Broadcasting is not only a matter of content but of transmission; and on the transmission side a second authority comes into play. Law No. 6112 makes the connection.
Frequency Allocation
Art. 26 of Law No. 6112: the Supreme Council carries out, or has carried out, television channel and radio frequency planning within the frequency bands allocated to it under Art. 36 of Electronic Communications Law No. 5809 of 5/11/2008, in the national frequency plan for terrestrial radio and television broadcasts.
The same article provides that the frequency plans determine the numbers and types of national, regional and local terrestrial broadcasting networks and the determinations needed for digital broadcasts.
Multiplex Operators
Art. 28: without prejudice to the provisions of Electronic Communications Law No. 5809 and the relevant legislation, the administrative, financial and technical conditions with which multiplex operators must comply are determined by the Supreme Council, and transmission authorisation is granted to organisations meeting those conditions.
Art. 3 of Law No. 6112 defines a multiplex: the method of combining a large number of terrestrial broadcasting services so that they become one or more signals.
- Media service provider companies may also be partners in multiplex operator companies (Art. 28/1).
- Multiplex operators may provide services in the field of transmitting radio, television and on-demand broadcasting services only to organisations that have obtained a terrestrial broadcasting licence from the Supreme Council (Art. 28/2).
- They must stop transmitting broadcasts the Supreme Council has decided to suspend immediately on service of the decision (Art. 28/3).
Platform and Infrastructure Operators
Art. 29 shows the intersection of the two authorities clearly: platform operators authorised by the Information and Communication Technologies Authority to provide electronic communication services, and infrastructure operators carrying out broadcast transmission, are subject to the provisions of this Law in respect of broadcasting services.
| Authority | Field of competence |
|---|---|
| The Information and Communication Technologies Authority (BTK) | Electronic communication services - authorisation |
| The Radio and Television Supreme Council (RTUK) | Broadcasting services - licences, transmission authorisation, broadcasting principles |
Broadcasting Over the Internet
Art. 29/A, added by Law No. 7103 of 21/3/2018, governs the internet side and refers to a third statute: media service providers holding a provisional broadcasting right and/or a broadcasting licence from the Supreme Council may, under those rights and licences, also offer their broadcasts over the internet in conformity with this Law and with Law No. 5651 of 4/5/2007.
The same paragraph: media service providers wishing to offer radio, television and on-demand broadcasting services solely over the internet must obtain a broadcasting licence from the Supreme Council, and platform operators wishing to transmit those broadcasts over the internet must obtain a transmission authorisation from the Supreme Council.
A Separate Licence for Each Environment
Art. 27 completes the picture: media service providers must obtain separate licences for each broadcasting technique and environment in order to broadcast over cable, satellite, terrestrial and similar environments; those wishing to broadcast simultaneously over different environments obtain a separate licence for each and broadcast simultaneously.
We cover the licensing regime as a whole in the licence duration guide and the television licences guide.
Summary
- Law No. 6112 refers to Electronic Communications Law No. 5809 for frequency allocation and to Law No. 5651 for offering broadcasts over the internet.
- The division of powers: BTK authorises electronic communication services, RTUK grants licences and transmission authorisations in respect of broadcasting services.
- Multiplex operators may serve only organisations holding a terrestrial broadcasting licence.