trative system and are therefore state agencies, they are organized in a manner that permits a certain level of independence from the executive body (i.e., they do not operate
under the traditional administrative hierarchy; their decisions and acts are not subject
to the approval or permission of the central administration, nor can their decisions or
acts be revoked or amended by the central administration). However, certain legal provisions imply that the central administration, and in particular the government, still
maintains considerable control over the Telecommunications Authority. Most notably,
pursuant to Article 8 of Law No. 2813, members of the Telecommunications Board (the
highest decision-making body of the TA) are appointed by the Council of Ministers.
Even the amendments to the law discussed in the following paragraphs do not succeed
in safeguarding the independence of the TA from political interference.
The Authorization Regulation of the Telecommunications Services and Infrastructures of 2004 envisions a permissive regime to the ISPs for entering the local market.
Providers are required to apply for and obtain a general authorization from the Telecommunications Authority to provide telecommunications services. Internet Law No.
5651, established in 2007, expands the group of regulated providers to include all access and hosting providers.
The Telecommunications Authority Regulation of October 24, 2007, specifies the
prerequisites that hosting and access providers need to comply with when applying
for an issuance, transfer, renewal, or cancellation of licenses and imposes a number of
responsibilities on providers. One of these charges both the access and hosting providers with the duty to remove illegal content from their system upon notification
from the Communications Presidency, to the extent that it is technically possible.
However, the regulation reaffirms the principle laid out in the Law No. 5651 that neither the access providers nor the hosting providers are under an obligation to ensure
the legality of the content they provide.
The licenses granted to hosting providers are valid for five years and are renewable.
The licenses issued to access providers are valid for the period during which the relevant provider has been authorized by the Telecommunications Authority to provide
telecommunications services.
Legal Framework
Turkey’s aspiration to join the EU has been a major influence in driving reform and
liberalizing its telecommunications sector. 20 As a candidate to the EU, Turkey is under
an obligation to align its national legislation with that of the EU in all 31 areas of the
acquis communautaire, which includes telecommunications and IT. The EU’s telecommunications policies call for liberalization of the sector with a view to making the EU
one of the most competitive and dynamic knowledge-based economies by 2010. 21
In recent years, Turkey has taken substantial steps to reform its telecommunications
laws. In this regard, the adoption of Law No. 4502 in 2000, which provides a legal
Turkey
345
under the traditional administrative hierarchy; their decisions and acts are not subject
to the approval or permission of the central administration, nor can their decisions or
acts be revoked or amended by the central administration). However, certain legal provisions imply that the central administration, and in particular the government, still
maintains considerable control over the Telecommunications Authority. Most notably,
pursuant to Article 8 of Law No. 2813, members of the Telecommunications Board (the
highest decision-making body of the TA) are appointed by the Council of Ministers.
Even the amendments to the law discussed in the following paragraphs do not succeed
in safeguarding the independence of the TA from political interference.
The Authorization Regulation of the Telecommunications Services and Infrastructures of 2004 envisions a permissive regime to the ISPs for entering the local market.
Providers are required to apply for and obtain a general authorization from the Telecommunications Authority to provide telecommunications services. Internet Law No.
5651, established in 2007, expands the group of regulated providers to include all access and hosting providers.
The Telecommunications Authority Regulation of October 24, 2007, specifies the
prerequisites that hosting and access providers need to comply with when applying
for an issuance, transfer, renewal, or cancellation of licenses and imposes a number of
responsibilities on providers. One of these charges both the access and hosting providers with the duty to remove illegal content from their system upon notification
from the Communications Presidency, to the extent that it is technically possible.
However, the regulation reaffirms the principle laid out in the Law No. 5651 that neither the access providers nor the hosting providers are under an obligation to ensure
the legality of the content they provide.
The licenses granted to hosting providers are valid for five years and are renewable.
The licenses issued to access providers are valid for the period during which the relevant provider has been authorized by the Telecommunications Authority to provide
telecommunications services.
Legal Framework
Turkey’s aspiration to join the EU has been a major influence in driving reform and
liberalizing its telecommunications sector. 20 As a candidate to the EU, Turkey is under
an obligation to align its national legislation with that of the EU in all 31 areas of the
acquis communautaire, which includes telecommunications and IT. The EU’s telecommunications policies call for liberalization of the sector with a view to making the EU
one of the most competitive and dynamic knowledge-based economies by 2010. 21
In recent years, Turkey has taken substantial steps to reform its telecommunications
laws. In this regard, the adoption of Law No. 4502 in 2000, which provides a legal
Turkey
345