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Recent development
With its decision No. 2021/DK-YED/402 dated 22 December 2021, the Information Technologies and Communication Authority (BTK) approved the Regulation on Amending the Number Portability Regulation (“Regulation“) and the Procedures and Principles for Amending the Procedures and Principles on the Number Portability Implementation Process (“Procedures and Principles“). The Regulation came into force when it was published in the Official Gazette No. 31748 dated 12 February 2022. The Regulation is available here and the BTK’s decision is available here, both in Turkish.
What do the amendments cover?
- The definition of “transaction document” has been added to the Number Portability Regulation. The definition refers to that of the transaction document in the Regulation on the Identity Verification Process in the Electronic Communications Sector. Accordingly, a transaction document is a document created electronically for transactions regarding a subscription agreement, number porting, operator change, qualified electronic certificate, registered email application and SIM change application. The same definition has also been added to the Procedures and Principles.
- In case the identity verification is pursued in an electronic environment, the documents that the recipient operator must send to the sender operator are limited to the transaction document. As per the amendments to the Procedures and Principles, the transaction document must include the application form, identity information and documents verifying the identity of the individual and corporate subscribers in cases where the documents are prepared electronically.
- The recipient operators are obliged to send a message to subscribers confirming the number porting request. This obligation will apply from 12 March 2022, one month after the amendments come into force. In the Procedures and Principles, the details of the text message are specified. Accordingly, the text message must include the following: “An application has been made for the porting of the number … to … AŞ (the recipient operator’s name). If this transaction is beyond your knowledge, please contact the number ….”
- The request for number portability can be made in accordance with the law and written requests are no longer necessary if it is not stipulated under the relevant legislation.
- Under the Procedures and Principles, it was stipulated that the signed request of the subscriber at the recipient operator regarding identity and number portability must be permanently recorded by adding the date/time and a watermark regarding the transaction performed, and conveyed to the sender operator in this way. This amendment will come into force on 31 December 2022.
- In addition, the definition of “foreign identification number” has been added to the Procedures and Principles, and necessary additions have been made to the relevant provisions.
Conclusion
With the Regulation and amendments to the Procedures and Principles, obligations regarding electronic identity verification in number porting operations have been determined. In addition, the recipient operators are obliged to send messages confirming they have received the number porting request. The operators should review the amendments and align their practices accordingly.
