Procedures and Principles Relating to Spectrum Management

Basic Principles and Fundamentals

The Institution, in Spectrum Management;

ensuring effective competition in the electronic communications sector and non-discrimination, providing transparency, ensuring the effective and efficient use of the spectrum, the use and implementation of radio transmissions without causing harmful electromagnetic interference,
the strategies and policies determined by the Ministry of Transport and Infrastructure, as well as the current and future needs of our country,
in the field of electronic communications, the decisions of international and regional organizations such as ITU, IMO, ICAO, and CEPT, bilateral and multilateral agreements, and the EU acquis,
the promotion of the implementation of technological innovations and research-development activities and investments,
prioritizing national security and public order requirements, and emergency needs such as natural disasters and states of emergency,
takes into account the prevention or minimization of harmful electromagnetic interference effects that may occur at borders with neighboring countries during frequency planning and allocation, and ensuring the mutual effective and efficient use of the spectrum.

Preparation and Updating of the National Frequency Plan

1. The frequency range used for electronic communication purposes is the range from 9 kHz to 3000 GHz, and frequencies above 3000 GHz are also included in this range if international regulations are made.

2. In the National Frequency Plan, frequency ranges are divided into nine frequency bands specified in Table–1. Since the frequency unit is Hz, frequencies;

up to 3–3000 kHz (3000 kHz inclusive), kHz,
up to 3–3000 MHz (3000 MHz inclusive), MHz,
up to 3–3000 GHz, GHz

are expressed in those units.

Table–1: Frequency Bands Table

3. The National Frequency Plan is prepared taking into account the basic principles and fundamentals set forth in Article 5. The National Frequency Plan consists of explanations such as general and detailed frequency plans, channel spacing for planned systems, transmission power, authorization procedures, reference information, and short notes. Radio services, radio stations and systems, application terms, and technical terms and abbreviations related to the shared use of frequencies and space, which are used in spectrum management and also included in the National Frequency Plan, are published together with the National Frequency Plan.

4. In the National Frequency Plan, the frequency bands to be used by the Turkish Armed Forces and the frequency bands to be allocated by the Radio and Television Supreme Council for broadcasting purposes are specified separately.

5. The National Frequency Plan and the procedures and principles regarding its implementation are published on the Institution's website and, if appropriate or necessary, may also be published on the websites of international and regional administrations such as ITU and CEPT of which it is a member.

Frequency Allocation

Click for the Frequency Allocation Scheme.

1. Those who wish to install and operate radio equipment or systems are obliged to have the frequency assignment procedures carried out by the Authority. However, no assignment procedure is carried out for frequencies to be used in radio equipment and systems specified in the Regulations published by the Authority as not requiring any radio installation and use permit or radio license. Radio equipment and systems that can be used without any radio installation and use permit or radio license may be used by operators or users authorized by the Authority without causing any electromagnetic interference on the radio equipment and systems of other authorized operators or users, and the users of these equipment and systems are obliged to accept electromagnetic interference that may arise from the operation of other radio systems on assigned and registered frequencies.

2. In frequency assignments, priority is given to the Turkish Armed Forces, including the needs of the Ministry of Foreign Affairs, the Gendarmerie General Command, and the Coast Guard Command, the Undersecretariat of the National Intelligence Organization, the General Directorate of Security, and emergency needs.

3. The Turkish Armed Forces and the Radio and Television Supreme Council conduct and implement frequency planning in the frequency bands assigned to them by the Authority within the framework of the National Frequency Plan.

4. Channel planning in frequency assignments is carried out taking into account the decisions of international organizations such as ITU, IMO, ICAO, EU, and CEPT.

5. Frequency assignments to operators subject to authorization are made for a period not exceeding the duration specified in the usage right authorization document.

6. Frequency assignments to users of radio systems not subject to authorization are made together with a radio system installation and use permit, for a maximum of five years and, if necessary, on the basis of shared use. The usage period of the assigned frequencies is equal to the duration of the granted system installation and use permit. Requests from radio system users who document their continued need for the system at the end of the period are evaluated, and the frequency usage period of those deemed appropriate is extended.

7. Frequencies to be assigned for all kinds of maritime and aeronautical band radio communication and navigation safety equipment and systems for which system installation, having installed, and use permits and licensing procedures are carried out by the Directorate General of Coastal Safety are determined by the Authority.

8. In frequency assignments, minimum restrictive measures may be taken regarding the number or amount of frequencies to be assigned in order to ensure that radio communication needs are sufficiently met. In addition, the Authority may impose necessary restrictions on technical parameter values such as the usage location of the system, transmitter power, antenna type, antenna direction, and antenna height for the assigned frequencies.

9. The Authority takes the necessary measures to ensure that the frequencies assigned to the operator under the usage right are clean and free from harmful electromagnetic interference.

Frequency Registration

1. Those wishing to install and operate radio equipment or systems are required to have the frequency registration procedures carried out by the Authority. However, no registration is required for frequencies to be used in radio equipment and systems specified in the Regulations published by the Authority as not requiring any radio installation and use permit or radio license.

2. The national registrations of the assigned frequencies;

After the notification to be made by the operators to the Authority following the installation and commissioning of their electronic communications infrastructure or network,
Following the granting of the radio system installation and use permit to radio system users not subject to authorization,
For frequencies assigned to the Turkish Armed Forces, Gendarmerie General Command, Coast Guard Command, and, in matters related to the fields of duty specified in their establishment laws, the Ministry of Foreign Affairs, Telecommunications Communication Presidency, National Intelligence Organization Undersecretariat, and General Directorate of Security, following the notification to the Authority regarding the systems they have established

shall be made taking into account the assignment period.

3. International frequency registration procedures at the ITU are carried out by the Authority. International frequency registration procedures conducted at the ICAO are carried out in coordination with the General Directorate of Civil Aviation.

Frequency Change

1. In cases where the communication environment cannot be provided in the assigned frequencies or electromagnetic interference cannot be eliminated despite technical regulations, the assigned frequencies and frequency bands may be changed by the Authority. In addition, parallel to the changes to be made in the National Frequency Plan within the framework of new planning that can be made in line with technological developments, arrangements to be made by the Authority for the effective and efficient use of the spectrum, or regulations of international organizations to which it is a party, the frequencies assigned and registered to the operator or user shall be protected as much as possible. If deemed necessary by the Authority, by obtaining the opinion of the operator or user, any kind of change, including cancellation, may be made by the Authority in the frequencies assigned and registered to the operator or user. In changing the frequencies of operators holding a limited number of usage rights, the provisions in the tender specification and the usage right authorization document shall additionally be taken into consideration.

2. For concession agreements, transactions regarding the withdrawal of the assigned frequency resource, making changes thereto, and additional frequency assignments shall be carried out in accordance with the procedures and principles specified in the relevant tender specification and/or contract.

3. In the event of any harmful electromagnetic interference, the primary principle is the protection of frequencies assigned to operators. Additionally, in the event of any harmful electromagnetic interference in the assigned frequencies, the frequencies of the operator and/or user whose first frequency assignment and registration was made shall be protected.

4. The Authority shall grant the operator or user a reasonable period for frequency changes. The operator or user shall not claim any rights from the Authority or subscribers for expense items arising during the adaptation process to the changes to be made in the National Frequency Plan.

Frequency Coordination

1. International frequency coordination procedures for land, air, sea, satellite, radio and television broadcasting services are carried out by the Authority through bilateral or multilateral agreements with neighboring and relevant countries, and in the absence of such agreements, within the framework of ITU and CEPT procedures. International frequency coordination conducted at ICAO is carried out in coordination with the General Directorate of Civil Aviation.

2. In the event that a harmful electromagnetic interference originating from systems used in neighboring countries by operators or users is reported or such interference is detected, the procedures for resolving the issue with the neighboring countries are carried out by the Authority.

3. The operator is obliged to comply with the Authority's regulations on frequency allocation and registration, the National Frequency Plan, and any changes thereto. The operator shall take all necessary measures in accordance with national legislation and the procedures, criteria, and frequency coordination parameters stipulated in international agreements to which Turkey is a party, in order to prevent harmful electromagnetic interference with other operators in Turkey and neighboring countries. Within this scope, operators may enter into mutual agreements with other operators in neighboring countries, provided that they coordinate with the Authority and obtain its opinion.

Reclamation and Cancellation of Allocated Frequencies

1. Within the framework of new planning that can be made in line with technological developments and decisions of international organizations to which Turkey is a party, the Institution, if deemed necessary, by coordinating also with relevant parties, in a manner that does not create vulnerabilities in state security and intelligence or in the execution of ongoing activities;

frequencies assigned to operators and users without a limited number,
frequency bands assigned to the Turkish Armed Forces and the Radio and Television Supreme Council

may reclaim a part or all of them.

2. The matter of reclaiming the frequencies of the operator holding a limited number usage right shall be regulated in the relevant tender specification and the usage right authorization document.

3. Operators authorized within the scope of unlimited number usage right may request additional time from the Institution by stating their reasons for not commencing service within one year from the date of authorization. The Institution may grant an additional period not exceeding six months to this operator. The Institution reclaims the assigned frequency resource unless there are objective reasons to the contrary, in cases where the operator does not commence service within one year from the date of authorization and does not request any additional time, or does not commence service within the granted additional time. In this case, the Institution notifies the operator of its decision to reclaim the assigned frequency resource, along with the reason, specifying a certain period until the reclamation. The operator is obliged to make the necessary arrangements in accordance with the provisions of this paragraph within the period to be determined by the Institution.

4. In the event that users granted permission to establish and use radio devices and systems do not establish their system by the end of the granted period, including any extension, the permission granted and the assigned frequencies are canceled.

5. In the event of renunciation of the use of assigned frequencies, the assigned frequencies are canceled.

6. The Institution does not assume any obligation in the cancellation or reclamation of frequencies.

7. The Institution may allocate or assign the reclaimed frequencies to operators or users in accordance with the provisions of the legislation.