The one who produces the broadcast and the one who delivers it to the viewer are different actors. Article 29 governs the obligations of the delivering side.
Who Is Within the Scope? - Art. 29/1
Platform operators authorised by the Information and Communication Technologies Authority to provide electronic communications services, and infrastructure operators transmitting broadcasting services, are subject to the provisions of this Law as regards broadcasting services.
Three Basic Obligations
| Obligation | Content | Para. |
|---|---|---|
| Obtaining authorisation | The administrative, financial and technical conditions relating to transmission activities are determined by the Supreme Council; a broadcast transmission authorisation is given to those meeting the conditions | 1 |
| Not discriminating | Platform operators must provide service to media service providers on measures of impartiality and fairness and on reasonable and non-discriminatory conditions | 1 |
| Notification | They must notify the Supreme Council of the broadcasting services they will transmit | 2 |
The Obligation to Stop Transmission - Art. 29/3
Platform and infrastructure operators stop the transmission of the broadcasting services of the following organisations following the notification of the Supreme Council's decision:
- Media service providers that have not obtained a broadcasting licence from the Supreme Council,
- Media service providers whose broadcasting licence has been revoked,
- Media service providers under the jurisdiction of another country that the Supreme Council has established broadcast contrary to the international agreements to which the Republic of Turkey is a party and to the provisions of this Law.
A Comparison with the Multiplex Operator
| Multiplex - Art. 28 | Platform / infrastructure - Art. 29 | |
|---|---|---|
| Medium | Terrestrial digital | Cable, satellite and the like |
| Whom they serve | Only organisations with a terrestrial broadcasting licence | Media service providers - on non-discriminatory conditions |
| Charge | Not governed in the article | Determined with the approval of the Supreme Council |
| Notification | Not governed in the article | The broadcasting services to be transmitted are notified to the Supreme Council |
| Suspension | Immediately - otherwise the authorisation is revoked | Following notification - otherwise the authorisation is revoked |
We cover the multiplex regime in the multiplex guide.
Internet Platforms
The transmission of broadcasts over the internet is separately governed in Art. 29/A. The fourth paragraph of the same article draws a limit: individual communication is not assessed within the scope of that article, and platforms not dedicated to transmitting radio, television and on-demand broadcasting services over the internet, and natural and legal persons merely hosting those services, are not deemed platform operators.
We cover the detail in the internet broadcasting guide.
Summary
Under Art. 29 of Law No. 6112 platform operators and infrastructure operators transmitting broadcasting services are subject to that Law as regards broadcasting services. They must obtain a broadcast transmission authorisation from the Supreme Council, notify the broadcasting services they transmit and provide service to media service providers on measures of impartiality and fairness and on non-discriminatory conditions. The service charges are determined with the approval of the Supreme Council. The authorisation of those who do not stop the transmission of unlicensed broadcasts or broadcasts whose licence has been revoked is itself revoked.