Telecommunications Authority Annual Activity Report for

Transcription

Data and information in this Annual Report can not be quoted or used without citation.
C
2010
TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
FIGURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
PICTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
FORWARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Quality Management System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Quality Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Mission, Vision and Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
ICTA Chairman and Board Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Information and Communication Technologies Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
ICTA 2009 ANNUAL REPORT
TABLE OF CONTENTS
1. Electronic Communications Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
1.1. Fixed Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
1.2. Internet and Broadband Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
1.3. Mobile Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
2. Regulations and Activities related to Competition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
2.1. Market Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
2.2. Access and Interconnection Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
2.2.1. Access and Interconnection Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
2.2.2. Interconnection Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
2.2.3. Local Loop Unbundling and Wholesale Broadband Access . . . . . . . . . . . . . . . . .41
2.2.4. Reference Access Offers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
2.2.4.1. Reference Interconnection Offer of Türk Telekom . . . . . . . . . . . . . . . . . . . . . . .43
2.2.4.2. Reference Unbundling Offer of Türk Telekom . . . . . . . . . . . . . . . . . . . . . . . . . .43
2.2.4.3. Türk Telekom Reference xDSL Resale Offer . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
2.2.4.4. Türk Telekom Reference Offer for IP Level Bit Stream Access . . . . . . . . . . . . . . .44
2.2.4.5. Türk Telekom Reference Offer for ATM Level Bit Stream Access . . . . . . . . . . . . .44
2.2.4.6.Mobile Operators’ (Avea, Turkcell, Vodafone) Reference Interconnection Offers .46
2.2.5.Dispute Resolution Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45
2.2.6. Access Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
2.2.7. Accounting Separation and Cost Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
2.2.8. Data Communications Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
3. End User Regulations and Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
3.1. Tariff Decisions Related to Retail Fixed Telephony . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
3.2.Tariff Decisions Related to Retail Mobile Telephony . . . . . . . . . . . . . . . . . . . . . . . . . . .48
3.3. Facilitating the Subscription Process for the 3G Services . . . . . . . . . . . . . . . . . . . . . . .49
3.4. Regulations on Long Distance Service Providers’ Billing Services . . . . . . . . . . . . . . . . .49
3.5. Regulations on Game and Melody Services (Premium Rate Services) . . . . . . . . . . . . . .49
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3.6. Updating Subscription Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
3.7. Regulation on Multiple Prepaid Subscriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
3.8. Emergency Call Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
3.9. Regulation on Pre-paid Credits on GSM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
3.10. Use of Turkish Characters in Short Message Services . . . . . . . . . . . . . . . . . . . . . . .50
3.11. Service Quality at Fixed Electronic Communication Services . . . . . . . . . . . . . . . . . .51
3.12. GSM Coverage Area Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
3.13. Ordinance on Protection of Operators’ Trade Secrets and Publication of
Publicly Available Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
3.14. Consumer Complaints Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
3.15. Cyber Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
3.16. Draft Law Regarding Electronic Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
4. Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
4.1. Authorization Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
4.1.1. Ordinance on Authorization for Electronic Communications Sector . . . . . . . . . . .54
4.1.2. Fees for Rights of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
4.1.3. Regulation on Tenders Regarding Authorisation in Electronic
Communications Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
4.1.4. Rights of Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
4.2. Authorization Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
4.2.1. Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
4.2.1.1. Satellite Communication Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
4.2.1.2. Satellite Platform Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
4.2.1.3. Infrastructure Operating Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
4.2.1.4. Internet Service Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
4.2.1.5. Fixed Telephony Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
4.2.1.6. Wired Broadcasting Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
4.2.1.7. GMPCS Mobile Phone Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
4.2.1.8. Mobile Virtual Network Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
4.2.1.9. Public Access Mobile Radio Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
4.2.1.10. Directory Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
4.2.2. IMT 2000 / UMTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57
4.2.3. Broadband Wireless Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58
5. Numbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
5.1. Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
5.1.1. Numbering Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
5.1.2 Opening of New National Destination Codes for Use . . . . . . . . . . . . . . . . . . . . . .59
5.1.3. Regulation Regarding 900 Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
5.2. Number Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
5.2.1. Geographical and Nomadic Number Assignments . . . . . . . . . . . . . . . . . . . . . . . .59
5.2.2. Short Numbers and Access Numbers with 811 Area Code . . . . . . . . . . . . . . . . .59
5.2.3. NSPC and ISPC Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
5.2.4. Other Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60
5.3. Number Portability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60
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6. Spectrum Management and Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61
6.1. New Ordinance Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61
6.2. Frequency Allocation and Emptying the Bands . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61
6.2.1. Public Access Mobile Radio (PAMR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61
6.2.2. Allocation of Frequency for MOBESE to General Directorate of Security . . . . . . . .62
6.2.3. Emptying the 450–470 MHz Band . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62
6.2.4. Other Allocation and Coordination Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
6.2.4.1. Activities Related to Satellite Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
6.2.4.2. Activities on Aeronautical and Maritime Communication Systems . . . . . . . . . . . .63
6.3. Devices which are approved for Importation in the Context of Frequency Planning . .64
6.4. National Frequency Software System and Authority Internet Application – MFYS . . . .64
6.5. Transfer of Aeronautical, Maritime and Amateur Radio Transactions to General
Directorate of Coastal Safety – Directorate of Radiocommunication (KEGM-T‹M) . . . . .64
7. Information Technology Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
7.1. Information and Denouncement Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
7.1.1. Call Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
7.1.2. Import/Manufacturing Tracing System Input Process . . . . . . . . . . . . . . . . . . . . . .66
7.1.3. The Matching of the Devices Which Has Its Electronic Identity Cloned to another
Device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
7.1.4. Motherboard Swap Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68
7.1.5. Applications for Registering of Devices Those Individually Brought from Abroad . . .69
7.1.6. Applications of People Residing Temporarily in Turkey . . . . . . . . . . . . . . . . . . . . .69
7.1.7. Denouncement Applications for Lost/Stolen Devices . . . . . . . . . . . . . . . . . . . . . .70
7.1.8. Consumer Applications regarding devices with electronic identity information (IMEI)72
7.1.9. Requests from Police and Customs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72
7.2. Central Equipment Identity Register (CEIR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72
7.3. Electronic Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
7.3.1. Electronic Certificate Service Providers (ECSP) . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
7.3.2. Registered Electronic Mail System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76
7.4.Internet Domain Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76
7.5. Standardization in Information Technology Services . . . . . . . . . . . . . . . . . . . . . . . . . .77
7.6. Number Portability System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77
7.7. Disaster Recovery Center and Information Security Management System . . . . . . . . . .77
7.8. Updating National Monitoring System Software to Web-based Technologies . . . . . . .78
8. Activities Related to Internet Security and Internet Regulations . . . . . . . . . . . . . . . . . . . . . .81
8.1. Legal Basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81
8.2. Activities Carried On . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81
8.2.1. Contributions to Conscious Use of Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81
8.2.2. Activities on Issuing Certificates For Access and Hosting Providers . . . . . . . . . . . .83
8.2.3. Activities unde the Obligation to Inform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86
8.2.4. Requests from the Public Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87
8.2.5. Content and Domain Name Filtering Operations via Content Filtering Software . .88
8.2.6. Other Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91
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9. Technical Regulation and Standardization Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92
9.1. Ordinance on Security of Electronic Communications . . . . . . . . . . . . . . . . . . . . . . . .92
9.2. Communiqué about the Standards in the Scope of the Radio and
Telecommunications Terminal Equipment (R&TTE) Regulation (2009/1) . . . . . . . . . . .93
9.3. Communiqué on Publication of Interface Technical Specifications . . . . . . . . . . . . . . .93
9.4. Sharing of Base Station Tower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94
10. Inspection Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95
10.1. Inspection of Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95
10.2. Inspection of Electronic Sertificate Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95
10.3. Inspection of GSM QoS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95
10.4. National Monitoring Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96
10.5. Electromagnetic Radiation Measurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96
10.6. Market Surveillance and Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97
10.7. Activities for Preventing Cloning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98
10.8. Laboratory Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99
11. R&D Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104
11.1. National IPv6 Infrastructure Design and Transition Project . . . . . . . . . . . . . . . . . . .104
11.2. IMT2000/ UMTS R&D Procedures and Principles . . . . . . . . . . . . . . . . . . . . . . . . .105
12. International Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107
12.1. Relations with the European Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107
12.2. Relations with International Telecommunications Organizations . . . . . . . . . . . . . .108
12.3. Regional and Bilateral Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110
12.3.1. The Cooperation Project in Eurasian Telecommunications Regulations . . . . . . .110
12.3.2. The 4th Black Sea and Caspian Regulatory Conference . . . . . . . . . . . . . . . . . .110
12.3.3. Bilateral Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110
13. Technologic, Economic, Regulatory and Market Reports . . . . . . . . . . . . . . . . . . . . . . . .112
13.1. Competition Problems and Functional Separation: Scope, Application, Experiences
and Suggestions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112
13.2. Convergence: the Impact of Convergence on Telecommunications and Broadcasting
Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114
13.3. Regulatory Impact Assessment; Scope, Implementation, Experiences and Proposals:
An Ex-post RIA Study on Regulation of Mobile Termination Rates . . . . . . . . . . . . .116
13.4. Turkish Electronic Communications Market Quarterly Market Data Report . . . . . . .118
13.5. Bulletin Related with Regulatory Developments in EU Member States . . . . . . . . . .118
14. Financial Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119
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1: Number of Authorized Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
2: Number of Internet Subscribers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
3: EU MoU Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
4: Related Markets and Designation of SMP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
5: Related Markets, Designation of SMP and Obligations . . . . . . . . . . . . . . . . . . . . . . .37
6: Interconnection Tariffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
7: 3G Interconnection Tariffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
8: Number of Subscribers by Type of Access (end of December 2009) . . . . . . . . . . . . .42
9: Dispute Resolution Procedures Concluded by the Authority in 2009 . . . . . . . . . . . . .45
10: Access and Interconnection Agreements Submitted to the Authority . . . . . . . . . . . .46
11: Number of Applications by Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
12: Statistical information for Notification Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64
13: Number of IMEI Registered with Import Applications . . . . . . . . . . . . . . . . . . . . . . .66
14: Registered IMEI with Manufacturer Application . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
15: IMEI Register Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
16: Declaration Processes of the ECSPs Examined by ICTA . . . . . . . . . . . . . . . . . . . . . .74
17: The Distribution of Inspections made in 2008 and 2009 by Type . . . . . . . . . . . . . .98
18: The Distribution of Inspections made in 2009 by Type of Equipment. . . . . . . . . . . .98
19: Surveillence Results About Cloning Subject by Police Forces . . . . . . . . . . . . . . . . . .99
20: Test Numbers Applied to Devices by Laboratory Units in 2009 . . . . . . . . . . . . . . .103
TABLES
7
FIGURES
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Figure
8
1: ICTA Organization Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
2: Breakdown of Employees - Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
3: Breakdown of Employees - Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
4: Net Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
5: Türk Telekom’s and Mobile Operators’ Investment . . . . . . . . . . . . . . . . . . . . . . . . . .20
6: Total Call Volume . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
7: Traffic Distribution (%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
8: Fixed-line Subscribers and Penetration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
9: Breakdown of TT’s Telephony Subscribers in Terms of Tariff Packages . . . . . . . . . . .23
10: Breakdown of TT’s Traffic (%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
11: Shares of FTS – TT in Call Origination (intercity) Traffic . . . . . . . . . . . . . . . . . . . . .24
12: Shares of FTS – TT in Call Origination (to TT) Traffic . . . . . . . . . . . . . . . . . . . . . . . .25
13: Shares of FTS – TT in Call Origination (to mobile) Traffic . . . . . . . . . . . . . . . . . . . .25
14: Shares of FTS – TT in Call Origination (to abroad) Traffic . . . . . . . . . . . . . . . . . . . .26
15: FTS-TT Shares’ in Total Fixed Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
16: FTS Revenues – TT Voice Services Revenues Comparison (%) . . . . . . . . . . . . . . . . .27
17: Number of ADSL Subscribers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
18: Shares of Broadband Technologies in Turkey and EU . . . . . . . . . . . . . . . . . . . . . .28
19: Breakdown of ADSL Subscribers by Access Speeds . . . . . . . . . . . . . . . . . . . . . . . .29
20: Market Shares of Broadband Operators, (%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
21: Shares of Incumbents and Alternative Operators in Retail Broadband Services
in Turkey and Some EU Countries, (%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
22: Broadband Penetration Rates in Turkey and Some EU Countries . . . . . . . . . . . . . .30
23: Household Broadband Penetration Rates in Turkey and Some EU Countries . . . . .31
24: Number of Mobile Subscribers and Penetration Rates . . . . . . . . . . . . . . . . . . . . . .31
25: Mobile Penetration Rates in Turkey and Some EU Countries, (%) . . . . . . . . . . . . . .32
26: Annual Mobile Penetration Rates in Turkey and Some EU Countries, (%) . . . . . . . .32
27: Prepaid/Postpaid Mobile Subscriptions in Some EU Countries . . . . . . . . . . . . . . . .33
28: Market Shares of GSM Operators by Subscriber Numbers, 2009 . . . . . . . . . . . . . .33
29: Number of SMS and MMS by Years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
30: Average ARPU Values for Incumbent Operator and GSM Operators . . . . . . . . . . .34
31: Information and Denouncement Center Call Statistics . . . . . . . . . . . . . . . . . . . . . .66
32: Registered IMEI with Importer Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
33: Registered IMEI with Company Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68
34: Number of devices for Which Motherboard Swap is done in 2009 . . . . . . . . . . . .68
35: Applications for Registering Devices from Abroad for the Year 2009 . . . . . . . . . . .69
36: Number of IMEIs Matched for a Temporary Period for the Year 2009 . . . . . . . . . .70
37: Denouncement Applications for the Year 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . .70
38: Number of Devices found in the Year 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71
Figure 39: Number of Activating Deactivating Instructions Given by Public Prosecutors’
Offices/Courts for the Year 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72
Figure 40: Central Equipment Identity Registry Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . .73
Figure 41: Number of Qualified Electronic Certificates Prepared According to Years . . . . . . . .75
Figure 42: Number of Active Electronic/Mobile Electronic Signatures by Years . . . . . . . . . . . .75
Figure 43: Statistics on Certification of Hosting Providers, 2009 . . . . . . . . . . . . . . . . . . . . . . .84
Figure 44: Applications of Hosting Providers, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84
Figure 45: Violation of Obligation to Inform, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86
Figure 46: Results of Procedings on Violation of Obligation to Inform, 2009 . . . . . . . . . . . . .87
Figure 47: Breakdown of Questions coming to Presidency’s e-mail, 2009 . . . . . . . . . . . . . . .87
Figure 48: Breakdown of Complaints submitted to Internet Hotline, 2009 . . . . . . . . . . . . . . .89
Figure 49: Breakdown of Complaints related to Crimes in Law No: 5651, 2009 . . . . . . . . . .89
Figure 50: Breakdown of Complaints per Manner of Communication, 2009 . . . . . . . . . . . . .90
Figure 51: Number of Complaints per Year, 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90
Figure 52: Tests Applied to GSM Phones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101
Figure 53: Tests Applied to DECT Phones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101
Figure 54: Tests Applied to PSTN Phones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
Figure 55: Total Number of Devices Tested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
Figure 56: Estimated and Realized Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119
Figure 57: Budget Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119
Figure 58: Budget Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120
Figure 59: Transfers from Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120
PICTURES
Picture 1: Safe WEB ...............................................................................................................82
Picture 2: E-book Advices for Safer Use...................................................................................82
Picture 3: Breakdown of Collective Internet Utilization Providers for Commercial Purposes
by Province, 2009 ..................................................................................................85
Picture 4: Market Surveillance Laboratory ...............................................................................99
9
FORWARD
The significance of electronic communications sector in economy is increasing day by day. Since
growth of it does not come to a standstill even in crisis environment, this sector has become an
important tool in order to enhance the development level of countries. Demand and interest of
consumers to services provided in the electronic communications sector is continuously going up.
This increasing demand makes operators use more innovative and more efficient technologies.
Every day emerges a new service in this sector and a permanent competition exists among both
operators and technologies. This competition in turn brings about cheaper and more innovative
services of higher quality. Determination of pertinent strategies and making appropriate
regulations are of great importance for the future of this sector where consumer welfare is
consistently increasing.
Information and Communication Technologies Authority (ICTA), being aware of this sector’s
contribution to Turkey’s economy, carries on its operations aimed at forming a more advanced
and more competitive electronic communications sector. In 2009, Strategic Plan, which sets out
strategies of the sector for the next 3 years, was published. 2010-2012 Strategic Plan of ICTA
deliberates five main objectives. These five main objectives consist of “Supervision of Consumer
Rights and Interests”, “Ensuring and Improving Efficient Competition Environment”, “Supporting
Innovation Policies and Research and Development Activities”, “Supporting Constitution of
Information Society” and “Improving Institutional Capacity”. Under these five main objectives,
sub- objectives were given place. Actions to be taken in order that these objectives are attained
will take place in Work Plans of ICTA. In this regard, 42 actions were designated in 2010 Work
Plan so as to attain these objectives.
10
In addition to publication of Strategic Plan, very important developments took place in Turkish
electronic communications market in 2009. Following the enactment of Electronic
Communications Law in November 2008, numerous updates were fulfilled in secondary
legislation. Moreover, with a 35 % increase, the number of operators reached to 357 in 2009,
which were 258 in 2008. Consumers have shown huge interest to mobile number portability that
came into force in 2008 and the ported numbers exceeded 9 million in 2009. Another significant
development came true in 2009 was the inception of 3G mobile services. In a very short period
of time, the number of subscribers benefiting from 3G services increased rapidly and exceeded 7
million. In parallel to 3G services, number of mobile internet users also went up substantially.
Beside the developments in mobile sector, broadband sector made important progress as well.
The development trend of 2008 in ADSL services continued also in 2009, besides a significant
increase came true in the number of cable internet subscribers.
Another major development took place in 2009 is imposition of obligations related to 3G
investments. In this respect, according to “Authorisation Plan Concerning IMT2000/UMTS Services
and Infrastructures” and concession agreements signed between ICTA and the operators having
IMTS2000/UMTS Services and Infrastructures licenses, operators are obliged to make infrastructure
investment purchases partially from providers that have research and development centres in
Turkey and partially from small and medium sized enterprises which are set up so as to develop
products or systems in Turkey. Procedures and principles setting out how obligations in question
would be fulfilled and how supervision would be performed were published in March 2009.
ICTA, in accordance with 2010-2012 Strategic Plan and taking developments in other countries
into consideration, will carry on working so that electronic communications sector become more
competitive and more innovatory. In this process ICTA will exert utmost effort to improve the
research and development potential and to support domestic production in the sector. Fast,
inexpensive and high quality service provision to all citizens, a liberalised electronic
communications sector, a strong telecommunications market and fair competition will continue
to be main principles of our electronic communications sector. ICTA will try its best to fulfil its
responsibilities so as to reach 2023 targets determined in 10th Transportation Forum.
In addition to its contribution to development of our country, to bring our electronic
communications sector to a level that it can compete in international field, to ensure that our
consumers get maximum benefit from this sector, to bring our operators and producers to global
company status are some of our foremost objectives. In the path towards realisation of these
objectives, precious contributions of our sharers will also be taken into account whilst making
regulations.
I kindly present Annual Report that contains activities performed and significant changes and
developments took place in 2009 and I wish forthcoming years to be more productive for both
our sector and our country.
Yours respectfully,
Tayfun ACARER, PhD
Chairman of the Board
11
Quality Management System
ICTA was predicated on the Total Quality Management concept, which has proved its success at
an international level, in order to provide services with a contemporary understanding of
management system in the regulation, authorization and supervision activities as a Regulatory
Authority.
ICTA has established the “Quality Management System” and has it approved by the Turkish
Standards Institute (TSE), as an independent licensing institution, in 11 December 2002. Then ICTA
has become the first autonomous authority with the TSE-ISO-EN-9001:2000 QMS license; and it
established its quality management system in 4 main processes which are: Regulation, Supervision,
Permission, Management and Support.
Quality Policy
Our Quality Policy is to provide services with the personnel that are happy to be the members of
ICTA and that are experts in their fields; to perform the regulatory procedures, including the whole
communication sector, which is a driving force of the globalizing world, as per the international
norms and standards; to increase the satisfaction of those providing and receiving services; to
ensure equality and fairness for all benefiting from our services being aware of our mission and
vision and our responsibilities; to ensure continuous improvement of our service quality as per the
innovations in science and technology; to improve the system efficiency considering the
conditions of the management system and to be the best.
12
Mission
By means of regulations and inspections in the information technologies and communications
sector, creating an effective and sustainable competition, protecting rights and interests of all
related parties.
Mission, Vision and Values
Vision
In the field of information technologies and communications, creating a sector that has
globally scaled organizations and contributes to the development of technology.
Values
•
•
•
•
•
•
•
•
•
Impartiality and Reliability,
Openness and Transparency,
Predictability and Consistency ,
Participation and Teamwork,
Based on Science and Information,
Innovation and Continuous Improvement,
Efficient Use of Resources,
Social Responsibility and Sensitivity,
End User (Consumer) Focus.
ICTA Chairman and Board Members
Board of Information and Communication Technologies Authority (Board), the decision-making
body of the Authority, consists of a chairman and six members. Chairman, as the top manager of
the Authority, is responsible for general administration and representation of the Authority. Board
selects one of its members as a Deputy Chairman upon request by Chairman. Members of the
Board represent telecommunications sector, telecommunications services, radio-communications
services and consumers.
ICTA is a state organization with a special budget, financial and administrative autonomy, and is
responsible to fulfill its powers and functions given by the Acts in force. The Authority is related to
the Ministry of Transportation.
13
Information and Communication Technologies Authority
Policymaking, regulation and operation functions are separated by the Law No 4502 dated
27 January 2000, amending the Laws No 406 and 2813, which are the basic laws of
telecommunications sector. While policy making is the responsibility of Ministry of Transportation
regulation function is given to Telecommunications Authority. Telecommunications Authority,
established in 2000, is the first sectoral regulatory body of Turkey. The Authority is 102nd compared
to similar authorities in the world.
To remove the legislative untidiness, create competition in the sector, lessen the uncertainties for
operators and allocate resources to R&D, Electronic Communications Law has come into force on
10 November 2008 and the name of the Authority has changed to Information and
Communication Technologies Authority (ICTA).
The duties of the Authority described in Electronic Communications Law No 5809 can be
summarized as given below:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
16
Creation and maintaining the competition in the sector.
Protecting the rights of subscribers, users, consumers and end users.
Carrying out dispute resolution procedures between operators.
Tracking the developments and stimulating the development of the electronic
communications sector.
Planning and allocation of the frequencies, satellite position and numbering.
By taking into consideration the strategies and the policies of the Ministry of Transportation,
performing necessary regulations and supervisions, including:
• Authorization
• Tariffs
• Access
• Rights of way
• Numbering
• Spectrum management
Licensing for the installation and use of radio equipments and systems
Monitoring and supervision of the spectrum
Market observance and supervision
Detection and elimination of electromagnetic interference.
Transferring a specific financial resource to the Ministry of Transportation for research,
development and training activities pertaining to electronic communications sector.
Approval and supervision of the tariffs.
Approve the reference access offers submitted by the operators.
Ensuring publication and implementation of the harmonized national standards for all kinds
of systems and equipments.
Conducting frequency planning, allocation and registration procedures pertaining to radio
and television broadcasting.
•
•
•
•
Coordinating with the authorized organizations that will perform the construction,
measurement, maintenance and repair activities in electronic communications sector.
Conducting market analyses regarding electronic communications sector, determination of
the relevant markets and the operator/s with significant market power in relevant markets.
Participation in the works of international electronic communications associations and
organizations, pursuing the implementation of decisions.
Taking necessary measures specified by the legislation in force with a view to ensure that the
national security, public order or public services are duly.
Setting, auditing and/or having audited QoS standards of all types of services including
universal service and determination of principles and procedures regarding setting and
auditing of quality of services standards of services.
•
The Authority consists of 4 Vice Presidents, 13 Departments and Telecommunication
Communications Presidency with 4 Departments. There exist 7 regional directorates which locate
in Ankara, ‹stanbul, ‹zmir, Diyarbak›r, Mersin, Samsun and Erzurum. The organizational structure
of Authority is given below.
Figure 1: ICTA Organization Chart
By the end of 2009, ICTA has totally 652 employees and while 478 of them work in central units,
174 work in regional directorates. Number of ICT experts and assistant ICT experts in the Authority
is 162 and 123 of them are ICT experts.
390 employees have bachelor’s degree, 77 employees have master’s degree and 12 have PhD
degree.
17
Figure 2: Breakdown of Employees - Education
Currently there are 453 male employees and 199 female employees in the Authority. The
percentage of the male employees is nearly %69.
Figure 3: Breakdown of Employees - Gender
18
Electronic Communications Market
Turkish electronic communications market has developed rapidly since liberalization on 1st January
2004. The number of players in the market tended to increase continuously after liberalization. As
of February 2010, there exist 365 operators in the electronic communications market.
1.
Table 1: Number of Authorized Operators
Authorization Type
Services
Authorization
Agrement
Satellite and Cable TV Services
1
Concession Agreement
GSM Services
IMT-2000/UMTS Services
Various Telecommunications Services
3
3
1
Authorized by Notification
Satellite Telecommunications Services
Satellite Platform Services
Infrastructure Operation Services
Internet Service Pr›viders
Fixed Telephone Services
Wired Broadcasting Services
GMPCS Mobile Telephony Services
Mobile Virtual Network Operator Services
Authorized by Rights of Use
GMPCS Mobile Telephony Services
PMR/PAMR Services
Infrastructure Operation Services
Fixed Telephone Services
Directory Information Services
TOTAL
Number of Operators
19
3
45
103
69
10
3
11
2
59
6
19
8
365
Fixed and mobile operators’ total sales revenues which constitute the most important part in total
electronic communications sector revenues are shown in the Figure 4. From the beginning of
liberalization process in 2004 to 2009, total sales revenues increased continuously. As of the end
of 2009, total sales revenues of Türk Telekom and mobile operators have reached to 20.5 billion
TL. The share of mobile operators in total revenues became 63% and Türk Telekom’s share
decreased to 37%.
19
Figure 4: Net Sales
Similar to developments in electronic communications sector, the amount of investments also
tends to increase. Total amount of investments in the last 6 years in terms of Türk Telekom and
mobile are shown in Figure 5 comparatively. Following an increasing trend in the last six years,
total investments in electronic communications market in 2009 witnessed a considerable growth
with the effects of authorization of 3G services. In 2009 investment amount increased by 46% and
reached to just over 6.6 billion TL. Investment amount of Türk Telekom reached 1,215 million TL
in 2009 and mobile sector’s investment reached 4.606 million TL that represents a growth rate of
77% since last year.
Figure 5: Türk Telekom’s and Mobile Operators’ Investment
20
Total annual traffic volumes and their distributions in terms of fixed and mobile operators in Turkish
electronic communications market are given in Figure 6. As shown in the figure, in 2009 mobile
traffic increased significiantly. In 2009, total mobile call volume exceeded 108 billion minutes with
an increase rate of 44% since last year. On the other hand, representing 17% of total call volumes
fixed call volume decreased by 18% since 2008 to 22.7 billion minutes.
Figure 6: Total Call Volume
Distribution of fixed and mobile total call volumes in Turkey is given in Figure 7. The figure
indicates that mobile to mobile calls have the biggest share (approximately 78%) in total telephone
traffic. Mobile to mobile traffic consists of mobile on-net calls and mobile off-net calls destinating to
other mobile networks. On the other hand the figure shows that fixed to fixed call volume follows
a decreasing trend since 2006. While representing 46% of total call volume in 2006, fixed to fixed
call volume now accounts only 15% of total call volume.
21
Figure 7: Traffic Distribution (%)
1.1. Fixed Market
The number of subscribers and penetration rates for fixed telephony since 2003 is given in Figure
8. The number of fixed subscribers decreased to 16.5 million with a penetration rate of 23.1%.
Considering the fact that average household rate in Turkety is around 4.4 in Turkey, it can be
concluded that fixed line services reach to a significant proportion of Turkish citizens.
Figure 8: Fixed-line Subscribers and Penetration
22
Türk Telekom (TT) started to launch new tariff packages based on usage patterns of subscribers in
2004. Figure 9 indicates the breakdown of fixed telephony subscribers in terms of tariff packages.
As of 2009, 50% of the subscribers are in Economic Line, 36% are in Standard Line, 6% are in
Jettvel and the remaining 2.7% are in other tariff packages.
Figure 9: Breakdown of TT’s Telephony Subscribers in Terms of Tariff Packages
Figure 10 illustrate trends in fixed voice traffic by call types since 2006. The figure shows that
on-net traffic volume1 keeps its share and represents 88% of TT’s total traffic. On the other hand
due to investments in DSL technology and increase in broadband availability, number of dial-up
subscribers fell down and dial-up’s share in total traffic decreased to 1%. TT’s total fixed voice traffic
totaled over 22.7 billion minutes in 2009 with a decrease rate of 16% since 2008.
Figure 10: Breakdown of TT’s Traffic (%)
1
Local and intercity traffic
23
FTS operators provide local, intercity and/or international telephony services to the end users by
using any technology over any telecommunication network and infrastructure.
The intercity traffic volumes2 of FTS operators and Türk Telekom until second quarter of 2009 are
given in Figure 11. According to this figure, FTS operators reached a share of 11% as of the
second quarter of 2009.
Figure 11: Shares of FTS – TT in Call Origination (intercity) Traffic
Figure 12 illustrates traffic volumes of FTS operators and TT for the last two quarters of 2009. In
this period, the share of FTS operators and TT accounted 2.6% and 97.4% respectively.
2
24
Intercity traffic volumes initiated from operators (FTS-TT)
Figure 12: Shares of FTS – TT in Call Origination (to TT) Traffic
Shares of FTS operators and Türk Telekom to mobile (based on traffic data) are given in Figure 13.
Share of FTS operators’ calls in total traffic is increased to 16% whereas 2008 was 11%.
Figure 13: Shares of FTS – TT in Call Origination (to mobile) Traffic
Shares FTS operators and TT based on call volumes3 destinating abroad are illustrated in Figure
14. While having a share of 14% in 2008, FTS operators increased their market share up to 17%
in 2009.
3
Call volumes from operators (FTS-TT) to abroad
25
Figure 14: Shares of FTS – TT in Call Origination (to abroad) Traffic
Shares of FTS operators and Türk Telekom in total call volumes that originated from fixed networks
are given in Figure 15. While the share of FTS operators is 3.17% in 2008, its share reached
4.19% in 2009.
Figure 15: FTS-TT Shares’ in Total Fixed Traffic
The comparison of FTS operators’ total revenues with Türk Telekom’s total voice services is given
in Figure 164. Market share of FTS operators is 10% in total voice services market based on
revenues in 2009.
4
The values are calculated from the revenue data which is sent by FTS operators quarterly and data which is
sent by Türk Telekom about call revenue derived from intercity, international and GSM calls.
26
Figure 16: FTS Revenues – TT Voice Services Revenues Comparison (%)
1.2. Internet and Broadband Data
Competition in the broadband internet services market is developing. After the opening up of
ADSL and G.SHDSL ports of incumbent operator to the use of ISPs, resale of broadband access
services commenced. On the other hand, ISPs started to be served by Türk Telekom’s infrastructure
for the provision of broadband services via bit stream access.
The breakdown of internet subscribers by connection type and growth rates is given in Table 2 on
an annual basis. By the end of 2009 number of internet subscribers in Turkey reached up to almost
6.8 million. The amount of increase in the internet subscriber number is approximately 13%.
Table 2: Number of Internet Subscribers
2004
ADSL
452.398
Cablo Internet 37.404
ISDN
14.005
Satellite
2.203
Mobile
TOTAL
508.014
Growth Rate (%)
2005
2006
2007
2008
2009
6.216.028
146.622
16.570
7.074
396.363
6.782.657
13%
1.539.477
31.729
14.298
2.823
2.813.143
27.804
14.535
7.164
4.545.795
41.109
15.297
6.884
5.894.522
67.408
17.096
7.075
1.590.332
213%
2.864.652
80%
4.609.085
61%
5.986.101
30%
ADSL is the most common ways of broadband subscription in Turkey. The number of ADSL
subscribers increased rapidly during the recent years. This trend is illustrated in Figure 17. Number
of ADSL subscribers has reached to 6.2 million with an increase rate of 5% since previous year. On
the other hand, with the authorization of 3G services in July 2009, the number of mobile
broadband subscribers is reached up to 400,000 at the end of 2009.
27
Figure 17: Number of ADSL Subscribers
The breakdown of broadband technologies in Turkey and EU are compared in Figure 18. The
share of DSL technology in Turkish broadband market is 97.3% whereas it has a share of 79.4%
in EU. The share of cable modem technology in Turkey and EU are 15.3% and 2.3% respectively.
*January 2009 data for EU, December 2009 data for Turkey
Figure 18: Shares of Broadband Technologies in Turkey and EU
28
In terms of broadband access speeds, Figure 19 indicates that approximately 62 percent of
subscribers prefer 1 Mbps connection with 4GB quota. On the other hand, in 2009 with the new
attractive service packages, almost 34 percent of subscribers switched to the new packages
providing speed up to 8Mbps.
Figure 19: Breakdown of ADSL Subscribers by Access Speeds
Figure 20 indicates development of market shares of broadband operators since 2006. As of 2009
the share of alternative operators reached to 6.3%. Compared to the previous year, alternative
operators’ subscriber number increased by 29%. Subscription to TTNet increased by 4% in the
same period, however its market share in the market decreased to 85.3% With the authorization
of 3G services in July 2009, the number of mobile broadband subscribers has a share of 6% as
the end of 2009.
Figure 20: Market Shares of Broadband Operators, (%)
29
Market shares of incumbent operators in retail broadband services market in EU countries are
given in Figure 21. Incumbent operators’ average share in broadband market is 46% in EU
countries, whereas TTNet has 91% market share in Turkey. Nevertheless, use of alternative
operators’ service has been increasing since the availability of resale, bit stream access and local
loop unbundling methods. As of the end of 2009, there are 14,386 LLU based subscriber and
7,287 resale subscribers. Other broadband subscribers are served by bitstream access.
*Source: EU 14. Progress Report
**January 2009 data for EU, December 2009 for Turkey.
Figure 21: Shares of Incumbents and Alternative Operators in Retail Broadband Services in
Turkey and Some EU Countries, (%)
Broadband penetration rates for Turkey and some EU countries are given in Figure 22. Despite
the high increase rates in recent years, penetration rate in Turkey is still below than EU average.
However, given the differences in average number of households among countries, a
comparison based on household penetration rates might be more reliable.
* Source: EU 14. Progress Report
**July 2008 data for EU, December 2009 data for Turkey.
Figure 22: Broadband Penetration Rates in Turkey and Some EU Countries
30
Broadband penetration adjusted by household rates is given in Figure 23. In this case, EU average
for broadband penetration is rate in EU countries is 55%, whereas penetration rate for Turkey is
almost 40% that is a closer figure to the average of EU compared data in Figure 23.
* Source: EU 14. Progress Report
**January 2008 data for EU, December 2008 data for Turkey.
Figure 23: Household Broadband Penetration Rates in Turkey and Some EU Countries
1.3. Mobile Market
There are 62.8 million mobile subscribers with a penetration rate of 88%. Annual growth of mobile
subscribers and penetration rates are given in Figure 24. The figure also reflects the number of 3G
subscribers that exceeded 7 million in 2009 with the authorization of 3G services in July 2009.
Figure 24: Number of Mobile Subscribers and Penetration Rates
31
Mobile penetration rates in some EU countries and Turkey are compared in Figure 25. Mobile
penetration rate average for EU countries is 112% as of October 2009, whereas it is 88% in Turkey
by the end of 2009.
* Source: Comreg, 2009.
** October 2009 Data for EU, December 2009 data for Turkey.
Figure 25: Mobile Penetration Rates in Turkey and Some EU Countries, (%)
The annual development in mobile penetration rates in EU countries and Turkey are given in
Figure 26. While mobile penetration rate is similar to trend in EU countries since 2004, there is a
slight decrease in 2009 due to number portability.
* Source: Comreg, 2009.
Figure 26: Annual Mobile Penetration Rates in Turkey and Some EU Countries, (%)
32
Profile of mobile subscriptions in Turkey is compared with some EU countries in Figure 27. Prepaid
subscribers represent 75% of total mobile subscribers and postpaid subscribers represent the
remaining 25%. In EU countries prepaid and postpaid mobile subscribers represent 58% and 42%
of total subscribers respectively. Share of prepaid subscribers in mobile market is much higher than
EU average in Turkey.
Figure 27: Prepaid/Postpaid Mobile Subscriptions in Some EU Countries
Market shares of mobile operators in terms of subscribers are given in Figure 28. The market shares
of Turkcell, Vodafone and Avea are 56%, 25% and 19% respectively.
Figure 28: Market Shares of GSM Operators by Subscriber Numbers, 2009
33
The annual growth of total SMS and MMS numbers are given in Figure 29. The number of MMS
fluctuates at low levels while the number of SMS tends to increase rapidly, especially after 2008.
Especially young people, encouraged by operators’ promotions and campaigns, use SMS services
frequently. While the number of SMS numbers passed level of 128 billion in 2009, the number of
MMS reached 110 million.
Figure 29: Number of SMS and MMS by Years
Annual trend of ARPU for fixed incumbent operator and the average ARPU of three mobile
operators are given in Figure 30. Average ARPU for mobile operators has reached to 17.2 TL.
with an increasing trend. On the other hand, ARPU for fixed line is decreased to 22.8 TL in 2009.
Figure 30: Average ARPU Values for Incumbent Operator and GSM Operators
34
Table 3: EU MoU comparison
Country
France
Irland
Turkey
UK
Spain
Italy
Portugal
Germany
MoU (minutes)
Another indicator that is widely used for measuring mobile telephony usage is “minutes of usage”
(MoU) that represents the average usage amount. MoUs in mobile telephony for some EU
countries and Turkey is given in Table 3. The average monthly mobile usage in Turkey is 189
minutes.
253
226
189
177
160
137
124
104
*Source: Comreg (2009)
** December 2009 Data for Turkey.
35
2.
Regulations and Activities related to
Competition
2.1. Market Analysis
After Electronic Communication Law no: 5809 had come into force, “Ordinance on Principles and
Procedures in the Electronic Communications Sector for the Determination of the Undertakings
with Significant Market Power and the Remedies” was published on Official Gazette dated
1 September 2009 This Ordinance was prepared to replace “Ordinance on Principles and
Procedures for Determination of the Operators with Significant Market Power”.
In the process of determining the operators having SMP, it is aimed to apply specific obligations
to these operators. By this way, it is intended to prevent the operators’ misuse of their SMP
position against new entries or firms that try to compete with these operators.
Market analysis had started in 2005 in Turkey and analysis of markets related to fixed, mobile and
broadband was completed by January 2006.
16 of 18 relevant markets in EU Recommendations have been examined in 9 consultation
documents given below and operators with SMP have been determined.
Table 4: Related Markets and Designation of SMP
Relevant Markets
Markets related to Call Services over Fixed Network
Access to Fixed Telephone Network Market
Call Origination and Termination Markets in Fixed Network
Markets related to Leased Lines
Wholesale Call Termination Market on Fixed Public Telephony Networks
Wholesale Broadband Access Market including Bitstream Access
Full Unbundled Access (including shared access) to Copper Network
for the Purpose of Providing Broadband and Voice Services
Access and Call Origination on Mobile Networks
Mobile Call Termination Market
36
Operators
Designated as SMP
Türk
Türk
Türk
Türk
Türk
Türk
Türk
Telekom
Telekom
Telekom
Telekom
Telekom
Telekom
Telekom
Turkcell
Turkcell, Vodafone,
Avea
Table 5: Related Markets, Designation of SMP and Obligations
Relevant Markets
Operators Designated
as SMP
Remedies Imposed on SMP
Operator (s)
Publicly Available Local,
National and International
Telephone Services
Provided at a Fixed
Location
Türk Telekom
Access
Carrier selection and carrier pre
selection
Non discrimination
Transparency
Price control
Single Billing
Call Termination
Markets in Fixed Network
‘Türk Telekom’
and ‘fixed telephony
operators who have
been assigned
a number’
Türk Telekom
Interconnection
Non discrimination
Transparency
RIO
Cost Oriented Pricing
Cost Accounting and Accounting
Separation
Co-location
Within the context of second round market analysis, previous market analysis was reviewed and
consultation regarding to new analysis was taken. The final decisions and related documents were
also published on ICTA web site. The operator determined as having SMP and relevant markets
are given below.
Fixed telephony operators
who have been assigned a
number
Interconnection
Non discrimination
Transparency
Full Unbundled Access
(including shared access)
to Copper Network
for the Purpose of
Providing Broadband and
Voice Services
Türk Telekom
Local loop unbundling access
Non discrimination
Transparency
RIO
Separation
Co-location and facility sharing
37
38
Relevant Markets
as SMP
Operator (s)
Wholesale leased line
Türk Telekom
Access
• Peer to peer leased line (including
ATM, Metro Ethernet, G.SHDSL)
• Partial leased line (including Metro
Ethernet)
Non discrimination
Transparency
RIO
Separation
Wholesale Broadband
Access Market including
Bitstream Access
Türk Telekom
Wholesale broadband access (xDSL
resale, xDSL IP/ATM level bit stream,
ATM, FR, Metro Ethernet internet
resale), Naked ADSL/VDSL wholesale
broadband access (IP level bit stream
access)
Non discrimination
Transparency
RIO ((xDSL resale, xDSL IP/ATM level
bit stream access, ATM, FR,
Metro Ethernet internet resale)
Price control
Separation
Access and Call Origination
on Mobile Networks Market
Turkcell
Access and Interconnection
Non discrimination
Transparency
RIO
Separation
Co-location
Mobile Call Termination
Market
as SMP
Turkcell, Vodafone,
Avea, and other
mobile operators
Operator (s)
Turkcell, Vodafone and Avea
Interconnection
Non discrimination
Transparency
RIO
Separation
Co-location
Relevant Markets
Mobile Operators except Turkcell,
Vodafone and Avea
Interconnection
Non discrimination
Transparency
Market analyses are done once in every three year. Besides this, Authority can do market analysis
before three years on its own initiative or upon justifiable request from operator(s).
39
2.2. Access and Interconnection Regulations
2.2.1. Access and Interconnection Ordinance
Within the Part 2 Section 2 of the Electronic Communications Law numbered 5809, a legal
framework is envisaged in the area of access and interconnection by laying down the essential
regulatory topics in this regard, and the pertinent rights and obligations of the operators are set
out generally. On the other hand, Ordinance on Access and Interconnection, after being
published in the Official Gazette dated 8 September 2009 and numbered 27343, has entered into
force in view of the transposition of the EU Regulatory Framework into the legislation of our
country, the requirement of detailed regulation as regards the issues confronted in the context of
implementation, the need to transpose the issues, that would enrich efficiency and competition,
not prevailing in the Law by taking the experiences into account.
Within the framework of the said Ordinance, many important amendments such as allowing
conclusion of dispute resolution in a more effective and accelerated manner, expansion of the
scope of the access, introduction of remedies that are more transparent, differentiated and
enabling creation of competition within the meaning of access regulations, giving the way to
implement other methods than long run incremental cost of efficient service provision in access
pricing though accepting the said method as the principal method, explicitly stating the binding
feature of the reference offers, repealing of the Ordinance on Procedures and Principles regarding
Making National Roaming Agreement, which is for the time lacking functionality, are put into
force.
2.2.2. Interconnection Rates
As required by the provision of Article 20 of Electronic Communications Law No. 5809 “(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 as cost oriented.
(2) In case the Authority notices that the obliged operators have not set their tariffs as costoriented, 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.”, the Authority approved the Interconnection Tariffs for access and
these tariffs shall remain in force until a new version is published. In this framework, the
Interconnection Charges for operators having Significant Market Power (SMP) were published on
10 April 2009 as to be effective form 1 May 2009 as given in the table below.
40
Rates for call origination/termination on Turk Telekom’s
network (Kr/mn)*
Local
InZone
OutZone
1.71
2.70
1.39
Rates for Call Termination on GSM Networks (Kr/mn)*
Turkcell
Vodafone
Avea
6.55
6.75
7.75
Table 6: Interconnection Tariffs
(*) Rates indicate net values (excluding taxes).
Also, the Interconnection Charges for 3G operators were published on 15 July 2009 as to be
effective form 30 July 2009.
Table 7: 3G Interconnection Tariffs
Rates for Call Termination on 3G Networks (Kr/mn)*
Implementation
Date
30 July 2009
Types of
Calls
Avea
Voice Calls
Video Calls
7.75
7.75
Turkcell
6.55
7.75
Vodafone
6.75
7.75
(*) Rates indicate net values (excluding taxes).
2.2.3. Local Loop Unbundling and Wholesale Broadband Access
Local loop unbundling (LLU) is an access method which enables alternative operators to offer
voice and broadband services (internet access, IPTV, data) utilizing the local loop (the part of the
PSTN network consisting of copper wires from the exchange offices to the customer premises)
owned by Türk Telekom at the wholesale level. Currently two types of LLU namely ‘full access’ and
‘shared access’ have been implemented in Turkey. 163 central offices have been opened to access
of alternative operators by the end of 2009 under the LLU regulations of the Authority. Currently
alternative operators are able to almost 7 million PSTN and 2.6 million ADSL subscribers via the
above mentioned 163 central offices. Co-location areas and problems encountered at central
offices opened to access have been observed within the central office surveys carried out in June.
Moreover the outdoor DSLAM implementations of the incumbent operator are also observed.
Besides LLU, operators can offer broadband internet access services to their customers using Türk
Telekom’s other wholesale broadband access services such as xDSL simple resale and xDSL
bit-stream access (BSA) which enable ISPs to access to the fixed broadband network at different
levels. Some promotional campaigns including LLU in the above mentioned wholesale access
services have been approved by the Authority upon Türk Telekom’s proposal in 2009.
41
The Promotion that is approved in 2008 and remained in force until the end of 2009, which is
targeted to new customers and includes three months free usage in ADSL Re-Sale and IP Level
BSA models, has been continued with some differentiations in 2009. In this context, the new
promotion approved in April includes free connection and one monthly rental for the new
subscriptions in ADSL resale and IP BSA models starting from May to the end of the year. The
Board Decision, in which the mentioned promotion is approved, has ordered that the temporary
tariff changes like campaigns, must seek a balance between broadband access models and LLU
so that one specific access model is not favored against others. In this context, it is underlined that
the promotions that will be implemented by Türk Telekom in future should cover all broadband
access models.
Similarly, in another Board Decision issued in April it is stated that “in tariffs and promotions
submitted to Authority for approval by Türk Telekom there should be a balance and consistency
among the broadband access models in terms of conditions, provisions and prices as well as the
margins proposed.
In December 2009, three different promotions that proposed by Türk Telekom were approved.
The first one consists of 2 months of free of usage for the new customers in all wholesale
broadband Access models for TTNet ( subsidiary of Türk Telekom), and three months free usage
for operators other than TTNet, until the end of June. In the second one, the connection fee is
free for Re-sale and IP BSA model, and 50% discounted for LLU.
The third promotion is on tariffs of transmission services which constitutes a big amount in total
costs of ISPs. Accordingly the tariffs of Metro Ethernet internet circuits that is used in IP/ATM BSA
and LLU models by alternative operators (excluding TTNet) will be provided 50% discounted until
the end of June 2010. In addition, tariffs of point to point Metro Ethernet circuits will be provided
20% discounted if requested by alternative operators.
With the promotions approved that are mentioned above, it is provided that the infrastructure
investment incentives are increased in accordance with the legislative framework. And also the
mentioned promotions are expected to reduce operational costs of ISPs, help consumers benefit
from broadband internet service users with reduced prices and contribute to the growth of the
retail broadband internet access market.
The figures for ISPs’ subscribers by the end of 2009 with the breakdown of LLU, BSA and simple
resale are provided in the table below.
Table 8: Number of Subscribers by Type of Access (end of December 2009)
LLU
# of subscribers
42
14,836
IP BSA
Re-Sale
6,197,157
42,191
TOTAL
6,254,184
2.2.4. Reference Access Offers
Reference offers have a great importance in the sense that the conditions for interconnection with
operators having significant market power can be set forth, projections regarding the sector can
be clarified and especially the new operators can estimate under what conditions they will enter
the market. Obliging the operators having significant market power to publish Reference Offer is
a widely accepted regulatory practice across the world. In Turkey, conditions regarding the
reference offers are regulated under the Article 19, titled “Reference access offer” of the Electronic
Communications Law No.5809 and under Article 11, titled “Reference access offers and
transparency” of the Ordinance on Access and Interconnection.
2.2.4.1. Reference Interconnection Offer of Türk Telekom
The revised Reference Interconnection Offer of Türk Telekom (RIO) has been published in
December 2009 following the approval of the Authority. The number of tandem and local points
of interconnection has been increased, which will provide the operators, having interconnection
with Türk Telekom, with the ability to reap more benefit from interconnection charges at several
network levels. By this way, efficient utilization of bottleneck networks and sustainable competition
of alternative operators which have the ability to access to unbundled network elements have
been targeted.
Another study that has been initiated in 2009 is the development of “Service Level Agreement”
(SLA) that would be the annex of Türk Telekom RIO. In this context, draft SLA that is prepared by
Türk Telekom has been submitted to ICTA and the public consultation process has been completed
in 2009. The approval procedure is planned to be finalized in 2010.
Also, removal of the “interconnection service fee” that is charged for all the provinces that the
operators are interconnecting with Türk Telekom, clarification of the amounts, terms and
conditions of “letter of guarantee”, removal of uncertainties regarding the procedures and
sanctions in case of breaking the payment obligations can be classified among the main updates
within the new RIO providing developments for the operators having interconnection with Türk
Telekom.
2.2.4.2. Reference Unbundling Offer of Türk Telekom
The Reference Unbundling Offer of Türk Telekom has been first approved in November 2006.
Some revisions related to the fees have been made in July 2007 with which monthly rental fees
were decreased. In line with the relevant legislation, draft offer submitted by Türk Telekom in
March 2008 has been opened to public consultation and then approved in February 12th, 2009.
In the approved Offer, co-location fees have been decreased, some improvements in ‘block’ and
‘circuit’ installation procedures have been made, and the list of exchanges that would be opened
for LLU until the end of 2010 has been determined. On the other hand, the document that would
allow the alternative operators to carry their own traffic from Türk Telekom exchanges to their POP
or internet backbone has been approved as an annex of RIO, RUO, BSA Reference Offers in
February 12th, 2009.
43
Another study that will allow the subscribers to switch their xDSL provider easily with the least
possible cut-off period has been undertaken. The migration process, which will cover both
switching of broadband internet operators for subscribers and switching of broadband access
models for operators, is expected to be finalized and approved in 2010.
Apart from the regulations mentioned above, one off connection fees and monthly rental charges
are decreased in June 2009. With an approximately 30 % decrease full and shared access
connection charges were approved as 68 TL and 74 TL. Moreover, with a 10 % decrease full
access monthly rental fee was approved as 15,3 TL which was previously 17 TL.
Since naked DSL is not available yet, customers have to buy telephone service in order to have
DSL internet service offered via some wholesale access models (‘Re-sale’, ‘BSA’ and ‘shared access’).
When telephone service is canceled for any reason, internet service also has to be cancelled. By
the amendment which is performed by the Authority to protect consumers in Re-sale, BSA and
LLU reference offers, it is ensured that when a subscriber cancels his/her fixed telephone
subscription Türk Telekom will inform the relevant ISP offering xDSL to that subscriber.
2.2.4.3. Türk Telekom Reference xDSL Resale Offer
In accordance with the relevant legislation and regulations, Reference xDSL Resale Offer has been
offered to the Authority by Türk Telekom at the end of June 2009. The public consultation process
regarding to the draft offer has been completed and approval procedure of the reference offer is
ongoing. Besides, some new re-sale tariffs proposed by Türk Telekom, have been included to
existing offer upon approval by the Authority. In this context, ADSL 2 Mbit/s with 4 GB quota,
ADSL 8 Mbit/s unlimited, MEB ADSL 2 Mbit/s, 4 Mbit/s unlimited, ADSL up to 8 Mbit/s unlimited,
with 4 GB and 6 GB quota, ADSL 512 Kbit/s with 512 MB quota and ADSL2+ 16 Mbit/s unlimited
resale tariffs have been approved in 2009 and included to Türk Telekom Reference xDSL Resale
Offer.
2.2.4.4. Türk Telekom Reference Offer for IP Level Bit Stream Access
In accordance with the relevant legislation and regulations, Türk Telekom Reference Offer for IP
Level Bit Stream Access has been offered to the Authority by Türk Telekom at the end of June
2009. The public consultation procedure regarding to the draft offer has been completed and
approval procedure of the reference offer is ongoing. Besides, some new IP level BSA tariffs
proposed by Türk Telekom have been included to existing offer upon approval by the Authority.
In this context, ADSL 2 Mbit/s with 4 GB quota, ADSL 8 Mbit/s unlimited, ADSL up to 8 Mbit/s
unlimited, with 4 GB and 6 GB quota, ADSL 512 Kbit/s with 512 MB quota and ADSL2+ 16 Mbit/s
unlimited IP BSA tariffs have been approved in 2009 and included to Türk Telekom Reference
Offer for IP Level Bit Stream Access.
2.2.4.5. Türk Telekom Reference Offer for ATM Level Bit Stream Access
Reference Offer for ATM Level Bit Stream Access which was first approved in 2008 came into force
on 1 July 2009. There is no operator that has signed contract with Türk Telekom to offer
broadband internet service via ATM Level BSA model by the end of 2009. On the other hand, ATM
BSA tariffs of 8 Mbit/s unlimited packet have been approved in February 2009 and included to
existing Reference Offer.
44
2.2.5. Dispute Resolution Procedures
In accordance with the relevant legislation, in case that the operators cannot reach an agreement
on access, including interconnection, any of the parties may apply to the Authority for running the
dispute resolution procedure.
2.2.4.6.Mobile Operators’ (Avea, Turkcell, Vodafone) Reference Interconnection Offers
Reference Interconnection Offers of the three GSM operators were examined under the frame of
legislations and submitted opinions within the public consultation process, and then approved by
changing related Articles and published on December 15th 2009.
With the new Ordinance on Access and Interconnection published in September 2009 in order to
maintain compliance with new Electronic Communications Act, there have been some changes in
the dispute resolution procedures carried by the Authority. Primarily, the maximum period that has
to pass to apply to the Authority for dispute resolution has been reduced from 3 (three) months to
2 (two) months. Furthermore, Authority has been entitled to determine the prices and provisions
subject to dispute in 2 (two) months, excluding exceptional cases, starting from the date dispute
resolution procedure have been initiated. With the changes in the new Ordinance, compliance
with the EU acquis in terms of out of court resolution has been achieved, and also the Authority
had the right to reject the request for dispute resolution in some cases.
Within the framework of dispute resolution procedures carried out by the Authority, the settlement
applications of operators’ interconnection disputes have been evaluated and twenty eight cases
have been concluded in 2009, in which the provisions, conditions, and charges have been
determined regarding the disputed matters.
Table 9: Dispute Resolution Procedures Concluded by the Authority in 2009
Parties Having Dispute Between
5
Number
FTO5 Operators – Turk Telekom
FTO Operators – GSM Operators
GSM Operators – GSM Operators
Turk Telekom – GSM Operators
DQ (Directory Enquiry Services) Operators –
GSM Operators
MVNO- GSM Operators
2
14
4
4
Total
28
2
2
Fixed Telephony Operator
45
2.2.6. Access Agreements
Access and interconnection agreements that are signed between the operators have been
submitted to the Authority in accordance with the relevant legislation. The type and number of
agreements that have been submitted to the Authority so far within this context are shown in
Table-10.6
Table 10: Access and Interconnection Agreements Submitted to the Authority
Parties to the Agreement
PSTN – Mobile
Mobile – Mobile
PSTN – FTO (call origination
and termination on PSTN)
A Type:10
B Type:8
C Type:13
PSTN-FTO (Termination on FTO)
Local Loop Unbundling
(PSTN-ISP, FTO etc)
Bit Stream Access
(PSTN-ISP, FTO etc.)
xDSL Wholesale (Resale)
(PSTN-ISP)
GSM – FTO
FTO – FTO
PSTN – GMPCS
GSM – GMPCS
FTO – GMPCS
DQ Operators – GSM
Total
Number
3
3
31
4
9
13
24
50
29
1
6
1
9
183
Agreements on access and interconnection submitted to the Authority have been examined in
accordance with the provisions of laws and regulations. The provisions that include contradictions
to the legislation are notified to the operators and it is ensured that the necessary amendments
be made.
6
46
The total number of agreements which are signed between the operators and submitted to the Authority by
the end of 2009 is given in the table. Interconnection agreements that are signed with the foreign operators
are not included in the table.
2.2.7. Accounting Separation and Cost Accounting
Electronic Communications Law No. 5809 regulates the cost accounting and accounting
separation in a specific provision whereby ICTA has been empowered to impose accounting
separation obligation to the operators having significant market power (SMP) in the relevant
market. Accordingly such a provision provided by the primary legislation has strengthened the
legal basis of this specific obligation which also aligns the Turkish regulatory framework with the
EU acquis.
With the enactment of the Electronic Communications Law ICTA is authorised to impose the
operators to publish the information and documents they have prepared within the scope of their
accounting separation and cost accounting obligations. Furthermore, ICTA may publish such
information and documents by itself if deemed necessary.
In July 2009, conclusive accounting separation reports of Türk Telekom, Turkcell, Avea and
Vodafone, which are designated as SMP-operators, have been submitted to the ICTA. In this
regard the auditing process of the submitted reports regarding year 2008 are being performed.
With the revision of “Principles and Procedures for Accounting Separation and Cost Accounting
Obligations” in 2010 accounting separation reports of 2009 will be submitted to ICTA according
to the new Principles and Procedures.
2.2.8. Data Communications Services
In line with the relevant legislation internet access and data communications tariffs of Türk
Telekom are subject to regulation. In 2009, 21 (twenty one) Board Decisions have been issued
regarding tariff approval applications of Türk Telekom on internet access (except xDSL) and data
communications services. In all one unfavorable decision was issued on twenty one of tariff
proposals. The board decisions issued in 2009 on tariffs of mentioned services, which are mostly
concerning data communications, have leaded to many significant developments in both retail
and wholesale market. Some promotional campaigns regarding current services have been
implemented and some new services such as Local Access Back-up for Leased Lines and point to
point Metro Ethernet services have been started to be offered within the tariff approval decisions
taken in 2009. Tariffs of 622 Mbit/s, 2,4 Gbit/s, 10 Gbit/s for leased line services, and 2 Gbit/s, 5
Gbit/s, 10 Gbit/s for point to point Metro Ethernet and Metro Ethernet internet services have
entered into force upon approval of the Authority in 2009.
47
3.
End User Regulations and Activities
3.1. Tariff Decisions Related to Retail Fixed Telephony
The new Tariff Ordinance published in the Official Gazette no.27404 dated 12 November 2009.
Compared to the former Tariff Ordinance, “the notification procedure” has been the most
important change in the scope of the new Ordinance. Unless otherwise stated by Authority, the
retail tariffs of operators with significant market power are subject to “the notification procedure”
according to the scope of Tariff Ordinance. On the other hand, “Communiqué on Principles and
Procedures for Approving the Tariffs related with Some Services of Operators having Effective
Market Power in the Markets of Access to Fixed Telephone Network or Calling Services via Fixed
Networks through the Method of Price Cap” was abrogated at the end of 2009.
Generally speaking, tariffs and short-term campaigns of Türk Telekom which has significant market
power can be categorized into four groups: minute-based and second-based tariffs, flat-rate tariffs,
and tariffs of convergence services (Videofon and Wirofon). Current minute-based tariffs of the
fixed telephony services provided by Türk Telekom have been approved and put into force in
August 2008 and these tariffs have not been changed in 2009. Before entry into force of new
Tariff Ordinance, Türk Telekom has applied to the Authority also for new flat-rate bundled calling
services and for one second-based tariff in 2009. In the scope of these flat-rates, specific amounts
of air time (on-net local and national calls and off-net calls) are given to the customers in return
of the amount paid for the bundled services. On the other hand, after entry into force of the
Ordinance, Turk Telekom has also notified its’ new flat-rate tariffs, tariffs of convergence services,
and their campaigns to Authority.
3.2.Tariff Decisions Related to Retail Mobile Telephony
Pursuant to the provisions in GSM Concession Agreements, which are signed between GSM
operators and the Authority, ceilings (maximum values) for tariffs to be applied for the end-users
by GSM operators are specified and approved by the Authority. Within this framework, ceilings for
the GSM tariffs have been specified and approved twice during 2009 in March and September.
Related to Board decisions, taken in 2007 and 2008 within the framework of the GSM end user
tariffs, in 2009 one more decision was taken and for the implementation of this decision one
decision need to be taken more has emerged. In addition, within the frame work GSM Tariff
Ceiling Schedule approval, in accordance with the regulation made for GSM to GSM and GSM to
PSTN calls tariffs, the tariff ceiling for mentioned call types are decreased from 0.84 TL/Min to 0.64
TL/Min.
In the context of mobile telecommunications services, it is seen that, by GSM operators, who
signed Concession Agreements to offer IMT-2000/UMTS (3G) services, besides the voice services
also data and internet access services was offered to the end users to in order to obtain new
subscribers and to increase the loyalty of the current subscribers as well. Furthermore, the
campaigns pertaining to the platforms allowing the offer of voice and data simultaneously within
the scope of 3G were widely used in 2009. Besides the plans promoting the usage of internet
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3.3. Facilitating the Subscription Process for the 3G Services
After the completion of authorization of 3G services in 2009, in an effort to facilitate the
subscription process of the consumers who want to use GSM services concurrently with 3G
services, a SMS-enabled approval process was granted. Thus, consumers do not necessarily need
to sign additional subscription contracts.
and SMS; new campaigns that offer various advantages to the end users who load new prepaid
minutes and new rates that allow the end users to make phone calls in certain amount of time in
every direction under a fixed rate were largely introduced.
3.4. Regulations on Long Distance Service Providers’ Billing Services
Turk Telekom (incumbent operator) was obliged to reserve space for Long Distance Telephony
Operators’ fees in the invoice for its customers. After the arousing dispute between Türk Telekom
and Long Distance Telephony Services (LDTS) operators about the charges of new billing services,
a dispute resolution process was handled by ICTA and material terms of the agreement, including
charges for the billing services was set. Subsequently, an exemption of the obligation is granted
to Türk Telekom for LDTS operator’s over a certain level of annual revenue which was
predetermined by the ICTA Board.
3.5. Regulations on Game and Melody Services (Premium Rate Services)
After receiving many consumer complaints about game and melody services (PRS) -peculiarly
subscription process and conditions of these services that may allow subscriptions by mistake- ICTA
Board has decided that the will power of consumers is essential in buying services and in order to
prevent consumer detriment and lower consumer complaints, regulation of subscription process
of these services is highly necessary. In the light of this perspective, according to ICTA Board
Decision taken on June, 2009, provision of game and melody services on GSM networks are
subject to: Prevent consumer detriment, Provide full reflection of consumer’s will power and
Inform the consumers pre-sale of the services about the service charges. In addition, according to
ICTA Board Decision taken on August 2009, the above mentioned Board Decision is conserved
and diversified as well as misleading information focus on consumers is prohibited strictly.
3.6. Updating Subscription Records
In respect of the provisional Article 5 of The Electronic Communication Law, “Regulation on
Updating Subscription Records” came into force. According to this regulation, subscriber who
hasn’t up-to-date identity information to his/her operator’s database is needed to update his
information otherwise the subscription should be canceled. Besides, in order to update
subscription records more effectively, a registration process is granted to end-users who aren’t the
subscriber of that account but want to use the service still without permission of the subscriber and
free. An appeal right is also granted to subscriber for one year within the registration process.
3.7. Regulation on Multiple Prepaid Subscriptions
Multiple prepaid subscriptions, which have held in the way of using personal data of other
subscribers without permission, can be used for the purposes of crime. This fact makes impossible
to investigate or to inquiry cases concerning public security as well. In respect of this situation,
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number of prepaid subscriptions that a user can make with same operator is restricted in order to
protect users of electronic communication services and reduce multiple prepaid subscriptions.
ICTA Board decided that subscribers, both on written or IVR applications may learn their prepaid
subscriptions after confirming their identities.
3.8. Emergency Call Services
It is highly important accessing the emergency numbers, gathering location data and transferring
it to the relevant party on swift and efficient intervention. Thus, in respect to the Article No:31 of
The Electronic Communication Law, “Regulation on Emergency Call Services” was prepared and
came in to force.
3.9. Regulation on Pre-paid Credits on GSM
In Turkey’s prepaid mobile market, a payment method known as prepaid credits has been used.
In this method, prepaid subscribers pay for buying 50/100/250/1000 prepaid credits and while
making call or sending SMS a declining meter is working backside. Thus, subscribers have
information on how many prepaid credit they have but not how many minutes they can talk or
how many SMS they can send. Although the prepaid minutes/SMS conversion information can be
reached though operator’s web pages and relevant tariff information, as conversion differentiated
operator by operator, the consumer perception is effected and can be easily confused.
In order to make more transparent market with full-informed consumers, the unit price of services
is needed to be exposed. ICTA Board Decision is taken in order to regulate this situation. In respect
of this regulation, it is decided to terminate prepaid credit application on April 1st, 2010 and
transit to TL based tariff system on prepaid numbers.
3.10. Use of Turkish Characters in Short Message Services
As a result of the studies with GSM and fixed telephone operators, new billing system has been
activated on 15 May 2008 and consumers are not paying more for short messages. So the unjust
treatment of consumers had been eliminated. Additionally, as a result of the studies performed
with European Telecommunications Standards Institute (ETSI), Third Generation Partnership
Project group, related Europe standard has been revised to include Turkish characters on
21March 2008.
Additionally it was planned to regulate the application procedures and principles, obligations of
providers and manufactures and also the sanctions to be applied in case of violation with an
ordinance to manufacturers in order to equip their devices according to the standards. The
Ordinance related to the use of Turkish Characters in Short Message Services has been published
in Official Gazette dated 16 May 2008 and numbered 27230. With the obligations of the
Ordinance, only entrance of the radio and telecommunication terminal equipment compliance to
standard which includes all the Turkish characters, has been permitted to our country since
July 1st, 2009.
Devices that do not comply with the provisions of these regulations is not allowed to enter the
market. Supply of those devices to the market had been interrupted by Authority if devices that
do not comply with the conditions in the Ordinance in audits.
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3.11. Service Quality at Fixed Electronic Communication Services
There is a variety of standards made by international standard institutes and regulations of
countries about quality of services in electronic communication. In our country, main framework
of service quality, especially voice services in mobile communication has been regulated. However
determination of service quality criteria, revision of service quality as respect to national needs and
international standards also effective audit system were needed in fixed electronic
communications market.
Firstly a report related to service quality had been prepared. Afterwards, a draft communiqué
“Service Quality of Fixed Electronic Communication Services” had been prepared to protect
consumer rights, to determine the criteria of service quality for operators and to determine the
obligations of operators and the standards for audits. Now it was revised in the framework of
interior and external thoughts and proposals about draft communiqué. Studies on draft
communiqué are following on and planned publication date is 2010. By the publication of
Ordinance, service quality criteria will be determined. So consumers can get better quality service
and will be able to chose the operators by comparable criteria.
3.12. GSM Coverage Area Studies
The studies begun by the end of 2007 for the extension and amendment of GSM rural coverage
areas have been continued, and there have been very important proceedings in this subject by
means of so-called studies. The goal to reach the situation to have at least an operator in the areas
having the population more than 500 has been generally completed. Besides the goal to reach
the situation to have at least an operator in the places having the population less than 500 have
been studied to be included to this study during the year of 2010.
3.13. Ordinance on Protection of Operators’ Trade Secrets and Publication of Publicly
Available Information
In order to increase the transparency, consumer awareness and promote the development of
competition in the telecommunications market by sharing detailed data of operators with the
public, “Ordinance on Protection of Operators’ Trade Secrets and Publication of Publicly Available
Information” has been published on the Official Gazette dated 28 May 2009 and number 27241.
After the ordinance came into force, data on: subscriber numbers, traffic volumes, net sales
revenues, market shares according to subscriber numbers, market shares according to traffic
volumes and market shares according to net sales revenues, realized level of investments, number
of employees and demographic distribution of employees, revenue, call traffic, investment, and
employee numbers per user, number of subscribers switching operators, quality of service
indicators (according to the criteria determined by ICTA beforehand) of network operators (on
residential areas and/or cities), coverage values, site survey results, and other quality of service
indicators on telecommunications field has been started to be published in parallel to the principles
of the Ordinance. The publication of the ordinance has great importance for increasing
transparency, efficient accessibility of consumers to reliable data, availability of internationally
comparable information, and promoting the development of competition in the
telecommunications industry.
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3.14. Consumer Complaints Center
Consumer Complaints Center, established for gathering and assessing demands and complaints
stemming from breaches of consumer rights by operators in the electronic communications sector
has been active since July 2002. Consumers conduct their complaints, requests and suggestions
via e-mail, telephony, fax and post to the Center. These complaints and requests are recorded,
statistically classified, analyzed and solutions for such complaints are sought.
In 2009, total number of applications to consumer complaints center is 3,397. The classification
of these applications is given in Table 11.
Table 11: Number of Applications by Subject
Subject
Number
Subscription Services
1005
Base Stations
425
Others
148
Invoice objections
140
Internet Services
479
Import
31
Not related with Authority’s activities
236
Suggestion
376
Tariffs
193
Thanks
34
Telecommunication Communication Presidency (Law No: 5397 and 5651) 216
Fixed Telephony Services – Number Portability
114
In the context of Right to information Law numbered 4982, there exist 2,187 applications to our
Authority. 257 of these applications are refused because of inappropriateness.
3.15. Cyber Security
ICTA is charged with providing information, network and communication security by the Law No
5809. In line with this duty, in 2009, ICTA, particularly in order to inform and increase awareness
of relevant parties, has prepared two reports entitled as;“Providing Cybersecurity: Current Situation
in Turkey and Necessary Precautions” and “Cybersecurity Activities of International Organizations”
and published them on its website.
ICTA has also actively participated in and contributed to many panels, conferences and
symposiums in 2009 for the purposes of building capacity of people taking part in the activities
aiming at securing cyberspace and informing citizens about threats, risks, vulnerabilities of
cyberspace and measures needs to be taken for providing cybersecurity.
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3.16. Draft Law Regarding Electronic Commerce
Commission preparing Draft Electronic Commerce Law established by Ministry of Justice that ICTA
taking part started its studies in order to harmonise 2000/31/EC Electronic Commerce Directive to
our national legislation by June 2009. There is a specific part regarding unsolicited
communications on Electronic Commerce Law Draft by contribution of ICTA.
In 2008, Turkey has become one of the top countries that distribute spam e-mails all over the
world. Taking this fact into account, ICTA, together with the volunteer Internet service and access
providers, developed and implemented the Anti Spam Project in 2009. As the result of this Project,
the amount of spam e-mails originating from Turkey has significantly decreased.
Commission completed its studies and Electronic Commerce Law Draft was formed by December
2009.
There are two schemes known as “opt-out” and “opt-in” regarding unsolicited communications in
the world. Opt-out is the scheme where an existing customer receives electronic
communications—usually on the basis of a prior relationship—without providing express
permission. On the other hand, “Opt in” is the scheme requires a potential customer to self-select
the services they wish to subscribe to, and how any information they provide may be used.
While opt-out scheme is put into practice in USA, opt-in scheme is put into practice in European
countries. 13th article of Directive 2002/58/EC of the European Parliament and of the Council of
12 July 2002 concerning the processing of personal data and the protection of privacy in the
electronic communications sector (Directive on privacy and electronic communications) puts into
practice prior permission method differently than Electronic Commerce Directive.
Specific part regarding unsolicited communications on Electronic Commerce Law Draft was
prepared according to prior permission, opt-in scheme, taking into account our country’s
European Union membership process and harmonisation to acquis communitaire. An exception
was made to this system for only tradesman and Merchant’s trading activity, first system was
accepted as right to reject after first electronic communication.
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4.
Authorization
4.1. Authorization Regulations
4.1.1. Ordinance on Authorization for Electronic Communications Sector
Pursuant to the Electronic Communications Law (ECL) no. 5809, Ordinance on Authorization for
Electronic Communications Sector (Authorization Ordinance) was prepared and published in the
Official Gazette dated 28 May 2009 and numbered 27241. This Ordinance covers procedures
and principles relevant to authorization of companies intending to provide electronic
communications services and/or installing or operating networks or infrastructures.
4.1.2. Fees for Rights of Use
Pursuant to the ECL and the Decision of Council of Ministers dated 18 May 2009 and numbered
2009/15001, fees for rights of use of numbers and frequencies whose number is not limited were
determined for the year 2009.
4.1.3. Regulation on Tenders Regarding Authorisation in Electronic Communications Sector
ECL numbered 5809 rules that the Authority for the purpose of providing the efficient use of
sources shall determine the principles and procedures for tenders to be performed. In this context,
“Regulation on Tenders Regarding Authorisation in Electronic Communications Sector” which
determines the principles and procedures for the tenders for selecting the operators that will be
given the rights of use number of which is limited, has been prepared taking into account the
current tender regulations, world practices and the views of the interested parties. The regulation
was approved by the Information and Communication Technologies Board and it is sent to the
Prime Ministry to be published in the Official Gazette.
4.1.4. Rights of Way
The Rights of Way covers constructing 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 constructing, altering, disassembling, controlling,
maintaining, repairing and etc. with a view to provide electronic communications services.
Regulation Regarding The Rights of Way in Execution of Telecommunication Services was
published dated 2 May 2006 on the Official Gazette. Legal deficiency regarding to this issue was
overcome through forgoing Regulation by providing procedures and principles about Rights of
Way. It is the basic aim of the Regulation that operators granted rights of way in liberalizing sector
can construct their own infrastructure and they can eliminate the dependence on infrastructure
which is impeding the competitive rules.
Existing Regulation was revised with the aim of making up the deficiency and complies with
the related articles of ECL numbered 5809 and the “Draft Regulation” is prepared. After getting
proposals and views of the public opinion and related agency and institutes, “Draft Regulation
Regarding The Rights of Way in Execution of Electronic Communications Services” is sent to Prime
Ministry for publishing on Official Gazette.
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4.2. Authorization Activities
4.2.1. Services
3 operators for Satellite Communication Service, 1 operator for Satellite Platform Service, 9
operators for Infrastructure Operating Service, 25 operators for the provision of Internet Service,
60 operators for Fixed Telephony Service, 4 operators for Wired Broadcasting Service, 11 operators
for Mobile Virtual Network Service and 18 operators for Public Access Mobile Radio Service were
included to the sector in 2009.
4.2.1.1. Satellite Communication Service
Satellite Communication Service covers providing of voice, data, image communication services for
its subscribers/users excluding telephone services between geographical far points via
electromagnetic waves as single or two-way via satellites and satellite ground stations and/or
satellite terminals and installation and operation of relevant infrastructure. As of the end of 2009,
there are 19 operators authorized to provide the service in question. Totally 196,678.51 TL
(including VAT) annual authorization fee in accordance with the old authorization ordinance was
recorded as revenue for the Treasury in 2009.
4.2.1.2. Satellite Platform Service
Satellite Platform Service is the service for converting voice, data and image signs excluding
telephone services taken from different transmission environments with the assistance of encoder
and multiplexers groups in digital satellite platform and their transmission to satellite as digital
packages and transmission of digital signs received from satellites to subscribers via proper terminal
devices. As of the end of 2009, there are 3 operators authorized to provide the service in question.
Totally 108,246.99 TL (including VAT) annual authorization fee in accordance with the old
authorization ordinance was recorded as revenue for the Treasury in 2009.
4.2.1.3. Infrastructure Operating Service
Infrastructure Operating Service is the installation and operation of transmission infrastructure
providing opportunity for serving operator and users electronic communication services excluding
telephone services. Following the start of authorization for Infrastructure Operating Service in
March 2006, as of the end of 2009, there are 42 operators authorized to provide the said
service. Totally 516,685.41 TL (including VAT) consisting of 234,994.52 TL as annual authorization
fee in accordance with the old authorization ordinance, 280,558.09 TL as partial right of use fee
and 1,132.80 TL as annual right of use fee in accordance with the authorization ordinance forced
into 10 May 2009 was recorded as revenue for the Treasury in 2009.
Data Transmission over Terrestrial Lines Services authorization was counted to be terminated and
Operators Authorized to Provide Data Transmission over Terrestrial Lines Services are counted as
operators authorized by notification under the scope of Infrastructure Operating Service in
accordance with the Regulations Regarding Authorization Ordinance dated 28 May 2009 and
numbered 27241. Untill this time totally an authorization charge of 144,329.88 TL (including VAT)
paid by the said operators was recorded as revenue for the Treasury in 2009.
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4.2.1.4. Internet Service Provision
Internet Service Provision covers accessing of its subscribers/users to Internet network to provide
their benefiting from electronic communication services and hosting services provided over
Internet. As of the end of 2009, there are 103 operators authorized to provide the service
in question. Totally 97,422.21 TL (including VAT) annual authorization fee in accordance with the
old authorization ordinance was recorded as revenue for the Treasury in 2009.
4.2.1.5. Fixed Telephony Service
Fixed Telephony Service covers providing of fundamental and value added phone services to its
users/subscribers over phone network without any technology limitations. It is specified under
Temporary 1st Article of Authorization Ordinance that “(4) Operators having 2nd Type
Telecommunication License for Long Distance Telephony Service shall be counted as authorized
by notification and if necessary by granting right of use of numbers from the Authority for Fixed
Telephony Service.” With this regulation, Long Distance Telephony Services authorization which is
limited with intercity and international calling, enlarged to cover the local calling and this is a
positive development for liberalization of electronic communications sector. 28 operators having
Long Distance Telephony Services licences based on the abolished authorization legislation, shall
be counted as authorized by notification and if necessary by granting right of use of numbers
from the authority for Fixed Telephony Service. As of the end of 2009, there are 88 operators
authorized to provide the service in question. Totally 13,959.35 TL (including VAT) annual
authorization fee in accordance with the old authorization ordinance was recorded as revenue
for the Treasury in 2009 in the scope of Long Distance Telephony Services authorization.
4.2.1.6. Wired Broadcasting Service
Wired Broadcasting Service; is the electronic communication service covering transmission of
signals (excluding phone and Internet) relevant to auxiliary services with digital/interactive such as
encoded / clear radio, TV and video signals, games, instant massaging to subscribers over wired
networks such as coaxial, copper, fiber. As of the end of 2009, there are 9 operators authorized
to provide the service in question. Totally 57.267,30 TL (including VAT) annual authorization fee
in accordance with the old authorization ordinance was recorded as revenue for the Treasury in
2009.
4.2.1.7. GMPCS Mobile Phone Service
GMPCS Mobile Phone Service, covers providing direct voice, data, fax and similar services besides
providing of services estimated under the framework of GMPCS-MoU for users/subscribers over a
satellite group which its position and operating frequencies are determined or supplied by ITU,
fixed or mobile, wide or narrow band, global or non-global, immobile or mobile, current or
planned. As of the end of 2009, there are 5 operators authorized to provide the service in
question. Totally 162,370.45 TL (including VAT) annual authorization fee in accordance with the
old authorization ordinance was recorded as revenue for the Treasury in 2009.
4.2.1.8. Mobile Virtual Network Service
It covers mobile electronic communication services to its subscribers with its own brand under the
scope of authorizations granted by the Authority for the operator hosting over infrastructures of
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As of the end of 2009, there are 11 operators authorized to provide the service in question.
4.2.1.9. Public Access Mobile Radio Service
Public Access Mobile Radio Service covers, electronic communication service accompanying one
or more closed user groups within the same system by utilizing analog and/or digital
technologies, consisting of minimum one central wireless or role and adequate numbers of
subscriber wireless devices, consisting of providing service for its subscribers such as voice, data
and optimized package data, massage, call, video services as single and/or two-ways, cellular
and/or non-cellular, local and/or regional and installation and operation of relevant infrastructure.
As of the end of 2009, there are 57 operators authorized to provide the service in question.
Totally 388,019.56 TL (including VAT) annual authorization fee in was recorded as revenue for the
Treasury in 2009.
operators signing Concession Agreement with the Authority to provide mobile electronic
communication service without having frequency band assigned to himself.
4.2.1.10. Directory Service
Directory Information Service is to supply information obtained from phone operators by accessing
to their directory databases to its users. Data obtained from directory databases and other data
such as fax, electronic mail and profession those possible to be added shall be transmitted to users
via one or several interrogation methods such as electronic mail, internet, short massage, printing
and other means as to be short interrogation method that was allocated for this service to be
mandatory and in addition added value services excluding sexual content live chat can be served
to users by informing to the Authority. As of the end of 2009, there are 8 operators authorized
to provide the service in question.
4.2.2. IMT 2000 / UMTS
After the realisation of tenders for IMT-2000/UMTS licenses on 28 November 2008, the draft
agreements signed by the winners on 3 December 2008, were sent to Council of State for stating
their views. After taking the views of Council of State, the agreements finalised by the Board were
signed on 30 April 2009 and the operators started to provide services on 30 July 2009.
Before the signing of the concession agreements, Turkcell ‹letiflim Hizmetleri A.fi. paid 422.44
million for licence A, Vodafone Telekomünikasyon A.fi. paid 295 million for licence B, and Avea
‹letiflim Hizmetleri A.fi. paid 252.52 million for licence C, to the Treasury. In total, the Treasury
acquired 969.96 million, (2,071,640,568 TL).
Although voice services of a better quality will be ofered in 3G networks, it is thought that main
applications will be high speed data and multimedia. Consequently 3G networks and capability of
broadband usage will,
• contribute to the spread of internet usage,
• be an important factor in the transition to information society,
• in particular, be able to create significant opportunities to domestic firms in the field of
software
57
•
•
•
•
be able to create employment for young population in the software industry,
contribute to education by enabling applications such as remote education, m-libraries,
scientific laboratories via Internet access, language training and education
provide remote monitoring and control facilities for elderly and disabled people
ease citizens’ lives with m-applications.
In short, in a broadband environment; Internet services, all kinds of services from education to
entertainment, from interactive games to commercial applications will be provided.
4.2.3. Broadband Wireless Access
Within the framework of the 2009 Work Plan, the regulation about Definition, Scope and Periods
of Electronic Communication Service, Network and Infrastructure that is covering authorization of
broadband wireless access services providing voice and data services to be provided with the
broadband technologies such as WiMAX has been approved by the Information and
Communication Technologies Authority. In the current situation, the studies regarding the
determination of minimum license fee and preparing of tender documents are underway.
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Numbering
5.1. Regulations
5.1.1. Numbering Ordinance
In accordance with Electronic Communications Law numbered 5809, studies regarding the
preparation of Numbering Ordinance were carried out and as a result of this, aforementioned
ordinance was published on the Official Gazette dated June 27th 2009, numbered 27271 and
came into force.
5.
5.1.2 Opening of New National Destination Codes for Use
In accordance with Board Decision dated June 24th 2009, numbered 2009/DK-08/328, new
national destination codes for every city in the counry were opened for use. In addition to this,
“850” number range was opened for nomadic services.
5.1.3. Regulation Regarding 900 Numbers
A study regarding provision of Value Added Electronic Communication Services under a specific
national destination code was carried out in 2009. As a result of this, a decision was taken by
Board dated November 24th 2009 and numbered 2009/TK-08/603 for operators to provide the
value added electronic communication services having the characteristic of “live chat” under
national destination code “900”.
5.2. Number Assignments
Number assignments made in 2009 are given below. As result of these assignments 1,311,069.19
TL numbering right of use fee was recorded in total as revenue for the Treasury.
5.2.1. Geographical and Nomadic Number Assignments
During 2009, 460,000 geographical and 452,000 nomadic numbers were assigned within the
scope of FTS (Fixed telephony services) authorization.
5.2.2. Short Numbers and Access Numbers with 811 Area Code
In 2009, the short number of 176 was assigned to Ministry of Culture and Tourism with the name
“Information for Tourism” and 144 was assigned to Social Assistance and Solidarity General
Directorate with the name “Information for Social Welfare”.
Also, 39 additional access numbers with area code 811 were assigned to operators. As of the end
of 2009, totally 192 access numbers have been assigned within the scope of FTS authorization
during 2009.
5.2.3. NSPC and ISPC Assignments
During 2009, 139 NSPCs (National Signaling Point Code) were assigned to the operators. There
is no ISPC (International Signaling Point Code) assignment in 2009.
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5.2.4. Other Assignments
In addition to the assignments mentioned above,1carrier selection code and 51 non-geographical
numbers under the area code 900 were assigned to the operators.
5.3. Number Portability
In accordance with Electronic Communications Law, studies regarding preparation of Numbering
Ordinance were carried out in 2009 and as a result of these efforts, aforementioned ordinance
was published in the Official Gazette dated July 2nd 2009, numbered 27276 and came into force.
Following this, “Principles and Procedures Regarding Number Portability” was reconsidered and
approved by Board Decision dated September 9th 2009 numbered 27276.
After succesful application of mobile number portability in 2008, considerable amount of studies
were conducted with respect to fixed number portability (geographical and non-geographical
number portability) in 2009.
In this scope, a testing process was carried out with the fixed operators under the coordination
of ICTA and tests were succesfully completed. Following this, fixed number portability was started
on September 10th 2009. As of the end of 2009, 9,442,384 mobile and 138 fixed numbers were
ported in total.
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Spectrum Management and Applications
6.1. New Ordinance Studies
In order to provide transparent, efficient and effective use of spectrum and protect
radiocommunication from harmful interference; following the end of co-working between official
and private establishments about frequency planning, assignment, coordination and defining
procedures in updating National Frequency Plan, “Spectrum Management Ordinance” has been
published in the Official Gazette dated 2 July 2009 and numbered 27276. This regulation is to
assure the frequency assignments to be done due to international legislation, ease applying new
technology and encourage R&D activities. Besides giving chance of changing frequency plan
under some circumstances such as natural disasters, Authority is going to have the right to
requisition or cancel the assigned frequencies due to international regulations and technological
developments.
6.
Due to Article 37 of Electronic Communications Law, regarding the issues of radiocommunication
systems, “Ordinance about Terms and Conditions for Radiocommunication Transactions” is
published in the Official Gazette dated 17 July 2009 and numbered 27291.
Due to Articles 36 and 37 of ECL following the end of co-working between various related
establishments, “By Law on Licence Exempt Wireless Systems” is published in the Official Gazette
dated 18 July 2009 and numbered 27292. By this ordinance, issues about paging systems, Citizen
Band (CB) telecommunication systems, wireless audio devices and amateur radio stations are
regulated.
“Ordinance about Terms and Conditions of Telecommunications Authority’s Revenue’s Imposition,
Notification, Accruement and Collection” regarding the pricing transactions, according to Articles
6, 11, 46, 61, 64 of ECL and Article 5 of Law Regarding the Establishment of Information and
Communication Technologies Authority is published in the Official Gazette dated 17 August 2009
and numbered 27312.
6.2. Frequency Allocation and Emptying the Bands
6.2.1. Public Access Mobile Radio (PAMR)
Within the framework of the Authorization Ordinance published in the Official Gazette dated
28 May 2009 and numbered 27241 and the related Board Decisions, among the organizations
which applied for installing and providing Common-Used Trunk and Community Repeater Service
throughout Turkey, the ones which were found suitable in accordance with the related
legislation, were authorized with 2nd Type TR and the additional frequency applications of existing
service providers and their authorization applications in different provinces were reviewed.
However, due to activities of allocating 450 MHz band for new generation systems and vacating
the band, only the frequency from Relay Tx:438.0000-438.9875 MHz/ Rx:448.0000-448.9875
MHz band was allocated for Common-Used Community Repeater Systems and the additional
61
frequency demands of the existing operators were met through this band. Within this framework,
the PAMR operators whom were allocated frequency bands from 450-470 MHz spectrum were
informed and the transition process to suitable bands is going on.
In addition, the province of Istanbul which was in the status of scarce resource in the
authorization of PAMR in 2004, 2005 and 2006; to encourage the use of digital systems to use
the spectrum efficiently in 2007 and to assess the additional frequency band demands from the
current operators in Istanbul, with the Decision of Board in 2007, it is decided that in Istanbul only
digital PAMR is allowed and additional demands are responded for the systems that have greater
than 60 devices per relay. Within this framework, the subscriber and device situations of the PAMR
operators who demanded additional frequency bands that have service in Istanbul are examined
and according to the Board Decision under consideration, additional frequency assignments are
made to the appropriate ones.
On the other hand, 2 MHz part (as 415.5000-417.5000 MHz/ 425.500-427.5000 MHz) emptied
from NMT band is allocated to digital featured trunk and community repeater systems and a
number of operators are authorized for Digital TETRA and DMR systems in provinces including
Istanbul.
Also within the framework of authorization demands in VHF (146-174 MHz) band received from
PAMR operators throughout Turkey, the frequency band of Relay Tx:164.000-164.975
MHz/Rx:169.000-169.975 MHz was planned for PAMR in the first step and from this band PAMR
authorization processes are done in a lot of provinces. In 2009 throughout the regions, many
establishments are authorized in regional basis.
6.2.2. Allocation of Frequency for MOBESE to General Directorate of Security
2x15 MHz frequency for not crowded cities and 2 x25 MHz frequency for crowded cities were
allocated from 3.5 GHz band to the General Directorate of Security upon the Board Decision
dated 1 August 2006 and numbered 2006/TK-11/485 for using them in wireless camera system
of City Security Management Centres (MOBESE) that are planned to be installed throughout the
country in order to increase the efficiency of security services and ensuring the general public
order and peace without interfering the personal rights and freedoms. Upon the demands from
the General Directorate of Security, system deployment permissions were given in 2009 for some
provinces and districts.
6.2.3. Emptying the 450–470 MHz Band
Within the scope of activities started in order to plan frequencies for Broadband Wireless Access
Systems, the frequency assignment for PMR/PAMR systems from 450-470 MHz spectrum have
been stopped and emptying process have been performed during 2009. New frequency
assignments are made for Broadband Wireless Access Systems from emptied 450-470 MHz
spectrum. Due to the schedule defined before regarding the emptying of this band, throughout
the country, almost all of the frequencies that are formerly under use of General Directorate of
State Airports Authority are vacated.
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6.2.4. Other Allocation and Coordination Activities
6.2.4.1. Activities Related to Satellite Services
The coordination notifications related with satellite and terrestrial services which are sent to the
members via electronic media biweekly by International Telecommunication Union – Bureau of
Radiocommunication were assessed in accordance with our present or planned satellite and
terrestrial systems and the coordination activities were conducted in the presence of ITU and
related countries.
Depending on the term “In the scope of international projection and criteria planning,
assignment, international coordination and registration transactions regarding the orbital locations
are being conducted by the Authority in coordination with the Ministry.” in Electronic
Communications Law (Article 38), in order to define the terms and conditions of this coordination,
“Coordination Protocol between Information Technologies and Communications Authority and
Ministry of Transport and Communication Regarding the Orbital Locations in the Scope of
International Projection and Criteria under the Superintendence of International
Telecommunications Union” is prepared. Following the Board Decision dated 25 December 2008
the aforementioned protocol has come into force.
Frequency requests from TURKSAT AS, Ministry of National Security and General Staff have been
evaluated. TURKSAT AS requested frequencies for new generation satellites. Frequencies
demanded by General Staff for GOKTURK satellites have been approved and registration
transactions began with ITU. Coordination works are proceeding regarding the frequencies
requested by Ministry of National Security for various projects of Turkish Armed Forces.
Frequency coordination transactions in accordance with ITU-R regarding the frequencies of
TURKSAT, RASAT satellites and various satellite and terrestrial services have been conducted.
During 2009 Formula-1 Grand Prix race which was arranged in Istanbul on 6-7 June 2009, the
foreign press-broadcasting institutions were permitted to use temporary satellite up-links. Also, the
foreign press-broadcasting institutions were permitted to use temporary satellite up-links during
the activities like sport activities.
6.2.4.2. Activities on Aeronautical and Maritime Communication Systems
Frequency assignments are made from aeronautical band to the related airline companies
regarding the applications done by Directorate General of Coastal Safety/ Directorate of
Radiocommunication (KEGM-T‹M). Assigned frequencies were registered to ICAO/COM Tables
(COM 2, COM 3, COM 4) by ICAO/FMG (International Civil Aiviation Organization/ Frequency
Management Group) in coordination with Directorate General of Civil Aviation in accordance with
international rules and frequency coordination.
Various co-works have been made with General Staff, General Directorate of State Airports
Authority, General Directorate of Civil Aviation and Turkish Airlines etc. about frequency
coordination and assignment.
63
About maritime systems, the information received from KEGM-T‹M every month about ships which
have been made modifications, newly registered and cancelled are sent to ITU and the ships were
registered to international ship lists.
Within the protocol that is signed with Directorate General of Coastal Safety in accordance with
ECL Articles 42, 43 and Temporary Article 4, various studies is done regarding the aeronautical
and maritime communication systems.
In accordance with ECL Articles 39, Draft Ordinance on Coded and Cryptographic
Communication Systems, enclosing the rules and regulations about coded and cryptographic
communications by public administrations and institutions and natural and legal persons assessing
the technological developments and requests, have been prepared and sent to Prime Ministry.
6.3. Devices Which Are Approved for Importation in the Context of Frequency
Planning
Regarding the prerequisites sought in manufacturing and importation of Radio and
Telecommunication Terminal Equipments, the duty of their assessments and approval in terms of
frequency band, output power and antenna information using Notification Form (Class 2) is done.
In this context, statistical information about the transactions performed in between 1 January
2009 and 31 December 2009 is shown in the table below.
Table 12: Statistical Information for Notification Form
Number of
Applications
815
Number of Devices
Approved
535
Number of Devices not
Approved
280
6.4. National Frequency Software System and Authority Internet Application – MFYS
Besides revision of MFYS modules, LITAS is put into service which is developed to save the
frequency e-declarations of authorized infrastructure systems including base stations, radio links,
repeaters and satellite up-link devices etc. On the other hand, in order to provide transparency
and to keep the information in electronic media and ease to attain information, MFYS National
Frequency Plan Database has been improved: http://ifis.btk.gov.tr/wmfys/millifrekanssorgu.aspx
By this application, ITU, CEPT and Turkey’s general and CEPT and Turkey’s detailed frequency plan
questioning may be performed in addition to bandwidth, output power, channel spacing for
specially planned systems regarding their bands and services; authorization procedure, reference
information, strategy and information about the operator on a specific frequency band.
6.5. Transfer of Aeronautical, Maritime and Amateur Radio Transactions to General
Directorate of Coastal Safety – Directorate of Radiocommunication (KEGM-T‹M)
Due to ECL Article 43 and Temporary Article 4, amateur radio licence preparation authority and
various transactions related to maritime and aeronautical systems have been transferred to
KEGM-T‹M by the protocol signed on 10 May 2009.
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Information Technology Project
7.1. Information and Denouncement Center
The Information and Denouncement Center (IDC) was founded as per the provision “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.” in
Article 58 of the Law No.5809.
7.
Within the structure of IDC, the following processes are being carried out:
• Call Center Service,
• Entrance Transactions of Import/Manufacturing Follow-up System,
• Examining the documents related to individual importation registries and kept by the
Subscriber Registry Centers (SRC) of GSM operators,
• The matching of the devices which has its electronic identity (IMEI) changed,
• Changing of the motherboards,
• Denouncement applications,
• Public Prosecutor/Court’s instructions and correspondences,
• Demands of the police department,
• Replying the consumer applications and complaints regarding the devices with electronic
identity information
7.1.1. Call Center
In the Call Center within IDC, the services are provided on seven days/twenty-four hour basis. The
Call Center serves through 20 lines totally: 10 lines with the pilot number of 0 312 232 23 23 and
10 lines with the number of 444 9 777.
Throughout 2009, the Call Center received 248,561 calls, 240.786 of those are answered, 6,826
calls are suspended, and 949 of them were got cut off although they were placed in the queue.
The average number of the received calls per month is 20,713 and decreased in the ratio of 31%
in 2009 compared to the previous year. The ratio of meeting these calls has been realized as
96.87% and average duration per call is 1.63.
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Figure 31: Information and Denouncement Center Call Statistics
7.1.2. Import/Manufacturing Tracing System Input Process
Application of using electronic signature in import/manufacturer applications and giving general
document date and number within Mobile Device Registering System (MCKS) without the need of
hard copy has started on 16 June 2009. After the six month transition period with the
announcement made on 17 December 2009 about taking importer/manufacturer company
applications electronically and to remove the obligation of sending hard copies to the Authority
and from 31 December 2009 applications without electronic signature will not be accepted.
8,222 applications made to the Authority by the firms in 2009 were transacted and totally
14,277,616 IMEI numbers consisting of 14,077,322 import and 200,545 manufactured were
registered.
Table 13: Number of IMEI Registered with Import Applications
IMPORT APPLICATIONS
66
Year
IMEI Count of Devices IMEI Count of Devices
with One SIM Card
with Two SIM Cards
2007
2008
2009
15.793.596
14.497.930
10.106.610
87.500
2.125.526
3.970.712
Total Number of
Registered IME!
15.881.096
16.623.456
14.077.322
Figure 32: Registered IMEI with Importer Application
Table 14: Registered IMEI with Manufacturer Application
IMEI Count of Devices with Two SIM Cards
Year
2009*
IMEI Count of Devices
with One SIM Card
6,939
IMEI Count of Devices
with Two SIM Cards
Total Number of
Registered IMEI
193,606
200,545
* Application regarding import/manufacture distinction has been put into use on 06th July 2009.
Table15: IMEI Register Application
TOTAL NUMBER OF IMEI REGISTER APPLICATIONS
Year
IMEI Count of Devices IMEI Count of Devices
with One SIM Card
with Two SIM Cards
2007
2008
2009
15,793,596
14,497,930
10,113,514
87,500
2,125,526
4,164,102
Total Number of
Registered IMEI
15,881,096
16,623,456
14,277,616
7.1.3. The Matching of the Devices Which Has Its Electronic Identity Cloned to another Device
For a real device whose identity was detected to be cloned to another device
importing/manufacturing firms are doing the matching process by means of entering the IMEI
number and GSM number into MCKS.
Since clone detection is done the number of IMEI numbers matched by the
importing/manufacturing firms for year 2009 happened to be 34,856.
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Figure 33: Registered IMEI with Company Application
7.1.4. Motherboard Swap Processes
In year 2009 the number of IMEI change notifications by the motherboard importer firms by
means of technical service from the web service is 188,761.
Figure 34: Number of Devices for Which Motherboard Swap is Done in 2009
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While the number of IMEI registered in relation with the devices brought through individual
importation was 807,365 in 2008, this number decreased to 566,614 in 2009 with an increase
in the ratio of 29.5%.
7.1.5. Applications for Registering of Devices Those Individually Brought from Abroad
The transaction of registering of devices those brought through individual importation from
abroad is performed within the framework of the related customs legislation by the SRCs of IDC
and GSM operators. In 2009, the number of IMEI registered by IDC was 1,752 and the number
of IMEI registered by SRCs was 564,862.
Figure 35: Applications for Registering Devices from Abroad for the Year 2009
7.1.6. Applications of People Residing Temporarily in Turkey
Upon the decision of Telecommunication Board dated 2 August 2006 and numbered 2006/490,
it was decided that “On condition that the people who are being temporarily in Turkey (tourists,
our citizens living abroad and visiting Turkey and etc.) authenticate their situations; if they make a
subscription contract with the GSM operator of our country; the operator shall make it possible to
match the IMEI number of their devices and the MSISDN number on which they make a contract
by the CEIR and use the related IMEI number only with the related MSISDN number”. Within the
framework of this decision, in the event that the persons who are temporarily in Turkey get a SIM
card via a contract with one of the GSM operators, the IMEI number of the devices of the concerned persons (the serial number of mobile phone device) and the MSISDN number (mobile
phone number) can be matched.
The number of transactions carried out by the SRCs in relation with matching the devices of the
persons who are temporarily in Turkey in 2009 is 64,850.
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Figure 36: Number of IMEIs Matched for a Temporary Period for the Year 2009
7.1.7. Denouncement Applications for Lost/Stolen Devices
People who lost their devices via stealing, loosing or in any other way, denounce the IDC by
calling it directly or applying to the offices of public prosecutor.
The denouncement applications received by the Call Center are recorded by the voice recording
system. The received denouncement is sent to the concerned GSM operator on condition that the
identification information is confirmed within the framework of the information being present in
the records. Following the confirmation of the denouncement by the concerned GSM operator,
the communication of the denounced is disconnected and then the device is included in the black
list.
Figure 37: Denouncement Applications for the Year 2009
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Total number of denouncements in 2009 is 27,606. The related GSM operator sends a message
as “Legal warning. The device with <imei> imei number is stolen. Deliver it to the nearest police
forces” to the devices which are disconnected upon the decisions of public prosecutors and court
or in accordance with the lost/stolen denouncements made to the Information and
Denouncement Center. A Short Message as “The lost/stolen denouncement you made to the
Information and Denouncement Center on X date has been rejected as your identification
information/IMEI number has not been confirmed. Please call 0312 232 23 23 for more
information” is sent to the applicants whose denouncements are not confirmed.
In the event that the disconnected device is found, it can be reconnected by the same application
process. The number of devices which were found in 2009 is 2,876.
Figure 38: Number of Devices found in the Year 2009
In the event that the applications are made to the public prosecutors’ office, the
activating/deactivating instructions sent to the IDC and Regional Directorates by the public
prosecutors’ office and the courts are also entered into the system. In the query results if IMEI
numbers which belong to those devices the name of the public prosecutor and the investigation
number is included. Thus, in case the device is found, it can be learned via Internet on
(http://www.mckstk.gov.tr/56) to which Chief Public Prosecutor’s Office must be applied.
The number of instructions for deactivating the devices which are sent by the Public Prosecutors’
Office for the reason that they are stolen and entered into the system by the Regional Directorates
and IDC in 2009 is 18,665 and the number of instructions for activating the devices is 3,068.
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Within the framework of the protocol made with Ministry of Justice for the purpose of enabling
the Public Prosecutors and Courts to make activate/deactivate applications without coming to the
Authority the studies to integrate National Judgment Network Project (UYAP) with MCKS is
completed and from 22 July 2009 the aforementioned units started to enter MCKS. With this
application becoming widespread, both there will be no need to make correspondence for
activation/deactivation applications and by entrance of deactivation instructions immediately time
and effort losses will be prevented. Number of deactivation application to MCKS through UYAP is
167 and number of activation application is 6.
The number of correspondences with Public Prosecutors and Courts other than activate and de
activate instructions are 8,603.
Figure 39: Number of Activating Deactivating Instructions Given by Public Prosecutors’
Offices/Courts for the Year 2009
7.1.8. Consumer Applications Regarding Devices with Electronic Identity Information (IMEI)
The complaint applications are classified according to their contents and they are replied
according to their application method. In year 2009 the number of applications forwarded by
brief is 10,249; total number of applications by e-mail is 1,719.
7.1.9. Requests from Police and Customs
The number of requests from Police and Customs regarding IMEI queries has increased
significantly in 2009. Throughout the year 75,381 IMEI numbers from 410 petitions were
reviewed and information regarding the results was given.
7.2. Central Equipment Identity Register (CEIR)
Central Equipment Identity Register was established in order to register the legally imported
devices and disconnect the smuggled, lost and stolen devices or the ones with cloned IMEI
number from electronic communication network. In this scope, the applications such as
Importation Follow-up System (IFS), Information and Denouncement Center System, Public
Prosecution System, Denouncement Follow-up System working on a developed hardware and
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data base system. Thorough these applications, many transactions will become automatic and the
processes will run effectively, accurately and rapidly. The system which directly affects all mobile
phone users, GSM operators, importers, public prosecutors and courts is being developed
continuously in accordance with current needs on security and digitizing.
Figure 40: Central Equipment Identity Registry Structure
As a result of the studies, there are 10,721,534 IMEI numbers which are legally registered and
117,009,316 IMEI numbers which were included in black list due to being lost, smuggled, stolen
and cloned as of the end of 2009.
7.3. Electronic Signature
After electronic signature regulations were completed and Electronic Certificate Service Providers
(ECSP) commenced their operations, public organizations have started to develop projects in order
to use electronic media while running their operations with related parties for ensuring sustainable
development, saving the public expenses, increasing the public revenue, timely introducing and
disseminating the public services at maximum quality and minimum cost and reducing the
bureaucracy.
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In 2007, the application of electronic signature was commenced with the cooperation of ECSP
and GSM operators. According to the electronic signature, the financing institutions, municipalities
and public organizations in our country have started to integrate mobile electronic signature in
their applications. The electronic signature is cheaper for the users and easy to use as it can realize
signing independent from time and place without needing a card reader as a separate hardware.
This process continued in 2009 and number of applications which integrated with electronic
signature and mobile electronic signature has increased.
7.3.1. Electronic Certificate Service Providers (ECSP)
Totally four electronic certificate service providers carried on their activities in 2007 namely
e-Guven Inc., TUBITAK (Scientific and Technical Research Council of Turkey)-UEKAE (National
Research Institute of Electronics and Cryptology) and TurkTrust Inc. which started to operate in
2005 and e-Tugra which started to operate in 2006. The information regarding the declaration
processes made by the ECSPs to our Authority are given in the table below.
Table 16: Declaration Processes of the ECSPs Examined by Information Technologies Authority
ESPC
Declaration
Date
Examination
Dates
Electronic Information
Security Inc (E-Guven)
25 March 2005
12-13 May 2005
24 June 2005
22 June 2005
TÜB‹TAK-UEKAE
(Public Certification Center)
31 March 2005
26-27 May 2005
28 May 2005
30 June 2005
13 May 2005
7–8 July 2005
14 July 2005
16 July 2005
24–25 July 2006
1 September 2006
23 August 2006
TurkTrust Information and
Communication Services Inc.
EBG Information Techonologies 20 June 2006
and Services Inc. (E-Tugra)
Date of Starting
to Operate
In year 2009, a remarkable increase in certificate ownership has witnessed due to integration of
electronic signature into new and existing e-services and offering m-signature alternative. By the
end of 2009, 113,672 qualified electronic certificates, 108,973 quaified mobile electronic
certificates and totally 222,675 qualified electronic certificate has been produced. This number is
expected to grow in year 2010 in parallel to electronic banking applications and dissemination of
e-Government projects.
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Figure 41: Number of Qualified Electronic Certificates Prepared According to Years
Mobile e-signature, started to be deployed by cooperation of ECSP and GSM operators in
February 2007, has become more widely used in 2007 and 2008 when compared to electronic
signature as seen in the graphic above. In 2009, the increase of e-government projects in public
institutions and electronic signature integration to the existing project UYAP has caused an
increase of number of electronic signatures at a rate 153.8%.
Figure 42: Number of Active Electronic/Mobile Electronic Signatures by Years
Taking into consideration of increase in the use of cellular phones in Turkey, widespread use of
mobile electronic signature is expected in organizations such as municipalities, hospitals as well as
other sectors.
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7.3.2. Registered Electronic Mail System
Electronic mail is a major tool that is used more and more for information and/or document
sharing in electronic business and administration. However, an electronic mail which is sent,
received, electronically archived or stored printed has no legal validity within the existing
regulations. Problems like, modification of content of mail, the mail has not been sent by the
person who appears as sender, sending or receiving of the mail can not be proved are known
problems of the current system. Therefore, with leadership of some European Union member
countries a system called Registered Electronic Mail System (REM) and applications has been
developed which provides evidences about origin authentication and proof of delivery. REM
system is an electronic communications infrastructure that uses advanced messaging techniques,
public key infrastructure (especially electronic signature) and cryptology too much and serves
through Registered Electronic Mail Service Providers (REMSP).
Because of sharing information and/or document electronically is a problem in our country eTransformation Turkey Executive Board commissioned Information and Communication
Technologies Authority (ICTA) to work for establishing regulatory framework in REM system with
the decision no. 28 dated July 15th 2009.
ICTA has started to work about REM system since 2007 and preparation of ETSI TS 102 640
standard which was released at November 2008 by ETSI has been followed closely. Contribution
is provided to the works currently in progress within ETSI. Applications and regulations in countries
like Italy, Austria, Belgium, USA, France and Spain which has works about REM system has been
followed closely.
REM system has been presented to e-Transformation Executive Committee, State Planning
Organization, Prime Minister’s e-Transformation Advisory Board, Ministry of Justice which continue
its works about e-Notification Law and PTT which is commissioned under this Law and PTT has
been supported for the infrastructure which is established by PTT for e-Notification to be
appropriate with REM system.
ICTA has contributed to draft laws “Making Changes on Some Laws to Accelerate e-Government
Services” and “e-Government and Information Society Law” which are attempting to create the
regulatory framework about REM System in our country. Because of importance of social and
economic dimensions of developments about REM system, our institution has been following the
subject closely.
7.4. Internet Domain Names
In Article 35 of Electronic Communications Law (Law No: 5809), it is stated that “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 of
Transport”. By virtue of the Permission of the Minister of Transport, No: 305, dated 2 March 2009,
it was determined that works and procedures regarding the allocation of internet domain names
would be performed by ICTA. So that all stakeholders could participate in the process of preparing
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regulatory framework for that issue, “Internet Domain Names National Coordination Commission”
(.tr NCC) was established by ICTA. With the participation of representatives of all related
stakeholders, a “.tr NCC” meeting was held in 19 March 2009 in ICTA. After that meeting, three
study groups were formed to study on the issues of “Structure and Operation Rules”, “Rights,
Responsibilities and Relations” and “Dispute Resolution Mechanisms”. Also through the evaluation
of the study groups’ reports “Internet Domain Names Ordinance” draft was prepared and this
draft was published in ICTA’s web site to gather public opinions for a period of 1 month. After the
evaluation and assessment of opinions gathered, the draft Ordinance was finalized and was
submitted to the ICTA’s Board. The regulation is planned to be completed in 2010.
7.5. Standardization in Information Technology Services
Information Technologies and Coordination Department is assigned to study on development of
a regulatory framework on IT services as of 10 March 2009. After this assignment Information
Technology Services National Coordination Committee was established on 29 March 2009.
Committee is composed of over one hundred members from academy, public and private sectors
and NGOs. Within the scope of this study, collaboration with Turkish Standards Institute keep
going on the issues of present standards and certification in IT services and also potential national
standard in case it is needed.
7.6. Number Portability System
In the scope of number portability ordinance which is published on the Official Paper dated
1 February 2007 and numbered 26421, number portability system (NTS) has been established in
the Authority center building. After Number Portability Service was brought in to use on
9 November 2008 necessary study for the flawless operation of NTS has been carried under the
responsibility of ICTA.
Before the Fixed Number Portability service which has come into life on 10 September 2009, test
studies with Fixed Telephony Service (FTS) operators were done and fixed number portability has
been started problem free.
For the business entities that do not port numbers but need information on ported numbers, the
necessary information is supplied and the problems on call termination are prevented.
For the reports on NTS data to be taken necessary additions and corrections on the reporting tool
are made so that the possibility to have a broad perspective on NTS operation is provided. By
working to improve NTS web site, which is the front end of the system to the user, the NTS is
supported with a more visual and effective web site.
7.7. Disaster Recovery Center and Information Security Management System
Studies regarding the establishment of a Disaster Recovery Center in a different location in order
to give continuous service for Mobile Device Register System (MCKS), Number Portability System
(NTS), National Frequency Administration System (MFYS) and other information systems within the
body of the Authority and perform their critical duties and back up the data in these systems in
the event of a disaster or malfunction has been started.
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In the scope of these studies, inspecting the aforementioned systems, details on the system to be
implemented has been prepared and an agreement with “Türksat Satellite Cable TV and Business
Co.” was signed on 31 December 2009.
Studies on the Information Security Management System have been started and ISMS certification
is targeted before the first half of 2011.
7.8. Updating National Monitoring System Software to Web-based Technologies
One of the most important projects of ICTA, National Monitoring System (NMS) which is used for
wireless communication traffic control, inspection and determination of wireless usage violation
is composed of technical quipment and infrastructure as well as software. NMS which is used by
central office and 7 regional offices of Telecommunication Authority is used for the following:
• Measuring frequency usage, broadcast areas and some technical values ,
• Inspecting AM/FM radio and TV broadcast quality
• Determining interferences and eliminating them,
• Determining illegal wireless stations,
• Collecting statistical data for frequency mangement.
Studies has started to update National Monitoring System Software to web based Technologies in
2009. In this context moduls such as loan query, national frequency plan query, amateur
radiotelephony, interferance complaints, security certificate transactions and many more moduls
in National Monitoring System Software are updated to web-based technologies.
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Activities Related to Internet Security and
Internet Regulations
The Internet is entering further into our lives with each day along with information and
communication technologies that develop at an incredible pace. In parallel with the fast
development and growth of Internet in the world, a great momentum is observed in the increase
of Internet use also in our country. Services are generated to contribute to an EFFECTIVE, SAFER
and CORRECT Internet user experience, to increase the quality of Internet use and to provide
active support to the provision of justice and peace for our citizens and especially our youth and
children in the Internet medium dominated by confusion on what is right and what is wrong.
8.
Consciousness-raising activities to provide for a safer user experience for children are carried out
throughout the world. When considered from a closer view, these consciousness-raising activities
are observed to be implemented to a larger extent via the Internet and media. This year, this issue
has been approached with a greater focus and upon the consideration of global applications, a
guiding handbook including important recommendations was ensured to be distributed to
students by the Ministry of National Education for the purpose of raising children’s consciousness
on the issue.
8.1. Legal Basis
The Law No. 5651 “Act on the regulation of the publication in the Internet medium and
suppression of crimes committed through these publications” dated 04 May 2007, which
regulates our sphere of duties, came into force on 23 May 2007. Further, the regulation on
“...those who let biddings of constant probability or combined bidding be played or provide place
and means for these games to be played” in the Article 5, as amended with the Law No.5728, of
the Law No. 7258 on “Regulation of Games of Chance and Bidding in Football or Other
Competitions”, has been incorporated into the common practice for cases of crimes in the Internet
medium in parallel with the crime of “providing space and possibility for gambling” (Article 228).
Our activities are continued within the framework of the aforementioned Law within the cope
of the provisions of the “Regulation on the procedures and principles related to issuing
certificates for the access and hosting providers by Telecommunications Authority”, published
in the Official Gazette numbered 26680 on 24 October 2007, “Regulation on the Internet
Mass Use Providers ”, published in the Official Gazette numbered 26687on 1 November 2007,
“Regulation on the procedures and principles related to the regulation of the publication in the
Internet medium”, published in the Official Gazette No. 26716 on 30 November 2007 and,
finally, “Regulation on the amendment to the regulation on the procedures and principles related
to issue of activity certificates for Access and hosting providers by the Telecommunications
Authority” published in the Official Gazette numbered 26803 on 1 March 2008.
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The Law No. 5651 “Act on the regulation of the publication in the Internet medium and
suppression of crimes committed through these publications” dated 4 May 2007 came into effect
on 23 May 2007 and within the framework of the procedures and principles defined in the
“Regulation on the procedures and principles related to the regulation of the publication in the
Internet medium”, published in the Official Gazette No.26716 on 30 November 2007, the
Communications Presidency started to enforce access blocking measures as “administrative
measures” limited to the scope of the catalogue crimes described in Article 8 of the Law No.5651
on Internet sites that contain criminally-oriented materials within the framework of the
establishment of “sufficient doubt”.
In the measures taken by the Presidency;
The following principles described in Article 4 titled Principles of the “Regulation on the procedures
and principles related to the regulation of the publication in the Internet medium” published in
the Official Gazette No. 26716 on 30 November 2007 are taken into account;
“(1) Publications;
a) Must respect human dignity and fundamental rights and freedoms.
b) Should not include materials that are detrimental to the physical, mental and moral
development of young people and children.
c) Should not be of a detrimental nature to the elements of family peace and welfare.
ç) Should not encourage such bad habits as drug addiction, prostitution, obscenity and
gambling.
(2) Everyone must have the right to controvert and rebut for the contents published on the
Internet in violation of their personal rights.”
And, in this framework;
• Strong emphasis is placed upon the protection of young people and families in compliance
with the objective of the Law No.5651,
• “Principle of proportionality” that is defined as the limit to the restriction of Constitutional and
fundamental rights and freedoms is of great importance for the functionality of a “warningremoval” mechanism as the most essential reference of the processes both before and after
the enforcement of access blocking measures,
• The effectiveness of blocking measures is attributed great importance and in this scope, on
the basis of the fact that millions of active crime elements are currently presented on the
Internet and these are of a different nature by reason of international legal arrangements, the
frequency of access from Turkey is considered to be a significant criterion as a blocking priority
and activity analysis is gradually implemented,
• The relevant jurisprudence is taken as a basis for the establishment of “sufficient doubt”
required for the implementation of the access blocking measure,
• The struggle against contents that are easily viewed accidentally or coincidentally and carry
serious risks especially for children in terms of obscenity and sexual abuse of children is
prioritized with great importance and measures are taken to block children from accessing
possibly inappropriate content directly. In addition to issues pertaining to children, the
method of IP blocking is implemented in a limited manner and under very strict requirements.
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8.2. Activities Carried On
8.2.1.Contributions to Conscious Use of Internet
In May, 2009, a symposium on “Protection of Children in Cyberspace” was organized by ICTA
within the scope of the World Telecommunication and Information Society Events of ITU in
Istanbul. In this symposium, current activities carried out around the globe on safer and conscious
use of Internet and prospective steps to be taken by Turkey in this respect were discussed with the
participation of non-governmental organizations (NGO). The symposium was completed with the
conclusion that collective efforts of NGOs and sector representatives are required under the
leadership of public authorities for the Protection of Children in Online Environments.
In June, 2009, within the scope of the traditional “Internet Days” organized by the Ministry of
Transport and Communication Internet Board, participation of speakers was provided for in a
symposium on “Internet and Youth”. In this symposium, a positive dialogue was established with
young people, who were observed to be open to activities aimed at safer and conscious use of
Internet.
While the correct use of Internet provides great benefits, incorrect use leads to negative results.
Families, schools, the society and the state must undertake important duties and responsibilities in
order to secure the correct use of the Internet and computer. As Internet has started to influence
social life to a great extent, such consciousness-raising activities are carried out through the
Internet in numerous countries. In Turkey, a booklet titled “Recommendations on Safer Use of
Internet” was prepared by the Communications Presidency (TP) under ICTA under the leadership
of the Ministry of Transport and Communication and distributed to all elementary schools at the
beginning of this school year with the aim of enabling children of school age and youth to benefit
from the Internet in a safer manner.
In October, 2009, participation was provided for in the Safer Internet Forum, which has been
organized since 2004 within the framework of “Safer Internet Programme” under the European
Union. In this Forum, detailed discussions were made on how widespread consciousness can be
raised in schools on the safer use of Internet. As a result of this discussion and the country
presentations, the activities implemented by Turkey in schools on the safer and conscious use of
Internet were determined to be still at an insufficient level. Therefore, a need was identified to
establish a more concrete and institutionalized collaboration between our Presidency, the Internet
Department and the Ministry of National Education. The booklet titled “Recommendations on Safer
Use of Internet” prepared by our Presidency and distributed to schools was promoted again in this
Forum. This Forum also provided an opportunity to communicate with the representatives of
institutions working for the safer and conscious use of Internet around the world and suggestions
were put forth to these people to provide international participation to events organized in Turkey.
Efforts were initiated to increase the richness of the content and design of the Web site titled
Guvenliweb (Safeweb) that started its broadcast life in May, 2008 for the purpose of raising the
consciousness of all segments of the society on safer and conscious use of Internet in our country
and the updated new version of the site has been prepared for broadcast by the end of 2009.
Thus, Guvenliweb will be more functional.
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With the aim of securing uniformity in the supervision of Internet cafés and assisting in the
establishment of an effective supervision system, an e-learning module is being prepared to be
included in the new version of Guvenliweb. The expected beneficiaries of this supervision module
are local authorities and Internet café managers.
Picture 1: Safe WEB
Efforts have also been initiated to prepare a Web site titled Guvenlicocuk (Safechild) focused on
safer and conscious use of Internet by children and the site in question is expected to start
broadcast within 3 months. For this site, 10 consciousness-oriented games have been designed
and as a start, the production of 5 games has commenced. The site titled Guvenlicocuk serves the
purpose of establishing safer platforms for children in the virtual environment in parallel with its
examples in the world.
With the objective of increasing the sensitivity of children and young people on safer and
conscious use of Internet, a booklet titled “Recommendations on Safer Use of Internet” was
prepared and 12 million copies were distributed to students and teachers in all elementary schools
at the opening of the 2009-2010 school year.
Picture 2: E-book Advices for Safer Use
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Copies of the booklet intended for 6th, 7th and 8th graders were prepared both in Turkish and
in English. These copies are also used for promotion purposes abroad.
As the basic principle, the guiding booklet was prepared with an emphasis on the rights and
freedoms of children to use the Internet, rather than prohibiting or blocking such use. On the
basis of numerous resources and examples from abroad, this booklet was meticulously prepared
to inform and provide guidance to children and young people on safer use of Internet.
Approved by the Ministry of National Education (MOE) Board of Education and Discipline and
printed in 12 million copies in line with the views of the General Directorate of Elementary
Education, this booklet was printed and distributed by MOE Department of Publications with the
financial support of the Ministry of Transport and Communication.
This guiding booklet is in parallel with both the guiding booklets published in European Union
Member States and the booklets prepared by the COP (Child Online Protection) initiative under
ITU in terms of content and approach.
National and international resources, research studies and initiatives on safer use of Internet were
monitored and included in the content of Guvenliweb. The Website has also been designed as a
medium for sharing developments on safer use of Internet with the sector. Especially polls and
research studies conducted in the international arena were translated and assessed from the
perspective of our country. In addition, news and developments depicted in the foreign press on
safer use of Internet were also monitored and included in the site content.
Fact sheets and views were prepared for use at national and international conventions on safer
use of Internet. Articles and reports were written for use in printed media for widespread
consciousness-raising. Information on ongoing activities and the steps to be taken was given in
these materials.
As can be seen in Google Trends, safer use of Internet as a concept emerged in Turkey as a
product of our consciousness-raising activities towards late 2007 and reached its peak with the
distribution of the booklet titled “Recommendations on Safer Use of Internet”. This is a quite
meaningful observation.
8.2.2. Activities
In this period,
applicants that
failed to send
documents.
on Issuing Certificates For Access and Hosting Providers
the documents of applicants were completely received by the Presidency, as
lodged their application on the system to obtain their relevant certificates, but
their documents to our Presidency were notified via e-mail to submit their
Web sites of 1535 private entities and 1021 real persons that applied for certificates were checked
for open issues. Relevant efforts are made to rectify the identified open issues.
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Figure 43: Statistics on Certification of Hosting Providers, 2009
Figure 44: Applications of Hosting Providers, 2009
As of November, 2009, the provincial statistics of Internet mass use providers that obtained
certificates from local authorities are as given in Picture 3.
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85
Picture 3: Breakdown of Collective Internet Utilization Providers For Commercial Purposes by Province, 2009
8.2.3. Activities Under the Obligation to Inform
According to Article 3 titled “The Obligation to Inform” of the Law No.5651 and the first
paragraph of Article 5 of the Regulation dated 30 November 2007, content, hosting and access
providers for commercial or economic purposes are obliged to keep their correct, complete and
current introductory information in their own Internet environment under the heading Contact in
such a manner that users can reach directly from the homepage.
Article 9 of the Law No.5651 regulates the content published in the Internet environment and
thus the right of victims of violation to demand the discontinuation of the broadcast of the
relevant content. Here, the victim of the right violation can also demand that the responsive text
they prepared whilst demanding the removal of content be published on the Internet site in
question. This will only be possible with the provision of contact information on Internet sites,
which will make it possible to reach the content provider. If the victim cannot reach the content
provider, they must consult the provider of domain with the same demand. The regulation on
introductory information is an important effort toward standardization for the communication
with Internet actors and the owners of content and is significant for it resolves the problem of
reaching the owners at Internet addresses in real life. Therefore, the inclusion of contact
information of Internet actors in the relevant Web site page in the manner described by the
legislation is of great importance also for the enforcement of Article 9.
Proceedings pertaining to introductory information are conducted by the Presidency within the
legislation in question and efforts are made to solve the problems within the admonition
procedure for owners.
Figure 45: Violation of Obligation to Inform, 2009
Among the violations of the obligation to inform reported to the Presidency, the complaints are
observed to be made mostly by persons. The fact that especially people involved in and victimized
by the Internet address in some way personally apply to the Presidency within the scope of the
right to inform can be an indicator of the serious progress made by the society in terms of using
the Internet with a good knowledge of their rights.
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Figure 46: Results of Procedings on Violation of Obligation to Inform, 2009
In the evaluation of the complaints communicated to the Presidency, the Internet address in
question was mostly observed to provide the contact information in compliance with the
legislation. While a percentage of Internet sites equivalent almost to the half of those providing
complete information provided their information incompletely, another such percentage could not
be reached by reason of their foreign origin and the lack of any domestic correspondents. In 18
percent of all Internet addresses, a definitive indication of commercial or economic purpose could
not be identified.
8.2.4. Requests from the Public Opinion
All questions posed to the Presidency via the electronic mail address, soru@tib.gov.tr, are
addressed with great care. In this framework, the percentage breakdown of electronic mails
arriving through this address per subject matter is given below. The main subject matters observed
in this table are as follows.
Figure 47: Breakdown of Questions Coming to Presidency’s E-mail, 2009
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Legal: Electronic mails classified under this heading include requests for legal information or
assistance on reasons of access blocking and the date of its cessation, along with reactions to
access blocking, as well as such various issues as violation of personal rights on the Internet, fraud
and music sharing.
Complaints: Electronic mails classified under this heading include complaints on sexual abuse of
children, facilitation of drug or stimulant use, obscenity, betting and crimes against Atatürk, as well
as complaints and denunciations regarding music and movie sharing, terrorism, betrayal of sacred
values, server/site attacks, password theft, atrocity and violence, violation of personal rights, social
networks and pirated software and game sites.
Irrelevant: Electronic mails classified under this heading pertain to issues that do not fall into the
area of responsibility of our Presidency.
Internet mass use providers: Electronic mails classified under this heading include such issues as
the explanation and implementation of the relevant legislation prepared by Internet mass use
providers and local authorities on Internet mass use providers, utilization of filtration software,
keeping of IP logs, certification, obligations, keeping of camera records and provision of gaming
possibilities.
Authorization: Electronic mails classified under this heading include issues pertaining to the legal
responsibilities of hosting and access providers, as well as issues around information and
operations on the certification of hosting and access providers.
Access Blocking: Electronic mails classified under this heading include all types of questions,
declarations and messages on access blocking enforced ex officio or with a Court decision within
the scope of the Law No.5651.
8.2.5. Content and Domain Name Filtering Operations via Content Filtering Software
Contents falling into the scope of catalogue crimes defined in Article 8 of the Law No.5651 or
contents that do not constitute such a crime, but are “... encouraging bad habits and
prospectively detrimental to psychological and physiological development of minors...” as
described in the Law No.5651 and relevant regulations can be made subject to Internet filtering
for “Internet mass use providers for commercial purposes” and access to these contents or to the
Internet addresses linked with these contents are then blocked throughout Turkey in the scope
limited to the access supplied via Internet cafés notably and other “Internet mass use providers”.
The breakdown of all complaints submitted until 22 October 2009 to the Internet Hotline
established by Communications Presidency, ICTA is given below.
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Figure 48: Breakdown of Complaints submitted to Internet Hotline, 2009
The categorical breakdown of complaints received at Internet Hotline on crimes described in the
scope of the Law No.5651 is given in the following diagram. Complaints regarding such crimes
as obscenity, sexual abuse of children and prostitution make up for around 80% of all complaints.
Figure 49: Breakdown of Complaints related to Crimes in Law No: 5651, 2009
This diagram shows that complaints on obscenity correspond by itself to approximately half of the
number of complaints on all other crimes with the lowest percentage of complaints being on
“Provision of dangerous substances for health”.
Most of the complaints are observed to focus on Obscenity, Prostitution, Sexual Abuse of Children,
crimes against Atatürk and gambling-betting with a rather low percentage of complaints on such
crimes as abetting to suicide and facilitation of Drug / Stimulant use, which once intensely
occupied the public opinion.
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Figure 50: Breakdown of Complaints per Manner of Communication, 2009
As can be seen in the graph above, approximately 89% of all complaints were made by filling in
the form presented at www.ihbarweb.org.tr, followed by e-mail with 8% and telephone with 3%.
The historical breakdown of complaints as of 22 October 2009 is given in the diagram below. The
number of complaints per year reveals a substantial increase. The most important reason of this
increase is the increase in the awareness of the public opinion on the Internet crimes complaint
mechanism established within our Presidency. Another reason of the increase in the number of
complaints is the short evaluation period and the relevant feedback provided for the steps taken
to complainants on request. Another reason is the lack of an alternative agency for citizens to
submit their complaints on the Internet medium. With the increase of the functionality and visibility
of Internet Hotline in time, the number of complaints outside the scope of catalogue crimes
demonstrated an increase, as complainants also submit their problems and comments on the
Internet medium and on issues encompassed by other legislation and these submissions do not
fall into the catalogue under the Law No.5651.
Figure 51: Number of Complaints per Year, 2009
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These games can be filtered and restricted only to Internet mass use providers for commercial
purposes (Internet cafés, etc.) by reason of the applicable legislation governing “online gaming”.
However, due to the lack of a rating/classification organization (such as ESRB in the USA and PEGI
in Europe as observed in examples from international applications), the enforceability of the
legislation remains limited.
8.2.6. Other Activities
Gaming: In parallel with the recent increase in Internet use in Turkey, the use of online gaming
has also become widespread. The addiction claimed to arise from these games has raised serious
concerns, complaints and reactions among parents. The requests of parents for the blocking of
these games could not be positively implemented by reason of the limitation of catalogue crimes
described by the Law No.5651 and the “access blocking” measure could not be implemented.
Thus, the establishment of an organization to classify such games on the basis of relevant and
auxiliary legal instruments is observed to be a dire requirement.
Inhope: In 2008, Communications Presidency made attempts to provide for the membership of
Internet Hotline to INHOPE (International Association of Internet Hotlines) and due to the fact that
a decision of the Council of Ministers is necessary for a membership to an International institution
as required by the Turkish legislation, the issue is currently monitored in coordination with the
Department of International Relations of our Ministry and ICTA Department of International
Relations and EU Coordination.
Clean Internet: With the aim of providing clean content on the Internet and clearing the Internet
of criminally-oriented content, correspondences were made with hosting or content providers of
relevant Internet sites on a total of 2.592 materials and with such applications, efforts were made
to eliminate the inconvenience of access blocking to these Internet addresses as a whole due to
the contents in question. Thus, with warnings, numerous Internet addresses removed such
inappropriate content from their sites.
The decisions of the Presidency are dominated by “Sexual abuse of children and obscenity” as was
the case in the previous year (2008) and the blocking measures taken in the face of these crimes
doubtlessly provide significant contributions to the joint struggle against these crimes with all
developed Western communities.
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9.
Technical Regulation and Standardization
Activities
9.1. Ordinance on Security of Electronic Communications
The Ordinance on Electronic Communications Security, prepared for the purposes of determining
the principles and procedures regarding precautions which will be taken by operators to eliminate
or to reduce risks arising from threats and/or vulnerabilities in order to ensure physical area
security, data security, hardware-software security and reliability, and personnel reliability has
been published in the Official Gazette numbered 26942 and dated 20 July 2008. However, with
entry into force of Electronic Communications Law, which has been published on 10 November
2008, adaptation of secondary regulations of the Authority to the referred law has become
necessary. On this context, regulation on the amendment of the Electronic Communications
Security Ordinance, has been prepared and published in the Official Gazette dated 2 March 2009
and numbered 27157.
After the publication of Ordinance on Electronic Communications Security; information meetings
have been arranged in order to share information mutually with the sector players on the
obligations brought to the operators, and possible effects of regulation to the market, and to
shorten and facilitate the harmonization process to the ordinance with the help of providing
guidance to the operators. In addition, a section is dedicated on the Authority’s website, and
ongoing studies of operators have been followed by a survey. According to the information
obtained on the context of the study and the survey output, even though some operators have
already completed their harmonization work or would be able to complete within the specified
timeframe, it has been seen that major part of the operators would not be able to complete within
the specified timeframe.
In this context, by the Board decision numbered 2009/DK-13/321 and dated 24 June 2009 it has
been decided that; within the framework of the Article 11 of the related Ordinance, timeframe to
comply with TS ISO/IEC 27001 or ISO/IEC 27001 standards determined to be 2 years for the
operators authorized after 20 July 2008, and within the framework of the temporary Article 1 of
the related Ordinance, timeframe to comply with the standards extended until 20 July 2010, and
within the framework of the Article 11 of the related Ordinance at the end of these periods
compliance with the standards will be documented by eligibility certificates received from
accredited institutions.
Based on this decision, to receive and notify to the Authority a certificate of conformity to TS
ISO/IEC 27001 or ISO/IEC 27001 standards from an accredited institute until 20 July 2010 has
become mandatory. Administrative fines will be applied to operators, which do not receive
certificates of conformity up to this date. Even though the operators receive certificates of
conformity they will be audited by the ICT experts of Authority in specific periods in terms of
relevant regulations, and would be supervised by the ICT experts of Authority in terms of
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9.9.2. Communiqué about the Standards in the Scope of the Radio and Telecommunications
Terminal Equipment (R&TTE) Regulation (2009/1)
To publish the list of harmonized national standards corresponding to harmonized standards
referred to by Radio and Telecommunications Terminal Equipment Ordinance published in the
Official Gazette dated 24 March 2007 and numbered 26472, “Communiqué on the Standards
Referred to in the Radio and Telecommunications Terminal Equipment (2007/1)” has been
published in the Official Gazette dated 18 August 2007 and numbered 26617, and came into
force.
obligations, and administrative sanctions will be applied for unforeseen security vulnerabilities
and/or weaknesses.
However, according to updated harmonized standards list which published in the European
Union Official Gazette dated 4 November 2008, and corresponding national standards prepared
and published by Turkish Standards Institution, it has been required to make a revision of the
standards list which referred to by the Communiqué.
On this context “Communiqué on the Standards Referred to in the Radio and Telecommunications
Terminal Equipment” revised by regarding the Electronic Communication Law no.5809 and
taking into account the current standards, and published in the Official Gazette numbered 27210
and dated 25 April 2009.
Harmonized standards listed in the annex of this Communiqué are published by the Turkish
Standards Institute as harmonized national standards, in order to provide ease of use of domestic
manufacturers. The use of EMC, LVD and RF standards in the referred list; provides an important
convenience to the manufacturers showing the fundamental requirements of Radio and
Telecommunications Terminal Equipment Ordinance, and also benefits to access the Turkish
equivalents of standards.
9.3. Communiqué on Publication of Interface Technical Specifications
Today consumer satisfaction is one of the most important factors that increase efficiency and
effectiveness in all sectors and consequently maximize the interests of country at the
macroeconomic level. Since the interoperability of systems in electronic communications services
has a primary role in the consumer satisfaction of related services, determination of principles and
procedures on publication of interface technical specifications which is the main tool for
interoperability, is of great importance.
In EU member and candidate countries publication of interface technical specifications is
considered within the framework of ETSI (European Telecommunications Standards Institute) EG
201 730 [1-4] reference documents. In addition some member countries have relevant technical
regulations.
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Publication of interface technical specifications of electronic communication networks in a specific
order and system will provide efficient use of resources by clarifying the design, production and
supply processes of radio and telecommunications terminal equipments. It is evaluated that
“Communiqué on Publication of Interface Technical Specifications” will have a positive effect on
consumer satisfaction and on efficient use of resources, and will contribute to the national
economy in the long term.
Besides this, in order to design, manufacture, test, and supply to the market the radio and
telecommunications terminal equipments that can work on electronic communication networks
and may use the services offered through this network, the manufacturers should be aware of the
interface specifications of electronic communication networks. The publication of interface
specifications issue is in the “Ordinance on Radio and Telecommunications Terminal Equipment
(T&TTE)” which published in the official gazette numbered 26472 and dated 24 March 2007. In
order to regulate the procedures and principles of application, as a result of studies conducted by
the Authority “Communiqué on Publication of Interface Technical Specifications” is prepared and
published in the Official Gazette numbered 27195 and dated 9 April 2009. With this
Communiqué operators which provide access to the end user are obliged to publish interface
technical specifications.
9.4. Sharing of Base Station Tower
ICTA gives importance to facility sharing in the market in terms of achieving the goals of;
protecting environment and human health, effective and efficient use of resources, decreasing
investment and service costs, increasing service quality and effectiveness, decreasing visual
pollution, and creating efficiency and sustainable competitive environment. In this context, after
the studies carried out by the representatives of ICTA in cooperation with tower manufacturers
and assemblers, operators, universities and academicians, a report named “Strengthening of Base
Station Tower” has been prepared. In the report, the types of base station towers, their loads,
design factors, strengthening methods and international experiences have been analyzed.
Basic regulations of towers have been determined with the “Draft Ordinance on Principles and
Procedures Regarding Setting-up, Usage and Sharing of Antenna Facilities”. For the purposes of
designing, manufacturing and setting-up of new towers allowing more than one operator to use
the towers, “Draft Technical Ordinance on Design, Manufacture and Setting-up of Base Station
Towers” has been prepared. The draft ordinance submitted to the public consultation and after
the consultation process opinions evaluated by the Authority personnel and it is decided to join
these two ordinances in a single and new ordinance. Evaluation period for this new ordinance is
continuing and it is planned to publish the new ordinance in 2010.
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In the context of regulation regarding the Procedures and Principles on the Inspection Activities of
the Telecommunications Authority, an Inspection Coordination Unit is organized to perform
inspection activities more efficiently and effectively. In the context of the Directive that aims to
lighten the inspector, define the procedures and principles to prepare, realize and report the
inspection plans and determine the ways that Inspection Coordination Unit operate, inspection
activities are performed in a way as described in the 17th article of Ordinance in 2009.
10. Inspection Activities
Within the functions of the Authority, the inspection activities are performed in accordance with
the descriptions of procedures and principles in the secondary law upon the complaints or on
Authority’s own initiative.
10.1. Inspection of Operators
ICTA prepares financial, technical, legal and administrative regulations for operators in the
telecommunication sector. As the other telecommunication regulatory authorities around the
world, ICTA in our country assesses the fulfillment of the operators in these regulations, inspects
them upon the complaints or on its own initiative.
Under the scope of Authority’s supervision regulations, 56 supervision activities were made in the
19 different subjects in year 2009. In addition to these, routine supervision activities such as
inspection activities for security certificate, controls of radio system, interference, authorized firm
control and market surveillance and supervision activities have been actualized throughout the
year 2009.
10.2. Inspection of Electronic Sertificate Providers
According to Article 15 of the Law on Electronic Signature which was published in the Official
Gazette dated 23 January 2004 no. 25355 and related articles of Procedures and Principles of the
Regulation on the Audit Studies of ICTA which was published in the Official Gazette dated 30
March 2007 no. 26478 Electronic Certificate Service Providers (ECSP) Audit is done by ICTA. Within
the framework of relevant legislation and Audit Plan of our institution for 2009, administrative and
technical centers of TurkTrust Information and Communication Services Inc. and Electronic
Information Security Inc. which operate as ECSP were audited.
10.3. Inspection of GSM QoS
The Inspections of GSM QoS have been done within the scope of “Communiqué on the
Determination and Measurement of the Criteria Regarding Quality of Service Obligations of GSM
Mobile Operators” put on practice after it was published at the 15 December 2005 dated and
26024 numbered Official Gazette. According to the regulation, the call blockage rate and the call
failure rate of the Networks have been reported to ICTA on three-month term based by GSM
operators. These declarations have been questioned, confirmed and inspected by the
measurements done both in the area and the operators control centers (NCC). In this context,
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inspection of GSM QoS was done twice in the operators NCC centers in 2009 and the area
measurements were realized in the cities of Diyarbak›r, Malatya, Elaz›¤, Ad›yaman, Mardin and
fianl›urfa.
10.4. National Monitoring Activities
Since it is compulsory to ensure the sustainability of communication and quality of communication
at frequencies to which permission and authority of use are granted and regulated by the
Authority by making frequency assignment; It is necessary to monitor the spectrum consistently so
as to take necessary precautions that will ensure on-spot determination and elimination of the
factors, which occur due to various reasons, and thereby prevent the continuous introduction of
propagation media or cause reduction in quality of communication, and broadcasts and effects
that will negatively influence the life, property and country security through improper and illegal
broadcasts.
In order for a telecommunication system can ensure reliable communication; it should be
protected, not only from interferences that can be caused by its own system or a similar system
that uses the same frequency and having the same technical specifications, but also from effects
of devices and machinery, which share the same propagation media, operate at different
frequencies, have very different properties and even do not aim to supply radio communication,
but disperse the unwanted broadcasts to this propagation media due to use of electricity. So the
reason needs to be found and a solution needs to be established. To monitor spectrum bands a
system called National Monitoring System (NMS) was established in Turkey.
NMS consists of stationary, portable and mobile types of stations developed for various operation
scenarios. Among the station types, there are the units in varying number and they vary
depending on their distribution over the country and geographical features of the regional
responsibility area.
In order to carry on the active and efficient use of the system, the necessary service procurement
agreements were signed in terms of keeping it active in order to meet the calibrations of electronic
devices and the maintenance and repairman needs. The activities regarding to increase the
operation effectiveness of the Regional Directorates of NMS were also continued in 2009.
10.5. Electromagnetic Radiation Measurements
We measured electromagnetic pollution on limit value with related to Safety Certificate issued by
Offical Gazette by dated on 16 May 2009 and the number of 27230. The sources of
electromagnetic radiation are for example base stations, radio and TV transmitters. In order to
control the permitted limit values of electromagnetic radiation, electromagnetic radiation
measurement inspections were made in some cities of Turkey. In this context, electromagnetic
radiation measurement were made in Burdur, Isparta, Afyon, Uflak, Urfa and Elaz›¤ cities and the
electromagnetic radiation maps of these cities were prepared. The results of the measurement
have been observed under the limit values published in the Ordinance regarding safety certificate.
Measurement Authorization Instruction is prepared at quality management system of the Authority
and Measurement Authorization Instructions was given to 11 company and also 9 companies’
authorizations was renewed.
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10.6. Market Surveillance and Supervision
After publication of Electronic Communications Law No: 5809, the secondary regulations related
to market surveaillance and supervision has been overviewed. In this concept, Regulation
Amending the Radio and Telecommunications Terminal Equipment Regulation (1999/5/EC) has
been prepared and published in Official Gazette dated 2 March 2009 and numbered 27157. The
other regulation amending the Ordinance related to Notified Bodies has been published in Official
Gazette dated 5 May 2009 and numbered 27219.
The Authorization of Notified Body which is highly important for manufacturer in Turkey could not
be done since there is no application for authorization up to now. There can be many reasons for
this but one of the most important reasons is the scarcity of manufacturers producing radio and
telecommunications terminal equipments in Turkey. In terms of EU legislation, equipments need
to have “CE” marking to be placed on the market. CE marking guarantees obeying EU Safety
Standards. The free movement of this type of goods in EU countries which accepted Common
Market depends on CE marking.
Inspection activities has been carried out through the country in the scope of the Law No. 4703,
Law No. 5809, Radio and Telecommunications Terminal Equipment Directive and The Ordinance
for Market Surveillance of Radio and Telecommunications Terminal Equipments by Authorities’
central office and regional directorates in 7 different provinces.
Across the country, inspections were made at 538 firms with 3 of them were due to complaints
and reporting. In these firms 762 equipments were controlled such as GSM Phone, PSTN Phone,
DECT Phone, Modem, Radio Equipment, UHF/VHF Data Modem, Marine Radar, GPS receiver,
Radio Repeater, PMR and Telemetry equipment. Total of 84 irregularity records were held. No
confidence determining process has been started regarding 28 equipments. As a result of these
inspections, in connection with determining no confidence, lack of technical file and suspicious of
no confidence, total of 719,220 TL administrative fines were given to 34 companies.
The firms which do not resolve unsafe parameters were enforced to recall 46,173 unsafe
equipments from consumers by our Authority.
Above all, in 2009, corresponding firms objected Authorities’ fine decision regarding 10 different
models and embarked on trial process. The process has been lasting by now.
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Tables 17: The Distribution of Inspections Made in 2008 and 2009 by Type.
2008
2009
2008
2009
2008
2009
Reason of Inspection
Number of Inspection
Irregularity
Detecting NonConfidence
SupplementedScheduled
Complaints and Reporting
Scheduled
Sua Sponte
1
63
300
513
0
3
439
320
1
0
46
147
0
0
41
43
0
0
6
4
0
0
6
22
TOTAL
877
762
194
84
10
28
Table 18: The distribution of inspections made in 2009 by type of equipment.
Product Category
Number of Inspections
Irregularity
Detection of
Non Confidence
GSM Phone
PSTN Cabled Phone
DECT
Other Equipment
Equipment in Scope of License
Hindered Inspection
558
62
84
13
44
1
67
5
7
4
1
0
13
3
0
0
0
0
TOTAL
762
84
16
10.7. Activities for Preventing Cloning
With the Law numbered 5392 and dated 2 July 2006, Central Mobile Equipment Identity
Recognizing Database System has been established and by the way, illegal and stolen devices in
the Black List has become not to get service from network. But with the same Law, struggles about
clone making tools has been left to Gendarmerie and Police forces. So that, on this topic, A
necessity has been occured about training, coordination and model development works with
these forces.
By this scope, Seminars for police forces had been held about “5809 numbered Law applications
and IMEI cloning” in our Authority’s 7 Regional Management by personel of our Authority’s
Technical Regulations and Standardisation Department. By 2009, totally 88 personnel from
Ministry of Home Department’s Police General Management from 75 state (By 2008, with the 111
personnel had taken the same training, total number is 199), 22 personnel from our Authority’s
Regional Managements had attended to these detailed theorical and practical training and they
have the certificates of attending to training.
Towards the helded seminars, operations of Police Forces under the scope of 5809 numbered Law
application, have shown in Table 19.
98
Years
Case Number
GSM Phone
Box Device
Computure
2007-2008
2009
115
51
2116
1753
42
84
38
25
Total
166
3869
128
63
Table 19: Surveillence Results About Cloning Subject by Police Forces
10.8. Laboratory Activities
Since 1 May 2006 free movement has been brought to the CE marked Radio and
Telecommunications Terminal Equipment which also have free movement in European Union by
Customs Union agreement. For this reason there is no need for approval from the Authority
before the market supply of the CE marked devices but an efficient market control is foreseen.
Inspections are performed by the auditors of the 7 regional managements throughout the country
and for this purpose surveillance processes are conducted by Market Surveillance Laboratory which
is established on Hacettepe University Technopolis Area within the European Union Financial
Cooperation Project.
Picture 4: Market Surveillance Laboratory
99
Purpose of establishment of Market Surveillance Laboratory is to determine eligibility of devices
which are brought to our country by importers and collected as a sample from the market
according to TTTE regulation which is equivalent to EU acquisition. Besides, demands of producers
in our country and public institutions are met provided that laboratory infrastructure is capable.
The tests applied to the radio and telecommunications terminal equipment for the purposes
mentioned above:
• EMC - Electromagnetic Compatibility Tests
• RF - Radio Frequency Tests
• LVD - Low Voltage Directive Tests
• SAR - Specific Absorption Rate Tests
• TBR - Technical Basis for Regulation Tests
and these tests are described briefly below.
Intention of EMC tests is to identify whether a device is working or not working in compliance with
‘electromagnetic compatibility’ which means this device doesn’t generate electromagnetic noise at
such level that other equipment, device or system in its environment works as requested and
when exposed to environmental electromagnetic noise it has the appropriate immunity level for
continuing its work as requested.
In RF tests it is intended to determine whether the devices working as wireless by radio frequency
waves in the frequency spectrum cause any interference in their environment by detecting their
working frequencies, output powers and spurious emissions in their normal use.
In LVD tests it is intended to determine the reliability of information technology devices which have
a declared voltage that doesn’t exceed 600 V and which are fed with battery or electricity
network. It is also intended to reduce their burning, electric shock and injury risks.
In SAR tests it is intended to determine the absorption level of electromagnetic fields produced by
GSM phones in the brain while making calls adjacent to the right and left ear and also with a 15
degrees angle in 900 MHz and 1800 MHz bands and hence to determine the human health
effects of mobile devices.
In TBR tests it is intended to determine the safe interface connection of devices to the PSTN
network through interface connection experiments made for determination of acoustic
transmission compliance and electrical connection of devices which are connected to the PSTN
network with two-wires such as cordless or with cord analog phones, analog modems, dialers etc.
In 2009 a total of 112 devices were tested in the Market Surveillance Laboratory. These devices
consist of 79 GSM phones (26 of them are with single SIM card, 53 of them are with double SIM
card), 12 DECT phones, 19 wired phones and 2 RF modules. 2 RF modules and one of the wired
phones were tested in order to meet the demand of 3rd parties and other 109 devices were tested
in the context of market surveillance. Distribution of the tests applied in MSL to the devices in 2009
is given below:
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In the laboratory EMC, RF, LVD and SAR tests are applied to GSM devices in the context of
inspections, however TBR tests are not applied. Number of tests applied to GSM devices in 2009
is given in Figure 52.
Figure 52: Tests applied to GSM phones
In the laboratory EMC, RF, LVD and TBR tests are applied to DECT devices in the context of
inspections, however SAR tests are not applied. Number of tests applied to DECT devices in 2009
is given in Figure 53.
Figure 53: Tests applied to DECT phones
In the laboratory EMC, LVD and TBR tests are applied to PSTN devices in the context of inspections,
however RF and SAR tests are not applied. Number of tests applied to PSTN devices in 2009 is
given in Figure 54.
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Figure 54: Tests applied to PSTN phones
As can be seen from Figure 55 a total of 102 EMC, 65 RF, 81 LVD, 50 SAR and 27 TBR tests were
applied to devices in 2009.
Figure 55: Total number of devices tested
The data in the above graphics denotes the number of devices tested in each laboratory unit.
Moreover, for each device different tests are applied within the laboratory units. Table 20 gives
information about the number of tests applied to each device.
102
Laboratory Unit
EMC
RF
LVD
SAR
TBR
Number of Devices
102
65
81
50
27
Number of Tests
Applicable
Total Number
of Tests
10
2
11
6
14
696
368
891
972
378
OVERALL TOTAL
3305
Table 20: Test Numbers Applied to Devices by Laboratory Units in 2009
A total of 10 different tests (conducted emission, conducted immunity, radiated emission, radiated
immunity etc.) are applied to devices in the EMC laboratory. In some tests the number of tests can
be doubled according to device’s operating modes such as 900 MHz and 1800 MHz. In the same
manner test numbers can be doubled in RF and SAR according to the number of modes.
However, in the market control some destructive tests are not applied, so the number of tests may
vary. In this context in EMC laboratory 696 tests, in RF laboratory 368 tests, in SAR laboratory 972
tests, in LVD laboratory 891 tests and in TBR laboratory 378 tests are performed resulting in a
overall total of 3305 tests in the Market Surveillance Laboratory in 2009.
A Laboratory Management System appropriate for TS EN ISO/IEC 17025 standard was established
in 2008 in Market Surveillance Laboratory (MSL) and a request was made to TURKAK for
accreditation. In this context information level of 17 laboratory staff about accreditation and
laboratory tests was increased by ISO 17025 Main Education, Documentation Education, Internal
Auditor Education and Measurement Uncertainty Educations.
TS EN ISO/IEC 17025 Laboratory Management System established in MSL was inspected for
accreditation by TURKAK through the days 9-10-11 February 2009. Inspection was completed
successfully and Market Surveillance Laboratory was accredited in 28 April 2009. With this
accreditation, reliability of the tests performed in the MSL was ensured and approved by TURKAK.
In the past period work has been done for maintaining and improving the accreditation and
reformative and preventive facilities has been performed in this context, furthermore a
management overview meeting was held. Laboratory work is carried out coordinatedly by regular
monthly accreditation meetings. Upon the accreditation of the MSL, reliability of the tests
increased to international level, laboratory reached to an undisputed position from the test result
point of view, thus applications made to the courts for appeal remain unrequited. Accreditation
of MSL will be renewed annually by surveillance inspections which will be made every year, first
inspection will be made in April 2010 by TURKAK. MSL staff is carrying on the studies for
Accreditation Surveillance Inspection with a big effort.
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11. R-D Projects
11.1. National IPv6 Infrastructure Design and Transition Project
“National IPv6 Infrastructure Design and Transition Project”, executed by ICTA, ULAKB‹M (Turkish
Academic Network and Information Centre), Gazi University and Çanakkale Onsekiz Mart
University, is a project that is approved within the Program of Supporting the R&D Projects of
Public Entities by TUBITAK (The Scientific and Technological Research Council of Turkey). With this
project started in February 2009 and to be completed in February 2011, strategies of transition
to IPv6 will be determined at the national level and diffusion and awareness studies that will foster
research and technology development studies regarding IPv6 will be conducted. Within this
framework,
•
•
•
•
An “IPv6 Information Production and Management System” will be produced and cost
effective and reliable transition processes that are compatible with various organizations’
structures and applicability of which are searched will be designed; stages and time of
transition of Turkey to IPv6 protocol will be planned.
Via “IPv6 Pilot Facility and Development Medium (IPv6-GO)” to be developed, a platform that
can be used for testing and developing applications using IPv6 protocol by all national
organizations for no charge will be provided.
Security issues (attacks and weaknesses) related to IPv6 will be determined via Honeypot
software to be developed.
“IPv6 Conference” and “IPv6 Workshop” will be organized to share the project outputs in
2010.
In year 2009, the first eight-month stage of the project which is mostly spent by research and
necessity analyses was completed and a web page (www.ipv6.net.tr) was designed to provide
information about the studies carried out within the project. Besides, two meetings with 52 public
entities in the morning and 20 internet service providers (ISPs) in the afternoon were conducted
on 7 May 2009 in order to give information about IPv6 in general and “National IPv6 Infrastructure
Design and Transition Project” in particular. In those meetings the importance of IPv6 and
international trends were pointed out.
It is deemed to be necessary now to plan the process of transition to IPv6 so that the transition in
Turkey has not lagged behind, transition costs have not increased and the opportunity of being
competitive has not been missed. E-Transformation Turkey Executive Board’s Decision No.27
dated 15 July 2009 gives ICTA the missions of raising awareness, preparing a road map and to
develop measures and policy proposals regarding the transition to IPv6 with collaboration of all
related stakeholders.
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Via the ICTA’s official writing dated 2 February 2009, no.4724 sent to State Planning Organization,
in order to support IPv6 transition works in Turkey and to prevent idle investments in public sector
the followings were demanded;
• Public entities and organizations were informed about taking into account the IPv6
compatibility in development and procurement activities,
• IPv6 compatibility issue was placed in “Guide for Preparation of Public Information and
Communication Technology Projects” as a criterion.
Along with the ICTA’s recommendations; the followings were added to the 2009 version of
“Guide for Preparation of Public Information and Communication Technology Projects”;
“Works for ensuring the IPv6 compatibility of ICT infrastructures of both network operators and
users are going on in our country. Therefore; network infrastructure products to be procured by
public entities and organizations are required to be IPv6-enabled” (pg. 13-14)
the requirement of “The software products to be procured by public entities and organizations
must be IPv6-enabled ” (pg. 16)
From this framework, the investment project proposals sent to State Planning Organization by
public entities and organizations must be meeting those criteria stated above. It is known that
software and hardware have certain life cycles and because of technological developments these
lives are not so long. Hence, it is assessed that most of the software, hardware and systems in
public entities and organizations would be IPv6-compatible within a following few years.
11.2. IMT2000/ UMTS R&D Procedures and Principles
The existing mobile telecommunications operators (Turkcell, Vodafone and Avea;) have been
awarded Third Generation (3G) licenses after the tender held in 2008 in the authorization process
of IMT2000/ UMTS mobile telecommunications services. The IMT2000/UMTS (3G in other words)
services providing data rates up to 2-14,4 Mbit/s for fixed users and 384 Kbit/s for mobile users
promise many innovative services like video call, video streaming or entertainment applications
that require high data speed and capacity.
The operators that will provide those services need to invest on a considerable size of
infrastructure. Some important regulatory obligations related to the IMT 2000/ UMTS services and
infrastructure investments in the authorization plan7, tender documents and the related
concession agreements have been defined for the 3G operators based on the assumption that
the necessary investment will be huge and the network equipment will heavily be imported. In
order to foster the R&D, innovation and production in Turkey, the operators are obliged to
procure 40% of the hardware and software required for the infrastructure investment from a
7
The Authorization Plan related to IMT2000/ UMTS Services and Infrastructure prepared by the Authority has
entered into force by publication in the Official Gazette dated 18 September 2008 and having the number
of 27001 after the approval of the council of ministers.
105
vendor having an R&D center founded in Turkey to develop R&D projects in the field of ICT and
10% of those from the SME vendors founded in Turkey to develop product and systems due to
the scope of those provisions. Furthermore, the provision includes the obligation of employment
of Turkish engineers in amount of at least 200 in the first year, at least 300 in the second year and
at least 500 in the third and the following years in that R&D center in order to increase the number
of R&D personnel and the well qualified human resources.
In this context, “The Procedures and Principles on the Investigation and Inspection of the
Hardware and Software Investment used in the IMT2000/ UMTS networks” has been prepared
after the studies carried out in the scope of the responsibility of “To facilitate the use of innovative
technologies and domestic production based on R&D”.
The purpose of that Procedures and Principles is to investigate and inspect the implementation of
the provisions related to the investments presented in the authorization plan, tender documents
and the concession agreements signed by the operators, to ensure the operators comply with the
obligations and to define the reporting obligations of the operators and the sanctions applied by
the Authority. The Procedures and Principles has been approved by the decision of the Authority
Commission dated 4 March 2009 and having the number of 2009/DK-09/109 and the decision
has been published in the Official Gazette dated 24 April 2009 and having the number of 27209.
It is concluded that this procedures and principals will dramatically facilitate the development of
Turkish telecommunications sector by ensuring the operators procure hardware and software in
their network investments parallel to the provisions aiming the improvement of R&D studies,
domestic productions and recruitment of well qualified R&D personnel and by defining the
necessary procedures for the implementation of those provisions.
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ICTA maintained close ties with European Union (EU) and all the international organizations
including International Telecommunication Union (ITU), European Conference of Postal and
Telecommunications Administrations (CEPT), European Telecommunications Standards Institute
(ETSI), which are international and regional telecommunication organizations, in 2009, took part
in the activities performed under these organizations and contributed to capacity of the Authority
by transferring developments and experiences concerning worldwide technology and regulations
in order to improve corporate capacity so as to perform the task of regulation the sector in more
efficient and international standards as well as representation of our country in international
organizations as a member administration. Besides, Information Technologies and
Communications Authority implemented bilateral and multilateral cooperation projects in the field
of telecommunications with countries which have historical and geographical similarities with
Turkey.
12. International Relations
12.1. Relations with the European Union
The relations with the European Union (EU) in the related areas in parallel with Turkey’s relations
with the EU continued in a multi-dimensional and intensive way in 2009. These relations and the
activities can be summarized under four main headings which are accession negotiations,
contributions related to basic information and documents within the context of the EU activities,
meetings with the European Commission and participation in the committees and benefiting from
the EU pre-accession financial and technical assistance tools. After the decision concerning start of
accession negotiations with Turkey was made by the European Union on 3 October 2005, 35
negotiation chapters were specified through publication of negotiating framework.
In this context, “Chapter 10 - Information Society and Media”, which mostly relates ICTA because
of the legislation it is responsible for, was opened for negotiations and the benchmarks of the
Chapter were declared at the Intergovernmental Meeting which was held in Brussels on
19 December 2008. After that, the first meeting with the Commission was held on 10 February
2009 in Brussels. Following this first meeting, at which technical information exchange was made
regarding the closing benchmarks of the chapter, studies were continued with the second
meeting that was held in Ankara on 9 September 2009. It was agreed that the following meeting
to be held in Ankara in February 2010. The negotiations are expected to be continued in the
coming future.
Other important activities which are performed within the context of the relations with the EU are
contributions to the documents which form the framework of relations between Turkey and the
Union. As for the National Programme activities, studies were continued regarding priorities
related to ICTA within the context of 2008 National Programme. Additionally, ICTA contributed to
the 2009 Progress Report which Commission publishes every year.
107
Participation in the EU Committees is among the priority policies of ICTA. In this context, in line
with the resolution for establishment of the Customs Union between Turkey and the EU,
“Subcommittee on Technological Innovations, Education and Research Programmes”, which
enables bilateral meetings with the Commission side and evaluation of the issues concerning the
Acquis Communitaire and annually assembles, convened in Brussels on February 9th, 2009.
ICTA, which represents our country as an observer in European Regulators Group (ERG) and as a
member in Independent Regulators Group (IRG), takes part in General Assemblies of the said
groups at the highest level.
ICTA also continued in 2009 to contribute to the studies within the “Monitoring Project of
Regulatory and Market Developments for Electronic Communications and Information Society
Services in Enlargement Countries” which is financed by the European Commission.
Moreover, several contributions were made to the work of EMERG (Euro-Mediterranean
Regulators Group) which was created as a platform similar to IRG in order to provide experience
sharing and multilateral dialogue between EU members and Mediterranean countries.
The activities continued concerning pre-accession financial and technical assistance in 2009 in line
with the objective of ICTA on utilizing various funds and programmes of the Union in the fields
for which ICTA is responsible. Within the context of 2009 applications of TAIEX, which is one of
the short term technical assistance tools of the EU Commission and some Member Countries to
assist candidate countries on the transposition of the EU legislation into the national legislation,
ICTA’s project proposals for “Introduction and Implementation of Naked Wholesale Services”,
“Spectrum Trading” and “Application of out-of-Court Dispute Resolution Mechanisms in Electronic
Communications Sector” have been approved by the European Commission for the first and
second group of applications respectively.
12.2. Relations with International Telecommunications Organizations
Information and Communications Technologies Authority participated in the Council of the
International Communication Union (ITU) whose 2009 session took place in Geneva between 20
and 30 October 2009.
Being the ITU’s top level decision making body, Turkey had been elected to the Council as one of
the 46 member states for a period of 4 years in the Plenipotentiary Conference of Antalya 2006.
The 2009 Session of the Council was attended by 301 delegates representing 46 member states,
36 associates and 9 sector members. In the framework of the Council, 18 meetings, among which
11 plenary meetings and 7 meetings of administration and finance committee were held.
The Council had 87 documents on its agenda, 21 of which were the contributions of the member
states. Consequently the Council, adopted 2010-2011 biannual budget, approved the operational
plans; approved resolutions on the establishment of two working groups; namely on “Strategic
and Financial Plan” and “Protection of children in cyberspace”; adopted resolutions on ICTs and
climate change; approved strategic HRM Plan, created a post for ITU Ethics Officer; and decided
upon the re-structuring of the ITU-T sector as well as approving the reports of its sub-working
groups.
108
To contribute to ITU fourth World Telecommunication Policy Forum (WTPF 2009) which took place
in Lisbon from 21-24 April 2009 whose purpose is to provide a forum where ITU Member States
and Sector Members can discuss and exchange views and information on emerging
telecommunication policy and regulatory matters arising from the changing telecommunication
environment, that is, to the Report of the Secretary General which is the sole working document
of the Forum, 3 Project Groups on “Internet”, “Next Generation Networks-Convergence- Emerging
telecommunications policy” and “The International Telecommunication Regulations (ITRs)” has
been established. Turkey’s views on the four themes of the Forum (Convergence, including
Internet-related public policy matters, Next Generation Networks, Emerging telecommunications
policy and regulatory issues, The International Telecommunication Regulations) has been forward
to ITU.
In the Council, ICTA presented its contributions on closure of operationally completed projects
whereby generating income for the Union and on strengthening of the regional presence.
ICTA organized an international panel on the occasion of the World Telecommunication and
Information Society Day on 15 May 2009 at Istanbul with the theme of “Protecting Children in
Cyberspace” as proposed by the ITU Council. The panel has provide an opportunity for various
stakeholders such as operators, service providers, NGOs and several governmental agencies to
discuss and exchange views on the protection of children in cyberspace. The panel will be
composed of two main sessions. In the first session, the participants will discuss possible threats
for children and measures for protection under the theme of “Threats in Cyberspace for Children
and Awareness”. The second session of the panel will further elaborate discussions under the
theme “Global Strategies and Solutions in Protecting Children in Cyberspace”. Mr. Sami Al
Basheer, Director of the Telecommunication Development Bureau of ITU has been invited as the
keynote speaker in the opening session of the event.
ICTA participated in the ITU Telecom world event which took place between 5 - 9 October 2009
in Geneva. In anticipation of the current global challenges of the information society, digital
divide, cybersecuirty, ICTs and climate change were the main topics of discussion during the
Telecom event. The event provided an opportunity to ICT specialists, industry leaders and decision
makers to Exchange views and discuss the achievements towards information society on the
theme of “Open Networks-Connected Minds”.
The opening of the Telecom world event was attended by Mr. Ban Ki Moon, the UN Secretary
General, Dr. Hamadoun Toure, The ITU Secretary General and several other Heads of States,
Ministers as well as CEOs and other distinguished guests.
The Telecom world 2009 was composed of several segments including a Forum, Exhibition, VIP
Programme, Youth Forum and several other parallel sessions. The event was attended by 186
participants including 7 Heads of State and/or Prime Ministers, 80 Ministers, 180 CEOs, heads of
many regulatory authorities from different countries in the world.
109
In the Forum, topics such as Green ICT, cyber security, climate change, public-private partnership,
globalization and localization, future Internet, cloud computing, mobile NGN (NGMN),
broadband, ICT in economic development, head-of-state and youth forums, innovation,
regulatory models were discussed.
In the scope of the Forum, Connect Schools Initiative was launched by Mr. Ban Ki Moon the UN
Secretary General. With this initiative the UN aims to connect all schools around the globe to the
internet by 2015. The developments are to be followed up through the Youth Forum consisting
of 300 participants.
ICTA participated in the first Council meeting of the European Communication Office – ECO took
place in Geneva between 18 and 19 November 2009.
Being the ECO’s top level decision making body, the Council was attended by 20 delegates
representing 18 member countries. The financial plans and Administrative issues of ECO have
been adopted in the Council meeting. ICTA presented its contributions on 2010 Budget and
2011-2012 financial plans of during the ECO Council meeting.
12.3. Regional and Bilateral Cooperation
12.3.1. The Cooperation Project in Eurasian Telecommunications Regulations
The activities continued within the context of “the Project for Eurasian Cooperation in the field of
Telecommunications Regulations”, which was commenced with the initiative of
Telecommunications Authority in order to establish an efficient and permanent cooperation
between the countries in the Eurasia Region and Turkey on telecommunications regulations, to
exchange views and share experiences between the countries in the region concerning the
matters of common interests, to harmonize regulatory activities, to establish scale and scope
economies and create a suitable investment environment in telecommunications sector which is
intense in terms of capital and technology. Contacts have been made for the participation to the
project of the other countries in the region.
12.3.2. The 4th Black Sea and Caspian Regulatory Conference
The 4th Black Sea and Caspian Regulatory Conference was organized in Istanbul on 11-12 June
2009 by the ICTA. The main theme of the conference was “Convergence: Opportunities and
Threats”. The conference to which approximately 300 participants attended including
representatives of national regulatory authorities from the Black Sea, Caspian and European
countries as well as academics and operators served as a platform to discuss and exchange views
on current issues.
12.3.3. Bilateral Cooperation
Through bilateral cooperation with the various countries, the ICTA aims to develop its regulatory
capacity, to develop mechanisms for sharing experiences and information with countries that are
developed in terms of telecommunications regulations, to support and guide the neighboring
countries that have similar historical and cultural values, to strengthen current relations by creating
common starting points, to increase recognition of the ICTA and to benefit from international
platforms by establishing good relations.
110
In this context, a delegation from the Communication Regulatory Authority of Iran (CRA) visited
Turkey between the dates of 25-30 January 2009. In order to strengthen the existing relations
between the two Authorities, a Memorandum of Understanding was signed on 29 January 2009
by Mr. Mahmoud KHOSRAVI, Deputy Minister and Chairman of CRA and Dr. Tayfun ACARER,
President of ICTA and Chairman of the ICTA Board. Pursuant to this Memorandum of
Understanding, a Working Group composed of relevant experts of both Authorities was
established and its first meeting was held in Tehran on 25-27 May 2009.
Also, within the framework of the bilateral cooperation, the Chairman and Vice Chairman of the
Board paid an official visit to Bulgaria on 30-31 July 2009 at the invitation of the Communications
Regulation Commission of Bulgaria (CRC). During the visit, besides exchanging views on various
topics, a Memorandum of Understanding was signed by Dr. Tayfun ACARER and Dr. Vaseline
BOZHKOV, Chairman of CRC in Sofia on 30 July 2009.
111
13. Technologic, Economic, Regulatory and
Market Reports
Publishing and sharing of the reports clarifying the status of the market and explaining new
technologies and services is of great importance for the proper functioning of the decision-making
process of regulators, and for awareness of consumers and operators about the decisions and the
justifications of regulations and about decisions of the regulatory body, and for having knowledge
how these regulations affect the sector.
As a general rule, more information should be released due to increasing competition in markets
where liberalizations occurred. In this context, it is vital for the authority to prepare reports that
include market information based on reliable data in order to inform all relevant parties in a
detailed manner. With these reports it will be possible; to monitor the development of new market
players closely, to inform the public about the investments to the telecommunications sector after
the liberalization period and new products and services resulting in this direction, and to monitor
the tendency of tariffs and the amount of traffic which are the specific indicators of the
development of competition. In addition, every day a new product and service type is standing
out parallel to information and communications technology developments. It is very important to
inform and guide the existing operators in the sector or the firms willing to invest to the sector
about the new services and technologies. On this purpose, parallel to the developments in the
world, reports including economic, technological and regulatory issues are prepared by the
Authority and published on its website. Reports published in 2009, and their brief content is given
below.
13.1. Competition Problems and Functional Separation: Scope, Application,
Experiences and Suggestions
In this study, firstly competition problems and regulatory methods to eliminate these problems
have been assessed. Following this, functional separation and application of this tool in other
countries have been evaluated in terms of both positive and negative consequences. This study
concludes with the examination of the situation in Turkey along with the observation of some
functional separation cases made in this country.
It can be said that enabling a more competitive environment and eventually increasing consumer
satisfaction forms most important reasons for the establishment of regulatory institutions. Within
this perspective, regulatory authorities should work to increase the number of market actors not
only by just giving licenses but also making necessary regulations to prevent possible anti
competitive practices of dominant operators. In this process, regulatory institutions can use both
ex ante and ex post regulatory tools to minimize anti competitive actions.
Anti competitive practices, are used to define actions of firms that have dominance and/or
significant market power (SMP) in the related markets. These actions range from establishing
112
Competition problems can be evaluated in two dimensions. First one is related with market
dimension that consist of using market power in the related markets (same market and in others
horizontally or vertically) and market termination segments, totaling four use of dominance forms.
On the other hand, one can also mention the cause- effect side of the problem. This category
consists of strategic variables, practices and possible effects of these actions.
market entry barriers to newcomers to making anti competitive practices to sustain market
dominance, reducing consumer welfare in turn. To prevent this kind of activities, regulatory
authorities, in the first place, conduct market analysis and then if any firm with significant market
power is found, various obligations are imposed on these firms.
Measures that can be used to prevent such kind of anticompetitive practices are stated in the
related Access and Universal Service Directives of EU Commission. Whereas; Access Directive states
measures and obligations that may be imposed on SMP operators in wholesale markets, Universal
Service Directive is concerned with retail market obligations. Transparency, non discrimination,
cost accounting, accounting separation and tariff controls can be given as examples that are
stated in the Access Directive. On the other hand, measures and obligations to prevent
anticompetitive bundled offers and predatory pricing set forth in the Universal Service Directive. In
this regard, regulatory authorities, while protecting consumers, implement various measures such
as price cap methodology and aligning prices to actual costs to increase competition in related
markets.
In these directives, only accounting separation are mentioned without explicitly stating functional
and structural separation. Notwithstanding to this, nowadays, it is argued that functional
separation should be explicitly stated in the related EU directives. In more specific terms,
accounting separation means showing detailed cost categories and publication of various details,
enabling more transparency in the market. Apart from this, functional separation is implemented
by dividing infrastructure and related services each other without dealing with ownership issues.
By making this, it is planned to achieve equal treatment of alternative operators and the dominant
operator’s retail branch in the use of network infrastructure. In the last place, structural separation
means the most extreme measure and implies actual ownership separation of related network and
retail service branches.
Functional separation that is not stated in standard measures is advised to be adopted when other
regulatory tools are proved to be not effective in preventing differential treatment of vertically
integrated operator in the related market. In this regard, one of the most important benefits of this
procedure is to prevent anticompetitive practices other than related to pricing issues such as
quality of service etc. in a considerable extent. However, there also exist some costs in the form of
operational expenses due to elimination of vertical integration in the market. Besides this,
functional separation may lead to negative consequences for the investment and innovation
motives of dominant operators, reducing the establishment of faster next generation network and
related infrastructure.
Functional separation as a regulatory tool is also not mentioned in Turkey’s legislation.
Nevertheless, it is considered that Information and Communication Technologies Authority (ICTA)
113
can implement this policy tool in the light of existing non discrimination principle. In fact,
accounting separation is clearly stated in the relevant legislation and it is used along with non
discrimination obligation. In addition to this, it is observed that functional separations have been
adopted following the Competition Authority’s formal report, during the privatization process of
Türk Telekom. Within this context, firstly cable TV network has been separated from this company
and given to a different firm, namely Türksat and this can be considered as an example of
structural separation. In the second category, establishment of TTNet can be given as an example
of functional separation. Having analyzed the current situation in both cable TV and broadband
internet market, it can be said results of these separations have not been so beneficial and various
amendmants and policy revisions should be devised to increase the beneficial effects of these
regulatory policies.
13.2. Convergence: The Impact of Convergence on Telecommunications and
Broadcasting Regulations
In this study, after the concept of convergence and its definition are addressed, the levels of
convergence, new services and the new functionalities of the new networks are mentioned.
Moreover, the effects of convergence on market, competition and regulations are discussed and
new regulatory approaches and regulatory framework for convergence are interpreted. In the last
section, after a short assessment about Turkey, the conclusion and the proposals are presented.
Convergence is a change process from analog to digital, voice to data, narrowband to
broadband, circuit switched to packet switched, one way to interactivity and scarce resources to
redundancy, and also the digitalization of the whole content. The steps of this process are defined
by these aspects.
Traditional PSTN networks, which are based on circuit switched technology, provide voice services
with high quality. The owners of these networks add the packet switched data networks and
services to their circuit switched networks by using Frame Relay, ATM or IP technologies. Having
next generation networks is important for circuit switched network owners to provide converged
services and also to supply new revenue resources. Either in overlay or dedicated networks, when
the service quality of circuit switched networks is reached, all the traffic will shift to these packet
switched networks.
It is important to have a suitable political and regulatory framework for the functioning of market
to profit from the advantages of convergence. In the enormous growth of mobile phone usage
worldwide, the role of liberalization in telecommunications market is as important as high demand
and low costs due to new technologies. Research proved that the widening of
telecommunications services is dependent on the appropriate business conditions in the
developing countries. The appropriate business conditions also depend on political and regulatory
framework.
In this context, it is beneficial to create a new regulatory framework to increase competition. If the
regulatory authority decreases the barriers to entry and provides regulations that lead to
innovation, it will be possible the service providers to provide converged services and by this way
competition level will increase, prices will drop and the market will grow.
114
In this sense, cooperation with the regulatory authority of media, RTUK, is important in order to
solve the challenges between media and telecommunications industries caused by convergence.
Although there is not a unique and definite regulatory model to meet the regulatory challenges
due to the convergence, in addition to the sector specific regulations, it is required to make
technology neutral and flexible regulatory framework for the converged services. Besides, the
challenges of convergence require that the radio and TV regulatory institutions and
telecommunication authorities should cooperate with each other in order to evaluate the situation
in an integrated approach.
On the other hand, the ex-post regulations of Competition Authority becomes more and more
important because of the increase in the number of mergers and acquisitions and also the
requirement of minimum intervention in a converged environment.
It is important to take the measures so that the potentials of anticompetitive practices, such as
misuse of market power and cross subsidization, may occur due to mergers and acquisitions.
Parallel to the convergence, instead of time and distance based interconnection charging, new
methods based on capacity emerge. The service definitions and the fees described in the
Reference Interconnection Offer may be reviewed considering the determination of prices as to
the capacity (i.e. MB) of the data in addition to the existing method for determination of call
origination and call termination prices based on minutes.
Moreover, the importance of numbering and spectrum issues will proceed in a converged
environment. The spectrum regulations are adapted to convergence by the means of technology
neutral spectrum allocation and spectrum trading. Numbering issues will become more important
after the cable infrastructure is used to provide voice services. Flexibility in the spectrum regulation
and finding solutions to the potential problems about numbering will give the operators a chance
to tend toward new services and technologies.
For the analog and digital TV broadcasting, there is a specific spectrum that is allocated. Similarly,
since the Mobile TV services may be provided through 3G infrastructure, it means that video
services would be provided although basically its license is given for the voice services.
Furthermore IPTV services make it possible to provide video and internet services over DSL or fiber
optic cables without a frequency requirement. Although it provides fundamentally TV services, it
differs from traditional broadcasting in some regulatory aspects. First of all, in the licensing period,
it is important either the scarce resource is used or not. In addition, content regulations should be
taken into account.
While radio and TV frequency plans are made by ICTA since 2002, after the law numbered 5809
came into force, this function became a duty of RTUK. On the other hand, establishment of
common antenna and systems in order to provide all the broadcasting services through
determined emission points, including radio and TV broadcasting and the regulations related to
facility sharing and common settlement will be conducted by ICTA. About frequency plans, one
115
of the main factors is that the determination of the location of the transmitters. Since RTUK also
has a role in the decision about the locations of transmitters, the establishment of common
antenna and systems and the regulations related to common settlement and facility sharing
require cooperation between ICTA and RTUK in order to prevent conflicts.
Licensing process of terrestrial digital platform service providers continues since 2004 in Turkey.
One of the most important reasons of this situation is the authority problem between these two
institutions. ICTA has the authority to license the infrastructure providers that provide broadcasting
services. The law numbered 3984 gives RTUK the authority to license both the infrastructure and
the services provided over these infrastructures. At this point, the authority conflict between these
two organizations should be solved.
The possibility of providing wireless broadband internet access through 3G or other technologies
such as Wi-Fi and Bluetooth makes the web-based VoIP and the voice services that the mobile
operator provides over a circuit switched network or a packet switched in a condition of data
services, competitors to each other in the same cellular system. It may cause some problems in the
market because of the possible price difference between internet services which provide data and
voice services over cellular systems. Moreover voice services may be provided over web by using
software programs. In such situations the services should be distinguished either a voice service
or a data service. If the prices of services that have the same characteristics differ, the structure of
the market will be deteriorated. The solution of these problems by making new regulations
hurriedly became very significant.
New regulations in order to cover services such as VoIP, IPTV, FMC or VOD in the licensing regime
which will facilitate operators and incentive operators to invest in NGN or new services become
noteworthy to profit from the convergence in Turkey.
13.3. Regulatory Impact Assessment; Scope, Implementation, Experiences and
Proposals: An Ex-post RIA Study on Regulation of Mobile Termination Rates
This study analyzes the definition, scope and methodology of Regulatory Impact Assessment (RIA)
and introduces the benefits and costs of RIA. The prerequisites for a successful RIA study are
discussed and the framework for RIA is defined. Subsequently, experiences of EU and OECD
countries are assessed. Finally, the current situation in Turkey regarding the RIA is elaborated and
an ex-post RIA study for regulation of mobile termination rates is conducted.
A regulatory impact assessment is a policy tool used to analyze the possible benefits and costs of
an existing or a new regulation. RIA is an analytical report assisting the policy makers in decision
making stage. Generally a RIA study consists of; title of the proposal, aim and expected impact of
the proposed regulation, assessment of the policy, definition of alternatives and corresponding
impacts, results of public consultation, harmonization strategies and monitoring and assessment
processes.
The main goal of RIA is to assist governments in making regulations and policies more effective.
The most basic characteristic of RIA is that it assesses the likely positive and negative economic
116
Prior to the design and implementation of RIA, decision makers and regulators have to consider
the existence of basic needs for application. The prerequisites include the willingness of decision
makers, integration of RIA in decision making processes and formation of a RIA team in the
institution.
effects of regulatory proposals. Governments use RIA for understanding the benefits and costs of
their actions to be taken, integrating multiple policy goals, improving transparency and
participation and increasing the accountability of the state.
Once the prerequisites are assured, the next stage is the definition of the RIA framework. This
stage involves the analyzing the applicability of each component within the proposed system.
These components include coordination mechanisms, setting the priorities and goals of RIA,
improving data collection methods and application of a flexible RIA methodology. Accuracy and
reliability of data provided by operators is an important factor affecting the results of RIA. In this
respect, effectiveness of RIA studies can be improved by auditing of these data .
Implementation of each and every new policy tool generally involves a training and exercise
phase. With regard to RIA, education is of great importance to ensure the cultural transformation
within the administration. Guidelines to be prepared related to RIA supports this education phase
and accelerates the information exchange and diffusion among regulators and decision makers.
However, RIA is not only about the administration. Since public consultation is one of the basic
elements, results of RIA should be accessible by the public and transparently announced to
citizens and operators.
RIA has been integrated to policy systems in various countries and it has been improved
continuously. RIA has been implemented by OECD countries since 1974. European Commission
on the other hand adopted a new RIA model and this has been implemented since 2003. This
model consisted of two stages; namely screening and assessment. It aims adoption of a common
format in EU countries. Screening stage involves definition of the problem, alternatives for
remedying the problem, a total understanding regarding the stakeholders to be affected from the
regulation and determining which regulatory proposals are to be taken into a more rigorous
assessment. Assessment stage builds on the screening report and the proposals are assessed using
analytical methods in order to evaluate the social, economic and environmental effects. This stage
also uses public consultation process and digs up to understand likely consequences.
RIA first entered into Turkish legislation with the publication of the Ordinance on Preparing
Legislations in Official Gazette no:26083, dated February 17, 2006 . The ordinance obliges
conduction of RIA studies for laws and decree laws expected to have effects of exceeding 10
million TL threshold. However the Prime Ministry has power to require RIA studies for laws and
decree laws expected to have effects of not exceeding this limit and also for other regulatory
actions regardless of their proposed financial effects. RIA studies in Turkey involve assessment on;
need for the regulation, expected costs and benefits of the regulation, whether the regulation
brings additional financial burden to budget, whether it requires establishment of a new
organization or creation of a new staff position, effects on social, economic and business sectors
117
and on environment and relevant stakeholders, whether it has potential to increase bureaucracy
and formalities, whether the relevant stakeholders have had the opportunity to express their
views, how the accordance to the regulation can be achieved and how the effects of the
regulation have been assessed. The Prime Ministry Notice no: 2007/6, dated April 2nd 2007
provides Guidelines on Conducting RIA.
The process of improving the RIA studies still continues. The experienced countries like USA,
Canada and UK makes improvements on the methods used in RIA. Risk assessment and inclusion
of effects of regulation on competition and data collection techniques are two of these
improvements. There is not a “one size fits all” model in application of RIA systems. The model to
be used can differ in accordance with the political, cultural and social characteristics of the
relevant country. In this regard, it is recommended to evaluate the system assessed in this report
by bearing the peculiar attributes of Turkey.
13.4. Turkish Electronic Communications Market Quarterly Market Data Report
In line with the technological developments, electronic communications sector witnessed
spectacular developments in recent years. In this environment, monitoring, analyzing and
publishing data on electronic communications sector have critical importance for informing all
related parts including policy makers, academics, operators and end users. Within the context of
Ordinance on Protection of Operators’ Trade Secrets and Publication of Publicly Available
Information published in Official Gazette of 28 May 2009, ICTA prepares Turkish Electronic
Communications Market Quarterly Market Data Report that attracts considerable public attention.
Based on the operators’ data provided to ICTA, Quarterly Market Data Report aims to protect and
enhance competition in the electronic communications markets, increase transparency and
consumer awareness. Report is published on a quarterly basis and consist of five main chapters
including General Market Data, Fixed Market Data, Internet and Broadband Data, Mobile Market
Data and, Infrastructure, Cable and Other Services. Within the context of Report; number of
subscribers, traffic volumes, market shares, infrastructure and financial data of operators are
published and compared with the previous quarters to reflect the current status of the electronic
communications market.
13.5. Bulletin Related with Regulatory Developments in EU Member States
ICTA benefits from other countries’ experiences especially focusing on the regulatory
developments in EU while performing its duties. In this context, published on a monthly basis
Bulletin Related with Regulatory Developments in EU Member States focuses on the regulatory
developments in the electronic communications sectors of EU member states to gain experiences
from other countries. Bulletin is published on ICTA’s website to increase the awareness of sector
and end users on regulations.
118
ICTA is a state organization with a private budget and possesses administrative and financial
autonomy. Financial operations are conducted in accordance with provisions of Public Financial
Management and Control Law No. 5018.
14. Financial Information
Estimated budget of ICTA for 2009 was 1,330 million TL while realized 2009 budget was 1,289
million TL.
Figure 56: Estimated and Realized Budget
Total revenue of the budget equals to 1,289 million TL consisting of 936 million TL from usage
charges, 226 million TL from certificates of approval, 75 million TL from contribution share
for the Authority’s expenditures and 52 million TL from other sources.
Figure 57: Budget Revenues
119
Figure 58: Budget Expenditures
3.57% of the budget expenditures (46 million TL) consist of personnel expenditures, 3.18% (41
million TL) consists of acquisition of goods and services and 10.55% (136 million TL) percentage
consists of capital expenditures. The remaining 82.7% (1,066 million TL) consists of transfers to
Universal Service Fund and the Treasury.
Figure 59: Transfers from Budget
120

Telecommunications Authority Annual Activity Report for

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