Radio is subject to a different regime from a newspaper. For a newspaper a declaration is enough; for radio a broadcasting licence from RTUK is required. The source of the difference is constitutional: Art. 133 leaves the establishment of radio and television stations free within conditions to be laid down by law.
First Condition: The Company Structure
Art. 19/1(a) of Law No. 6112 is clear: a broadcasting licence is issued to joint stock companies formed under the Turkish Commercial Code exclusively for the purpose of providing radio, television and on-demand broadcasting services.
| Condition | Content |
|---|---|
| Company type | A joint stock company - no other type is accepted |
| Purpose | Exclusively to provide broadcasting services |
| How many services | One company may provide one radio, one television and one on-demand service |
| Shares | Must be registered shares (subpara. c) |
| Usufruct certificates | May not be created in favour of any person (subpara. c) |
| Privileged shares | Neither domestic nor foreign shareholders may hold them (subpara. g) |
Second Condition: Who Cannot Hold a Licence
Art. 19/1(b) lists a prohibition. No broadcasting licence may be issued to the following, and they may not be direct or indirect partners in media service providers:
- Political parties
- Trade unions
- Professional organisations
- Cooperatives
- Unions
- Associations
- Local authorities
- Companies established by them or in which they are direct or indirect partners
- Capital market institutions and the natural and legal persons who are their direct or indirect partners
Third Condition: Ownership Limits
| Limit | Value | Subpara. |
|---|---|---|
| Number of terrestrially licensed organisations one person may be a partner in | At most four | d |
| Share of commercial communication revenue | May not exceed thirty per cent of the sector total | d |
| Foreign capital share | May not exceed fifty per cent of the paid-in capital | f |
| Number of organisations one foreigner may be a direct partner in | At most two | f |
Where the thirty per cent limit is exceeded, a share transfer is made within a ninety-day period given by the Supreme Council; if it is not, an administrative fine is applied for each month. We deal with the foreign ownership side in the foreign ownership guide.
Fourth Condition: A Separate Licence for Each Environment
Art. 27/1: to broadcast over cable, satellite, terrestrial and similar environments, media service providers must obtain separate licences from the Supreme Council for each broadcasting technique and environment. The technique and environment for which the licence is issued is expressly stated on the licence document.
Broadcasting Over the Internet
Art. 29/A: media service providers wishing to offer radio, television and on-demand broadcasting services solely over the internet must also obtain a broadcasting licence from the Supreme Council. Organisations that hold a licence may offer their broadcasts over the internet as well under their existing licence.
After Broadcasting Begins
| Obligation | Article |
|---|---|
| Compliance with the broadcasting service principles | Art. 8 |
| Notifying the broadcast type (general/thematic) | Art. 14 |
| A viewer/listener representative - at least ten years of professional experience | Art. 22 |
| Press-card-holding staff in the news unit - the minimum number set by the Supreme Council | Art. 23 |
| Retaining the record of a broadcast under investigation | The provision before Art. 26 |
The Supreme Council's Power of Refusal
Summary
- Starting a radio station requires a joint stock company formed exclusively to provide broadcasting services, with registered shares, and a broadcasting licence from RTUK.
- Political parties, associations, unions, professional organisations and local authorities cannot hold a licence.
- A separate licence is obtained for each broadcasting technique and environment; internet-only broadcasting is also licensed.