Audit

It is observed that the supervision of other regulated areas (such as service quality, frequency usage, tariff applications, determination of device standards, etc.) by regulatory authorities is conducted in the same manner as the supervision of license conditions. In our country, parallel to global practices, the supervision of operators is carried out by our Institution ex officio or upon complaints brought to its attention, in accordance with the provisions in Law No. 5809 regarding the supervision of operators. The purpose of supervising operators is to monitor the compliance of the activities of capital companies established or to be established in Turkey, which meet the conditions required by the Institution, with license conditions and relevant legislation.

The fact that telecommunications services provided by operators are public services by nature, and the necessity to ensure the security and continuity of the telecommunications network in terms of national security and public order, further increases the importance of supervision. The Telecommunications Authority makes financial, technical, legal, and administrative regulations for operators in the telecommunications sector. Therefore, in accordance with these regulations made by the Institution, it can supervise operators in financial, technical, legal, and administrative aspects and request information and documents.

The institution performs the following functions within the scope of the Spectrum Monitoring and Inspection task:

• To monitor, detect, eliminate irregular and illegal broadcasts and interferences in radio communications, and to take necessary actions against those responsible for such situations,
• To conduct national and international technical monitoring services in radio communications and to participate in coordinated activities with international organizations,
• To inspect the compliance of equipment used in the telecommunications sector with standards and to ensure the removal of non-compliant equipment,
• To inspect licensed radio systems in accordance with service quality and the issued licenses,
• To supervise the operation of all kinds of radio broadcasts without interfering with each other, to supervise the proper use of frequency bands, to take necessary measures to ensure compliance, and to cooperate with relevant units on this matter,
• To procure, install, maintain, and operate equipment that enables technical inspections related to radio systems and the examination of interference complaints.
  

Market surveillance and inspection are inspection procedures carried out by the authorized institution during the marketing or distribution stage of a product or while it is on the market. 

In accordance with the provisions of the "Regulation on Market Surveillance and Inspection of Products" published in the Official Gazette dated January 17, 2002, and numbered 24643, by the Council of Ministers Decision No. 2001/3529, the authorized institution responsible for market surveillance and inspection activities regarding existing Radio and Telecommunications Terminal Equipment in our country is the Information Technologies and Communication Authority. 

Inspecting or having inspected whether Radio and Telecommunications Terminal Equipment comply with technical regulations and are safe during their marketing or distribution stage or while the device is on the market, ensuring that unsafe devices are made safe, and ensuring the application of sanctions when necessary, is the responsibility of the Telecommunications Authority. 

The Telecommunications Authority conducts market surveillance and inspection ex officio or upon complaint through inspectors. Inspections are carried out at places where devices of all kinds are placed and/or sold, at places used as production facilities when necessary, and at places and facilities where services are provided and used. In necessary cases, inspections may also be conducted at places where the device or its parts are produced, processed, packaged, or assembled. 

The Telecommunications Authority may use, for market surveillance and inspection purposes, the results of inspections conducted by public institutions and the European Union, import control results, Class 2 Notification Form evaluation results, information regarding devices causing interference, data obtained from research and examinations, information emerging during the investigation of accident causes, complaints and reports made by consumers, users, competing manufacturers/producers, authorized representatives, distributors, conformity assessment bodies, approved bodies, and civil society organizations regarding the device's non-compliance with technical regulations and/or unsafety, as well as information obtained within this framework.

In accordance with the provision in Article 15 of Law No. 5070 on Electronic Signature: "The supervision of the activities and transactions of electronic certificate service providers related to the implementation of this Law is carried out by the Authority. The Authority may inspect electronic certificate service providers whenever it deems necessary. During the inspection, electronic certificate service providers and relevant parties are obliged to provide all kinds of books, documents, and records requested by the authorized inspection officers, to allow entry into management places, buildings, and annexes, to provide written and oral information, to allow sampling, and to submit to the inspection of transactions and accounts." the Information Technologies and Communication Authority is responsible for the supervision of Electronic Certificate Service Providers (ESHS). 

The inspection of ESHS is carried out ex officio by the Authority when deemed necessary and at least once every 2 years. ESHS cannot evade its inspection obligations by citing reasons such as confidentiality and secrecy. If the Authority determines, as a result of its inspection, that the ESHS has lost one or more of the notification conditions during the continuation of its activities, it grants the ESHS a period of up to 1 month to remedy the deficiency and suspends the ESHS's activities during this period. The Authority terminates the ESHS's activities if the deficiency is not remedied by the end of the granted period or if the offenses under Article 18 of the Law have been committed for the third time within the 3 years preceding the date of commission.