Precautions in Walkie-Talkie Installation and Usage

According to paragraph (b) of the first subsection of Article 36 of Law No. 5809 on Electronic Communications, “Those who wish to establish and operate radio equipment or systems are obliged to have frequency assignment and registration procedures carried out by the Authority. However, no assignment and registration procedure is carried out for frequencies to be used in radio equipment and systems that do not require any radio establishment and use permit or radio license as specified in Article 37 of this Law.[1]” and in the first subsection of its Article 37, “With the reservation of the provisions specified in the relevant law regarding radio and television broadcasts, users of radio equipment or systems that require frequency assignment for operation as specified in the Authority's regulations are obliged to obtain radio establishment and use permit and radio license. Users within this scope are obliged to establish and use their radio equipment or systems in accordance with the principles specified in the Authority's regulations and the radio license.” Therefore, those who wish to establish and operate radio equipment or systems are obliged to have frequency assignment procedures carried out by the Authority. Users with radio equipment systems must comply with the following obligations and other obligations specified in the relevant legislation.

1. Only the minimum technical values are specified in the assignment document issued by the Authority, and details regarding the assignment can be accessed by the user's relevant authorized person by querying the relevant Assignment No. from SMAS (Spectrum Engineering and Analysis System) at “https://kurumsal.btk.gov.tr/” .

2. The user is obliged to fully comply with all details regarding the permit/assignment and to use devices compliant with the Authority's technical regulations when establishing or having the radio equipment and system established.

3. The user cannot make installations or uses outside the values specified in the assignment without permission from the Authority. If they wish to make a change in this scope, they must first obtain permission from the Authority and update their permit/assignment.

4. Users with radio system establishment and use permits must obtain permission from the Authority for each additional radio equipment or frequency they add to their systems.

5. The user is obliged to establish the radio system for which they have obtained permission within six months from the date of the permit/assignment. In area-based assignments, the user is additionally obliged to notify the Authority of the systems established within the scope of the permit following the establishment. The same system establishment time limit applies to point-based assignments. The user may request an extension from the Authority by stating their reasons. The Authority may grant an additional period not exceeding six months to the relevant user. If users granted radio equipment and system establishment and use permits do not establish their system by the end of the granted period, including any extension, the permit is canceled and notified to the user.

6. For radio system users who have obtained permission from the Authority, if they completely discontinue the use of their systems and notify the Authority in writing, or if it is detected by the Authority that the radio system has been removed; the granted radio system establishment and use permits and licenses are canceled.

7. Users whose radio equipment and system establishment and use permits and licenses are canceled cannot use these devices until a new permit is obtained.

8. Users are obliged to notify the Authority of changes in the notification addresses they have reported to the Authority, at the latest within one month from the date the change occurs, via registered mail with return receipt and through SMAS. In case of non-compliance with the specified notification obligation, the existing address in the Authority's records is accepted as the notification address, and any notifications made to this address are deemed to have been duly served to the relevant party without acknowledgment of receipt.

9. In addition to the notification address, other notifications that are not mandatory to be served by mail but will assist the user in conducting their business and transactions are made by e-mail through the SMAS system, and the current e-mail address must be correctly and up-to-date in the SMAS system.

10. The Authority is authorized to inspect or have inspected the radio system or devices.

11. Radio equipment or systems for which establishment and use permits and licenses are required, contrary to Law No. 5809 on Electronic Communications (EHK) and the Regulation on Procedures and Principles Regarding Radio Operations,

·Sale, establishment, operation, and use of radio equipment or systems for which establishment and use permits and licenses are required, without permission from the Authority,
·Use for violating national security even if the necessary radio equipment and system establishment permits have been obtained,
·Failure to take the necessary measures within the period determined by the Authority to remedy the violation in cases where radio systems are established, operated, their physical location, frequency, and other technical features are changed in a manner not compliant with the Authority's regulations and the issued radio license, and used for purposes other than intended,
·Upon detection of electromagnetic interference or any other disruptive effects on other electronic communication systems due to failure to operate radio systems in accordance with the techniques and procedures specified in the Authority's regulations, failure to take the necessary measures within the period determined by the Authority to eliminate the said electromagnetic interference or disruptive effects,

in such cases; in accordance with the provision in the first subsection of Article 40 of EHK titled “Spectrum monitoring and supervision” stating “The supervision of the establishment and operation of radio equipment or systems in accordance with the specified techniques and procedures, detection and elimination of electromagnetic interferences, cooperation with security units within the framework of legislation on radio activities concerning state and personal security, national and international spectrum monitoring, supervision, and inspection activities are carried out by the Authority within the framework of the procedures and principles it determines.” and Article 25 of the Information Technologies and Communication Authority Organization Regulation stating

a) To control the establishment and operation of licensed or permitted radio equipment or systems in accordance with the specified techniques and procedures.

b) To monitor and supervise the frequency spectrum, make regulations related thereto, take necessary measures, and implement sanctions.

c) To detect illegal broadcasts in radio communications and terminate their activities, to detect unauthorized broadcasts and electromagnetic interferences and ensure necessary measures are taken” and other relevant procedures and principles, necessary detections are made, and procedures (such as filing a criminal complaint with prosecutors for judicial penalties, etc.) are carried out within the framework of Article 63 of EHK titled “Penal Provisions” and other relevant legislation against non-compliant uses.

[1] https://www.btk.gov.tr/frekans-tahsisinden-muaf-telsiz-cihaz-ve-sistemleri