The Information and Communications Technologies Authority recently published three amendment Regulations and Communiqués, collectively amending the regulatory structure in Turkey to be more compatible with the European Union acquis. Amendments relate to number portability, as well as service levels for internet service providers and fixed line providers. The amendments improve quality standards for subscribers, contributing to establishing a more competitive market in Turkey.
The Amendment Regulation on Number Portability was published in Official Gazette number 29546 on 28 November 2015 ("Amendment Regulation"). Significant amendments under the Amendment Regulation include:
- To accelerate the porting process, the maximum time for transmitting and checking transfer requests is decreased to one day (previously two days).
- As far as possible, the actual porting time will take into account the subscriber's preference. The actual porting will be conducted when service interruption for the subscriber is minimized. The recipient operator announces the porting time to the subscriber and to all relevant operators at least one day before the determined time.
- The former operator cannot claim any payment from the subscriber if it fails to deactivate the subscription, despite the actual porting occurring. This applies even if the former operator continues to provide services during this period.
- Previously, if the number holder's first subscription agreement was concluded within the last three months, the operator should reject the number porting request. The Amendment Regulation removes this requirement for all fixed numbers.
- Operators must provide a distinctive tone to the calling subscriber as a measure for tariff transparency. This distinctive tone must be provided to all subscribers who are called from mobile, geographical or non-geographical number. Calling subscribers who transfer their mobile numbers to a different operator can choose not to receive the distinctive tone.
The Amendment Communique on Quality Of Internet Service Providers Service Levels ("ISP Amendment Communiqué") and Amendment Communique on Fixed Line Service Levels ("Fixed Line Amendment Communiqué") were both published in Official Gazette number 29548 on 30 November 2015. Significant amendments include:
- "Disabled subscriber" is defined and troubleshooting time is separately determined for disabled subscribers.
- Internet speed profile is defined (Article 4 of the ISP Amendment Communiqué) and internet providers are required to regularly measure this profile.
- Trouble shooting time is defined, along with rules for calculating trouble shooting time. Therefore, new standards for service providers are introduced.
Please see the following links for the full texts (only available in Turkish):
– Fixed Line Amendment Communiqué
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.