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FEBRUARY 15, 2014 SATURDAY

Official newspaper

Issue : 28914

REGULATION
From the Information Technologies and Communications Authority:
INFORMATION TECHNOLOGIES AND COMMUNICATIONS ADMINISTRATION
SANCTIONS REGULATION
FIRST PART
Purpose, Scope, Basis and Definitions
Goal
ARTICLE 1 – (1) The purpose of this Regulation is to impose administrative fines and other sanctions to be imposed by the Institution.
and to regulate the procedures and principles regarding the measures.
Scope
ARTICLE 2 – (1) This Regulation; Telegraph and Telephone Law dated 4/2/1924 and numbered 406, dated 29/6/2001
and the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products, dated 15/1/2004 and
Electronic Signature Law No. 5070, Additional Article 7 of Law No. 2559 dated 4/7/1934, dated 10/3/1983 and
Additional Article 5 of Law No. 2803, Article 6 of Law No. 2937 dated 1/11/1983, dated 4/12/2004 and
Articles 135, 136, 137 and 138 of Law No. 5271 and Internet Environment No. 5651 dated 4/5/2007
Law on Regulation of Publications and Combating Crimes Committed Through These Publications,
Electronic Communications Law No. 5809 dated 5/11/2008, Turkish Commercial Law No. 6102 dated 13/1/2011
and failure to fulfill the obligations in the relevant legislation, including the Institution's regulations, and
It covers the sanctions to be applied in case of violation of the legislation and the procedures and principles regarding their implementation.
Rest
ARTICLE 3 – (1) This Regulation is enacted in 9th, 60th and 61st articles of Law No. 5809 dated 5/11/2008
Articles, Article 12 of Law No. 4703, Article 18 of Law No. 5070 and Article 3 of Law No. 5651,
It has been prepared based on the 4th, 5th, 6th and 8th articles.
Definitions
ARTICLE 4 – (1) In this Regulation;
a) Ministry: The Ministry of Transport, Maritime Affairs and Communications,
b) Previous calendar year: The calendar year preceding the date on which the violation occurred, the date on which the violation occurred.
before the year in which the administrative fine will be applied in cases where the violation cannot be fully determined or the violation continues.
calendar year, if the violation is widespread for years, the calendar year preceding the calendar year in which the violation ended,
c) Gross sales: Received in return for goods or services sold within the framework of the operations of the operator, or
Covering the total accrued values ​and in the income statement “60. The amounts recorded in the “Gross Sales” account,
ç) Administrative sanction: Administrative fines and other sanctions and measures,
d) Relevant legislation: Law, decree law, statute, regulation,
Council of Ministers decision, annexed decisions, communiqué, Board decisions, other regulatory transactions, assignment agreements, privileges
contracts and other authorization documents,
e) Operator: Providing electronic communication services within the framework of authorization and/or electronic communication
The company that provides the network and operates the infrastructure,
f) Board: Information Technologies and Communication Board,
g) Institution: Information Technologies and Communication Institution,
ğ) Net sales: The amount remaining after deducting sales discounts from gross sales,
h) Sales discounts: Returns from sales that must be deducted from gross sales in order to reach net sales revenue,
sales discounts and other discounts,
means.
(2) For the definitions mentioned in this Regulation and not included in the first paragraph, the definition and
abbreviations apply.
SECOND PART
Administrative Fines
Authorization violations
ARTICLE 5 – (1) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fine up to the specified rate is applied:
a) The operator;
1) The electronic communication network and facilities established within the scope of the concession agreement
does not fulfill its obligation to keep it in good, up-to-date and working condition until the end,
2) Failure to fulfill its obligations regarding emergencies and/or emergency call services,
3) To provide services outside the scope of its authorization or to establish and/or operate a network and infrastructure,
Administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year.
is applied.
b) The operator;
1) Authorizing and/or related investments for its network, such as hardware and software.
non-compliance with the obligations in the legislation,
2) Failure to fulfill its obligations to take out “All Risk” insurance,
3) Failure to fulfill its obligations regarding the coverage area,
Administrative fine up to two percent (2%) of the operator's net sales in the previous calendar year.
is applied.
c) The operator;
1) Failure to fulfill its obligations regarding contacts and unknown numbers,
2) Failure to take the necessary precautions for all employees to act in compliance with the legislation and
unable to walk,
3) To fulfill its obligations regarding the transfer of authorization, share transfer or merger or acquisition
not bring,
an administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year.
is applied.
(2) Violation of the relevant legislation on authorization by the operator other than the acts listed in the first paragraph
An administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year is imposed.
Numbering violations
ARTICLE 6 – (1) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fine up to the specified rate is applied.
a) Other than the numbers allocated to the operator within the framework of the numbering regulations,
% of the net sales of the operator in the previous calendar year in case of using numbers from number sources.
Administrative fine up to two (2%) is applied.
b) The operator;
1) Not making the necessary arrangements in their networks within the scope of the national numbering plan,
2) Regarding the changes made in the national numbering plan or the numbers assigned to it
Numbering Regulation published in the Official Gazette dated 27/6/2009 and numbered 27271 and other relevant legislation.
failure to fulfill the specified obligations,
an administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year.
is applied.
c) The operator;
1) To transfer the numbers assigned or authorized to use to another person without the permission of the Authority.
use or transfer,
2) Failure to comply with the regulations in the relevant legislation regarding number groups according to the service type,
3) Confusing the numbers assigned to it with other numbers in the national numbering plan.
use, causing
4) Violation of the obligations determined by the relevant legislation provisions regarding CLI,
an administrative fine up to five per thousand (0.5%) of the net sales of the operator in the previous calendar year.
is applied.
(2) If the Institution deems it necessary; In addition to administrative fines, in the Numbering Regulation and other
It may also apply the provisions regarding the recall of assigned numbers in the relevant legislation.
(3) Except for the acts listed in the first and second paragraphs, the operator violates the relevant legislation regarding numbering.
an administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year.
is applied.
Violations regarding number portability
ARTICLE 7 – (1) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fine up to the specified rate is applied:
a) The operator;
1) Failure to fulfill the request from the receiving operator for number porting while the transmitter is in position.
and/or rejecting it in violation of the Institution's regulations,
2) Without the subscriber's request to port a number, without obtaining the identity information of the subscriber or by taking incomplete
initiating the process,
an administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year.
is applied.
b) The operator;
1) In accordance with the regulations of the Authority regarding number portability, the date and time of the number portability.
failing to notify the parties concerned,
2) Failure to fulfill its obligations regarding tariff transparency for number portability,
3) To withdraw the information obtained during the number porting process, the relevant subscriber's request for number porting.
to use it for the purpose of receiving or postponing,
4) In accordance with the regulations of the Authority regarding number portability, the subscriber's number porting cancellation request
not fulfilling,
5) Failure to comply with the regulations of the Authority regarding the fees to be applied in number portability,
6) Failure to comply with the periods specified in the Authority regulations regarding number portability during the transportation process,
7) Failure to comply with the regulations of the Authority regarding the return of a ported number,
8) Failure to fulfill the call forwarding obligation regarding the ported numbers,
9) Transfer transaction regarding a ported number that is not assigned to it while the recipient is in position
realization,
an administrative fine up to five per thousand (0.5%) of the operator's net sales in the previous calendar year.
is applied.
(2) The operator's violation of the relevant legislation on number portability, except for the acts listed in the first paragraph
An administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year is imposed.
Frequency usage violations
ARTICLE 8 – (1) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fine up to the specified rate is applied:
a) In case the operator uses frequencies other than the frequencies allocated to him, the operator's previous calendar
Administrative fines up to two percent (2%) of the net sales in the year are applied.
b) The operator;
1) The period of work and transactions requested by the Authority regarding issues such as frequency change and cancellation.
not fulfilling in
2) Allowing or transferring the allocated frequencies to another person without the permission of the Authority,
3) Failure to use the frequencies allocated to him in accordance with the purpose of allocation,
4) Violation of its obligations to prevent interference,
an administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year.
is applied.
(2) Violation of the relevant legislation on frequency use by the operator other than the acts listed in the first paragraph
An administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year is imposed.
Violations regarding accrual notifications
ARTICLE 9 – (1) Not making the accrual basis notifications to the Agency in a complete and timely manner, or
to one percent (1%) of the operator's net sales in the previous calendar year in case of misrepresentation
administrative fine is applied.
(2) If the accrual statements are misleading, the operator's net profit in the previous calendar year
Administrative fines up to two percent (2%) of the sales are applied.
Access and interconnection violations
ARTICLE 10 – (1) In the following cases, the previous liability of the liable operator within the framework of the relevant legislation
Administrative fine is applied up to the following rate of net sales in the calendar year:
a) The operator;
1) Obligations to provide access,
2) Obligations to provide interconnection,
3) Obligations to ensure unbundling,
4) Obligations regarding account separation and cost accounting,
5) Its obligations regarding co-location,
6) Its obligations regarding facility sharing,
7) Obligations regarding the choice of carrier,
8) Within the scope of the mediation procedure, the terms, conditions and fees determined by the Authority, including the temporary fee,
non-compliance or its obligations regarding the implementation of such terms, conditions and fees,
9) Obligations regarding reference access offers and transparency,
if the operator does not comply with it or delays it without justified reason, the previous calendar
Administrative fines up to two percent (2%) of the net sales in the year are applied.
b) The operator;
1) To receive a service that they do not request from the operators who request access or interconnection service.
to compel,
2) Violation of the obligation not to discriminate between operators,
3) Access and Interconnection tariffs published in the Official Gazette dated 8/9/2009 and numbered 27343.
Implementation in violation of the provisions of the Regulation,
an administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year.
is applied.
(2) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fines up to the rate of:
a) Violation of the obligations of the operator regarding the confidentiality of the information within the scope of providing access
An administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year is imposed.
b) Submission of the operator's access agreements to the Authority or correction of the provisions contrary to the legislation
or in the event that it does not fulfill its obligations regarding the publicity of the contracts, the net profit in the previous calendar year.
Administrative fines up to five per thousand (0.5%) of sales are imposed.
(3) Except for the acts listed in the first and second paragraphs of the operator, the relevant legislation regarding access and interconnection
an administrative fine of up to three percent (3%) of the operator's net sales in the previous calendar year.
is applied.
Violations of end-user tariffs
ARTICLE 11 – (1) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fine up to the specified rate is applied:
a) The operator;
1) In the process of monitoring and examining the tariffs of the Authority and the scope, duration and conditions of these tariffs, and/or
ensuring that the tariff or the general provisions regarding the tariff are corrected as a result of the tariff,
measures such as the temporary suspension of the implementation of the tariff or the repeal of the tariff.
detecting non-application
2) The application of tariffs in a way to include excessive prices, the price targeting the restriction of competition.
discounts, causing discrimination among consumers for unjustified reasons, and
violations, such as cross-subsidy by supporting the cost of another service with a fee.
to be detected,
An administrative fine up to three percent (3%) of the net sales in the previous calendar year is applied.
b) The operator;
1) Any electronic communication service whose tariffs are subject to notification procedure within the scope of the relevant legislation.
It is determined that the company submitted it without notification or made changes in the applied tariff without notifying the Authority.
to be made,
2) If it is determined that it does not comply with the lower and/or upper limit determined by the Authority for its tariffs,
3) Any tariffs subject to approval within the framework of the cost-based method or the ceiling price method.
it is determined that the electronic communication service is offered with an unapproved tariff,
4) Failure to comply with the provisions regarding the tariffs in the assignment or concession agreements,
An administrative fine up to two percent (2%) of the net sales in the previous calendar year is applied.
c) The operator;
1) Obligations regarding the announcement of tariffs to the public within the scope of the relevant legislation and/or related
If it is determined that he does not comply with the time determined by the institution,
2) Failure to submit the mandatory tariff proposal stipulated in the relevant legislation to the Authority for approval or after it has been approved.
unjustifiably not enforced,
An administrative fine up to one percent (1%) of the net sales in the previous calendar year is applied.
(2) At the stage of announcing or applying the tariffs of the operator to the public, the name of the tariffs
If it is determined that he did not inform the Institution before making the change, the net amount of the previous calendar year
Administrative fines up to five per thousand (0.5%) of sales are imposed.
(3) The operator's violation of the relevant legislation regarding tariffs, except for the acts listed in the first and second paragraphs.
An administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year is imposed.
Violations of consumer rights
ARTICLE 12 – (1) In the following cases, the net sales of the operator in the previous calendar year
Administrative fines up to the rate of:
a) The operator;
1) Inaccurate or misleading information given to consumers,
2) Failure to fulfill its obligations in the relevant legislation regarding correct invoicing,
3) Failure to fulfill its obligations regarding the restriction and suspension of the service,
4) Failure to fulfill its obligations regarding transparency and informing,
5) Failure to fulfill the obligations undertaken within the tariffs/campaigns,
6) Failure to fulfill its obligations regarding the consumer complaints resolution mechanism,
7) Establishment, implementation, termination, modification, review and approval of subscription agreements
fulfill the obligations regarding subscription agreements and other obligations specified in the relevant legislation.
not bring,
8) The subscription agreement and/or the absence of any document proving the identity of the subscriber and/or
violating its obligations in matters such as preservation,
9) Keeping subscription records incomplete or not complying with the relevant legislation regarding open lines,
10) Failure to fulfill its obligations to eliminate consumer grievances,
11) Failure to fulfill the obligation to announce tariff changes to subscribers,
Administrative fine up to two percent (2%) of the operator's net sales in the previous calendar year.
is applied.
b) The operator;
1) The obligation to send invoices, the issues that should be included in the invoices and the provision of detailed invoices.
failure to fulfill its obligations,
2) Failure to fulfill its obligations regarding disabled subscribers,
3) Regarding the change of operator within the scope regulated in the relevant legislation on consumer rights
failure to fulfill its obligations,
4) Failure to fulfill its obligations regarding the safe use of the Internet,
5) Failure to fulfill its obligations regarding value-added electronic communication services,
an administrative fine up to one percent (1%) of the operator's net sales in the previous calendar year.
is applied.
(2) Violation of the relevant legislation on consumer rights by the operator other than the acts listed in the first paragraph
An administrative fine up to three percent (3%) of the operator's net sales in the previous calendar year is imposed.
Violations on the protection of personal data
ARTICLE 13 – (1) In the following cases, the net sales of the operator in the previous calendar year are as follows:
Administrative fine up to the specified rate is applied:
a) The operator;
1) Personal data can only be accessed by authorized persons and that the systems and systems where personal data are kept
does not fulfill its obligation to ensure the security of the applications used to access personal data,
2) In accordance with the relevant legislation, the traffic data of the subscribers/users that are processed and stored are recorded within the stipulated time.
failing to fulfill its obligation to keep or delete,
3) Failure to fulfill its obligations regarding the processing of traffic data and location data,
4) As a minimum, involuntary, unauthorized or illegal; destruction, loss of personal data,
modification, storage or recording in another medium, processing, disclosure and
failure to fulfill its obligations regarding the protection of personal data against access,
5) All access to personal data and other related systems and access made by authorized personnel.
fulfilling the obligation to keep detailed transaction records of the transactions for the period determined in the relevant legislation.
not bring,
6) Violation of other obligations regulated in the relevant legislation regarding the processing and confidentiality of personal data.
to do,
An administrative fine up to three percent (3%) of the net sales in the previous calendar year is applied.
Violation of national security, public order and privacy
ARTICLE 14 – (1) The operator does not act against the confidentiality of communication, national security and public order.
presence, the operator and employees preventing communication, except for the exceptions stipulated by the law, violating their privacy.
to inform and disclose to others, the information requested in cases determined by law,
In the event that it is given to individuals and organizations and its acquisition is prevented, the net profit of the operator in the previous calendar year.
Administrative fines up to three percent (3%) of sales are applied.
(2) In case of violation of national security and public order, Articles 31 and 32 are also applied. 31 and 32
Implementation of a sanction pursuant to Articles 1 does not prevent the application of administrative fines.
(3) The Authority pursuant to the court decision or the relevant legislation for the operator's electronic communication infrastructure,
Unless there is a decision taken by the Ministry of Transport, Maritime Affairs and Communications or other competent authorities,
If the operator intervenes in a way that causes the disruption of electronic communication, the previous
Administrative fine up to three percent (3%) of net sales in the calendar year is applied.
Violation of obligations regarding service quality
ARTICLE 15 – (1) In the following cases, the percentage of the net sales of the operator in the previous calendar year
Administrative fines up to two (2%) are applied:
a) Force majeure circumstances of the obligations of the operator regarding the services to be provided within the framework of the relevant legislation
or without justified reasons accepted by the Board, in accordance with the conditions in the relevant legislation, without interruption.
not fulfillment.
b) Failure of the operator to comply with international standards and/or relevant legislation regarding service quality,
breach of legislation and other obligations.
Competition violations
ARTICLE 16 – (1) Establishment, protection, prevention, distortion or restriction of competition
violating the relevant legislation or detecting anti-competitive practices
In this case, an administrative fine of up to three percent (3%) of its net sales in the previous calendar year is imposed on the operator.
Violation regarding the use of Turkish characters in short message services
ARTICLE 17 – (1) Failure of the operator to comply with the legislation on the use of Turkish characters in short message services
an administrative fine up to five per thousand (0.5%) of its net sales in the previous calendar year.
is applied.
Violation of the design, installation and sharing of antenna facilities
ARTICLE 18 – (1) Regarding the design, installation and sharing of cellular system antenna facilities
If it does not fulfill its obligations, the operator is given one percent of its net sales in the previous calendar year.
An administrative fine of up to (1%) is applied and a period of up to thirty working days is given to fulfill the obligation.
(2) In case the operator fails to fulfill its obligation despite the given time, the antenna in question
The activities of the facility may be suspended until the obligation is fulfilled.
Electronic communications security breach
ARTICLE 19 - (1) The operator's commitment to electronic communication security, including network security.
administrative fee up to one percent (1%) of its net sales in the previous calendar year, in case it does not comply with the relevant legislation.
penalty is applied.
Violation of the publication of interface specifications
ARTICLE 20 – (1) Failure of the operator to comply with the legislation regarding the publication of interface technical specifications
In this case, an administrative fine of up to one percent (1%) of its net sales in the previous calendar year is imposed on the operator.
Violations of registered e-mail service
ARTICLE 21 - (1) Administrative, technical and legal requirements and functioning of the registered e-mail system
not using safe products and systems, not performing the service reliably,
does not have the necessary administrative and technical means and capabilities to ensure that personal data
to act in violation of the rules set for the protection of information and to ensure information security, or by the Authority.
failure to comply with other obligations determined by the relevant legislation, the operation of the registered e-mail system
In case of failure to properly record the data required to be recorded at the stages of
administrative fine up to three percent (3%) of its net sales in the previous calendar year to the postal service provider
is applied.
Violations regarding internet domain names
ARTICLE 22 – (1) Internet domain names of the registrar or dispute resolution service provider
the previous calendar to the registrar or dispute resolution service provider in case of non-compliance with the relevant legislation.
Administrative fines up to three percent (3%) of the net sales in the year.
Failure to provide information and/or documents on time
ARTICLE 23 – (1) All kinds of information and/or documents requested by the Authority, in accordance with the relevant legislation.
In case the information and/or documents required to be submitted are not submitted to the Institution within the prescribed period,
The operator is warned, taking into account the criteria, or three hundred thousandths of the net sales of the operator in the previous calendar year.
(0.003%) administrative fine is applied.
(2) In case the information and/or document in question is not submitted within the time limit despite being requested again, Article 44
three hundred thousandth of the net sales of the operator in the previous calendar year, taking into account the criteria in the article.
Administrative fine up to one percent (1%) not less than twice (0.003%) is applied.
Giving false information and/or documents
ARTICLE 24 – (1) All kinds of information and/or documents requested by the Authority are within the scope of the relevant legislation.
In case the information and/or documents to be given are incorrect, taking into account the criteria in Article 44.
the operator is warned or administrative fee is given to the operator at a rate of two hundred thousand (0.002%) of its net sales in the previous calendar year.
fines are applied.
(2) In the event that incorrect information and/or documents are not completed despite repeated requests, Article 44
two out of one hundred thousand of the net sales of the operator in the previous calendar year, taking into account the criteria in the article.
Administrative fine up to one percent (1%) not less than twice (0.002%) is applied.
Giving incomplete information and/or documents
ARTICLE 25 – (1) All kinds of information and/or documents requested by the Authority are within the scope of the relevant legislation.
In case of incomplete information and/or documents to be given, the criteria in Article 44 are taken into account.
The operator is warned or two-hundred-thousandths (0.002%) of the net sales of the operator in the previous calendar year.
administrative fine is applied.
(2) In case the missing information and/or documents are not completed despite being requested again, Article 44
two out of one hundred thousand of the net sales of the operator in the previous calendar year, taking into account the criteria in the article.
Administrative fine up to one percent (1%) not less than twice (0.002%) is applied.
Giving misleading information and/or documents
ARTICLE 26 – (1) All kinds of information and/or documents requested by the Authority are within the scope of the relevant legislation.
In case the information and/or documents to be provided are misleading, the operator shall be informed of the net profit in the previous calendar year.
Administrative fines up to two percent (2%) of the sales are applied.
Control violations
ARTICLE 27 – (1) In case of violation of the obligations brought under the legislation on supervision
An administrative fine of up to three percent (3%) of the net sales of the previous calendar year is applied to the operator. Also, this
registered e-mail service provider of individuals, organization with measurement authorization certificate, authority to audit
in the case of a company holding a certificate or an organization with a trial permit, given to them by the Authority.
All kinds of permissions such as authorization, license can be revoked.
technical compatibility
ARTICLE 28 – (1) In the cases stated below, the operator is paid from ten thousand Turkish Liras to twenty thousand Turkish Liras per device.
Administrative fine up to TL
a) Providing electronic communication services to lost, illegal or stolen devices.
b) Only real devices whose electronic identity information has been copied while registered in the Mobile Device Registration System
non-compliance with the obligation to make it available for use with matched subscriber numbers.
(2) The illegal devices specified in the first paragraph by the operator are connected to the communication networks.
with the Mobile Device Registration System in the Institution to prevent users from connecting to the Mobile Device Registration Base.
making it work in harmony, ensuring the security and reliability of its technical infrastructure and system, and
Administrative fine up to ten million Turkish Liras to the operator in case of violation of operating obligations without interruption
is applied.
Public security and intelligence agencies
ARTICLE 29 – (1) Public security and intelligence agencies and Telecommunications Communication Presidency
to take measures to enable them to carry out the duties assigned to them by the laws of
as; technical infrastructure in accordance with the relevant legislation, within the period and conditions to be determined by the Authority and all
the period given by the Authority to establish the expenditures at their own expense and to update the updates in this field.
If the operator does not fulfill its obligations to do so within the period, the net profit of the previous calendar year
Administrative fines up to three percent (3%) of sales are applied.
Violations regarding the detection, interception, recording of communication and evaluation of signal information
ARTICLE 30 – (1) In the following cases, the percentage of the net sales of the operator in the previous calendar year
Administrative fines up to three (3%) are applied:
a) For the operator to detect, listen, record the communication and evaluate the signal information.
The law that will enable the fulfillment of the duties assigned to the Telecommunications Communication Presidency
and non-compliance with the obligations imposed by other regulations.
b) Opportunity for the operator to fulfill the duties assigned to the Telecommunications Communication Presidency.

starting its operations without installing the systems that will provide it, not making its systems suitable, including the infrastructure,
necessary measures such as hardware, software, maintenance, repair, technical support to keep the systems in working order.
and changes in hardware, software, infrastructure and network that affect them.
does not make the updates in this field by obtaining the approval of the Telecommunication Communication Presidency.
failure to fulfill.
THIRD PART
Other Sanctions and Measures
violation of national security
ARTICLE 31 – (1) Detection by the competent authorities that there is an operation contrary to national security and
In case of notification, this situation shall be deemed as a serious fault and the authorization of the operator shall be terminated/cancelled.
(2) It is also determined by the competent authorities that the behavior against national security is caused by the employees of the operator.
In case of detection and notification to the Authority, the operator is obliged to terminate the violation and take the necessary measures.
warning is given. In case it is determined by the competent authorities that the contrary behavior continues despite the warning, this situation
it is decided to stop the activity of the operator temporarily, again as a serious fault, or the operator's
authorization is terminated/cancelled.
(3) In the implementation of the provisions of this article, the provisions of article 14 are reserved.
(4) In the terminations to be made pursuant to this article, in accordance with the first paragraph of Article 60 of the Law No. 5809.
In cases where the opinion of the Ministry is required, the opinion of the Ministry is taken.
Violation of public order
ARTICLE 32 – (1) The operator and its employees must ensure that the communication is not blocked or that the communication is confidential or
Acting against the principles of constitutional fundamental rights and freedoms and public order, such as not touching its content.
cannot be found. The operator is obliged to take the necessary measures in this context. In acts contrary to public order, the following
sanctions apply:
a) In case of detection of violation of the obligations specified in this article by the operator or its employees
The operator is notified in writing that the violation is terminated and necessary measures are taken. by the board
If it is decided that the violation constitutes gross negligence, the operation of the operator is suspended temporarily or
it is decided to terminate/cancel the authorization of the operator.
b) Against public officials due to their official duties by the operator and employees of the violation in paragraph (a).
If it is determined by the courts that it has been processed, the authorization of the operator is terminated/cancelled.
c) In case it is determined by the Authority or the competent authorities that the public order has been violated by the operator,
The operator is immediately notified in writing that the violation is terminated and necessary measures are taken. Board
If it is decided that the violation constitutes gross negligence, the authorization of the operator is terminated/cancelled.
(2) In the implementation of the provisions of this article, the provisions of article 14 are reserved.
(3) In the terminations to be made pursuant to this article, in accordance with the first paragraph of Article 60 of the Law No. 5809.
In cases where the opinion of the Ministry is required, the opinion of the Ministry is taken.
Improper performance of public service
ARTICLE 33 – (1) In case the public service is not carried out as required by the relevant legislation, an administrative fine is imposed.
Without prejudice to the relevant provisions, the operator must first ensure that the public service is properly carried out and that the necessary measures are taken.
prompted to receive. The continuation of the violation and the failure to carry out the public service properly within the framework of the relevant legislation.
If it is determined by the Board that it has created a serious fault, the authorization of the operator is terminated/cancelled. This item
In the terminations to be made as required, obtaining the opinion of the Ministry in accordance with the first paragraph of Article 60 of the Law No. 5809.
When necessary, the opinion of the Ministry is taken.
War, mobilization and state of emergency
ARTICLE 34 – (1) The institution is responsible for public security and national defense in war, general mobilization and similar situations.
activities of the operator for a limited or unlimited period of time, if requested by the competent authorities.
suspend all or part of it and directly operate the network, national security and public order.
may take back some of the resources allocated to the operator due to its necessities. In this case, the elapsed time
is added to the authorization period and the income obtained during this period belongs to the operator.
(2) In such cases, the regulation made by the Institution regarding these issues and the
Failure to comply with the decisions by the operator shall be deemed a serious fault and the authorization of the operator shall be terminated/cancelled.
(3) In the terminations to be made pursuant to the second paragraph, in accordance with the first paragraph of Article 60 of the Law No. 5809.
In cases where the opinion of the Ministry is required, the opinion of the Ministry is taken.
Not being reauthorized
ARTICLE 35 – (1) National security, violation of public order, prevention of communication and confidentiality
with companies whose authorization has been terminated/cancelled due to interference with the public service, not performing the public service properly
Shareholders who own at least five percent (5%) of the said company's shares, members of the board of directors and the legal entity submit to the administration.
Companies established by authorized persons are not re-authorized.
(2) Companies whose authorization has been terminated/cancelled due to debt to the Institution and failure to pay the treasury share
with at least ten percent (10%) of the said company's shares, the members of the board of directors and its legal entity
Companies established by persons authorized to the administration shall not be re-authorized regarding the terminated/cancelled authorization.
(3) Companies that owe to the Institution and do not pay their treasury share, if they pay these fees,
If there is no other reason preventing their authorization, they can be re-authorized.
Violation of obligations regarding electronic communication facilities
ARTICLE 36 – (1) In case of violation of the relevant legislation regarding electronic communication facilities, fixed electronic
The activity of the communication device is suspended by the Authority until the appropriate conditions are met.
(2) The notifications regarding electronic communication facilities within the framework of the procedures and principles determined by the Authority.
failure to do so, or the installation or start of assembly without obtaining a safety certificate, or unauthorized revision
as a result of measurements to be made by the Institution or the institutions authorized by the Institution.
If the electromagnetic field strength determined by the
In case of violation of the provisions of the regulation, a license shall be issued to the owner separately for each device.
An administrative fine of fifty times the wage is applied.
(3) In accordance with the relevant legislation, all kinds of information and documents requested by the Authority despite being requested again.
In the event that the information or documents required to be given are not given in full and in full, the Measurement Authority
The Measurement Authorization Certificate of the Certified Institution is revoked. Incorrect and misleading information given by the Measurement Authority Certificated Institution
In this case, the Measurement Authorization Certificate is canceled directly.
CHAPTER FOUR
Common Terms
The operator has just started operating
ARTICLE 37 – (1) It is foreseen by the Authority to impose administrative sanctions within the scope of this Regulation.
If the operator has just started to operate, taking into account the provisions of Article 44,
An administrative fine of up to one million Turkish Liras is applied.
(2) In cases specified in the first paragraph, other administrative sanctions specified in the relevant legislation are reserved.
Implementation of concrete measures
ARTICLE 38 – (1) In case of detection of violations specified in this Regulation,
In addition to sanctions, the Board may decide to implement concrete measures depending on the nature of the violation.
Payment and finalization
ARTICLE 39 – (1) Administrative fines imposed in accordance with this Regulation shall be imposed within thirty days from the date of notification.
It is paid into corporate accounts. Administrative fines not paid within this period, the relevant tax upon notification of the Institution.
It is collected in accordance with the provisions of the Law No. 6183 on the Collection Procedure of Public Receivables.
(2) All of the collected administrative fines are transferred to the Institution accounts.
(3) If the administrative fine is paid in full within thirty days following the notification, the administrative fine
¼ of the discount is made.
(4) Within thirty days from the notification of the administrative fine to the Institution, one of the fines shall be paid in advance.
Payment can be made in four equal installments. If the person wishes to pay his debt in installments,
Provided that the first installment of the administrative fine is paid in advance, four equal installments within a year and in the following months
The payment shall be made by the Chairman of the Board. If the installments are not paid on time and in full,
The remainder of the administrative fine shall be collected in full.
(5) The condition of finalization is not sought in the collection of administrative fines imposed by the Institution.
(6) Collection of administrative fines applied within the framework of the first paragraph of Article 106 of Law No. 6183
The Authority may decide to cancel it without waiting for the statute of limitations.
Increasing administrative fines
ARTICLE 40 – (1) Within the scope of Law No. 5070, Law No. 4703, Law No. 5651 and related legislation
Administrative fines to be applied by the Institution within the framework of the principles determined in the Misdemeanor Law No. 5326
is applied incrementally.
Assembly
ARTICLE 41 - (1) In case of violation of more than one obligation by an act, only administrative money is paid for these violations.
If a penalty is foreseen, the heaviest administrative fine is imposed. Administrative fines in the relevant legislation regarding these violations.
If other administrative sanctions are envisaged, each of these sanctions is also applied.
(2) If the same violation is committed more than once, an administrative fine is imposed separately for each violation.
In violations that can be committed with an uninterrupted act, these violations are considered a single act until an administrative sanction decision is made.
Implementation of administrative sanctions
ARTICLE 42 – (1) The income or damage caused by the operator as a result of the violation is specified in this Regulation.
If it is higher than the upper limit determined for the violation, the administrative fine to be applied in accordance with the provisions of Article 44
up to three percent (3%) of the operator's net sales in the previous calendar year.
(2) Implementation of the administrative sanctions in this Regulation is in line with the obligations regulated in the relevant legislation.
does not prevent its implementation.
Recurrence
ARTICLE 43 – (1) Violation of the same obligation within three years by an operator who has been imposed an administrative fine.
in case of violation, without prejudice to Articles 23, 24 and 25,
Administrative fine can be increased up to three percent (3%) of the net sales of the operator in the previous calendar year.
Sanction criteria
ARTICLE 44 – (1) In determining the penalties in this Regulation, as an aggravating or mitigating factor
The following factors are taken into account.
a) Presence of damage,
b) Existence of unfair economic gain,
c) Presence of recurrence,
ç) Administrative sanctions imposed on the operator in the last five years regarding the violation of the same article,
d) Presence of goodwill.
Authority
ARTICLE 45 - (1) To implement the administrative sanctions to be applied within the scope of Law No. 5651
Telecommunication Communications Head, Institution Region to implement the administrative sanctions specified in Articles 18 and 36.
Except for the violations that arise regarding the information and/or documents requested within the scope of the audit,
The first paragraph of Article 23, the first paragraph of Article 24 and the first paragraph of Article 25
The Chairman of the Board to impose administrative sanctions, and the Board to implement other administrative fines and sanctions.
is authorized.
(2) The Board may assign a part of this authority to the Institution by determining its framework.
Warning
ARTICLE 46 – (1) For violations occurring within the scope of this Regulation, Article 44 of this Regulation
Considering the issues in the article 23, 24, 25, 31 and 33 are reserved.
provided that the administrative sanction is applied, within the scope of the same article of this Regulation, the operator Board
can be warned only once.
(2) The recurrence time is taken into account when warning. In case of the expiry of the repetitive period, the same article
warning may be given again.
CHAPTER FIVE
Miscellaneous and Final Provisions
Cases where there is no provision
ARTICLE 47 – (1) In cases where there is no provision in this Regulation regarding violations of the relevant legislation, the Board
Administrative sanctions are taken within the framework of the general provisions of this Regulation.
Citations
ARTICLE 48 – (1) The Telecommunication Authority, which was abolished with Article 49 in the relevant legislation
Regulation on Administrative Fines and Other Sanctions and Measures to be Applied to Operators by
References made to Article 21 of the Access and Interconnection Regulation titled Sanctions,
Article 16 of the Tariff Regulation, titled Sanctions, published in the Official Gazette dated 12/11/2009 and numbered 27404
References to the article and Electronic Communications published in the Official Gazette dated 21/4/2011 and numbered 27912
Exposure Limit of Electromagnetic Field Intensity Caused by Devices According to International Standards
Article 23 of the Regulation on Determination, Control and Inspection of Values, titled Administrative Sanctions
References made to this Regulation are deemed to be made.
Repealed regulation
ARTICLE 49 – (1) Telecommunication Authority published in the Official Gazette dated 5/9/2004 and numbered 25574
Regulation on Administrative Fines and Other Sanctions and Measures to be Applied to Operators by
has been repealed.
Force
ARTICLE 50 – (1) This Regulation enters into force on the date of its publication.
Executive
ARTICLE 51 – (1) The provisions of this Regulation are executed by the Chairman of the Information Technologies and Communication Board.

