Provisions on the Organization of Internet-Telephony Services Simplified

The Ministry of Communication and Informatics has issued Regulation No. 8 of 2017 on the Organization of Internet-Telephony Services in the Public Interest (“Regulation 8/2017”) in order to simplify the various provisions which relate to the organization of access codes for certain multimedia services which channel voices through internet protocols which are attached to telecommunication networks, or which are known internet-telephony services (“Services”). [1] Previously, such matters were regulated under Ministry of Transportation Decree No. KM 23 of 2002 on the Organization of Internet Telephony Services in the Public Interest and its amendments (collectively referred to as “Decree 23/2002”).Organization of ServicesIn principle, Services can be organized by legal entities, either those which are in the form of state-owned, regionally owned or privately owned enterprises, or those which are in the form of cooperatives (“Organizers”). All such Organizers are required to secure licenses, as issued by the Directorate General of Postal and Informatics Operations (“Director General”). [2] As an alternative, Organizers are also allowed to enter into joint operations with other parties, based on written approval being granted by the Director General. [3] When organizing any Services, Organizers must utilize telecommunications networks (“Networks”) by entering into written cooperation agreements with network providers (“Providers”), on condition that all such Organizers are prohibited from subleasing said Networks to any other parties during the period of such cooperation. [4] If the relevant Networks are unavailable, then Organizers are allowed to cooperate with Providers in order to establish the required Networks. In cases where Providers fail to establish the agreed Networks through such cooperation, then Organizers may independently establish Networks and the Providers in question should provide access so that Organizers can establish such Networks. [5] Furthermore, Organizers are also required to provide the necessary telecommunications facilities, which should be situated where either the Organizers or Providers are located. Said facilities should comprise of the following equipment: [6]