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a new converged framework that covers all ICT sector.5.4. Proposals to Deal with Challenges of Convergence in TurkeyIt is clear from the analysis at the above section that current regulatory framework inTurkey is not formed to deal with challenges of convergence. Current separateregulatory framework is a burden to market players willing to provide convergedservices. This is a disincentive fact obstructing the development of convergence. It isa fact that convergence challenges traditional notions of regulation, implying theneed for a new approach. EC, ITU and OECD together highlight that convergence inservices and markets necessitates convergence of laws, may also necessitate theconvergence of institutions as stated above sections. In this sense, a revision ontraditionally separate regulatory framework in the country is necessary. However it isstated by OECD (2004), that integration of formerly separate legal and policyframeworks is not simple (p.3).At this point it is important to decide how to define the new regulatory approach. Asstated above sections, there are a couple of different approaches recommended byinternational and regional bodies. Amongst them, progressively introducing a newregulatory model to cover whole range of existing and new services is interpreted tobe the best for Turkey, in order to provide a regulatory environment with a horizontalapproach covering all services where sector specific rules left their place tocompetition policy.The new converged regulatory framework should pay attention to universal serviceissue and ensure that access to basic services should be provided. However as it isanalyzed in Section 2.3.4.1. universal service in telecommunications andbroadcasting sectors have different dimensions and there is no need for an integrateduniversal service policy. Also, towards the recommendations of OECD and ITU,carriage and content should have separate regulatory arrangements. As culturalconcerns related to content regulation are still exist, content should be regulatedintently in a convergent environment. Further, as globalization is a phenomenon oftoday‟s world, cultural issues regarding protection of national values gain moreimportance. Taking these into account, it is interpreted that content should be43
egulated by a separate unit within the body of new converged regulator as it is thecase in UK.While forming new regulatory framework, quality of service, security, privacy andintellectual property rights issues should be paid attention and necessary measuresshould be taken in order to constitute a regulatory framework addressing protectionof intellectual property rights, security and privacy issues in order to protectconsumers and citizens. Consumer protection maintains its importance and allnecessary measures should be taken in the new regulatory framework in order toprotect consumers in a converging environment.As it is stated above sections, there is a trend to move towards one convergedregulator across the countries with developed economies. As coordination,consistency and technologically neutral policies that are necessitated by convergencemay be more easily accomplished with a single regulatory body, foundation of aconverged regulator covering telecommunications, broadcasting and informationtechnologies sectors in Turkey is considered to be appropriate. For that purposeRTSB and ICTA should be merged. CA is considered to be out of this structure.According to OECD (2004), in most of the countries, economic regulation issuessuch as price and interconnection are not being dialled with competition regulation,but the only exception is Australia. (p.20). As telecommunications sector is at anearly stage of competition, it is considered as an early period to propose a change foreconomic regulation issues to be handled by CA in Turkey.A new converged framework and regulator is considered to overcome thecoordination problem between separate regulatory agencies, solve the problemsstemming from administration of spectrum by different institutions, encouragemarket players to invest in ICT sector and serve the aim of consumer protectionbetter by one stop solution. However, it is an important point that sector specificformation in this new converged regulator should be avoided as it may leave in placethe current vertical regulatory structure. In such a case, the new converged regulatorwouldn‟t be effective to apply same rules on all network infrastructures regardless ofthe service carried.44
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