Telecommunications Law

The matters we handle within the framework of the Electronic Communications Law No. 5809 and the relevant secondary legislation:

• Authorisation and notification obligations for electronic communications services
• Rights and obligations of operators and revocation of authorisation
• Frequency allocation and spectrum usage rights
• Number allocation, number portability and the numbering plan
• Infrastructure sharing, co-location and rights of way
• Obligations and liability of internet service providers
• Regulation of mobile communications and satellite communications
• Universal service obligations
• Acts of the regulator, administrative fines and annulment actions
• Subscription contracts and disputes over withdrawal and termination
• Claims arising from billing, commitment periods and device campaigns
• Access and competition obligations in the electronic communications sector

In our work in this field, the Electronic Communications Law No. 5809 and the relevant secondary legislation are taken into account. In the electronic communications sector, a technical decision may simultaneously have regulatory, contractual and financial consequences; for this reason, the actual operation of the activity, the contracts, technical records and available remedies are assessed together for operators, infrastructure and technology companies, dealers, corporate subscribers and end users.

Within the scope of authorisation and regulatory compliance, we assess whether a business model falls within the scope of authorisation, prepare applications and notifications to the Information and Communication Technologies Authority (BTK) and examine the effect of changes in the corporate structure. How a company describes itself is not decisive; the actual structure of the service, the customer relationship, control over the infrastructure, in whose name the service is provided and the use of scarce resources are examined together.

Following authorisation, internal compliance work is carried out with respect to tariffs, campaigns, record-keeping, service continuity, security, reporting and responses to requests from the Authority. Written procedures are also prepared for call centre access, dealer transactions, SIM changes, fraudulent subscriptions, account takeover, identity verification and data breach processes, given that traffic, location, identity, device, billing and subscription data require particular care.

In infrastructure matters, tower and site leases, rooftop use and facility sharing agreements are prepared and reviewed with respect to site delivery, energy costs, maintenance access, security, use by third-party operators, transfer of the immovable property and removal obligations. In access, interconnection, data transport, roaming, infrastructure leasing and wholesale capacity relationships, contractual freedom is assessed together with sector-specific obligations under the Regulation on Access and Interconnection.

Subscription relationships concerning mobile lines, fixed telephony, internet, satellite and cable services, BTK examinations and administrative sanctions, annulment actions against acts of the regulator, dealership agreements and competition and access obligations in the sector also fall within our field of practice.

Among the disputes most frequently encountered in practice are the establishment of subscriptions, tariff changes, commitment periods, early termination fees, number portability, service interruptions and refunds. The Regulation on Consumer Rights in the Electronic Communications Sector contains specific rules on information and operator obligations. Whether the subscriber is a consumer or a commercial customer may affect the applicable provisions and the competent authority.

In such disputes, the existence of an electronic approval or a call recording may not in itself be sufficient. The information to which the approval was given, the campaign conditions, device delivery, usage data, invoice items and the termination transaction must be consistent with one another, and the integrity of the record and its connection with the transaction must be demonstrated.

In infrastructure matters, rights of way, site leases and facility sharing frequently give rise to disputes. The Law No. 5809 defines the right of way for the installation, modification, maintenance and removal of infrastructure; however, a lease agreement does not replace administrative permits, technical requirements, energy and access arrangements or the right of way. Claims arising from administrative acts, immovable property relationships and private law contracts may not be subject to the same judicial route.

Between operators, disputes over capacity measurement, service levels, maintenance and fault response times, traffic management, billing, contractual penalties and limitations of liability are common. Where the measurement method and the records to be retained are not specified in the contract, a claim of service interruption or insufficient capacity cannot be soundly proven.

The process begins with the joint examination of the contracts, the dates of service and the technical records, whether the matter concerns an authorisation model, a letter from BTK, an infrastructure or right-of-way issue, an agreement between operators or a subscription dispute. Call recordings, electronic approvals, system logs, traffic data, invoices, fault records and site reports constitute the principal evidence.

The dates of service, termination and faults, together with the retention status of the records, are established at the outset of the file. The fact that the technical team continues to work on resolving the problem does not in itself suspend the time limits for administrative actions or other applications.

Where BTK requests information or documents or initiates an examination, the legal basis of the request, the scope of the data requested, trade secret and personal data content, the concreteness of the findings, the right of defence and proportionality are examined separately. Responses are prepared together with the technical units, and corrective actions are identified, as inconsistencies between technical explanations, contracts, system records and actual practice may increase the risk of sanctions.

Where no resolution is achieved, the appropriate remedy is pursued according to the nature of the claim, including annulment actions against administrative acts, receivable and compensation actions, or applications before the competent consumer authorities. A complaint to BTK does not, as a rule, prevent recourse to the courts, since the two may serve different purposes. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.