subject to any financial liabilities such as tax, duty and charge. The rights of former subscribers of the mentioned lines to object such procedure within one year of prescription period are legally guaranteed. (3) Regulations pertaining to the implementation of this Article shall be set forth by the Authority.
Enforcement ARTICLE 68 – (1) Provisions in Chapter Two Part One of this Law regarding authorization shall enter into force in six months after the publication of the Law, other provisions shall enter into force on the date of publication of the Law.
Execution ARTICLE 69 – (1) Council of Ministers shall execute the provisions of this Law.
1. RADIO LICENSE FEES
a. Radio transmitter-receiver equipments (per each terrestrial equipment, registered in license)
1) Mobile radio (Vehicle/mobile/hand) 20.00 TL 2) Repeater (fixed/mobile) radio 100.00 TL 3) Fixed radio 50.00 TL b. Terrestrial mobile (cellular) radio telephone system
1) Per each base station 100.00 TL 2) Per each subscriber in the system 10.72 TL c. Point to multipoint access systems
1) Per each base station 100.00 TL 2) Per each subscriber in the system 10.00 TL d. Common used (trunking, community repeater and so forth) radio systems (per each equipment registered in the license)
1) Per channels of central station or repeaters 50.00 TL 2) User radio equipments (per equipment)
a) Fixed radio equipment 25.00 TL b) Mobile radio (Vehicle/mobile/hand) 10.00 TL e. Radiolink systems
1) Per each equipment in the system 100.00 TL f. Satellite broadcasting and communications systems (except from those used as mounted in maritime vessels and aircrafts)
1) Per satellite (space) station transponder 10,000.00 TL 2) Fixed satellite main land station 1,000.00 TL 3) Fixed satellite land terminals 50.00 TL 4) Mobile satellite land terminals 40.00 TL 5) Mobile satellite subscriber terminals (receiver/transmitter) 25.00 TL 6) Data satellite receiver 10.00 TL 7) Satellite mobile (cellular) radio telephone subscribers' equipments (per equipment) 15.00 TL 2. RADIO USAGE FEES ( PER YEAR)
a. Terrestrial Radio Systems
1) LF, MF and HF radio systems (per channel in each equipment registered in the license) 100.00 TL 2) Terrestrial VHF, UHF and SHF radio systems
a) Per fixed and mobile radio equipment in the system, separately for each frequency allocated channel (Each 12,5 kHz bandwidth is accepted as a channel.)
1) Per each simplex channel 10.00 TL 2) Per each simplex role channel 20.00 TL 3) Per each duplex channel 30.00 TL 4) Per each duplex role channel 40.00 TL b) Per each repeater equipment registered in the license 20.00 TL b. Terrestrial mobile (cellular) radio telephone systems
1) Per each channel (TRx in the station) from each fixed radio (base) station (to be received every year in accordance with bandwidth allocated to system)
a) Up to (including) 200 kHz 40.00 TL b) Between (including) 201 kHz-1.25 MHz 125.00 TL c) Between (including) 1.25-5 MHz 500.00 TL d) Higher than 5 MHz 1,200.00 TL 2) Per each subscriber in the system 10.72 TL c. Point to multipoint access systems from single spot (per each year) according to bandwidth of channel frequency assigned to the system
1) From each fixes radio (base) station (to be received each year according to bandwidth allocated to the system)
a) Including 2 MHz 40.00 TL b) 2 MHz-7 MHz (included) 80.00 TL c) 7 MHz-28 MHz (included) 160.00 TL d) 28 MHz-56 MHz (included) 320.00 TL e) 56 MHz-140 MHz (included) 640.00 TL f) 140 MHz-250 MHz (included) 1,280.00 TL g) 250 MHz and over 2,560.00 TL 2) Per each subscriber in the system 10.00 TL d. Common used (trunking, community repeater and so forth) radio systems
1) Per channels of central station or repeaters 40.00 TL 2) In user's radio equipments (per equipment)
a) Per each simplex relay channel 20.00 TL b) For each simplex channel (per equipment) 10.00 TL e. Radiolink systems, (for each year) per equipment according to bandwidth of channel frequency allocated to the system
1) Including 2 MHz 8.00 TL 2) 2 MHz-7 MHz (included) 24.00 TL 3) 7 MHz-28 MHz (included) 48.00 TL 4) 28 MHz-56 MHz (included) 96.00 TL 5) 56 MHz-140 MHz (included) 192.00 TL 6) 140 MHz-250 MHz (included) 640.00 TL 7) 250 MHz and over 1,280.00 TL f. Satellite broadcasting and communication systems (except from those used as mounted in floating vessels and aircrafts)
1) Per satellite (space) station transponder 10,000.00TL 2) Fixed satellite main ground station 1,000.00 TL 3) Fixed satellite ground terminals 50.00 TL 4) Mobile satellite ground terminals 40.00 TL 5) Mobile satellite subscriber terminals (receiver/transmitter) 25.00 TL 6) Data satellite receiver 10.00 TL 7) Satellite mobile (cellular) radio telephone subscriber equipments (per equipment) 15.00 TL 3. FEES FOR TEMPORARY PERMISSION FOR INSTALLATION AND USAGE OF RADIO
a. Permission fee (for each permission valid for 6 months)
a) Temporary permission fee for trial purposes 500.00 TL b) Temporary permission fee for usage in temporary organizations/activities
1) Broadcasting auxiliary systems (Wireless camera, Video Link, Voice Link, SNG, and so forth) 500.00 TL 2) Other Radio systems 250.00 TL b. License and usage fee for the permitted radio system shall be collected separately. License fee is collected in whole amount. Usage fee is collected in installments. Month fractions are completed to the whole month.
4. CHARGES FOR EXAMINATION OF CONFORMITY TO STANDARDS AND TESTS
a) For samples brought from abroad, prototype equipments manufactured in Turkey and for equipments tested by taking samples from import and manufacturing, whatever the test result is (per equipment)
1) Radio receivers-transmitters 100.00 TL 2) Radio transmitters 50.00 TL 3) Radio receivers 50.00 TL b) For imported and manufactured equipments which are for personal use, whatever the test result is (per equipment)
1) Radio receivers-transmitters 40.00 TL 2) Radio transmitters 20.00 TL 3) Radio receivers 20.00 TL 5. ELECTROMAGNETIC FIELD INTENSITY MEASUREMENTS TOWARDS THE DETERMINATION OF SAFETY DISTANCE, SAFETY AND CERTIFICATES OF COMPETENCY
a. Safety Certificate 25.00 TL b. Measurement upon demand for safety certificate (per measurement) 500.00 TL c. Certificate of Competency for measurement (valid for two years) 1,500.00 TL TABLE NO. (I) OF THE CREATED POSITIONS
AUTHORITY: INFORMATION TECHNOLOGIES AND COMMUNICATIONS AUTHORITY ORGANIZATION: CENTRE
AUTHORITY: MINISTRY OF TRANSPORTATION ORGANIZATION: CENTRE
CLASS TITLE GRADE
QUANTITY GİH Civil Servant 5
7 GİH Civil Servant 7
2 GİH Bailee 5
1 GİH Bailee 10
1 GİH Typist 5
2 GİH Typist 8
1 GİH Typist 9
1 GİH Typist 10
1 GİH Driver 7
3 GİH Driver 10
1 GİH Driver 11
2 TH Engineer 1
4 YH Servant 5
7 YH Servant 6
3 YH Servant 7
16 YH Servant 8
6 YH Servant 9
TABLE NO. (IV)
OF THE CREATED POSITIONS
AUTHORITY: MINISTRY OF TRANSPORTATION ORGANIZATION: CENTRE
CLASS TITLE GRADE QUANTITY OF FREE STAFF OVERALL GİH Expert of Transportation and Communications 1 8 8 GİH Expert of Transportation and Communications 2 7 7 GİH Expert of Transportation and Communications 5 8 8 GİH Expert of Transportation and Communications 6 7 7 GİH Assistant Expert of Transportation and Communications
8 30 30
TABLE NO. (V)
OF THE CREATED POSITIONS
AUTHORITY: INFORMATION TECHNOLOGIES AND COMMUNICATIONS AUTHORITY ORGANIZATION: CENTRE
CLASS TITLE GRADE QUANTITY GİH Assistant Expert of Communications 8 25 OVERALL 25
Last post by admin - January 08, 2010, 03:19:50 PM
LAW ON THE COURT OF ACCOUNTS
Law No. 832
Enacted on: 21/2/1967
Published in Official Gazette on: 27/2/1967 # 12 538
The Functions and Powers of the Court of Accounts
Section 1 – The Court of Accounts shall be charged with auditing, on behalf of the Turkish Grand National Assembly, the revenues, expenditures, and property of the government offices financed by the general and annexed budgets; taking final decision by trying the accounts and acts of the responsible officials; and performing other tasks conferred on it by various laws in matters related to examining, auditing and passing judgement.
Judicial and executive organisation of the Court of Accounts
Section 2- The following shall be the judicial and executive bodies of the Court of Accounts:
a) Chambers b) Board of Chambers c) Board of Appeal d) General Assembly e) High Disciplinary Board f) Board for Officials' Selection and Disciplinary Matters The Court of Accounts shall include the Prosecutor as the representative of the Treasury.
Personnel of the Court of Accounts
Section 3- The Court of Accounts shall consist of:
1. The Professional Personnel:
a) The President, Chairmen and Members of the Chambers b) (Repealed by Section 17 of Law 1260:) c) Rapporteurs, d) Principal Auditors, Senior Auditors, Auditors and Assistant Auditors, 2. Administrative personnel:
a) (Repealed by Section 17 of Law No. 1260) b) Directors, Assistant Directors and employees 3. The Prosecutor and Assistant Prosecutors
Qualifications of the President and Members
Section 4- (As amended by section 3677/1 on 1/11/1990)
The President and the Members of the Court of Accounts are required to have completed a four-year institution of higher education in addition to possessing one of the qualifications listed below:
A. Requirements for the President:
The candidate should previously have served as a/an:
a) Chairman or Member of a Chamber of Court of Accounts. b) Minister, Under-secretary, Assistant Under-secretary or Governor, c) General Director or President of agencies financed by General or Annexed Budgets or other public organisations, d) Chairman of a Ministerial Inspection Board or chairman of the Board of Accounts Experts of the Ministry of Finance and Customs, e) Professor of law, economics, business administration, accounting, public finance or public administration, B. Requirements for Members:
Candidates should previously have served (as a/an):
a) Assistant Prosecutor or Auditor of the Court of Accounts who has successfully worked for four years after being promoted to class one and still holds this position. b) Prosecutor of the Court of Accounts, c) In positions fall within section (4) (A) (b), (c), (d) above, d) (Annex: 4/7/1996 - Section 4149/1) Auditor or inspector attached to the respective central audit units of the Ministries of Finance, Internal Affairs or the Under-secretariat of Treasury, provided that he served twenty years in public service after receiving a BA degree from an institution of higher education.
Election of the President
Section 5- (Amended by Section 4149/2 on 4/7/1996)
The President of the Court of Accounts shall be elected by the Turkish Grand National Assembly by secret ballot(s) from among two applicants who are eligible under annex 8 of this law and have been nominated by the Ad Hoc Committee for Pre-election of the President and the Members of the Court of Accounts.
The President shall be elected by absolute majority of those present, which shall be more than one fourth of the total number of members of the Turkish Grand National Assembly.
The term of office of the President shall be seven years. He may be eligible for re-election at the end of his term. The term of office of the President who has not been elected or has not run for office shall continue until the new President takes office. Notwithstanding the availability of cadres, the President whose term has ended shall continue to serve as a Member of the Court of Accounts, the first Member cadre fell vacant shall be assigned to him.
Election of Members
Section 6- (as amended on 4/7/1996 with Section 4149/3)
Of the total number of seats vacant, three fifths shall be elected from among professional personnel of the Court of Accounts and the remaining shall be elected from among the applicants whose tenure referred to in Section 4 (B) (b), (c) and (d), providing half of the quota at the minimum is given to the staff of the Ministry of Finance. In the application of these proportions, if one remains as a fraction after the whole number, this shall be included in the Court of Accounts' quota, while the remainder is two, then one shall be included in the Court of Accounts' quota and the other in the Ministry of Finance's.
When the number of seats vacant reaches five, within seven days, the Presidency of Court of Accounts shall call an election through the Official Gazette and other means of communication. Applications shall be addressed to the Court of Accounts. The duration of application shall be one month from the fist day of the announcement about the election.
The General Assembly of the Court of Accounts, after having carried out an examination on the records of the applicants, shall elect by absolute majority of those present and by secret ballot four candidates for each vacant seat from among those qualifying in accordance with this law. The election of candidates shall be finalised within thirty workdays following the expiry of the period for application. The Court of Accounts shall submit the results of the election to the office of the Speaker of the Turkish Grand National Assembly within three days following the election. If the election is not completed within thirty workdays, the President of the Court of Accounts shall submit the list of applicants, indicating their quotas, to the Turkish Grand National Assembly. In this case, the election of candidates shall be done pursuant to the following subsection.
Out of the list of applicants reported by the Court of Accounts, candidates amounting to twice the number of vacant seats, within the quota proportions as described in the first subsection of this Section, and in accordance with Annex 8, shall be submitted to the Turkish Grand National Assembly. A combined ballot shall be prepared containing separate lists for each group of candidates showing quota to which they belong. The voting shall be carried out by marking the special space across the names. Those votes exceeding the number of vacant seats shall be considered null and void. Those received the highest number of votes within a quota shall be elected.
Security of tenure of the President and the Members
Section 7- The President and the Members of the Court of Accounts can not be dismissed. Unless they so desire, they can not be retired before the age of 65 (The provision of Section 95 is reserved).
The office of those convicted of an offence that requires dismissal from public service shall be automatically terminated. Those, who are incapacitated for the reasons of health, certified by medical report issued by an official board of health, shall be removed from office by a decision of the General Assembly of the Court of Accounts.
Qualifications and appointment of prosecutors and assistant prosecutors
Section 8- (As amended by Law no. 1260, Section 1) The Prosecutor of the Court of Accounts and his assistants, having received the opinion of the President of the Court of Accounts and upon the proposal of the Minister of Finance, shall be appointed by a joint government decree.
It is required that they be graduates of the following: The Faculty of Law, the Faculty of Political Science, the Faculty of Economics, Academies of Economical and Commercial Sciences or one of the educational institutions in Turkey or abroad whose equivalence to aforesaid schools has been certified by the Ministry of Education and have successfully worked for a period of at least ten years in the fields of finance and economics following the graduation.
Qualifications and appointment of Rapporteurs and Auditors
Section 9- Rapporteurs, principal auditors, senior auditors and auditors shall start their career as an assistant auditor.
The Assistant Auditors shall be appointed by the President of the Court of Accounts from among applicants who are the graduates of the following: The Faculty of Law, the Faculty of Political Science, the Faculty of Economics, Academies of Economical and Commercial Sciences or one of educational institutions in Turkey or abroad whose equivalence to aforesaid schools has been certified by the Ministry of Education, and have passed the competitive examination given for the post.
In order to take the examination candidates must be younger than thirty-one years of age and must have the qualifications as required by Section 48 of the State Personnel Law.
The probationary period is one year at the minimum while the maximum is two at the end of which:
Those who are considered suitable for service, in view of their knowledge, diligence, moral qualities shall be appointed as assistant auditor upon the decision by the Board of Officials' Selection and Disciplinary Matters and approval of the President.
The employment of those found ineligible for the service shall be terminated by the decision of the Board of Officials' Selection and Disciplinary Matters and approval of the President.
The assistant auditors shall be required to attend a vocational course or study.
The classroom and on the job training to be given at the course period; the method and conditions of the study; duration of training; the procedures for and conditions of the final examination and other related matters shall be governed by its specific regulation.
To qualify for the office of auditor one must pass the examination held after the vocational course or study.
The professional personnel of the Court of Accounts and the prosecutor and his assistants shall be entitled to promotion every two years.
Secretary General and his assistants
Section 10- (As amended by Law no. 1260 Section 2) A Member appointed by the President shall serve as the Secretary General.
The Secretary General shall be given, with the approval of the President, maximum three aides from among professional personnel who are at the forth or higher degree on the salary – scale.
Appointment of the Rapporteurs and the auditors
Section 11- (As amended by Law no. 1260, Section 3) The Rapporteurs, Principal Auditors, Senior Auditors and Auditors shall be appointed on the decision of the Board of Officials' Selection and Disciplinary Matters and upon the approval of the President.
Qualifications and appointment of the administrative personnel
Section 12- The qualifications of the Administrative Directors and Assistant Directors, and other employees must fall within the Section 48 of the State Personnel Law. They shall be appointed upon the decision of the Board of Officials' Selection and Disciplinary Matters and approval of the President.
Classification of the administrative personnel
Section 13- The administrative staff shall be classified under the principles laid down in the State Personnel Law.
Board for Officials' Selection and Disciplinary Matters shall be authorised to decide on the promotion to upper grade or next step (on the salary-scale) and for disciplinary and penal proceedings of the administrative personnel, in accordance with the State Personnel Law.
Organisation, functions, responsibilities and powers
of the judicial and executive bodies of the Court of Accounts
Section 14- (As amended by Law no. 3162 Section 1) Chambers shall be account courts, composed of a Chairman and six Members. It shall sit with the presence of the Chairman and four Members and decide by simple majority.
a) shall try and decide on the accounts and acts of those responsible. b) If the President deems necessary, shall express opinion on the statement of general conformity and other reports to be submitted to the Turkish Grand National Assembly. c) shall decide on matters which are sent by the President. In the event of the absence of the Chairman due to reasons of his being on leave, acting as the President or if the office of Chairman is vacant, the most senior member shall act as Chairman of the chamber. The seniority shall be based on the date of election as Member of the Court of Accounts.
Board of Chambers
Section 15- (as amended by Law no. 1260 Section 4) The Board of Chambers shall consist of those chairmen and members other than the ones elected to the Court of Appeal.
The Board shall be presided over by senior Chamber Chairman.
The Board shall convene with at least two thirds of the total number of the members. If the quorum is not reached due to official leave or vacancy, the Chairman of the Board may invite Members from chambers, providing they do not exceed the quota assigned to the Board from each chamber, to maintain the sufficient number for the sitting in question. In the case of tie votes, the Chairman shall have the casting vote.
The Board of Chambers shall formulate the opinion of the Court of Accounts, to be delivered in accordance with Section 105.
The Board shall carry out all other duties and functions as assigned by this Law and decide on matters forwarded by the President to be examined.
The prosecutor may join the Board upon his own initiative or upon invitation of the Chairman of the Board, on condition that he shall not have vote.
Board of Appeal
Section 16- The Board of Appeal shall consist of four Chamber Chairmen elected by the General Assembly of the Court of Accounts and two Members from each Chamber elected by the same Assembly for a period of four years.
Every year, one fourth of the members of the Board shall be renewed. Those cease to be member of the Board may be re-elected.
The Board of Appeal shall be presided over by the senior Chairman.
The Prosecutor shall defend his case before the Board at trial sessions.
(As amended by Law no. 1260, Section 5) The Board shall convene with at least two thirds of the total number of members. If the quorum is not reached due to official leave or vacancy, the Chairman of the Board may invite Members from chambers, providing they do not exceed the quota assigned to the Board from each chamber, to maintain the sufficient number for the sitting in question. For decision majority vote shall be necessary. In the case of tie votes, the Chairman shall have the casting vote.
The Chairman and Members of the Chamber whose decision have been appealed against shall not be entitled to vote.
Members of the Board of Appeal, shall also carry out such duties as assigned under Section 22.
The Board of Appeal shall be the ultimate authority to decide on the writs issued by the Chambers of the Court of Accounts.
Section 17- The General Assembly shall consist of the President, who shall chair the Assembly sittings, the Chambers' Chairmen and the Members.
The General Assembly shall perform the duties conferred on it by this Law, and shall deliberate and decide on the matters laid before it by the President.
The Prosecutor may attend the Assembly sitting either upon his own initiative or upon the invitation of the President, on condition that he shall not have vote.
(As amended on 4/7/1996 by Section 4149/5) The General Assembly shall convene with at least two thirds of its incumbent members present and take decisions by an absolute majority of those present. In case of tie votes, the President shall have the casting vote.
Unification of non-judicial decisions
Section 18- The General Assembly shall deliberate and decide on the matters where:
there is a contradiction between decisions of the Chambers or between two decisions of the same Chamber on the same subject, it is deemed necessary to change a decision, or it is needed to take a decision applicable to all cases of similar nature. During discussions the Prosecutor shall also be present.
Draft bills and proposals of law pertaining to the Court of Accounts
Section-19 It shall be among the duties of the General Assembly to form an opinion on the draft bills and proposals of laws pertaining to the Court of Accounts and prepare regulations governing endorsement (visa) and audit procedures.
Section 20- The prosecutor shall perform following duties:
a) To express his claims and opinion during the stages of examination and trial of the accounts b) To be present and express his opinion in the General Assembly meetings at which the deliberations on the statement of general conformity, and the reports to be submitted to the Senate and National Assembly take place (Turkish Grand National Assembly)*. c) To monitor the execution of rulings entailing disciplinary or punitive actions on the responsible officials. ç) To inform the Ministry of Finance and other authorities concerned in writing, if during the trial of accounts or under other circumstances he becomes aware of the acts of responsible officials which require disciplinary or punitive actions. d) To carry out duties given by the President. e) To express his opinion about the actions to be taken against those accountants who have not submitted their accounts within the time limits prescribed by the law. f) To carry out other duties stipulated by the law.
Functions and powers of the officials of the Court of Accounts
Section 21- The President shall be the highest official of the Court of Accounts and be responsible for its overall functioning. He shall be the chairman of the General Assembly. He may preside over the Board of Appeal and the Board of Chambers, as he deems necessary. He shall arrange the issues to be given to these Boards and chair the debates.
The President shall take all necessary measures to ensure that the Court of Accounts performs all duties it undertakes satisfactorily and that it functions properly.
It shall be the responsibility of the President to assign Chamber Chairmen and Members to the Chambers; to distribute work to the Chambers; to assign duties of auditors and other employees; to form audit groups and to prepare programs relating to accounts to be audited at the headquarters and/or on-the-spot.
The President designates one of the Chamber Chairmen to stand in for him. In the event of no such designation or vacancy, the senior Chamber Chairman acts as President.
Chamber Chairmen and Members
Section- 22 Chamber Chairmen shall be responsible for ensuring that the accounts assigned to their Chambers are tried, minutes and writs related to trials are finalised, and other related work performed.
Members shall examine audit reports, indicate their opinion in writing and perform the other duties prescribed by this Law.
Section- 23 (As amended by Law no. 1260 Section 6) Secretary General shall be the managerial assistant of the President.
The President may delegate some of the duties assigned to him by this Law to the Secretary General to perform on his behalf.
The Secretary General shall, in the name of the President, menage and oversee the audit groups and administrative sections.
The Secretary General shall organise research work, studies and publications related to auditing.
The Secretary General shall participate in the General Assembly and the Board of Chambers in his capacity as a member.
Assistants to Secretary-General shall help him to carry out the duties assigned to him. The distribution of work among the assistants shall be made by the Secretary General.
24- Rapporteurs shall be charged with drafting decisions given, in connection with duties conferred on the Chambers and the Boards by this Law, by the Chamber or the Board to which they are attached, and preparing minutes and writs of the decisions by their Chamber or Board as well as performing all other tasks connected thereto.
Section 25- Auditors shall be responsible for examining accountants' accounts, and final accounts assigned to them by the President or Group Chiefs in the name of the President in accordance with the basis and procedures stated in laws, regulations and circulars; reporting the results to the President; and carrying out other duties assigned to them by this law.
Auditors shall report in writing to the President the provisions of laws, regulations and Government Decrees which they come across during their examinations and appear to be jeopardising the interests of the Treasury in respect of meaning, application or consequences. Such reports are immediately forwarded to the General Assembly by the President, and those which the General Assembly of the Court of Accounts has found worthy of reporting are incorporated into the quarterly reports which are sent to the Senate and the National Assembly. *
The procedures for the examination of accounts by the auditors, for the operation of audit groups; and the functions and powers of the Group Chiefs shall be specified by a directive.
Section 26- The administrative duties pertaining to the functioning of the Court of Accounts shall be carried out by the officials whose cadres are annexed to this law.
The functions of the administrative branches to be established; the manner in which these functions are discharged; and the extent of responsibility of the concerned officials shall be governed by a regulation.
Board for Officials' Selection and Disciplinary Matters
Section 27- The Board for Officials' Selection and Disciplinary Matters shall consist of a Chamber Chairman, a Member, a Principal Auditor or a Rapporteur, a Senior Auditor who are elected by the General Assembly for a period of two years and the Secretary General.
Equal number of substitutes shall be elected in the same manner.
The Chamber Chairman shall preside over the Board.
The Board shall meet with all members present and decide with majority vote.
(As amended by law no. 1260, Section 16) The Principal Auditor or the Rapporteur and the Senior Auditor shall not be allowed to participate in the meetings where deliberations concern themselves.
Functions and Powers of the Court of Accounts
Functions of the Court of Accounts
Section 28- The Court of Accounts shall perform the following functions:
To audit all revenues, expenditures, property, and the exchange, keeping and disposal of cash and securities, including those entrusted for safekeeping,
To take final decision by trying the accounts and acts of the responsible officials of
I- A) The Government Offices funded by general or annexed budgets, B) The institutions and enterprises established as fixed or revolving capital establishments or funds half or more capitals of which are invested by the Government Offices mentioned in subsection (A) l, C) All other institutions that are by virtue of laws subject to the auditing of the Court of Accounts.
II- To record and audit State loans and credits, commitments, donations and aids in cash or goods from various sources, treasury bills, all securities and treasury advances. III- (As amended by Law no. 3162. Section 2) To submit the Statement of General Conformity related to general and annexed budgets to the Turkish Grand National Assembly within the period stipulated by the Constitution. IV- To report to the Senate and the National Assembly*, if deemed necessary, on financial matters, accounting procedures and revenue accrual systems. V- To report to the Senate and the National Assembly on the issues considered necessary to be conveyed, having examined the accounts and transactions of the institutions subject to its audit. VI- To carry out other duties as prescribed by laws.
Powers of the Court of Accounts
Section 29- In carrying out its duties prescribed by this and other laws, the Court of Accounts shall be empowered to communicate directly with ministries, boards, institutions, administrative heads, accountants and other responsible officials; to have access to the documents, ledgers and records needed for examination by dispatching its staff or having them brought over to any location it deems appropriate; to invite officials of all categories and degrees in order to receive oral information; and to call in representatives from ministries, government offices and institutions.
The Court of Accounts may demand from government offices, provincial Local administrations, municipalities, and all other official institutions, boards and other real and judicial persons, including banks, information and documents related to its auditing work.
The Court of Accounts shall be entitled to examine, on the spot and at any stage of operation and incidence, all related records, goods, properties, practices and services of those government offices and institutions that fall within its jurisdiction, by its personnel or outside experts. The legal status, power and responsibility of the outside experts are subject to general provisions. The principles and procedures to be followed in the application of this section shall be specified by a regulation.
Disciplinary action shall be taken by the authorities concerned, upon the request of the Court of Accounts, against the officials mentioned in first and second subsections above for not fulfilling, without a rightful cause, the requirements of this Section. In addition to above, aforesaid officials shall be subject to actions according to general and specific provisions of law.
Transactions requiring endorsement and preliminary approval (visa)
Section 30- (As amended by Law no. 1260, Section 7)
The contracts and all kinds of commitments that involve expenditure by the government offices and institutions that come under the auditing of the Court of Accounts shall be subject to endorsement; the distribution of appropriations and personnel cadres of the government offices financed by general or annexed budgets shall require a preliminary approval (visa).
(Annex: Law no. 3162, Section 3) The subsection above shall not be applicable to cadres of military personnel. The procedures for forwarding such documents to the Court of Accounts and their safe keeping and disposal shall be established by the Prime Minister's office, by taking the principle of secrecy into consideration and upon consultation with the Court of Accounts and the Ministry concerned.
It shall be compulsory that the commitments and contracts together with their supporting documents be sent to the Court of Accounts within three days from their finalisation. These commitments and contracts shall not become effective unless endorsed by the Court of Accounts.
(As amended by Law no. 3162, Section 3) Notwithstanding the subsection above, the following shall not be subject to endorsement: The contracts which are exempt from preliminary approval (visa) in accordance with Budgetary Laws and Section 64 of the General Accounting Law No. 1050; those issues which are held exempt from tendering by a decision of the Council of Ministers due to reasons of urgency or secrecy; and the contracts for purchases from abroad.
Short -term examination of the expenditures
Section 31- (As amended by Law no. 1260, Section
The Court of Accounts may examine those expenditures that were realised under the general or annexed budgets following the spending within the current accounting term and on a monthly basis. The General Assembly shall decide, upon consultation with the Ministry of Finance, as to the delivery periods of documents, records, books and charts belonging to the accounts which are thus to be examined by the Court of Accounts, and designate the accounts to be examined as such.
At the end of the examination carried out by the auditor, those transactions which are not found in compliance with the law shall be communicated, together with the supporting reasons, to the responsible officials, observing the procedures stated by Section 48. Upon receiving the defence statement from the above mentioned officials a report covering the whole account shall be prepared.
If, in the course of examination and auditing to be carried out in accordance with this law, it is found that the legislation on which the expenditures are based is open to interpretation, the President shall be informed of the matter in order to obtain the Court of Accounts' opinion; and the auditing shall be made accordingly.
Visa and endorsement Procedures
Section 32- (As amended by Law 1260, Section 9) Out of the transactions concerning distribution of personnel cadres and appropriations, as well as contracts and commitments forwarded to the Court of Accounts for approval (visa) or endorsement, those found in compliance with the law shall be approved or endorsed by the auditor and group chief. Those found otherwise shall be returned to the government office concerned for correction and completion, together with written opinion undersigned by the auditor and the group chief.
Depending upon the response, the documents belonging to the aforesaid transactions shall be either approved / endorsed or passed on to the President together with a memorandum.
The President shall send the documents to one of the chambers for its opinion.
If the transaction is found contradictory to the law, the related documents shall be returned to the government office in question in accordance with the decision of the chamber. In the event of appeal against the decision by the disbursement authority, the President shall pass the documents on to the Board of Chambers to be reviewed. If the Board decides that the issue in question is in conformity with the law, the transaction shall be approved or endorsed. If the objection is found to have no grounds and it is decided that the transaction is against the law, the related documents shall be returned to the forwarding government office.
Those documents involving transactions of distribution of personnel cadres and appropriations and those commitments or contracts which the Board of Chambers abstained from approving or endorsing, but are not openly prohibited by law, may be implemented, if the disbursement authority assumes the responsibility and informs the Court of Accounts of the situation together with the justifying reasons. In such a case, the responsibility arising from those payments and expenditures concerning the issues found unacceptable by the Court of Accounts shall rest with the disbursement authority.
The judgement concerning this responsibility shall be passed at the trial of the account of the year in which the payments or expenditures were made.
In case a Minister, who is a first-degree disbursement authority, assumes the responsibility, respective Speakers of the Senate and the National Assembly* shall, complying with its procedure, be informed of the matter and the amount of the payment or the expenditure involved.
The approval or endorsement of a transaction shall neither bind the responsible officials nor restrict the judicial power of the Court of Accounts.
Section 33- (As amended by Law 1260, Section 10) The decision of the Court of Accounts shall be final if the Court of Accounts' abstention from approval or endorsement, and refusal of transactions stated in section 32 is based on calculation error, or insufficiency of appropriations or personnel cadres.
Assumption of responsibility
Section 34- (Repealed by Law 1260, Section 17)
Exceptions to the Pre-audit
Section 35- (Repealed by Law 1260, Section 17)
Submission of contracts not subject to endorsement
Section 36- (As amended by Law 1260, Section 11) Those contracts which are not subject to endorsement in accordance with Section 30, shall be sent, with the supporting documents, to the Court of Accounts within seven days.
Section 37- (As amended by Law 1260, Section 12) The preliminary approval (issue of visa) of transactions concerning distribution of appropriations and personnel cadres shall be finalised within three days. The endorsement of contracts shall be completed within fifteen days.
Section 38- The Court of Accounts shall audit all the government offices and institutions that fall under its jurisdiction:
a) by examining transactions pertaining to their revenues, expenditures and property and all accounts related to these transactions including all records and documents, and finally by trial of all the transactions and accounts; b) by comparing the results of budgetary accounts (including the deduction period) and accounts of similar nature and results of the accountants' accounts with the related draft of Final Account Bill or trial balance and balance sheet; c) by examining other issues specified in laws, through receiving information and documents concerned from related government offices and institutions, and establishing necessary records at the Court of Accounts; Military personnel cadres, equipment, supplies, goods, plants and institutions are subject to auditing by the Court of Accounts. However, the procedure for auditing shall be provided by a regulation to be prepared by the Ministries of Finance and Defence upon consultation with the Court of Accounts.
Time of submission of the accounts
Section 39- The accountants of those government offices and institutions which come under the jurisdiction of the Court of Accounts shall submit their accounts of all the revenues, expenditures and property that are related to the budgetary year, accounting year or accounting period (as specified in their related law) within the month following the period of deduction at the latest.
The Court of Accounts shall determine the accounting period for goods and property transactions, by taking into account the size of transactions, and providing that it should not exceed five years.
The Court of Accounts may decide to have all documents, records, ledgers and statements related to the accounts and transactions of the current year or accounting period sent or have them available for examination at site at the end of a specified period not exceeding one month. This situation shall not remove the responsibility for submitting accounts at the end of the year or accounting periods as required in the subsections above.
Characteristics of accounts
Section 40- The revenue, expenditure and property accounts shall be submitted to the Court of Accounts separately. Aforementioned accounts of government offices and institutions for a budgetary year, account year or a special account period prescribed by the law shall be constituted of the following:
a) Revenue accounts: ledgers, statements and all kinds of related documents that indicate quantities and nature of all accrued and collected revenues, and deposits; b) Expenditure accounts: statements, ledgers and all kinds of related documents that indicate the quantity and nature of all expenditures made and moneys and valuables received in this connection; c) Property accounts: statements, ledgers and all kinds of related documents that indicate the quantity and nature of all property and goods possessed, purchased or spent and those disposed of through annihilation or other means. The following are also included among the accounts to be submitted to the Court of Accounts: Budgets, personnel cadres, final accounts and decisions related thereto that are approved by the competent authorities of the fixed and revolving capital entities or funds referred to in subsections 1(B) and (C) of Section 28 or other institutions and final trial balances and balance sheets of the institutions whose accounts kept in balance sheet method.
The kinds of the statements, ledgers, documents mentioned in the above subsections and their submission periods shall be determined, by a circular, by the Court of Accounts.
If, (in accordance with a special law) an accountant is at the same time, responsible for carrying out transactions of revenue, expenditure and property, Court of Accounts shall inform with a circular, the concerning government offices, institutions and accountants of the mode and form in which the accounts will be submitted and whether accounts are to cover transactions entirely or partially, and the conditions for submission of accounts separately.
Section 41- The accountants accountable to the Court of Accounts shall be the following:
1. Accountants of revenue; 2. Accountants of expenditure; 3. Accountants of property.
Those considered as accountants
Section 42- If those not appropriately designated as an accountant, collect revenues, make expenditures or keep and manage property by acting on their own initiative or upon a directive shall be considered as accountants, unless their accounts are included in that of another accountant, and as accountants submitting their accounts to the Court of Accounts, pursuant to this law, shall be incumbent upon them and the rules of accountability imposed on the accountants shall be applied to them.
If the situation has occurred upon a written directive of a superior, the superior official shall share the responsibility.
Informing the Court of Accounts of the accountants and the accountancies
Section 43- Ministries, agencies with annexed budgets and all government offices and institutions subject to the audit of the Court of Accounts shall be under obligation to inform the Court of Accounts, before the beginning of the each accounting year, of: the types and locations of all accounting offices in the country and abroad; the scope of their responsibility; the addresses of the affiliated fiduciaries, stores, depots and the similar; and names, personnel file numbers, salaries, and grades of accountants on duty and to send signature samples of the responsible officials.
Changes that take place during the year shall be reported within one month from the date of change to the Court of Accounts.
Submission of accounts
Section 44- The accounts shall be completed by the accountants, within those periods as indicated by this Law and other laws and made available for examination or sent to a location as indicated by the Court of Accounts.
The accounts shall be prepared and submitted by the last accountant that has taken office. The responsibility for not submitting the account rests with him.
Those accountants who, after having completed their accounts, are appointed elsewhere, retired or removed temporarily from office shall deliver their accounts to their successor and shall document the incidence with a delivery report.
In case an accountant is not able to submit his accounts for reasons of poor health, passing away or other inevitable excuses, or if the accountant refrains from submitting accounts; such accounts shall be delivered to the new accountant by a committee to be formed within the related office to which the accountant is attached.
If an accountancy merges with another, the accountant shall deliver his accounts up to that date, to the new accountant. If an accountancy is closed, the accountant must submit the account to the Court of Accounts within three months.
Conditions for accountability
Section 45- The amounts relating to the revenues, expenditures, properties and valuables that have not been accrued, collected, spent, given, kept or managed in accordance with the law shall be paid to the Treasury by the responsible officials, upon the final decision of the Court of Accounts, within three months from the date they are notified.
The final decisions of the Court of Accounts shall be communicated, in accordance with section 63, to the responsible officials and to the Ministry Finance to start necessary investigation.
The compensation of property shall be made at current market price at the date of its loss. If this date is not known, the payment shall be made at the highest price between the dates of its purchase and discovery of its loss. The general provisions applied to the cases where state property has been damaged shall be reserved.
Audit of the accounts
Section 46- The General Assembly shall decide which of the accounts be examined at the headquarters and which on the spot. The auditors assigned by the President shall examine the accounts.
However, property accountancies whose value of recorded property sums up to 500 000 Turkish Lira or more, are audited on the spot.
Any one of the accounts that are decided to be audited at the headquarters may be examined on the spot by the decision of the chamber to which the account is assigned upon the request of the related auditor. If this decision is approved by the General Assembly, the account shall be audited on the spot by the auditors assigned by the President.
The following shall be examined during the auditing;
1. Whether the revenues, credits and all sorts of rights have been accrued, followed up and collected in accordance with laws, regulations and the budget,
2. Whether, a) the expenditures have been made in accordance with laws, regulations, the budgetary appropriations and personnel cadres, b) the payments have been made to those entitled or their representatives after their identification have been properly checked, c) all transactions which are included in the financial statements and operations of monies, securities and valuables have been performed in accordance with laws and regulations,
3. Whether entry, safe guarding, utilisation and disposal of movables and immovables have been carried out in accordance with laws and regulations and whether they fully exist where they are supposed to be,
4. Whether all the transactions and accounts mentioned in the subsections above are in conformity with their associated documents and records.
Compliance of expenditures with the purposes for which they are appropriated
Section 47- The Court of Accounts shall include its opinion in the Statement of General Conformity on whether or not budgetary appropriations of all government offices and institutions that come under the jurisdiction of the Court of Accounts have been expended on work, services and needs for which they were appropriated.
Reports of auditors
Section 48- Auditors shall examine the accounts which have been assigned to them in line with the principles stipulated in this and other laws and with the procedures stated in the regulation specific to the audit of the Court, and prepare a report that indicates the result of the audit. The auditor shall obtain a written defence statement from each responsible official as to any practice that is contradictory to the legislation that he has come across or any incomplete work he has observed during the course of examination. The auditor shall include the defence statement, together with his opinion, in his report.
If the responsible official who has been notified, in accordance with appropriate procedure, of a demand for defence statement does not reply within 30 days, the auditor's report shall be prepared without waiting for the defence statement but be based on the information and documents available at the time. The auditor shall at the same time ask for disciplinary or penal action.
Such reports shall indicate whether the accounts are correct and balanced; documents are complete and there are issues that create responsibility and also whether expenditures and performances of the fixed or revolving capital establishments or special funds mentioned in subsection 1(B) and 1(C) of Section 28 are compatible with the objectives of establishment shall be shown at the end of the reports.
The obligation to supply information and documents
Section 49- The responsible officials and other related civil servants shall be under an obligation to supply the necessary information and to show or submit the records and documents asked by the auditor without any delay.
If the responsible official does not have the required document with him, then the document shall be asked from the related government office. The responsible officials shall be obliged to produce the original documents; if the originals are not available the second copies shall be submitted.
Disciplinary or penal action shall be taken, pursuant to this law, against those who fail to comply with subsections above.
Procedure to be followed on the audit reports
Section 50- Upon completion of an examination, the auditor shall prepare a report and submit it, together with the related statements and documents, to the President. The Presidency shall forward such reports to the chambers to be tried.
Penalties to be imposed on Accountants and other responsible officials
Section 51- Those accountants who fail to fully submit their accounts by the time assigned by the law, and those officials, of the government offices and institutions come under the jurisdiction of the Court of Accounts, who fail to furnish any required information and to submit documents and/or ledgers in the course of auditing or trying of accounts, and who inconvenience the trial or audit shall be, at the request of the Court of Accounts from the employing agency or institution, paid half of their salaries until they fulfil the above mentioned requirements. Starting from the date of deduction of the salary by half; if, the accountants, within three months; and other officials, within the period determined by the Court of Accounts, fail to submit accounts or the required information, documents and ledgers or to remove reasons which inconvenience the audit and trial, they shall be laid off by their respective agencies, in accordance with their appointment procedures, and shall be subject to prosecution.
The provision of this section shall be applicable to those who fail to follow-up the execution of writs issued by the Court of Accounts.
Accountants who fail to submit their accounts
Section 52- The accountants who, because of retirement, or temporary dismissal upon orders from the Ministry or other similar reasons, are not temporarily or permanently on duty shall not be paid their salaries and other allowances until they submit their accounts.
Those who have been transferred to another position shall not start at their new post until they deliver their accounts. If those accountants who leave their job by resigning fail to deliver their accounts in time, shall not afterwards be appointed to a post in the government offices and institutions that come under the jurisdiction of the Court of Accounts.
Informing Court of Accounts of the actions taken against the responsible officials
Section 53- It shall be obligatory for the concerning government office to inform the Court of Accounts about the implementation of Sections 51 and 52 above and its consequences.
Section 54- Upon demand of the Court of Accounts, the government office concerned shall institute the disciplinary proceedings against those who fail to apply Sections 51 and 52.
Auditing of loans, credits and advance payments
a) Loans and concessions extended to institutions or individuals by the Government and recorded under an account opened by the Treasury, shall be examined and followed up by the Court of Accounts through accountants' accounts. Even those transactions of loans guaranteed by the Treasury under special laws shall be subject to examination and monitoring by the Court of Accounts.
The findings of such examinations shall be incorporated in the Statement of General Conformity.
b) The advance payments received and loans made by government offices financed by the general and annexed budgets, and the amounts, interest rates and redemption costs of the treasury bills issued with no service in return shall be registered by the Court of Accounts according to legal provisions. The Court of Accounts shall be informed of the agreements of loans and advance payments within three months from the date of agreement and shall also be notified of treasury bills, within three months from the date of signing and emission. The findings of such examinations shall be incorporated in the Statement of General Conformity.
c) Even the advance payments and loans extended, according to legal provisions, to trustees and contractors, shall be subject to examination by the Court of Accounts.
Examination of accounts by the chambers
Section 56- Chairmen of chambers shall receive the Prosecutor's written opinion on each audit report submitted to their chambers.
The report from the Prosecutor shall be given by the Chamber Chairman to one of Chamber Members to obtain his opinion.
The member shall carry out the necessary examination on the report. If he deems necessary, he may look into the items of the report that include unqualified opinion of the auditor with a view to satisfying himself whether the issue has been thoroughly examined. Adding his own opinion on each item of the audit report he shall return it to the Chairman of his Chamber.
During the examination carried out on the report by the member, if he deems necessary, he may ask the Chairman of the Chamber that the account be reviewed by a Principal Auditor to see whether the account has bee thoroughly examined. If the Principal Auditor finds issue(s) that should have been included in the report, he shall, following the established procedures, obtain the defence statement of the responsible officials and shall write his report. The report shall be sent to the Prosecutor to obtain his opinion then to the Member through the Chamber Chairman.
Trial of the accounts
Section 57- The Chamber shall commence the trial of the account upon receipt of the member's written opinion. If, during the trial, deemed necessary, the prosecutor shall be invited to the sitting to be consulted.
Documents sufficient for the accountant's acquittal
Section 58- Cash remitted through mail or bank to government offices, trustees or creditors and receipts against goods and securities shall be sufficient for the acquittal of the accountant.
When money has been spent in the name of another branch accounting office or the Central Accountancy and if the documents or deeds covering the expenditure have been sent to those concerned; submittal to the Court of Accounts, of the documents received from the related accountant or the Central Accountancy confirming their receipt shall be sufficient for the spending accountant's acquittal.
Acquittal shall also be possible in cases where such documents have not been sent to the Court of Accounts, but verified copies of records kept at the time of posting or verified copies of the missing documents based on the official records are provided. However, if such copied documents do not comply with laws and regulations, the responsibility according to this law shall continue.
If monies delivered (with witness recording) to the post office as valuable postal packages are found partly missing at the receiving end, the responsibility shall be determined in accordance with the investigation carried out by the related government office and decision taken by the judicial court.
Failure to provide documents
Section 59- In cases where the originals or second copies of the documents could not be produced due to unavoidable conditions, the responsible officials shall be either acquitted or held liable, after the prosecutor having been consulted, as per the documents, existing records or evidence indicating that the service has been provided and the provider has been paid.
Failure to provide documents due to extraordinary Circumstances
Section 60- If it is confirmed by the Administrative Boards of Provinces that documents and records have been lost due to extraordinary circumstances such as war, fire, floods, earthquakes, or evacuation because of administrative or military reasons or because of theft or other unavoidable reasons, and that it is unlikely to find them, the accountant shall be tried by considering the available evidence
However, the accountant must inform his superior immediately and the Ministry to which he is attached within fifteen days from the occurrence of the conditions mentioned above, in order to obtain his acquittal. In such a case, acquittal or responsibility of the accountant shall be decided by the Court of Accounts in consultation with the Ministry or the office to which he is attached.
Decisions and minutes
Section 61- (As amended by law 3162, Section 4) Upon trial of the accounts and transactions in accordance with the sections above, acquittal or indemnification shall be decided. It may also be decided to inform the relevant authorities of the issues that have been considered appropriate.
In the course of a trial, if it is observed that the accounts and transactions lack their supporting documents due to their being submitted to a court or an administrative authority; the information and documents concerning a transaction under trial are found insufficient and/or it has been decided necessary to wait until the completion of the investigation and prosecution, the trial of such accounts and transactions may be suspended and excluded from the decision about the account. Section 66 shall be applied if the accounts and transactions excluded have not been tried within two years from the date of completion and furnishing of the above.
A summary of the decisions given shall be included in the audit report and signed by the chairman of the chamber. It shall also be required that a minute be written to be signed by the Chairman and Members of the Chamber.
Section 62- After the draft writ has been read and signed by the Chairman and the Members of the Chamber, required number of copies of the writ shall be issued. Two copies of the writ shall be signed by the Chairman and Members of the Chamber. Of these copies one shall be retained at the Chamber, the other and the remaining unsigned copies shall be submitted, together with the account file, to the office of the President. After copies of the writ have been sealed and signed by the President or by his designee, copy of the writ signed by the Chairman and members of the Chamber shall be kept at the General Secretariat.
Notification and clarification of writs
Section 63- The Court of Accounts shall send, according to the existing procedure, one copy of the writ to each responsible official, one copy to the Ministry or government office to which the responsible official is attached; two copies to the Ministry of Finance of which one to be sent to the related accountancy and one copy to the prosecutor.
If the decisions rendered by the Chambers or the Board of Appeal are vague, any one of the parties concerned may request the clarification of such decisions. The parties may also request the correction of errors relating to their names, surnames, job titles and/or claims or errors of calculation in the writ.
The number of petitions, lodged for clarification or correction, shall be one copy more than the number of other party.
The Chamber or the Board of Appeal, whichever has passed the decision, shall examine the matter and if it is deemed necessary, communicate the petition to the other party to be answered within the time specified. The reply shall be in double copies; and one of which shall be communicated to the party demanded the clarification or correction.
The decision of the chamber or the board shall be communicated to the parties.
The clarification may be demanded until the execution of the decision.
Enforcement of writs
Section 64- The writs of the Court of Accounts shall be enforced in accordance with Section 45, following their becoming definite (final decision). The Official highest in standing of the office to which the writ has been sent shall be responsible for follow-up of the enforcement.
The amounts of embezzlement* and/or indemnification, indicated in the writ, shall be collected, with their interest, in accordance with the ''Execution and Bankruptcy Law''. The amount concerning embezzlement shall be subject to the interest starting from the day it occurred; while that of indemnification shall be from the day on which the decision was taken.
However, the interest calculated shall not exceed the 10 % of the total amount of the decided embezzlement or indemnification.
Acts involving guilt
Section 65- In the event of encountering a guilty action in the course of a pre or post audit, the auditor shall immediately collect the evidence and convey it to the President. If the Chamber assigned by the President decides that the incidence should be prosecuted as a public case, the related documents or part of the account shall be handed over to the office to which the responsible official is attached or the Office of Public Prosecutor for the necessary action to be taken. Decisions given by the general courts shall be without prejudice to the Court of Accounts' audit and trial of accounts and transactions. The application of this section shall be provided in a regulation.
Approval by right
Section 66- The accounts submitted completely to the Court of accounts shall be considered approved by right, in the event that they have not been tried for two years starting from their submission.
(Annex: Law 3162, Section 5) If it is decided by the chamber that the accounts are not suitable for passing judgement on because of calculation error and inconsistency in the statements and other documents which constitute the accounts, the time of submittal of the accounts shall be the date when the complete and correct accounts have reached the Court of Accounts.
The authority for appeal
Section 67- Appeals against the writs of the chambers shall be lodged with the Board of Appeal. The decisions of the Board of Appeal shall be final.
Conditions for appeal
Section 68- The officials specified in Section 63 may appeal against the writs issued by the chambers on the following grounds:
a) Contradiction to law, b) Exceeding of powers, c) Failing to observe legal procedures The time by which the appeal shall be lodged is ninety days from the date of notification of the writ.
Request for appeal
Section 69- The request for appeal is made through a petition. The concerned shall attach the documents supporting his or her objection to the petition. The appellant shall give in copies of petition in the number of concerning parties.
The appeal petitions accompanied by the supporting documents shall be communicated to the other parties. The parties may reply within thirty days after notification. The replies by the other parties shall be communicated to the appellant, who may respond to it within fifteen days. The other parties notified of this answer may also reply to it within fifteen days.
The decision on the request of appeal
Section 70- The case shall be examined and a decision shall be passed on after the replies have been received or if one of the parties has failed to respond within the time specified.
Competent authorities where the petition for appeal shall be lodged
Section 71- The petition of appeal and the supporting documents shall be submitted to the Court of Accounts. The appellant not residing at the Capital City may give in the petition of appeal to the highest administrative governmental official where he resides, to be sent to the Court of Accounts.
If the appellant wishes, he shall be given a receipt indicating that the petition and related documents have been received.
Section 72- If the parties request in writing or if the Board of Appeal deems it necessary, the Board may invite concerned parties or one of the parties to hear their/his defence or to ask for clarification.
Decision of the Board of Appeal
Section 73- The Board of Appeal may either approve the decision appealed against, as it is or by correcting it, or rescind or cassate it. In case of cassation the file shall be sent back to the chamber rendered the decision to be reviewed and decided again.
If the chamber insists on its first decision and the Board of Appeal cassates the decision once more, the chamber shall comply with this decision.
(Annex: Law 3162, Section 6) The decisions of the Board of Appeal that rescind indemnification, apply to all the responsible officials involved in the article of the writ appealed.
2. Revision of Judgement
Reasons for revision of judgement
Section 74- The prosecutor, the responsible official, the Ministry or government office to which the responsible official is attached or Ministry of Finance may demand revision of judgement. Chambers of the Court of Accounts may decide to revise their judgement. Reasons for revision of judgement shall be as follows:
Last post by danieljake - December 28, 2009, 05:13:23 PM
Medical malpractice provides an opportunity for someone who suffers a physical, emotional or mental injury at the hands of the doctor, nurse, or other hospital worker during a treatment to receive compensation for these injuries!
Last post by jason - December 11, 2009, 03:59:53 AM
Thanks for sharing this great info.. Now I would have more knowledge about my rights in terms of medical treatment.. I'm always quite scared of getting medical surgeries and stuffs like that because I'm afraid of doctors who might be doing medical malpractice..
Last post by dragons eye - December 02, 2009, 02:44:58 PM
Having read the posts on this topic, can you tell me, does the decision book have to be taken to the notary after each meeting? do they charge? does the accounts book have to be taken in once a year? when decisions are made and passed by the majority are they legally binding?