Radio Devices and Systems Exempt from Frequency Allocation
In accordance with the provision in the third paragraph of Article 37 of the Electronic Communications Law (ECL) No. 5809 dated 05/11/2008, titled “Principles regarding radio installation and use permits, radio licenses, and related matters,” which states: “Radio devices and systems approved by the Authority, operating in frequency bands and output powers allocated for special purposes that do not require frequency allocation as determined in the Authority's regulations, can be used without the need for any radio installation and use permit or radio license,” the Information Technologies and Communication Authority determines the procedures, principles, and technical criteria to be applied for radio device systems exempt from frequency allocation.
FTM Regulation
The “Regulation on Radio Devices and Systems Exempt from Frequency Allocation” (FTM Regulation) published in the Official Gazette dated 27/11/2018 and numbered 30608, the “Regulation on Short-Range Devices (SRD)” published in the Official Gazette dated 11/09/2012 and numbered 28408, and the “Regulation on Private Radio Systems” published in the Official Gazette dated 18/07/2009 and numbered 27292 have been repealed, and the legislation regarding exemption from frequency allocation has been updated and consolidated in line with international developments (CEPT, ITU, EU decisions) and national needs.
In addition, the “Regulation on Radio Devices with Automatic Frequency Scanning Feature” put into effect by the Ministry of Transport and Infrastructure and published in the Official Gazette dated 08/03/1986 and numbered 19041 has been repealed by the “Regulation on the Repeal of the Regulation on Radio Devices with Automatic Frequency Scanning Feature” published in the Official Gazette dated 27/11/2018 and numbered 30608.
No guarantee of an interference-free electromagnetic environment is provided for the frequency bands within the scope of the FTM Regulation; the number of devices sharing the same band in environments potentially subject to electromagnetic interference may vary depending on the design, quality, and resilience of the devices used.
Technical Criteria
In accordance with the provision in the first paragraph of Article 6 of the FTM Regulation, “Technical Criteria are determined by the Authority and published on the Authority's official website; ...” the relevant “Technical Criteria Related to Radio Devices and Systems Exempt from Frequency Allocation” (Technical Criteria) are published on our Authority's website and periodically updated with the decisions of the Information Technologies and Communication Board.
The Technical Criteria include restrictions on frequency bands designated for short-range devices, ultra-wideband devices, and private radio systems (narrow-area radio paging systems, Citizens Band (CB) radio devices, wireless audio broadcasting systems, Amateur radio stations, wireless transition systems, receive-only devices) to be used without causing harmful electromagnetic interference to other radio devices and systems and without claiming protection from electromagnetic interference originating from them.
For exemption from radio license, radio installation and use permit, and frequency allocation and registration procedures, it is necessary to fully comply with the criteria related to the relevant frequency band specified in the Technical Criteria. Otherwise, exemption from frequency allocation and registration procedures for the said frequency bands will be lost in accordance with Articles 36 and 37 of the ECL.
Sanctions and Other Obligations
For uses made without complying with these obligations; in accordance with the provision in the first paragraph of Article 40 of ECL No. 5809, titled “Spectrum monitoring and inspection,” which states: “Monitoring the installation and operation of radio devices or systems in accordance with specified technical standards and procedures, detection and elimination of electromagnetic interferences, cooperation with security units on radio activities concerning state and personal security within the framework of legislation, and national and international spectrum monitoring, inspection, and outsourcing of inspection activities are carried out by the Authority in accordance with the procedures and principles it determines,” and Article 25 of the Information Technologies and Communication Authority Organization Regulation, which states: “a) To control the installation and operation of licensed or permitted radio devices or systems in accordance with specified technical standards and procedures.
b) To monitor and inspect the frequency spectrum, make arrangements related thereto, take necessary measures, and apply sanctions.
c) To detect and terminate illegal broadcasts in radio communications, 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 criminal complaints with prosecutors for judicial penalties, etc.) are carried out under Article 63 of the ECL titled “Penal Provisions” and other relevant legislation for non-compliant uses.
The FTM Regulation only defines exemption from frequency allocation, and no exemption is provided from other obligations specified in the relevant legislation, including authorization, spectrum monitoring and inspection, market surveillance and inspection, and privacy of communications and personal data. In other words, the use of frequencies within the scope of the FTM Regulation is not entirely free, and compliance with different obligations under other legislation may be required.
For example, while exemption from frequency allocation is provided for the said band if all technical criteria related to any frequency band in the Technical Criteria are complied with, whether the service provided using the said frequency band is subject to authorization is evaluated separately by our Authority under Articles 8 and 9 of the ECL, the Authorization Regulation in the Electronic Communications Sector, and other relevant regulations, and if there is non-compliance with the said regulations, necessary procedures are carried out in accordance with the relevant provisions of Articles 9 and 63 of the ECL.
In addition, “receive-only” devices that do not require frequency allocation for use/operation are exempt from frequency allocation if they comply with the restrictions in the Technical Criteria; however, this exemption does not provide any exemption from other obligations in the relevant legislation, including privacy of communications and personal data (e.g., Article 22 of the Constitution, Article 51/2 of the ECL, etc.), nor does it constitute a basis for non-compliance with such obligations. Furthermore, the said exemption for “receive-only” devices does not cover those who need permission under the first paragraph of Article 45 of the ECL, titled “Radio devices to be used by foreigners in prohibited areas,” which states: “Issuance of radio installation and use permits and radio licenses for receive-only radio devices other than transmitters, transceivers, and devices used to receive radio and television broadcasts for foreigners permitted to be in prohibited areas is subject to the approval of the General Staff.”
In this context, with the repeal of the “Regulation on Radio Devices with Automatic Frequency Scanning Feature” put into effect by the Ministry of Transport and Infrastructure and published in the Official Gazette dated 08/03/1986 and numbered 19041 by the “Regulation on the Repeal of the Regulation on Radio Devices with Automatic Frequency Scanning Feature” published in the Official Gazette dated 27/11/2018 and numbered 30608, “receive-only” radio devices and systems that previously did not require frequency allocation under the said regulation can be used within the scope of the FTM Regulation; however, this does not provide any exemption from other obligations in the relevant legislation, including privacy of communications and personal data (e.g., Article 22 of the Constitution, Article 51/2 of the ECL, etc.), nor does it constitute a basis for non-compliance with such obligations. On the other hand, radio devices and systems that fall outside the scope of the exemption in the FTM Regulation, namely a) those with “receive-only” features but falling under Article 45 of the ECL, and b) those with transceiver features, will continue to be evaluated under the “Regulation on Procedures and Principles Regarding Radio Operations” and relevant legislation.
Therefore, those wishing to use frequencies within the scope of the FTM Regulation must exercise sensitivity regarding compliance with electronic communications legislation to avoid any sanctions.
