Turkey: Communiqué Amending Internet Domain Names Communiqué Has Been Published!

The Internet Domain Names Communiqué ("Communiqué"), governing the procedures and guidelines for the selection and operation of Domain Registrars (DRs) and the use of ".tr" internet domain names (IDNs) under the Internet Domain Names Regulation ("IDN Regulation"), was published in the Official Gazette on 21 August 2013 and is numbered 28742. The Communiqué Amending the Internet Domain Names Communiqué ("Communiqué Amending the Communiqué"), which envisages some changes in the content of the Communiqué, entered into force after being published in the Official Gazette on 10 June 2023 and is numbered 32217.
What's new?

After the announcement on 19 August 2022 by the Information Technologies and Communication Authority (ITCA), the ".tr" Network Information System (TRABIS) started its activities as of 14 September 2022. On this occasion, within the scope of the IDN Regulation, the articles whose enforcement were postponed until TRABIS became operational entered into force, and a new era began in terms of allocation, management and operation of IDNs. The responsibilities and authority of DRs, which play a very important role in the allocation, management, operation of IDNs and the execution of these processes, have undergone significant changes with the Communiqué Amending the Communiqué. Consequently, the Communiqué Amending the Communiqué constitutes radical changes, especially in the lifecycle of IDNs, responsibilities and authority of DRs, launching a new level of IDN and the storage of IDNs. The Communiqué Amending the Communiqué is available here (in Turkish).

What changes are made in the Communiqué Amending the Communiqué?

Changes brought in terms of responsibilities, authority and functions of DRs:

• Pursuant to the amendment envisaged in the first paragraph of Article 5 of the Communiqué, which stipulates the procedures and principles regarding the application to operate as a DR, the security fee that the DR will pay has been increased. Additionally, the security fee will be increased every year according to the revaluation rate to be determined by the Ministry of Treasury and Finance compared to the previous year.
• In terms of the rules regarding the technical infrastructure of the DRs stipulated in Article 8 of the Communiqué, it is envisaged that the DR will use a different IP address from the IP addresses that connects it to the test system.
• Article 12 of the Communiqué, which stipulates that the DRs may conduct transactions regarding IDNs with third-party resellers, has also been amended. Consequently, the DRs should request certain information regarding the reseller, and in case of any change in this information, these changes should be notified to the ITCA within 10 business days.
• At the same time, the second paragraph of Article 15 of the Communiqué has been amended in terms of systematic errors and defects in the records that may occur during the allocation of an IDN. It is stipulated that the ITCA may decide to correct these records if reported by the DR or detected by ITCA ex officio.

Changes brought in terms of application, allocation and operation of IDNs:

• Amendments have been made to Article 14 of the Communiqué, which governs the IDNs' application guidelines and procedures. The acceptance, declaration and undertakings that the DRs must collect from IDN applicants with the electronic application form have been expanded in accordance with the pertinent revisions. Accordingly, if an alternative dispute resolution process regarding an IDN is initiated, the applicant will participate in this process and the name, surname and email information notified to the DR will be shared with the relevant Dispute Resolution Service Provider (tr: UÇHS) or the complainant.
• The title of Article 22 of the Communiqué has been changed from "Sale, assignment and waiver" to "Sale and assignment" Accordingly, the regulations in the fifth paragraph that stated that after an IDN was waived, its use was to be suspended for two months, and that upon application by the registrant, the IDN allocation process was to be renewed within this time frame and if not, the IDN was to be reassigned, have been repealed.
• Article 27 on the initial allocation of IDNs with the "a.tr" structure, which is included under the regulations on the launch of new level IDNs, has been radically amended. Accordingly, the following is applicable:
  • The first paragraph stipulates that before the initial allocation of IDNs in the "a.tr" structure, a free-of-charge allocation will be made to the IDNs listed in the relevant subparagraphs. With the amendment, IDNs with the structure "a.org.tr" are now excluded from the scope of IDNs to be allocated free of charge. Therefore, the second paragraph of the same article regarding the process to be followed in the "a.org.tr" application has been repealed.
  • In addition, the regulations stipulating that routed IDNs cannot be sold or assigned, and that an auction will be held after giving priority to trademark owners have been repealed.
  • Pursuant to the wording changes made in the fifth paragraph, the relevant provision is now as follows: "After the allocation made according to the provision of the first paragraph, the extension-based domain name ownership priority provision shall be applied," while the seventh paragraph is now as follows: "After the allocations made according to the extension-based domain name ownership priority provision, the first-come-first-served rule is applied to the eligible IDNs".
• In parallel with the transition to the principle of allocation without ownership proof as a rule in terms of IDNs, Article 28 of the Communiqué was also amended. Before the amendment, Article 28 stated that in the case of allocation without ownership proof to new second-level domain names in the structure of "a.yeni.tr", the "trademark owners" priority provision would be applied first. Accordingly, the phrase "trademark owners" is changed to "extension-based domain name ownership." In parallel, the title of Article 29, which was "Priority of trademark owners," has been amended as "Priority of extension-based domain name ownership." In addition, the statement in the first paragraph of the same article, which states that trademark owners will be given priority before the auction, has been amended to "the owners of IDNs registered on the date specified in the procedures and principles set forth in this paragraph."
• The provisions on auction under Article 30 of the Communiqué have been repealed.
• Article 31 of the Communiqué has also been amended. In the regulation on IDN storage, the phrase "by using the automated means of its electronic connection to TRABIS" has been removed and thus the second sentence of the first paragraph of the Article has been revised as: "DR cannot store IDNs by applying for and/or allocating IDN on behalf of itself and/or its employees for sale, assignment or similar purposes." The second sentence of the second paragraph, which stipulates the sanction to be imposed if IDN storage is detected, has been amended. Accordingly, in this case, administrative sanctions will be imposed, including the termination of the DR's activity.

CONCLUSION

The Communiqué Amending the Communiqué introduces fundamental changes regarding the procedures and principles on the identification and operation of DRs and the lifecycle of ".tr" internet domain names envisaged under the IDN Regulation. The Communiqué Amending the Communiqué sets forth radical amendments on the duties of the DRs, which are responsible for the allocation, management, operation of IDNs, as well as the life cycle of IDNs, the launching of new level IDNs and IDNs storage.