Authorization Regime

In the new authorization regime introduced by Law No. 5809 on Electronic Communications, authorizations are granted through notification or the granting of usage rights in accordance with the provisions in our legislation.

Companies wishing to provide electronic communications services and/or to establish and operate a network or infrastructure notify the Authority within the framework of the Authority's regulations before commencing operations.

Companies that notify the Authority, if they do not require allocation of resources such as numbers, frequencies, or satellite positions for the electronic communications services they wish to provide and/or for the electronic communications network or infrastructure they wish to operate, are authorized upon notification in accordance with the procedures and principles determined by the Authority; if they require resource allocation, they are authorized upon obtaining usage rights from the Authority.

The Authority determines the electronic communications services for which usage rights are required to be granted and whether the number of usage rights for these services needs to be limited. For electronic communications services determined not to require limitation of the number of usage rights, usage rights are granted by the Authority following a duly made application.

The number of usage rights may be limited only in cases where resources need to be operated by a limited number of operators and to ensure efficient and effective use of resources. In the event of limitation of the number of usage rights;

1. The authorization policy regarding electronic communications services that include satellite position and nationwide frequency band usage and that need to be provided by a limited number of operators, as well as criteria such as the service commencement time, authorization period, and the number of operators to provide the service, are determined by the Ministry, and the authorization is carried out by the Authority. However, in cases deemed necessary by the Ministry, tenders related to electronic communications services that include nationwide frequency band usage and need to be provided by a limited number of operators may also be conducted directly by the Ministry.
2. Except for the matters specified in the first item, the necessary procedures regarding the provision of electronic communications services by a limited number of operators and/or the establishment and operation of electronic communications networks and infrastructure are carried out by the Authority.

Operators authorized with telecommunication licenses or general permits before the entry into force of Law No. 5809 are deemed to have notified the Authority in accordance with this Law or, where necessary, to have obtained usage rights limited to the duration of their authorizations. Duty and privilege agreements signed with the Authority before the entry into force of Law No. 5809 continue to be valid in accordance with their existing provisions until their expiration, termination, cancellation, or termination for any other reason. Companies authorized under any of the authorization types mentioned above acquire the status of Operator and are subject to the rights and obligations in accordance with the relevant legislation.