Authorization Regime

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

Companies wishing to provide electronic communications services and/or to establish and operate a network or infrastructure must notify the Authority in accordance with the Authority's regulations before commencing operations.

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

The Authority determines the electronic communications services for which usage rights need to be granted and whether the number of usage rights related to 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 the appropriate 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 the efficient and effective use of resources. In the event of limitation of the number of usage rights;

1. The authorization policy, service commencement time, authorization duration, and criteria such as the number of operators that will provide the service for electronic communications services that include satellite position and nationwide frequency band usage and need to be operated by a limited number of operators are determined by the Ministry, and the authorization is carried out by the Authority. However, the Ministry may itself conduct tenders for electronic communications services that include nationwide frequency band usage and need to be operated by a limited number of operators when deemed necessary.
2. Excluding the matters specified in the first item, the necessary procedures for the provision of electronic communications services by a limited number of operators and/or for the establishment and operation of electronic communications networks and infrastructure are carried out by the Authority.

Operators authorized with telecommunications 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 to have obtained usage rights limited to the duration of their authorizations where necessary. Duty and privilege contracts signed with the Authority before the entry into force of Law No. 5809 continue their validity in accordance with their existing provisions until termination due to expiration, termination, cancellation, or any other reason. Companies authorized with any of the aforementioned authorization types acquire the status of Operator and are subject to rights and obligations in accordance with the relevant legislation.