Recent Development

The Information and Communication Technologies Authority (the "Authority") recently presented the Draft Principles and Procedures Regarding the Obligation to Establish and Operation of Internet Exchange Point and Domestic Internet Traffic Management (the "Principles and Procedures") for public consultation. Opinions may be submitted until February 2, 2018 by filling out the form provided on the Authority's website by sending an email to the address btd_bilgi@btk.gov.tr.

What the Principles and Procedures Say

Based on the Electronic Communications Act No. 5809 and Law No. 5651 On Regulation of Internet Publication and Combatting Crimes Committed through Internet, the Authority has prepared the draft Principles and Procedures to eliminate the risks that may threaten national security and national cyber security. In this scope, Principles and Procedures mainly regulate the management of the internet traffic and impose certain obligations in relation to the establishment and operation of internet exchange points (IXPs). The Principles and Procedures provide that operators must ensure that internet traffic with a domestic source and destination is retained in Turkey. To ensure that, operators must exchange the internet traffic with a domestic source and destination by connecting, directly or indirectly, to an IXP. An IXP is the infrastructure established at a common point to allow for the exchange of internet traffic between two or more operators. Within this scope, TTNet A.Ş. and Superonline İletişim Hizmetleri A.Ş., the top internet service providers with the largest market shares as of the date of the publication of the Principles and Procedures, will be obligated to set up the necessary IXP technical infrastructure at their own costs. The establishment of IXPs must be completed within five months as of the effective date of the Principles and Procedures. The Principles and Procedures also establish an IXP Coordination Board authorized to carry out the procedures for the supply of the goods and services required for the establishment and operation of IXPs and the calculation of the costs thereof.

Conclusion The Authority has been active in recent years, notably in taking steps against threats to national security and cyber security. Operators must carefully review the provisions of the Principles and Procedures and take this as an opportunity to cooperate with the Authority to further improve the Principles and Procedures.