The route to starting a television channel sits under the same roof as radio, but terrestrial broadcasting has an extra stage: frequency planning and a tender.
Step 1 - The Company
Law No. 6112 Art. 19/1-a: 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. One company may provide only one radio, one television and one on-demand broadcasting service.
Shares must be registered; usufruct certificates may not be created, and neither domestic nor foreign shareholders may hold privileged shares.
Step 2 - The Broadcasting Licence
Art. 27/1: to broadcast over cable, satellite, terrestrial and similar environments, a separate licence is obtained for each broadcasting technique and environment, and the environment for which the licence is issued is expressly stated on the licence document.
| Environment | Is a separate licence required? |
|---|---|
| Terrestrial | Yes - plus frequency planning and a tender |
| Satellite | Yes |
| Cable | Yes |
| Internet only | Yes - Art. 29/A |
| More than one environment | A separate licence for each + simultaneous broadcasting |
Step 3 - Frequency and Tender in Terrestrial Broadcasting
Art. 26: 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 the Electronic Communications Law in the national frequency plan for terrestrial radio and television broadcasts. The numbers and types of national, regional and local terrestrial broadcasting networks are determined in the frequency plans.
Step 4 - Notifying the Broadcast Type
Art. 14: broadcasting services may be general or thematic in content. Media service providers notify the Supreme Council in writing of the type of their broadcasts at the time of the licence application, and the type is expressly stated on the licence document.
The same article: broadcasting services must be provided in the type notified to the Supreme Council and in the language chosen. The type may be changed on request with the Supreme Council's permission.
Step 5 - Transmission
Art. 28: 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. So transmission is not possible without a licence either.
Art. 29: platform operators authorised by the Information and Communication Technologies Authority and infrastructure operators carrying out broadcast transmission are subject to Law No. 6112 in respect of broadcasting services.
Who Cannot Hold a Licence
The prohibition list in Art. 19/1-b applies to television too: political parties, trade unions, professional organisations, cooperatives, unions, associations, local authorities and the companies they establish or in which they are partners, together with capital market institutions.
Obligations After Broadcasting Begins
- Broadcasting service principles - Art. 8; breaches carry warnings, programme suspension and, on repetition, sanctions up to revocation of the licence
- A viewer representative - with at least ten years of professional experience, announced to the public and notified to the Supreme Council (Art. 22)
- Press-card-holding staff in the news unit - the minimum number set by the Supreme Council, and that staff is subject to Law No. 5953 (Art. 23)
- Retaining the broadcast record - the record of a broadcast under investigation or prosecution is kept until the proceedings conclude
We deal with the sanctions side in the RTUK fine guide and the licence revocation guide.
Summary
- Starting a television channel requires a joint stock company formed exclusively for broadcasting, an RTUK broadcasting licence issued separately for each environment, a tender process tied to frequency planning in terrestrial broadcasting, and the broadcast type stated on the licence.
- The licence period is ten years and a terrestrial broadcasting licence cannot be transferred.