In terrestrial broadcasting the channel and frequency are a limited resource. The Law builds their distribution on a plan and a ranking tender.
The Power of Planning - Art. 26/1
The Supreme Council makes, or has made, television channel and radio frequency plans for terrestrial radio and television broadcasts in the national frequency plan, within the framework of the frequency bands allocated to the Supreme Council under Art. 36 of Electronic Communications Law No. 5809 of 5/11/2008.
The frequency plans determine the numbers and types of national, regional and local terrestrial broadcasting networks and the number of multiplexes for digital broadcasts.
Allocation to TRT - Art. 26/2
| Rule | Content |
|---|---|
| Notification | TRT notifies the Supreme Council of the number and coverage areas of the broadcasting services it will provide from the terrestrial medium |
| Decision | The extent to which the requests will be met is decided by the Supreme Council within the framework of the frequency plans |
| Minimum allocation | Capacity of not less than one multiplex is allocated for terrestrial digital broadcasts |
| Minimum use | At least four terrestrial television and four terrestrial radio broadcasts are made with the capacity allocated |
| If not used | A channel, frequency and multiplex not used, or whose use is ended, within two years of the date of allocation is reassessed |
The Other Public Institutions - Art. 26/3
A request by public institutions and organisations for a terrestrial broadcast for the purpose of warning, announcement and education is met by obtaining a service from TRT within the framework of a protocol to be made. No fee is taken from those whose own statutes contain a provision that they may make radio and television broadcasts.
The Ranking Tender - Arts. 26/4 and /5
Four conditions are required in order to take part in the tender:
- To have been established as a radio and television broadcasting company
- To have been active in the field of radio and television broadcasting for at least one year
- To fulfil the preconditions stated in the tender specification
- To obtain a certificate of qualification from the Supreme Council to enter the tender
| Type of broadcast | What is allocated as a result of the tender |
|---|---|
| Terrestrial radio | A radio frequency or multiplex capacity |
| Digital television | Multiplex capacity |
The allocation states the coverage area, the type of broadcast and the multiplex in which the capacity will be placed. Organisations obtaining a terrestrial broadcasting licence must begin broadcasting from all that is allocated to them within two years at the latest.
The Annual Use Fee - Art. 26/6
An annual use fee is taken from public and private media service provider organisations for allocated channels, multiplex capacity and radio frequencies. The fee is determined by the Supreme Council according to the following objective criteria:
- The coverage area of the broadcast by population
- Its type
- The transmitter power
- The band in which the frequency is located
- The level of economic development of the settlement in which the broadcast is made
We cover the fee regime in the licence fee guide.
The Single Transmitter Installation Company - Art. 26/8
That company is established, or participated in, with at least half of its capital belonging to the public; its conditions are determined by the Supreme Council. The company must provide service to all organisations that have obtained a licence on measures of impartiality and fairness and on reasonable and non-discriminatory conditions.
The Implementing Regulation - Art. 26/9
The procedures and principles relating to the application of the frequency plans, to the transition to terrestrial digital broadcasting and to the ranking tender are determined by a regulation to be issued by the Supreme Council. That regulation is not in the set of legislation we hold.
Summary
In terrestrial broadcasting, frequency and channel planning is done by the Supreme Council within the framework of the bands allocated to it under Art. 36 of Law No. 5809. Allocation takes place by a ranking tender, and organisations that have been active for at least one year and have obtained a certificate of qualification may take part. Those obtaining a licence must begin broadcasting within two years at the latest. At least one multiplex is allocated to TRT and at least four television and four radio broadcasts are made with it.