Net NeutralityTurkeyand Beyond-A Road Map for Net Neutrality Regulation in Turkey Ayça Atabey

Net Neutrality (NN) remains as one of the most debated internet governance topics. This is because laws and regulations governing the NN principle have a tremendous impact on the end-users, fundamental rights, as well as fair competition, and therefore, calling for a careful consideration of what challenges the internet actors face and how their rights should be preserved. Due to carrying pivotal importance for both enhancing the rights of end-users and fostering fair digital economy, NN debates require urgent attention from relevant Turkish Authorities. Currently, Turkey does not have a clear stance on NN, which created a legal gap and lead to applications that are far from being best practices. Therefore, the 'Net Neutrality, Turkey and Beyond: A Road Map for Net Neutrality Regulation in Turkey' Report is intended as a roadmap for Turkish Regulators, analyzing the existing NN ecosystem particularly within the EU and US, comparing and contrasting NN best practices and applications that may pose some risks to various internet actors. It is also intended as a resource for those interested in the NN research in general, outlining why they should be concerned about the lack of NN regulations in Turkey. This Report concludes that Turkey should break its silence regarding NN and that a multi-stakeholder debate is initiated to determine Turkey's strategic position in terms of NN, and that hopefully Turkey decides to align with the EU's open internet regulations, on its path to EU harmonization and a digital single market, that one day would include Turkey.

Contents

1. Introduction and the Workings of the Report

2. Methodology of the Report

3. Connectivity and Access

4. Open Internet Access and Net Neutrality

5. Regulatory Approach of Different Countries to Net Neutrality

6. Reflections of International Organizations

7. The Impact of NN and Network Bias Have on Internet Actors

8. Conclusion

BIBLIOGRAPHY

APPENDIX A European Union Electronic Communications

Code (ECC) 'Articles and Recitals Regarding NN and

Open Internet Principles'.

APPENDIX B BEREC Guidelines on the Implementation by

National Regulators of European Net Neutrality Rules

'Article 3 and Relevant Recommendations for NRAs'.

APPENDIX C BEREC Guidelines on the Implementation

by National Regulators of European Net Neutrality Rules

'Article 4 and Relevant Recommendations for NRAs'.

APPENDIX D 'List of the Relevant Legislation in Turkey

Regarding Net Neutrality'