AzTelecom, has participation in the two new mobile operators. Azercell, Bakcell, and
Azerphone provide WAP and GRPS services. Mobile providers also use Delta Telecom’s
external channel for Internet. 16
Legal and Regulatory Frameworks
Even though Azerbaijan made telecommunications and Internet national development
priorities, the telecom regulatory framework remains insufficiently developed. The
MCIT acts as both regulator and operator. In 2008, the MCIT moved to separate the
two functions but has not yet completed this process. Some telecommunications services must be licensed, 17 including VoIP. 18
The major public telecom operators are the government-owned AzTelecom, Azeronline, IntraNS, Adanet, and AzEuroTel (50 percent owned by the MCIT and 50 percent
by a British company). Around half of the telephone lines in Azerbaijan are analog,
and more than 85 percent of the main lines are in urban areas. The MCIT has adopted
a program for development of telecommunications aimed at modernizing the telecommunications infrastructure.
Under foreign pressure, the government has taken steps to liberalize the ISP market.
Compulsory state licensing for ISPs was eliminated in 2002, 19 although the MCIT has
continued to ignore this provision on isolated occasions. The MCIT continues to hold
about a 50 percent share in a few of the leading ISPs in Azerbaijan. Azerbaijan applied
for World Trade Organization (WTO) membership in 1997, and even though some
progress in liberalization of services was made, the country still remains on the accession agenda. It has been suggested that there is not enough political will to join the
WTO, mainly because local businesses fear the loss of their advantageous position in
the internal market.
From a regulatory perspective, the Internet is treated as mass media 20 and included
on the list of telecommunications services regulated by the 2005 Law on Telecommunications. Azerbaijani law does not provide for mandatory filtering or monitoring of
Internet content. However, as Web sites that criticize governmental policies have
emerged, the government has considered introducing a law that will impose restrictions on Web sites with obscene or antinational content, thereby strengthening
already existing defamation laws. Content filtering is practiced by AZNET, the education and research ISP, but is regulated by an accepted usage policy and is restricted to
filtering out pornographic content. Anecdotal accounts claim that filtering of specific
Web sites occurs, which is seemingly the result of informal requests to ISP managers
by state officials from the Ministry of National Security, MCIT, or the presidency. These
instances have been infrequent, and the resulting public outcry has led to the swift
unblocking of affected sites.
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