ARTICLE 3 (1) In the implementation of this Regulation, the following terms shall refer to the corresponding meanings:

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1 REGULATION ON THE PROCEDURES AND PRINCIPLES FOR GRANTING OPERATING CERTIFICATE TO ACCESS PROVIDERS AND HOSTING PROVIDERS BY THE TELECOMMUNICATION AUTHORITY CHAPTER ONE Purpose and Scope, Basis and Definitions Purpose and Scope ARTICLE 1 (1) The purpose of this Regulation shall be to regulate the procedures and principles for granting operating certificate to access providers and hosting providers by the Telecommunication Authority. Basis ARTICLE 2 (1) This Regulation has been prepared based on the sub paragraph (ç) of the fourth paragraph of Article 10 and second paragraph and first Provisional article of Article 11 of the Law numbered 5651 and dated 4/5/2007 on Regulation of Publications on the Internet and the Combating the Crimes Committed by means of Such Publications,. Definitions ARTICLE 3 (1) In the implementation of this Regulation, the following terms shall refer to the corresponding meanings: a) Subscriber: Real or legal entities who receive the service of connecting to the internet from access providers based on an agreement, b) Presidency: Communication Presidency, c) Information: The form of the data with acquired meaning, 1/13

2 d) File Integrity Value: The value which indicates the essence of the file obtained as a result of a mathematical processing of all the data in a computer file and used to check if there has been any modification to the data in the file, e) Access: To obtain the possibility of use by connecting to the Internet through any means, f) Access provider: The access provider defined in Article 2 of the Law numbered 5651, g) Traffic information of access provider: Information such as the name, identity, name and surname, address, telephone number of the subscriber and his/her date and time of connecting to the system, date and time of disconnecting from the system, the IP address granted for the related connection and the connection points regarding all kinds of access realized on the Internet, h) Operating Certificate: The certificate which covers the authorization within the scope of the Law numbered 5651 and is given by the Authority in order to operate as access providers or hosting providers, i) General Permission: The general regulatory operation which grants authorization to the operators on condition that they are subject to certain general conditions and registration before the Authority in order to carry out a telecommunications service, j) IP Address: The address which is given according to the Internet Protocol standards and which is used by the computers connected to a certain network in order to know, communicate with and send data to each other, k) Content Provider: Real or legal entities producing, modifying and providing all kinds of information or data provided to the users on the internet, l) Concession Agreements: The agreement signed by and between the Authority and the operator in order that the telecommunications services specified in the mentioned concession agreement can be performed and/or the infrastructure can be operated, 2/13

3 m) Internet medium: The environment which is created on the internet which is made available to the public and that are those other than the communication systems as well as private or corporate computer systems, n) Operator: A corporation which performs telecommunication services and/or operates telecommunication infrastructure in accordance with a service contract signed with the Authority, concession agreement and/or a telecommunication license obtained from the Authority or a registration made within the scope of general permission, o) Monitoring: Follow-up of the information and data without influencing the data on the internet, p) User: Real or legal entities who using the internet regardless of whether they have subscriptions or not, q) Authority: Telecommunications Authority, r) Board: Telecommunication Board, s) Static IP Address: The IP address which is used by the computers connected to a certain network in order to know, communicate with and send data to each other; which does not change by time, logins and which can be identified and changed by the system administrator, t) Commercial internet public use providers: Real or legal entities who provide the service as an internet public use provider upon a certain payment in internet cafes and similar places open to public or who at the same time provide the opportunity for playing games on the computers which improve skills and develop mind, u) Telecommunications license: The license granted by the Authority in order that the telecommunication services stipulated in the concerned telecommunications license can be carried out and/or the infrastructure thereof can be operated, v) Data: All kinds of values which can be processed by computers, 3/13

4 w) Hosting provider: Real or legal entities providing and operating the systems hosting the services and contents on the internet, x) Hosting provider traffic information: Information such as source IP address, target IP address, connection date and time, the address of the web page requested, process information (GET, POST command details) and result information in connection with all kinds of hosting on the internet y) Authorization: License granted by the Authority to the equity corporations for the execution of the telecommunications service and/or construction and operation of the infrastructure or granting such licenses via a general permission. (2) For the definitions specified in this Regulation hereby and not explained above, the definitions in the relevant legislation shall apply. CHAPTER TWO Operating Certificate Operating Certificate ARTICLE 4 (1) The equity corporations who wish to operate as access providers within the boundaries of the Republic of Turkey and real or legal persons who wish to operate as hosting providers shall be liable to obtain the operating certificate which will be issued by the Authority. (2) The operating certificate shall be issued in two forms, one being the operating certificate for the access providers and the other being operating certificate for hosting providers. (3) Internet access service provided for those who operate the activities of hosting providers within the boundaries of Republic of Turkey without obtaining operating certificate for hosting shall be terminated by the access provider upon the decision of the Presidency. Duration of the Operating Certificate 4/13

5 ARTICLE 5 (1) Operating certificate for access providers shall be valid for the duration of time the access provider is authorized by the Authority to provide telecommunication services. (2) Operating certificate for access providers shall be valid for five years following the date of its issuance. Separation of the application and operating certificates ARTICLE 6 (1) Equity corporations which wish to operate as access providers and real or legal entities who wish to operate as hosting providers shall submit their applications separately and obtain operating certificate. Announcement of access and hosting providers ARTICLE 7 (1) The Authority shall announce the updated list of access and hosting providers on its web-site. CHAPTER THREE Procedures and Principles for Granting Operating Certificate Conditions to be met by the applicant ARTICLE 8 (1) The partners holding at least five per cent (5%) of the shares of the legal entities owning the equity corporation who will submit an application for obtaining an operating certificate as access providers and the persons who are authorized to manage and represent the legal entity must not have been sentenced to a penalty restricting his/her freedom due to crimes stipulated in Anti-Terror Law numbered 3713 and dated 12/4/1991 and crimes which are committed against the Nation and the State as provided for in the Turkish Penal Code numbered 5237 and dated 26/9/ /13

6 (2) Foreign real or legal entities who will submit an application for obtaining an operation certificate as access providers shall submit their applications via an authorized person who is a citizen of Republic of Turkey. Application procedure for operating certificate ARTICLE 9 (1) The applicant who wishes to operate as an access provider shall send the letter of application indicated in Annex 3 and the application form in indicated in Annex 4, which he will attach to this letter, electronically by filling in it via the web site of the Authority in order to also obtain an operating certificate as access providers while submitting an application for the authorization related to the telecommunication service. The Applicant shall be liable to deliver the abovementioned documents by hand or send them to the Authority via registered mail in one week. (2) The applicant who would like to become a hosting provider shall make a notice by filling the letter of application in Annex 5 and application form in Annex 6, which he will attach to this letter, on the official web site of Authority and send them electronically before performing hosting provision activities. Applicant is liable to deliver the mentioned documents by hand or send them to Authority via registered mail in one week. (3) Authority may request other information and documents it deems necessary besides the ones determined in the relevant annexes within the scope of these applications. Procedure for granting operating certificate ARTICLE 10 (1) Provided that an applicant who wishes to operate as an access provider and/or hosting provider also submits an application to the Authority in order to get authorization for providing telecommunication services, the operating certificate indicated in Annex 1 and Annex 2 shall be issued by the Authority and sent to the operator after evaluating the application for authorization for performing telecommunication activities and applications for operating certificate. (2) Provided that an applicant who wishes to operate as an access provider is registered within the scope of Cable and Wireless Internet Service Providers, the notice which will be made for 6/13

7 this registration shall also serve as an operating certificate for access providers and a separate document shall not be issued. (3) In the event that an applicant who wishes to operate as a hosting provider is not an operator who is authorized or should be authorized by the Authority to provide telecommunication services, his/her operating certificate shall be sent to the relevant person in one month following the complete notice s/he will make regarding the operating certificate. Transfer of the operating certificate ARTICLE 11 (1) In the event that the operator wishes to transfer her/his authorization to provide telecommunication services, s/he shall also be liable to transfer his operating certificate as access providers. (2) The operator shall submit an application for the permission of transfer together with the information and documents which will be requested by the Authority besides the information and documents stating that the corporations to which the operating certificate as access providers will be transferred meet the conditions stipulated in Article 8. (3) Provided that the Authority grants a written permission stating that it deems appropriate the transfer of the authorization to provide telecommunication services, operating certificate as access providers shall be issued in the name of the company to which the authorization to provide telecommunication services will be transferred in one month following the issuance of such permission. Renewal of operating certificate ARTICLE 12 (1) Provided that the access provider, whose authorization to provide telecommunication services will expire, submits an application for reauthorization, her/his operating certificate shall be issued by the Authority together with the authorization by the Authority following the determination that the application is complete. (2) Hosting provider shall make a notice by filling the letter of application in Annex 5 and application form in Annex 6, that he will attach to such letter, via the official web site of the 7/13

8 Authority and sending them electronically at least one month prior to the expiry date of the operating certificate. The applicant shall be liable to renew her/his operating certificate by delivering the abovementioned documents by hand or sending them to the Authority via registered mail in one week. Termination of the operations ARTICLE 13 (1) Provided that the access provider wishes to terminate his/her operations, s/he shall be liable to submit an application to the Authority for the cancellation of his/her authorization and operating certificate to provide telecommunication services at least three months prior to the date he will cancel his/her operations. (2) In the event that a hosting provider wishes to terminate his operations, s/he shall be liable to submit an application to the Authority for the cancellation of his/her operating certificate at least three months prior to the date he will terminate his/her operations. (3) The access provider who has cancelled his operations shall be liable to submit the access providers traffic information of the last year regarding all kinds of access services provided on the internet. CHAPTER FOUR Obligations of Access and Hosting Providers Obligation to inform ARTICLE 14 (1) Access providers and hosting providers shall be obliged to maintain and update their indicative information, which includes the following, accurately and completely on their own internet environments in a way that the users can access directly from the main page and under the heading of contact. a) If it is a real person; her/his name and surname; if it is a legal entity its title and responsible persons, tax identity number or commercial registration number, 8/13

9 b) Settlement address; if it is a legal entity, the address of the main office, c) Electronic communication address and telephone number, d) Information on the competent supervision authority if the service is provided within the framework of an activity subject to the permission or supervision of an authority. (2) In the event that the access provider wishes to terminate her/his operation, s/he shall announce that s/he will terminate her/his services on the main page in a way that can be reached by the users following the notice s/he will make to the Authority. Obligations of access providers ARTICLE 15 (1) Access providers shall be obliged to; a) Block the access to the unlawful content published by any of its users provided that it is notified about such unlawful content by the Presidency and to the extent it has the technical possibility of blocking the access, in accordance with the provisions of the Law numbered 5651 and other relevant legislation, b) Keep her/his access provider traffic information for one year in order for the Presidency to execute its duties granted under the Law and other related legislation regarding the services it provides; maintain the accuracy, integrity of the such information and the file integrity values of the data created with time stamp, and ensure their confidentiality of such information; provide the Presidency with the required assistance and support in monitoring the internet traffic it will perform in order to fulfill its duties granted by the Law numbered 5651; notify the information specified in the operating certificate which is deemed appropriate by the Presidency upon request and carry out static IP address planning from a certain IP block and grant IP address from this block for the commercial internet public use providers, c) notify the Authority, content providers and customers at least three months prior to the date of terminating his/her activities; and submit the records regarding the traffic information to the Authority within a period of one year before the date of termination notified to the Authority in the form of text file, to submit the log formats together with all the remarks, 9/13

10 submit the subscriber file information to the Presidency in optical media in the form such as CD or DVD, d) Send the access numbers s/he will use regarding every access methods and information related to the subscribers to whom s/he collectively serves to the Presidency every month in a regular manner as of the commencement of its operation, e) Install the required hardware and software and carry out the necessary proceedings in order to immediately apply the information, which will be sent from the connection between it and the Presidency regarding the addresses to be blocked, to its system. (2) Access providers shall prevent others from obtaining the information about the users of their services in line with the procedures and principles provided for in the relevant legislation. (3) Access providers shall not be obliged to check whether the content of information accessed via them is unlawful and requires responsibility or not. Liabilities of hosting providers ARTICLE 16 (1) Hosting providers shall be obliged to; a) remove the unlawful content from publication provided that it is notified by the Presidency, judicial authorities or persons whose rights have been infringed about the unlawful content for which it provided hosting and to the extent it has the technical possibility of blocking the access, in accordance with the provisions of the Law no 5651 and related legislation without prejudice to the provisions related to penal liability, b) Abide by the provisions set forth in sub paragraph (a) for the services related to the provision of hosting including hosting a server, c) Maintain the hosting provider traffic information for six months; ensure the accuracy, integrity of such information and the file integrity values (hash) of the data created together with time stamps and ensure the confidentiality of such information. 10/13

11 (2) Hosting providers shall not be obliged to check the content for which s/he hosts and investigate whether an unlawful action is carried out or not. Updating the information ARTICLE 17 (1) Access providers or hosting providers shall be liable to notify the Authority of the modifications in their information specified in Annex 4 and Annex 6 latest in one month. CHAPTER FIVE Sanctions Administrative fines ARTICLE 18 (1) An administrative fine from two thousand New Turkish Liras up to ten thousand New Turkish Liras shall be imposed by the Presidency to hosting provider or access provider who does not fulfil the obligations set forth in the article 14 of this Regulation hereby pursuant to the Law numbered (2) An administrative fine from ten thousand New Turkish Liras to fifty thousand New Turkish Liras shall be imposed by the Presidency to that access provider who does not fulfill one of the obligations provided for in in sub-paragraphs (b) and (c) of the first paragraph of Article 15. Annulment of the Operating Certificate ARTICLE 19 (1) In the event that annulment the operator s certificate as access providers as per the provisions of the Law numbered 5651 and relevant legislation and such operator is a Collective Cable and Wireless Internet Provider, her/his general permission for the provision of such telecommunication service shall be annulled by the Authority. If the operator provides the service of the access provider with an authorization for another telecommunication service, her/his access provision services within the scope of this 11/13

12 authorization shall be suspended. In such case, the operator shall be liable to cease her/his access provision services immediately. (2) Annulment of an operating certificate as access providers does not pose an obstacle for the applications submitted in order to obtain authorization and operating license to provide telecommunication services once again. (3) Provided that a hosting provider settling within the boundaries of Republic of Turkey does not fulfill the obligations stipulated in this Regulation hereby, her/his operating certificate may be cancelled by the Authority. In this case, the internet access service that the relevant hosting provider obtains based on the decision of the Presidency shall be ceased by the access provider. CHAPTER SIX Miscellaneous and Final Provisions Conditions with no provision ARTICLE 20 (1) Under the conditions which are not covered by the provisions of this Regulation hereby, the Regulation on Authorization regarding the Telecommunication Services and Infrastructure which was published in Official Gazette numbered and dated 26/8/2004 is applied. Existing access and hosting providers PROVISIONAL ARTICLE 1 (1) An operating certificate shall be issued by the Authority for the persons who still operate as hosting or access providers in order for them to operate as hosting or access providers regardless of whether they have an authorization for communication via telecommunications. (2) The operating certificates for access providers shall be ex officio issued and sent by the Authority directly to the existing operators having authorization to provide access in one month following the publication date of this Regulation. It shall be notified to the operators 12/13

13 who are registered within the scope of existing Cable and Wireless Internet Service Provider that they have this authorization for the same period of time and without the need for issuing a separate operating certificate as access providers. (3) The existing hosting providers shall be liable to obtain an operating certificate as hosting providers by submitting an application to the Authority within three months following the publication date of this Regulation pursuant to the second paragraph of Article 9. (4) The provisions stipulated in Article 8 shall not apply to the operators providing service by signing a service contract with the Authority. Enforcement ARTICLE 21 (1) This Regulation shall enter into force on the date of its publication. Execution ARTICLE 22 (1) The provisions of this Regulation hereby shall be executed by Chairman of Telecommunication Board. 13/13

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