The order of obtaining a broadcasting licence is scattered through the Law. This article puts the provisions in order.
Step 1: Establishing the Company - Art. 19/1-a
A broadcasting licence is given to joint stock companies established under the provisions of the Turkish Commercial Code for the exclusive purpose of providing radio, television and on-demand broadcasting services.
- Type of company: a joint stock company
- Purpose: exclusively to provide broadcasting services
- The shares must be registered (Art. 19/1-c)
- There may be no privileged shares (Art. 19/1-g)
- The articles of association may contain no provision contrary to the Law
Step 2: Checking the Ownership Limits
| Limit | Value | Basis |
|---|---|---|
| Organisations with a terrestrial licence in which one may be a partner | At most four | Art. 19/1-d |
| Total commercial communication revenue | May not exceed 30% of the sector's | Art. 19/1-d |
| Direct foreign capital | May not exceed 50% of the paid-up capital | Art. 19/1-f |
| Organisations in which a foreigner may be a direct partner | At most two | Art. 19/1-f |
| Kinship | The shares of spouses and of blood and affinal relatives up to the third degree are counted as if they belonged to the same person | Art. 19/1-e |
We cover the detail in the shareholding guide.
Step 3: Determining the Medium and the Licence Type - Art. 27/1
A separate licence is obtained for each broadcasting technique and medium: cable, satellite, terrestrial, internet and the like. The medium for which the licence is given is expressly stated in the licence document.
The broadcast type - general or thematic - is also determined (Art. 14). We cover the detail in the general and thematic guide.
Step 4: The Ranking Tender for Terrestrial Broadcasting - Art. 26/4
- To have been established as a radio and television broadcasting company
- To have been active in the field of broadcasting for at least one year
- To fulfil the preconditions in the tender specification
- To obtain a certificate of qualification from the Supreme Council
Step 5: Meeting the Conditions and Applying - Art. 37/1-c
The Supreme Council determines the administrative, financial and technical conditions necessary to be able to request a broadcasting licence and gives a licence to those meeting the conditions. Those conditions are contained in the Supreme Council's regulatory acts.
Step 6: The Possibility of Refusal - Art. 19/2
(Added: 2/1/2017-Decree-Law No. 680/19; Enacted as it stood: 1/2/2018-7072/18) The Supreme Council may refuse licence requests, on obtaining also the opinion of the institutions concerned, for reasons arising from the requirements of national security, the protection of public order and the public interest.
Step 7: The Fees - Arts. 41 and 42
| Fee | Payment |
|---|---|
| The broadcasting licence fee | The first instalment before the licence document is given; the rest in ten equal instalments, by the last day of February each year |
| The annual channel/frequency/multiplex use fee | In four equal instalments in January, April, July and October each year |
| The Supreme Council share | 1.5% of the monthly gross commercial communication revenue - by the twentieth of the third month following the month in which it is obtained at the latest |
We cover the detail in the licence fee guide.
Step 8: Going on Air and the Continuing Obligations
- Those obtaining a terrestrial licence must begin broadcasting from all that is allocated to them within two years at the latest (Art. 26/5).
- The imprint, contact and address details, the registered electronic mail address and the name and contact details of the viewer representative are notified to the Supreme Council and published on the website (Art. 6/5).
- The logo and call sign are registered (Arts. 3, 21).
- Broadcast recordings are preserved (Art. 25).
- A monthly commercial communication revenue declaration is submitted - even if no revenue has been obtained (Art. 42/3).
We cover those in the viewer representative guide, the logo guide and the recording retention guide.
Summary
For a broadcasting licence a joint stock company with the exclusive purpose of broadcasting is first established; the ownership, foreign capital and concentration limits (Art. 19) are met; and a separate licence is obtained for each medium (Art. 27). For terrestrial broadcasting at least one year of activity and a ranking tender are required (Art. 26). The Supreme Council may refuse the request on grounds of national security, public order and the public interest (Art. 19/2). After the licence is obtained, the fee, imprint, recording and declaration obligations run continuously.