The procedures and principles for the authorization of companies that want to provide electronic communication services and/or establish and operate an electronic communication network or infrastructure are regulated by the “Authorization Regulation on the Electronic Communication Sector”.
According to the regulation; Considering the strategies and policies of the Ministry of Transport and Infrastructure, after the authorization to be made by the Information Technologies and Communication Authority (“Authority“), it is possible for the relevant companies to provide electronic communication services or to establish and operate a network or infrastructure service for these communication services. Companies may provide electronic communication services within the scope of their authorization and/or establish and operate an electronic communication network or infrastructure.
Certain conditions are sought in companies that apply to the Authority for authorization. Some of these conditions are as follows;
- The companies must have been established as a joint-stock company or limited company in order to carry out activities such as device sales, installation, maintenance-repair and consultancy that are necessary or relevant when performing only the activities subject to authorization or the service subject to authorization, according to the laws of the Republic of Turkey.
- The articles of activity in the Trade Registry Gazette where companies are registered and announced must include the statement “providing electronic communication service/telecommunication service and/or establishing and operating a network or infrastructure” or the electronic communication activity that they request to be authorized.
- Natural person shareholders who own at least ten percent of the company’s shares should not be convicted of crimes in the field of informatics enumerated in the Turkish Penal Code No. 5237. In addition, They should not be convicted of crimes against the privacy of private life, simple and qualified embezzlement, extortion, bribery, theft, fraud, forgery, abuse of office, abuse of faith, fraudulent bankruptcy and concordat, smuggling crimes, misappropriation of official tenders and purchases, money laundering, tax evasion or participation in tax evasion.
Companies wishing to provide electronic communication services or establish and operate a network of infrastructure and meet the necessary conditions must notify the Authority by filling out the notification form determined by the Authority before starting their activities. This notification is made in writing or electronically with a secure electronic signature. The company, whose deficiencies or nonconformities are detected in the notification application form entered in the Authority’s records, is notified within sixty days at the latest after the notification application form is entered into the Agency’s records to correct the said deficiencies or nonconformities. In the light of the latest regulations in the Regulation, it is clearly stated that the company will be liable for any damage that may arise if the application to be made does not comply with the relevant legislation.
Companies; It has the right to provide electronic communication services in accordance with the regulations of the Authority and the conditions stipulated in the relevant legislation. The companies are obliged to provide the information, documents, and data requested by the Authority within the scope of authorization or to be sent regularly within the period requested by the Authority, accurately and completely.
Companies can make a written request to the Authority for the cancellation of the authorization by declaring that they do not currently operate an electronic communication infrastructure in order to cancel their authorization, that they do not have any subscribers, or that they have disconnected from their subscribers and that they have provided service to their subscribers in the past. The Authority, if deemed appropriate, may cancel the authorization in question.
In case of cancellation of the authorization due to the failure of the operator to comply with any legislation, the Authority may grant a maximum of three months from the date of establishment of the cancellation transaction and postpone the cancellation date in order to prevent the unjust treatment of the existing subscribers. Companies are obliged to comply with the measures taken by the Authority to eliminate subscriber grievances. In addition, the relevant authorizations of the operators whose broadcasting transmission authorization has been revoked by the Radio and Television Supreme Council may be revoked by the Authority.