Regulation on the Devices with Electronic Identity

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From the Telecommunication Authority,

Regulation on the devices with Electronic Identity

Purpose
Article 1- The purpose of this Regulation is to regulate the procedures and rules applicable to
the use of devices, or equipment, with electronic identity as well as operators' responsibilities
in connection therewith.
Scope
Article 2- This Regulation lays down the responsibilities of operators acting in accordance
with the provisions of the Telegram and Telephone Law No. 406 dated 4/2/1924 and Wireless
Law No. 2813 dated 5.4.1983 and users of devices with electronic identity.
Devices of international roaming subscribers, including Turkish Republic of Northern Cyprus,
which are not included in the white list, are out of the scope of this Regulation. IMSI-IMEI
matching and leaving outside the lists shall be under the responsibility of the operator.
Legal Basis
Article 3 - This Regulation is issued on the basis of Article 33 of the Wireless Law No. 2813.
Definitions
Article 3 – For the purposes of this Regulation,
'Subscriber Identity and Communication Information' means allocated devices by
operator agency belonging to legal entity or real person or public agency or entity delivering
electronic communication service SIM card to GSM and containing private information
USIM to UMTS,
'Period of application' means the period until 13.12.2005 date indicated in provisional
article 6 of the Law
'White List' means updated list produced by Authority on electronic identity
information of devices permitted to be supplied in the market.
'Device' means the equipment or its component connected directly or indirectly to the
wireless and/or electronic communication network.
'Electronic Communication' means the transmission, emission and reception through
cable, wireless, optical, electric, magnetic, electro magnetic, electro chemical, electro mechanic and
other transmission systems of all kinds of sign, symbol, voice and image and all kinds of data which
can be converted into electric signals,
'Electronic Identity Information' means the identity assigned to the wireless devices as
a single and unique identifier,
'Grey List' means updated list produced by operator on electronic identity information
of devices other than white and black list
'IMSI' stands for International Mobil Subscription Identity
'Operator' means a capital company which provides telecommunication (electronic
communications) services and/or operates telecommunication infrastructure under an authorisation,
'the Law' means the Wireless Law No. 2813 dated 5.4.1983.
'Black List' means updated list produced by Authority for the devices whose identity
information is changed as well as lost, smuggled and stolen devices.
'the Authority' means the Telecommunication Authority,
'the Board' means Telecommunication Board,
'CEIR' means Central Equipment Identity Register.
'IMEI' means the International Mobil Device Identity
Security of the subscriber and device identity information
Article 5- Operator or its duly authorized representative shall, in the course of subscriber
registration, issue a full subscription agreement that is drawn up in accordance with the
Regulation on the Rights of Consumers within the Telecommunications Sector published in
the Offficial Gazette Issue No. 25678 dated 22.12.2004; and shall have the obligation to keep
one of copy of the following documents with the said agreement:
a) For individual subscriptions, identity card, driver's license, press card, lawyer's
ID, military ID or any workplace ID of public servants, Marriage Certificate or
passport,
b) For institutional subscriptions, identity card or driver's license and a certificate of
signature of the authorized person,
c) For foreigners' subscription, passport, seafarer's certificate or NATO ID with
appropriate validity periods.
Article 6- Operators shall have the obligation to;
a) disable the devices included in the black list; and as of the end of period of
application after the matching, send, on a daily basis, to CEIR address, title, full address,
subscriber ID and communication information and the date and place of the use of the device,
which information is to serve as a basis for a Crime Report by the Authority with the Chief
Public Prosecutor against those who attempt to use such devices,
b) prepare the grey list and send CEIR the IMEI information of these devices on the
first day of every week, except official holidays, and send its subscriber a short message that
the device is not included in the white list. Once devices the devices in the grey list are found
to be smuggled, cloned articles or to have changed electronic identity, operators are obliged to
send, on a weekly basis, to CEIR address, title, full address, subscriber ID and communication
information and the date and place of the use of the device, which information is to serve as a
basis for a Crime Report by the Authority with the Chief Public Prosecutor against those who
attempt to use such devices.
c) With consideration to the Authority's identification of the devices with changed
electronic identity information and listing the same in the CEIR, operators shall have the
obligation to send CEIR, on a weekly basis, the following information (after matching):
1) after identifying the devices with changed electronic identity in its own network,
name, title and full address, subscription ID and communication information of the subscriber
using devices with changed electronic identity as well as date and location of the use of the
device,
2) with a view to the identification of devices with changed electronic identity in all
networks, IMEI, subscriber identity and communication information of all subscribers within
a certain period of time to be set and notified by the Authority to operators as well as date and
location information.
Article 7- Subscribers shall send a short message to the Authority's information and call
center and thus be registered, so that their devices can be disabled in case that they are stolen,
looted, lost or taken away due to any reason beyond his/her control.
Subscribers who wish to disable their devices which are taken away from them out of their
control shall:
a) call directly the call center, if they have been already registered with the Authority's
information and call center, or
b) make an application by the agency of Public Prosecutors, if they have not been registered
with the Authority's information and call center.
Other issues
Article 8- As regards marks and models of devices approved by the Authority, which are not
registered with the Authority but whose electronic identity information is not altered, device
owners or users in possession of the device's invoice may file an application with the
Authority or Authority's regional directorates in person or by mail, and register their devices
in the white list without paying any registration fees.
Owners or users of devices with electronic identity information brought from abroad by
passengers or upon a final return or imported individually shall be obliged to have their device
information registered with the subscriber registration centers of operators, and operators, in
turn, shall be obliged to send the updated device information to CEIR so as to be registered in
the white list, provided that the devices' identity information is not changed and device
models and trademarks are approved by the Authority.
Those models and trademarks of devices with electronic identity, which are found to be
imported or mailed by way of smuggling, without permission and through illegal ways after
12.7.2005 and thus found to be unregistered with the Authority or are not approved by the
Authority shall be disconnected from electronic communications networks, and disabled as of
the end of the period of application, and an application for legal prosecution shall be lodged
by the Authority with the Chief Public Prosecutor.
Provisional Article 1- Operators shall send at least two short messages to subscribers found
to have been using devices with changed electronic identity or unregistered devices within
fifteen days of the date of publication of the Regulation and by the end of the period of
application laid down in the Law. They shall also ensure that IMEI numbers of devices
detected to have changed electronic identity information are corrected by the organizations
designated by the Authority and are registered in the white list of the Authority.
Provisional Article 2- Operators or agencies acceptable to the Authority shall transfer four
YTL out of five YTL, to be collected from both devices with changed electronic identity and
unregistered devices, to Authority accounts within ten days of such collection.
Provisional Article 3- Those device owners or users who are found not to have their devices
registered with the Authority before the entry into force of the Law because of force majeure
such as staying abroad, medical treatment, imprisonment, etc. shall prove their situation in
documents, file an application with the Authority or Authority's regional directorates directly
or by mail, and have their devices registered in the white list for a registration fee of five
YTL.
Provisional Article 4- Devices included in the black list upon court orders within the period
of application may not enjoy Provisional articles 1 and 2 of Article 8 of this Regulation.
Provisional Article 5- If within the period of application the information in the Authorities'
and organizations' requests for legal prosecution contradicts with the electronic identity
information in the black list, the operator shall not disconnect the device whose IMEI number
is in the black list from the communication network; and connection of the device shall be
broken after the legal prosecution comes to an end.
Entry in force
Article 9- This regulation shall enter in force on the date of publication.
Enforcement
Article 10- Provision of this regulation shall be enforced by the President of the Board.