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
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.;o>
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 AmendmentCommuniqué") were both published in
Official Gazette number 29548 on 30 November 2015. Significant
"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):
The High Court held, in The Software Incubator v Computer Associates, that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations 1993.
Hotel proprietors are strictly liable, without proof of negligence, for the loss of property brought to the hotel by their guests, unless they can show that the loss resulted from the guest's own negligence.
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