The Information Technologies and Communication Authority ("ITC Authority") has prepared a draft Regulation on Internet Domain Names ("Draft Regulation") and subjected it to public opinion. The ITC Authority invites all concerned persons and companies to comment on the Draft Regulation, which basically regulates the procedures, principles, and concerned parties' rights and obligations with respect to "tr" domain names.
It has been a long time since the Computer Center of the Middle East Technical University ("METU") in Turkey allocated the "tr" domain names. With the enactment of the Electronic Communications Law on 10 November 2008, the ITC Authority's powers over electronic communications-related issues were strengthened, and certain authorizations delegated to different regulatory authorities or legal entities on electronic communications matters were brought together under the auspices of the ITC Authority. With the enactment of the Draft Regulation, allocation of "tr" domain names is one such power which the ITC Authority will reclaim from METU.
The Draft Regulation provides for the establishment of a center to replace the Computer Center of METU, namely, the TR Network Information Center ("TR NIC") which will engage in (i) database processing; (ii) "tr" domain name allocation, renewal and cancelation; (iii) receiving "tr" domain name applications; and (iv) providing users 24/7 guiding services.
Apart from the TR NIC, the Draft Regulation also introduces a new mechanism for dispute resolution with respect to "tr" domain names. If the Draft Regulation is enacted in its current form, disputes arising over "tr" domain names will be handled by "dispute resolution service providers" determined by the ITC Authority. According to the Draft Regulation, dispute resolution service providers should include arbitrators who are administratively and technically capable and independent within their bodies. Real or legal persons whose rights over their "tr" domain names are infringed by a third party will be able to choose one of the dispute resolution service providers determined by the ITC Authority and make their online application via the website of that dispute resolution service provider. Up until the time that the dispute resolution service provider reaches a resolution on the subject matter dispute, the concerned parties cannot apply to another dispute resolution service provider.
Under the Draft Regulation, the ITC Authority delegates the provision, cancelation and renewal of "tr" domain names and relevant guidance services to the TR NIC, and authorizes dispute resolution service providers to resolve disputes between concerned parties. On top of these functions, the ITC Authority undertakes more managerial duties, such as announcing the dispute resolution service providers' contact details on its website; determining the prices to be paid to dispute resolution service providers; coordinating communications with ICANN, RIPE, NCC and CENTR; designating special-purpose sub-domain names; and following up on new technologies related to domain name systems.
In addition to the new structural arrangements under the Draft Regulation, certain new rules for "tr" domain names are worth mentioning. Real or legal persons who apply to the TR NIC to obtain a "tr" domain name will undertake not to infringe third party rights and not to use the relevant "tr" domain name illegally during their application. In this respect, the ITC Authority aims to lessen infringements and illegal use of "tr" domain names by obtaining advance commitments from the applicants.
The "first come, first served" rule will apply to obtaining a "tr" domain name under the Draft Regulation, and the date of application to the TR NIC for the relevant "tr" domain name is taken into consideration in determining the first comer. The Draft Regulation also provides that a "tr" domain name can be allocated for a maximum term of three years. Three months prior to the expiration of the term of validity, the owner of the "tr" domain name is informed via e-mail message and a request from the relevant owner to perform renewal transactions. Following renewal, the renewed allocation period cannot exceed three years.
Finally, "tr" domain name owners also have the right to "waive" use of their "tr" domain names through a very simple and easily applied procedure under the Draft Regulation. The owner of the "tr" domain name informs the TR NIC of its intention to waive the "tr" domain name by completing the form available on the website of the TR NIC.
The ITC Authority is open to all comments and proposals on the Draft Regulation, to which it has afforded high priority, and which is regarded as a significant step in the development of the internet in Turkey.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
