Procedures & Principles to Inspection Activities of Telecommunications Authority

[admin]

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.