Turkcell is of opinion that it is unjust and illegal such a decision to be taken inspite of injunction orders given by jurisdictive authorities confirming legitimacy of Turkcell whereas the lawsuits filed by Turkcell at the international arbitration court are currently proceeding, therefore Turkcell will bring its objection to the Council of State.
Statement made by Turkcell addressing Council of Capital Market Headship is as follows:
“Today we have been verbally informed about the decision of Competition Council about the complaint by Is-Tim Telecommunications Inc. regarding its nationwide circulation claim, taken on 09.06.2003 by majority. Competition Council ruled for a money penalty worth of 21.822.150.300.000 Turkish Liras against our company.
In our opinion, it is unjust and illegal Competition Council to adopt such a decision inspite of injunction orders of jurisdictive authorities confirming our legitimacy whereas cases filed by our company are currently proceeding at the international arbitration court. As also fixed by the injunction orders given by our jurisdictive authorities, our company is rightful with its practises about nationwide circulation issue. Our company will take objection to this decision in front of the judgement of State Council as we receive the decision with the reasoning and bring it in front of State Council.”
Turkcell’s principled and stable attitude endures today as it has been enduring before.
Making substructure investing worth of approximately 3.7 Billion USA including the licence price and employing almost 20.000 people within its reseller network since the day it established, Turkcell has also a role of bringinging foreign exchange into Turkey by the international mobile circulation service it renders.
Legal and regulative fundamentals of Nationwide Circulation is clearly formed by the government and regulative authorities oriented with the world practices. According to the Act no. 4502 nationwide circulation is defined as a completely commercial business and the issue is regulated as subject to mutual commercial agreements between parties by the expression: “reasonably, economically commensurate and technically possible”
Additionally, even though it is clearly defined in GSM 1800 tender specifications that roaming may not be conducted, government and regulative authorities made it possible with the expression saying “reasonably, economically commensurate and technically possible”.
Turkcell has always been open for deal with Is-Tim on roaming, however parties could not reach an agreement point which is economically reasonable and technically possible. In addition to this, information and predictions such as subscriber traffic determining the quality of the network, covered area, quantity of need and investment have never come into question. Whereas sharing of those information and predictions has a critical importance in respect of quality of Turkcell’s network and protection of the quality level specified in licence agreement made by ministry of Communication. Turkcell cannot be expected to take this risk without a mutual cooperation and any prediction. In the agreements it enters, Turkcell bears the responsibility of its customers, local and foreigner investors, shareholders and employees.
On the other hand, Is Tim’s proposal considering to be charged in minute basis without contributing the fixed investment expenses which Turkcell has suffered for years would effect unjust competition and it is not acceptable.
