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 » Laws :


Law on Amending the Radio Communication Law
Approval Date: 02.07.2005
Law Number: 5392

 
ARTICLE 1. – The following items have been added to the article 3 of the Radio Communication Law dated 5.4.1983 and numbered 2813.

f) The term of “Electronic Identity Information” defines identity definition allocated solely and uniquely for radio devices,

g) The term of “Identity and Communication Information of the Subscriber” defines special information, that belong to public associations and institutions and real or judicial persons receiving electronic communication service, allocated by the operator for the subscriber,

h) The terms of “Electronic communication” defines transmitting, sending and receiving every kind of datum that can be transformed into sound, image, sign, symbol and electric signals through cables, radios, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other transmittance systems,

i) The term of “Operator” defines the capital stock company offering electronic communication service or operating a telecommunication infrastructure within the framework of authorization,

k) The term of “Authority” defines Telecommunication Authority,

l) The term of “Board” defines Telecommunication Board,

m) The term of “EIR (Equipment Identity Register)” defines the database of identity definition of the mobile equipment,

n) The term of “CEIR (Central Equipment Identity Register)” defines the database of identity definition of central mobile equipment,

o) The term of “Device” defines the device or the related part of the devices attached directly or indirectly to the radio or electronic communication network,

p) The term of “SMS” defines the short message service,

r) The term of “IMEI” defines the international mobile devices identity,


ARTICLE 2. – The following part has been added to the Law in a way that it will follow article 25 of Law No. 2813 and other parts have continued according to this.


PART THREE
Devices with Electronic Identity Information

Devices with Electronic Identity Information
ARTICLE 25a. – Special information including the subscriber’s identity and communication information that are provided by the operators or electronic identity information that are used for identification of the devices can not be reproduced, changed, copied or distributed for any purpose without permission of the Authority.
Devices, cards, means and instruments of which electronic identity information have been changed, software and every kind of means and instruments that can be used for the purpose of making changes can not be imported, produced, distributed or promoted, procured and mediated.

Devices, cards, means and instruments of which electronic identity information have been changed, software and every kind of means and instruments that can be used for the purpose of making changes shall be confiscated in accordance with the provisions of article 127 of Code of Criminal Procedure dated 4.12.2004 and No. 5271 upon the request of the Authority.

New or second-hand devices with electronic identity information can not be traded contrary to the regulations of the Authority.

Safety of the identity information of the subscriber and device
ARTICLE 25b. – Special information including subscriber’s identity and communication information and every kind of software, cards, means or instruments having electronic identity information of the devices can not be copied, kept, distributed and used for the benefit of oneself or others without permission.

Unreal documents and information regarding subscription information can not be submitted to the operator or its agent acting on behalf of it while subscribing.

Subscription can not be completed by the operator or its agent acting on behalf of it without controlling the identity documents that are necessary for subscription.

Procedures and principles regarding the subscription shall be specified in the regulation to be issued by the Authority.

Operators
ARTICLE 25c. – Operators can not provide electronic communication service for missing, contraband or stolen devices and for devices of which electronic identity information in CEIR of the Authority have been changed.

Operators shall be responsible for working of EIR systems in harmony with CEIR systems in the Authority in order to prevent illegal devices explained in the above clause from being connected to telecommunication networks, ensuring the safety and reliability of the technical infrastructure and system regarding this within five months following the validity date of this Law and operating without delay.

Operator shall be given a period of five working days by the Authority for solution of problems following finding out problems arising from operation of the system in the second clause and immediate notification by the operator or Authority. If problems can not be solved, the operator shall apply to the Authority for the purpose of being given a additional time through immediately notifying the justifications in a written way.

Information and denunciation centre
ARTICLE 25d. – The Authority shall establish or get established an information and denunciation centre for devices with electronic identity information. Persons whose devices, that have electronic identity information registered in the Authority’s system, have been stolen, plundered, lost or gone anyway without their consent shall apply to the information and denunciation centre of the Authority for first of all cutting off the electronic communication connection of the devices. The Authority shall notify the Office of the Chief Public Prosecutor upon acquiring information relating to the crime ascribed to the suspected.


ARTICLE 3. – Expressions of “heavy fine from thirty thousand liras up to one hundred thousand liras” and “heavy fine from ten thousand liras up to thirty thousand liras” in the second paragraph of item (i) of article 32 of Law No. 2813 have been amended as “judicial fine from fifty days up to two thousand days”; the following items have been added in a way that they will follow item (g) of the first clause of the article and other items have continued according to this, furthermore the following clause has been added to the article.

(h) Punishment of imprisonment from one year up to five years and judicial fine from one hundred days up to five thousand days shall be imposed for the ones acting against the first and the second clauses of article 25a of this Law; judicial fine from one hundred YTL up to ten thousand YTL shall be imposed for the ones acting against the fourth clause. The judicial fine shall be imposed by the police.

If crimes defined in this article are committed within the framework of the activity of an organization, punishments to be imposed shall be increased fifty percent. If the one who has been engaged in this activity is a judicial person, security measures peculiar to these in the Turkish Criminal Code dated 26.9.2004 and No. 5237 shall, too, be adjudged for him.

(i) The ones who act against the provisions of the first clause, the ones who act against the provisions of the second clause and the ones who act against the provisions of the third clause of article 25b of this Law shall be punished with punishment of imprisonment from one year up to three years, from six months up to two years and up to one year respectively.

If crimes defined in this article are committed within the framework of the activity of an organization, punishments to be imposed shall be increased fifty percent. If the one who has been engaged in this activity is a judicial person, security measures peculiar to these in the Turkish Criminal Code dated 26.9.2004 and No. 5237 shall, too, be adjudged for him.

(j) Judicial fine from twenty thousand YTL up to forty thousand YTL shall be imposed per device for the ones acting against the first clause of article 25c of this Law except the cases specified in the third clause of the article.

Judicial fine of ten millions YTL shall be imposed for the ones acting against the second clause of the article.

Judicial fine from five hundred thousand YTL up to one million YTL shall be imposed for the ones acting against the third clause of the article.

Judicial fines in this item shall be imposed by the Authority.

Every kind of notification to be made by the Authority shall be made in accordance with the provisions the Notification Law dated 11.2.1959 and No. 7201.


ARTICLE 4. – The following clause has been added in a way that it will follow the second clause of article 33 of the Law No. 2813.

Matters regarding the enforcement of articles 25a, 25b, 25c and 25d shall be regulated by the regulation to be issued by the Authority within two months following the validity date of this Law or by the decisions of the Authority.


ARTICLE 5. – The following provisional articles have been added to the Law No. 2813.

PROVISIONAL ARTICLE 6. – Users of devices that have electronic identity information and are not included in the Authority’s registers before the validity date of this Law shall have their devices registered by applying to the Authority and places to be shown by the Authority together with necessary documents within five months following the validity date of this Law.

Registration fee of five YTL shall be collected from the device users by places to be shown by the Authority for registering each unregistered device without document. The registration fee shall be exempt from every kind of tax, duty, charge and Treasury share. One YTL as the price of the service consisting of expenses such as sending SMS and correcting IMEI numbers of the copied devices shall be deducted and the remaining amount shall be transferred to the Authority’s accounts within ten days pursuant to collection to be used as the share of CEIR and information and denunciation centre.

The devices not listed in the Authority’s registers shall be made no longer to be in use through cutting off their electronic communication network connections in a way that they will not be in use anymore at the end of application period. However, electronic communication network connection of the users who miss the application period due to a justifiable excuse to be determined with a regulation by the Authority shall be opened for use if they pay the above specified registration fee.

PROVISIONAL ARTICLE 7. – Procurement of CEIR and every kind of software, hardware and auxiliary device to be used for establishing and operating the information and denunciation centre shall be ensured by the Authority.


ARTICLE 6. – This Law shall enter into force on the date of its publication.


ARTICLE 7. – The provisions of this Law shall be enforced by the Council of Ministers.

 

 

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Tasarm:Ali Osman GLCEMAL