This document is an English Translation, in case of conflict Turkish original will prevail.

 

07 November 2010 Sunday                                   

Official Gazette #  27752

From the Ministry of Transport and Communications:

 

ORDINANCE ON INTERNET DOMAIN NAMES

PART ONE

Purpose, Scope, Legal Basis, Definitions and Principles

            Purpose and scope

            ARTICLE 1 – (1) The purpose of this Ordinance is to regulate principles and procedures  regarding “.tr” country code top level Internet domain names management.

            Legal Basis

            ARTICLE 2 – (1) This Ordinance is prepared based on the article 5, 34 and 35 of the Electronic Communication Law dated 11/5/2008 and numbered 5809.

                Definitions and Abbreviations

            ARTICLE 3 – (1) The terms used in this Ordinance shall have the following meanings:

            a) Domain name: “.tr” country code Internet domain name,

            b) Ministry: Ministry of Transport and Communications,

            c) CENTR: Association of Internet Country Code Top Level Domain Registries,

            ç) ICANN: Internet Corporation for Assigned Names and Numbers,

            d) Internet domain name: The names which define the internet protocol number used for identifying the address of internet sites or the computer, on the internet,

 e) Internet domain name system: The system which finds the corresponding internet protocol number that has its equivalent in the addressing established by symbolic names that are easy to read and remember and that may be related to requested domain owners in general and which designates this number  to the user,

            f) Internet protocol address: A numerical label assigned to each device  participating in a computer network that uses the Internet Protocol for communication.

            g) Law: Electronic Communication Law numbered 5809,

            đ) Reserved list: The list which is composed of second level domains and domain names which are not allowed to be registered because of  legislation, public order and public moral reasons,

            h) Restricted list: The list which is composed of domain names which have been important for the public in terms of historical and cultural values,

            ý) Registrar: Entity which intercedes domain name transactions such as registration, renewal, cancellation, etc.

            i) Board: Information and Communication Technologies Board,

            j) Authority: Information and Communication Technologies Authority,

            k) WHOIS: Database which holds domain name registration and expiration dates, registrant’s contact information, etc.

            l) WHOIS Service: The protocol used to provide a public information service in relation  to data in a registry,

            m) RIPE NCC: RIPE Network Coordination Centre,

            n) .tr Network Information System (TRABÝS): the system where technical functions of registry are operated (.tr dns registry, whois service, disaster recovery, etc.)

            o) Dispute Resolution Service Provider (DRSP):  professional organizations qua public body, universities or international organizations which resolve disputes regarding domain names via arbiters or arbitration boards. 

            (2)  For the definitions and abbreviations which exist in this Ordinance but not explained above, the meanings of the definitions in the concerned legislation shall apply.

                Principles

            ARTICLE 4 – (1) The  following  basic principles  are taken into consideration in  the enforcement  of  this Ordinance:

            a) Unless based on objective grounds; promoting qualitative and quantitative sustainability, regularity, productivity, objectivity, reliability, proportionality, transparency, the efficient use of resources and technological neutrality.

            b) Providing and maintaining a liberal and efficient competition platform,

            c) Protecting consumer rights,

            ç) Promoting better service quality,

            d) Taking international applications and standards into consideration,

            e) Applicable, efficient and long-term solutions in line with country conditions regarding domain name applications,

            f) Encouraging easily applicable implementations in reasonable conditions,

            g) Not obliging natural and legal persons to buy any other service except for what they require

            đ) Protecting the rights of third persons.

PART TWO

Structure of Domain Names and Related Transactions

Structure of domain names

            ARTICLE 5 – (1) Domain names are in the form of  “a.b.tr” and “a.tr”. Special conditions for both structures are regulated in this Ordinance’s annex.

            Domain names to be applied

            ARTICLE 6 – (1) “a” part of the domain name should meet the criteria below to be applied;

            a) Composed of only letters (a-z), numbers (0-9) and dash (-) sign,

            b) Minimum two characters, maximum sixty three characters long,

            c) Not beginning with and/or ending with hyphen (-)  ,

            ç) Not containing a hyphen (“-”) in the third and fourth positions simultaneously,

            d) Not already registered as a domain name to anyone else,

            e) Not in the reserved list

 

            Applying for a domain name

            ARTICLE 7 – (1) Natural and legal persons can apply for domain names to be registered. More than one domain name can be applied for.

            (2) Applications that do not meet the criteria listed in the Article 6 of this Ordinance are not accepted.

            (3) Persons choose one of the registrars listed in the web page of the Authority for application. Persons make their application by filling out the application form in the web page of the registrar they choose. In the case of not filling out the application form completely and accurately, the domain name application is not accepted.

            (4) During their applications, persons are informed about legal results of their acts such as giving misinformation, violating third person’s rights, etc.

            (5) During their applications, persons declare and commit that they will not violate third person’s rights, they will not use a domain name illegally and they accept that cancellation or waive of domain names will not yield any right in their favour. 

            (6) Registrar completes the subsequent transactions via  TRABÝS after accepting an application.

            Registering a domain name

            ARTICLE 8 – (1) Domain names are registered in two methods: documentary and non-documentary.

            (2) Non-documentary domain name registration is performed  on a “first come, first serve” basis. Determination of the first coming is based on the time record of domain name application’s transmission to TRABÝS.

            (3) Documentary domain name registration is performed after related information and/or documents are provided to registrar and thisinformation and/or documents are transmitted to TRABÝS. Documentary domain names are regulated in this Ordinance’s annex.

            (4) Domain names are registered to persons who applied for whenthe registrar completes transactions via TRABÝS completely and accurately and pays prices related to those domain names.

            (5) A domain name is registered for five years at most.

Renewal

ARTICLE 9- (1) Registrar informs the registrant by e-mail at least, by no later than three months before the expiration date of domain name and claims to realize the renewal process.

(2) The registrant who wants to renew the register of the domain name sends in an application during thesethree months to renew the domain name register in accordance with the rules of the seventh article of this ordinance.  In accordance with this claim, the domain name register is renewed after completing necessary transactions and the payment of renewal fees by registrar over TRABÝS.

(3)  The usage of the domain name of whose renewal process is not completed by the end of register time is stopped for a period of two months. In this period, the registrar of the domain name process is renewed upon application of the registrant. Otherwise, the domain name is opened to re-registration.

(4) Registration period after renewal shall not exceed five years. At the end of this five.

Waive

            ARTICLE 10- (1) Registrant, who wants to terminate his registration before the expiration date, may waive from the domain name.

(2) Registrant transmits his waive demand by filling out the form completely and accurately in the website of the registrar that receivesservice. Waive process is fulfilled after registrar has completed required procedures by TRABÝS.

(3) Waive from domain name will not yield any right in registrant’s favour. 

(4) Domain name that waived is opened to re-registration.

            Cancellation

            ARTICLE 11- (1) Domain name registration is cancelled informing the registrant and registrar by TRABÝS in cases below:

a) Determination of information given from registrant are not correct and/or accurate.

b) Addition of domain name to reserved list.

c) Presence of a panellist or panellists’ commission decision transmittedto authority by DRSP about cancellation of domain name and existence of conditions determined by authority for enforcement of the decision.

ç) Existence of a court decision about cancellation of domain name.

            Re-registration

            ARTICLE 12 – (1) Domain name is opened to re-registration if there is no renewal demand at the end of the period indicated in the scope of article 9 of this ordinance and this information is published in the website of Authority. However applications concerning these domain names are not accepted for one month.

(2) Domain name is opened to re-registration and re-registration information is published in the website of Authority  when the cancellation of domain name has another reason except addition of a domain name to a reserved list and  registrant waive from domain name. Howeverapplications about these domain names are not accepted for three months.

(3) Applications for domain names those opened to re-registration and registration of these domain names will be operate in the scope of Articles 7 and 8 of this ordinance.

Sales and transfer

ARTICLE 13 – (1) Domain names are allowed for selling or transferring.

(2) The form in the websiteof serving registrar must be filled out correctly and accurately for selling or transferring process.

(3) In cases of death, absence, declaration of absence bynatural persons, domain name shall be transferred to heir-at-law. Registrant is changed in accordance to selling or transferring of domain name, if registrar has completed the required procedures by TRABÝS,

(4) Expiration date of the sold or transferred domain name is not changed.

 

 

 

 

PART THREE

Responsibilities of the Authority

               ARTICLE 14 – (1) Responsibilities of the Authority are listed below;

               a) Setting up and operating TRABÝS or having a third party set up and operate TRABÝS in the scope of principles and procedures determined by the Authority;

               b) Designating DRSPs and registrars and publishing the contact information of  DRSPs and registrars in its website ;

               c) Determining the prices regarding domain name registration,renewal,dispute resolution mechanism process; and changing these prices if needed, 

               ç) Determining new second level domains to be registered or existing second level domains to be terminated,

               d) Determining documents to be requested in documentary domain names,

               e) Acting as a registrar limited to exceptional cases which are determined by this Ordinance or a Board decision,

               f) Publishing up-to-date court decisions and  fulfilling the requirements of these decisions regarding domain name disputes which are forwarded to the Authority, disputed domain names and arbiter or arbitration boards’ resolutions on these disputed domain names which are forwarded by DRSP,

               g) Evaluating the demands and complaints submitted to the Authority and taking necessary measures in the scope of legislations,

               đ) Preparing an annual activity report until the end of April each year and announcing this report to the public via the Authority’s  website and via other tools if needed,

               h) Performing necessary works at the organizations like ICANN, RIPE NCC, CENTR,etc.

              Competencies of the Authority

               ARTICLE 15 – (1) The Authority is competent to perform the followings in the scope of this Ordinance;

               (a) Conducting regulations in the fields needed,

               (b) Auditing registrars and DSRPs in the scope of related legislations.

 

 

PART FOUR

Registrars

               Registrar

               ARTICLE 16 – (1) The Authority determines the minimum requirements of registrars, the rules and other points and announces them to the public via its web page or other tools if needed.  

               (2) Entities who want to operate as registrarshall apply  with the Authority. Entities which are determined to meet the requirements of being registrar are given operation certificates.

          Obligations of the registrars

            ARTICLE 17 – (1) Registrars are obliged to;

            a) Comply with related legislation,

            b) Ensure accessibility, security, reliability and integrity of the services they offer and the devices and systems they use,  

            c) Prevent any failure in the services they offer in terms of service quality and continuity; for ensuring this; efficient staff shall be employed with adequate qualifications and there should also be enough technical equipment,

            ç) Services should be available 24/7

            d) Accept complete and accurate information during domain name applications and other transactions, ensure the security and privacy of this information, update thisinformation, verify thisinformation at least yearly, notify the Authority about changes to theseinformation immediately, not sharing this information with any party except for the Authority and legally authorized parties and not use these information for any other purposes other than what thisinformation is taken for,

            e) Transmit demands such as registration, renewal, cancellation to TRABÝS on a real-time basis and in accordance with software standards of TRABIS,

            f) Pay enough attention during fulfilling transactions via TRABÝS related to domain names,

            g) Inform persons who get service or who would like to get services about transactions regarding domain names such as application, registration, renewal, cancellation, transfer,

            đ) Enable access to WHOIS service via their own website without any charge,

            h)  For any reason one should be able to conserve any information and documentation that they obtain concerning any domain name transaction for at least10 years from the end of use of the domain name

            ý) Perform steps for inter-registrar transfer procedure to be done in case of expiration of their operations and submit all information and documentation they hold to the Authority completely and accurately in a timely manner,

            i) Present annual activity report to the Authority until the end of March each year,  

            j) Keep up-to-date and easy-to-reach introductory information, related legislation and an application form sample in their “.tr” website.

           

           

 

 

 

 

            Termination of activities by the registrar

            ARTICLE 18 – (1) Registrars inform the Authority at least three months before  they terminate their activities.

            (2) The authority starts the inter-registrar transfer procedures after being informed.

            (3) Registrars are responsible for the probable detriment because of the termination of their activities.

            Termination of activities by the Authority

            ARTICLE 19 – (1) In cases such as the registrars disobeying the related legislation ordo not fulfil their obligations, lose the specifications looked for, etc. The Authority can terminate the activities of the registrars. 

            (2) In this case, the Authority starts the inter-registrar transfer procedures immediately.

            (3) Registrars are responsible for the probable detriment because of the termination of their activities by the Authority.

           

           Inter-registrar transfer

            ARTICLE 20 – (1) Registrants can change the registrars they get service if they request.

            (2) In cases whereby a registrar terminates its activities or the Authority terminates the registrar’s activities, mandatory transfer to any other registrar continuing its operations is performed.

            (3)  Points regarding inter-registrar transfer procedures are regulated by the Authority.

            (4) Disputes related to inter-registrar transfer procedure are evaluated by the Authority.

 

PART FIVE

Rights and Obligations of the Registrant

            Rights of the registrant

            ARTICLE 21 – (1) Registrant has the following rights;

            a) Using domain name during its registration period,

            b) Renewing the domain name registration,

            c) Waiving domain name,

            ç) Changing the registrar offering service.

           

          Obligations of the registrant

            ARTICLE 22 – (1) Registrant has the following obligations;

            a) Complying with related legislation,

            b) Providing complete and accurate information to registrar; notifying the registrar offering service about the changes in this information immediately,

            c) Not violating the rights of third persons,

            ç) Completing the steps to be done after being informed in the case of mandatory inter-registrar transfer.

 

PART SIX

Alternative Dispute Resolution Mechanism

            Dispute resolution mechanism

            ARTICLE 23 – (1) Disputes related to domain names are alternatively resolved by a dispute resolution mechanism operated by Dispute Resolution Service Providers. Principles and procedures related to the operation of  the dispute resolution mechanism areregulated by the Authority.

            Dispute resolution service provider

            ARTICLE 24 – (1) The Authority, determines the minimum requirements of DRSP, rules to be obeyed and other points and announces to the public via its web page or other tools if needed.  

            (2) Entities who want to operate as DRSP are required to apply to the Authority. Entities which are determined to meet the requirements of being DRSP are given operation certificates.

            (3) DRSPs should posses the administrative and technical competence to manage the dispute resolution process and should keep an adequate number of arbiters in their list who are competent enough to handle probable disputes.

            (4) The Authority takes the measures needed including the termination of the operation for DRSPs which do not fulfil their missions and obligations in the scope of this Ordinance and in the scope of regulations to be done by the Authority or lose minimum requirements for being a DSRP.

            (5) DRSPs can terminate their activities if they notify the Authority at least a month prior provided that the disputes are finalized which they handle via their arbiters. DSRPs are responsible for the probable detriment because of the termination of their activities.

 

 

 

Application to dispute resolution mechanism

 

ARICLE 25 – (1) The following cases should occur in order for dispute resolution mechanism to take place;

a) Disputed domain name is similar or same with a trademark, business name, company name or any other identifier marks

b) The owner of the domain name has no rights or legitimate interests in respect of the domain name,

c) The domain name had been registered or is being used in bad faith.

(2) The complainant who affirms the existence of all of the three cases specified in the first clause of this article chooses a DRSP and submits his/her application for dispute resolution.  The complainant should not apply to another DRSP about the same dispute until the DRSP that received the complaint declares the final decision.   

 

 

 

 

            Panellists

 

ARTICLE 26 – (1) The panellists who are in the lists of DRSP should be experts on intellectual property rights, trademark law, commercial law or informatics law.

(2) The panellists are employed after their written statement that demonstrates the independency and neutrality to the disputed domain names and to the parties of the dispute.

(3) The panellists principally study on the file including the received information, documents and evidences and should not communicate personally with the parties of the dispute unless it is certainly required.               

 

Resolution Decision

 

ARTICLE 27 – (1) The panellist or the panellists’ commission may decide cancellation of the disputed domain name according to the request of complainant, transfer of the domain name to the complainant or reject the complaint by considering the relevant legislation, case laws and court decisions. The resolution decisions of the panellists’ commission are taken by simple majority and abstention is not allowed. 

               (2) DRSP informs the Authority and the parties of the complaint about the resolution decision and publishes the decision in its website.

 

 

 

 

 

 

 

 

 

CHAPTER SEVEN

 

Miscellaneous and final provisions

 

 

Fees

 

ARTICLE 28 – (1) Domain name and dispute resolution mechanism operations are performed against remuneration.

(2) Domain name registering and renovation fees are paid to the Authority by registrars (KKs). These fees are recorded as revenue to the Authority.

(3) Registrars determine the fees that they will take from applicants for domain name registration by considering the fees determined by the Authority.

(4) The Authority may also regulate the domain name operation fees of registrars if it is necessary in order to provide the sustainable competition and to protect the consumer rights.   

(5) DRSPs determine the operation fees by considering the upper limit fees determined by the Authority. The Authority may also determine the lower limit fees of dispute resolution mechanism operations if it is necessary.

(6) The fees are not refunded in case of cancellation or waive of a domain name.

(7) The fees paid in the application to dispute resolution mechanism are not refundable.

 

 

 

 

 

 

 

WHOIS Service

ARTICLE 29 – (1) WHOIS service is for informational purposes. The information that will be stored in WHOIS is determined by the Authority.

(2) Only domain name inquiries are allowed in WHOIS.

(3) The parties that make inquiries in WHOIS commit that they will not use the information for sending spam e-mails or for commercial activities. 

(4) Registrars take necessary measures within the limits of technological possibilities in order to prevent the usage of the information received from WHOIS for sending spam e-mails or for commercial activities.

 

 

 

 

Allowance of new domain names

 

ARTICLE 30 – (1) The new domain names that are allowed for registering by the Authority are announced via the websiteof the Authority and if necessary by other means of communication. The announcement also includes the information about whether the new domain name will be registered documentarily or not.

(2) The rules and procedures about new domain names which will be registered documentarily are regulated by the Authority.

 

Reserved list

 

ARTICLE 31 – (1) Domain names that will be added or deleted from the reserved list are determined by the Authority if necessary by taking the opinions of the relevant experts.

(2) In case of addition or deletion of a domain name in the reserved list, if they exist, the registrant and the relevant registrar are informed.

(3) In case of the deletion of a domain name from reserved list, the domain name is returned to the registrant if it exists.

 

 

 

 

 

 

 

Restricted list 

 

ARTICLE 32 – (1) Domain names that will be added or deleted from the restricted list, the parties that are allowed to be registrants and the information and documents required for registration are determined by the Authority if necessary by taking the opinions of the relevant experts.

(2) The registration of the domain name is cancelled by informing related parties, if it is determined that the domain name in the restricted list is not registered to appropriate parties. 

(3) In case of the deletion of a domain name from restricted list, the domain name is returned to the registrant if it exists.

 

 

               Transition Period

               PROVISIONAL ARTICLE 1 – (1) Existing mechanism will continue until TRABÝS will be activated.

               (2) TRABÝS shall be activated at most within two years after publication of this ordinance.

                (3) Nic.tr (“.tr” Network Information Centre) within Middle Technical University shall be supporting TRABÝS activation process and should submit all relevant data and documents to Authority.

               (4) Domain names which are registered as of publication of this ordinance, in between publication of this ordinance and TRABÝS activation and until at least one registrar is activated will be in use until the end of registration dates.

               (5) Parties which are determined as a registration operator in an existing mechanism

by Nic.tr (“.tr” Network Information Centre) within Middle Technical University should follow up procedures pursuant to this Ordinance within six months after TRABÝS is activated in case they wish to become a registrar.

 

Registration operators not wishing to become registrar or not being able to follow up procedures shall stop working at the end of this period and transfer data and documents related to registration, renewal etc;transaction of which they have interceded.

 

 

            (6) In case Registrants stated in third and forth items of this article wish, they shall choose one of the registrars posted in the websiteof the Authority after TRABÝS is activated in order to make a transaction about domain name they hold. The applied registrar saves the relevant application in its system by asking related data and documents and fulfilling other necessities like identity authentication.

 

            (7) Transactions of registrants related to domain names shall be handled by TRABÝS till at least one registrar is activated.

Sales and transfer in the transition period

PROVISIONAL ARTICLE 2 – (1) Domain names cannotbe sold for three years after this article enforcement, but domain names can be transferred in the cases below:

 

a)         In cases of death, absence, declaration of absence of natural person the domain name shall be transferred to heir-at-law.

b)        Legal persons can transfer domain names they are holding in cases like a mergeror takeover.

c)         Trade mark and/or patent holders can transfer domain names they are holding in case they transfer their rights related to trade mark and/or patent.

            ç) Intellectual and artistic work rights holders can transfer domain names they are holding in case they transfer their rights related to intellectual and artistic works.

 

 

(2) Transfer application is submitted by completely and accurately filling the form on the websiteof registrar. Transfer transaction if finished after registrar fulfils required procedures by TRABÝS.

(3) Expiration date of the transferred domain name is not changed.

 

 

Sunrise period of “a.tr” domain names

            PROVISIONAL ARTICLE 3 – (1) The first registration of “a.tr” domains shall be document based and handled in a framework regulated by Authority.

            (2) The fees of the “a.tr” first registration shall be determined by Authority.

            (3) In the first registration period public agencies, companies of which more than 50% is state-owned occupational organisations qualified as public agency, foundations and institutions for public interest and worker and employer unions will be prioritised respectively.

               Enforcement

               ARTICLE 33 – (1) The execution calendar of this Ordinance is as follows:

               a) Article 13, three years after TRABÝS activation,

               b) Article14, 15 and 24 and PROVISIONAL ARTICLE 1 on the publication date,

               c) PROVISIONAL ARTICLE 3 twelve months  after TRABÝS activation,

               ç) Other Articles, on the date of TRABÝS activation

           

    Execution

               ARTICLE 34 – (1) Minister of Transport shall execute the provisions of this Ordinance.

 

ANNEX

Structure of Domain Names and Second Level Domains To Be Registered By Document

1.        Definitions

In “a.b.tr” and “a.tr” Internet domain names the definitions are as follows:

 tr

The code for Turkey determined in ISO-3166 (International Organization for Standardization) and used in Internet domain names

b

Second level domains defined under “.tr”

a

Registered by persons pursuant to this Ordinance

 

2.        Second level domains

Second level domains under “.tr” are as follows:

 

“.com”

“.net”

“.biz”

“.info”

“.bbs”

“.name”

“.org”

“.web”

“.gen”

“.av”

“.tv”

“.dr”

“.k12”

“.tel”

“.bel”

“.gov”

“.edu”

“.pol”

“.tsk”

 

 

 

3.      Second level domains To Be Registered By Document

Following second level domains are registered after submission of documents that are determined by Authority.

second level domain

Party to be registrant

“.av”

Lawyers registered in Turkish Bar Association, legal companies and lawyer partnerships

“.bel”

Municipalities placed in records of Ministry of Interior.

“.dr”

Medical Doctors registered in Turkish Medical Association, MD partnerships, hospitals and 1st grade health institutions of Ministry of Health

“.edu”

Colleagues recognised by The Council of Higher Education

“.gov”

Public Agencies

“.pol”

Divisions within General Directorate of Security

“.k12”

Pre-school crčches, nursery schools, elementary schools, high schools recognised by Ministry of Education

“.pol”

Divisions within General Directorate of Security

         “.tsk”

Divisions within Turkish Army, Navy and Air force