TMT Comparative Guide - Part 2

3. Authorisations/licences

3.1. What authorisations and/or licences are required to operate in the following sectors? Do any exemptions apply? Do these vary depending on the service to be provided: (a) Telecommunications; (b) Internet; (c) Media and Social media?

(a) Telecommunications

The Electronic Communication Law stipulates two different types of permission for offering electronic communication services:

• notifying the Information and Communication Technologies Authority (ICTA); and
• obtaining right-of-use authorisation from the ICTA.

The following services are subject to authorisation:

• electronic communication;
• electronic communication infrastructure;
• electronic communication infrastructure operations;
• electronic communication services; and
• electronic communication networks.

To obtain licences for any of the above services, organisations must:

• inform the ICTA of their intended operations; and
• submit the required documents to the ICTA.

If organisations require resource allocations – such as numbers, frequencies or satellite positions – for the electronic communication services that they intend to offer or the electronic communication network or infrastructure they want to operate, they must also obtain a separate right-of-use authorisation from the ICTA.

(b) Internet

The authorisation or licence requirements vary depending on the service to be provided.

Hosting providers must notify the ICTA about their activities.

Internet service providers (ISPs) that provide internet connection must:

• be authorised by the ICTA; and
• be a member of the Access Providers Association.

Mass use providers for commercial purposes must obtain a permit from the local civil authorities (for more details, see question 3.3).

(c) Media

A ‘broadcasting licence' is a certificate of permission issued separately for each broadcasting type, technique and network by the Radio and Television Supreme Council (RTSC) for media service providers to broadcast using any technology via cable, satellite, terrestrial and similar networks. Media service providers must apply for a separate licence for each broadcasting technique and network to the RTSC to broadcast through cable, satellite, terrestrial and similar networks. The licence document will indicate the broadcasting technique and network for which the licence has been granted. Organisations requesting to make simultaneous broadcasts on different networks using different techniques must:

• apply for separate licences for each broadcasting technique and network; and
• provide a simultaneous broadcast.

With regard to online broadcasting, the Regulation on Radio, Television and On-Demand Broadcasts on the Internet outlines licensing requirements for three types of licences:

• the INTERNET-RD broadcast licence for online radio services;
• the INTERNET-TV broadcast licence for online television services; and
• the INTERNET-IBYH broadcast licence for online on-demand broadcast services.

(d) Social media

No specific licence is required to provide social media services.

3.2. What are the key features of such authorisations/licences?

(a) Telecommunications

Operators may offer electronic communication services or establish and operate infrastructure or networks for electronic communications, based on the authorisation they obtain. Based on their right-of-use authorisation, operators can operate nationally, regionally or locally.

(b) Internet

Hosting providers: Hosting notification is mandatory for a hosting provider to officially broadcast over the Internet and host files on its own servers. A list of hosting providers is published on the ICTA's website. Hosting providers that have notified ICTA are also considered safe by users.

ISPs: ISPs that are not members of the Access Providers Association cannot operate.

Mass use providers: If mass use providers for commercial purposes, such as internet cafes, are opened without the permission of the local civil authorities, the local administrations will close and seal ex officio their premises.

(c) Media

A broadcasting licence may only be granted to joint stock companies established under the Commercial Code (6102). A single entity or natural person may not directly or indirectly be a shareholder in more than four media companies with terrestrial broadcasting licences. A foreign entity or natural person may directly be a shareholder of a maximum of two media companies. Foreign ownership of media service providers may not exceed 50% of the paid-in capital of such media service providers.

(d) Social media

No licence is required to provide social media services.

3.3. What are the procedural and documentary requirements to obtain such authorisations/licences?

(a) Telecommunications

The applicant must complete the notification form on the ICTA's website. It must also include several supporting documents, such as:

• a notarised circular of signature;
• the company's trade registry registration;
• the contact information and archived criminal records of any shareholders holding at least 10% of the company's shares; and
• the company partnership structure.

(b) Internet

Hosting providers: Hosting providers can submit a hosting services notification to the ICTA through the Hosting Provider Notification Interface on the ICTA's official website.

The applicant must provide:

• its personal information such as its name, trade name, address, telephone number, tax number, trade registry number and website; and
• its representative's name, surname, identification number, email and phone number.

Hosting providers must also provide details of:

• the type of service they will provide;
• the expected capacity of the service;
• the total bandwidth available or planned for the types of services they will provide;
• the names of the access providers they will use;
• the IP blocks they will use;
• the number of domains hosted; and
• details of whether they will provide hosting services for commercial purposes or for in-house purposes.

They must also present:

• a hard-copy signed application letter;
• the original or a notarised copy of their trade registry record obtained in the last six months;
• the original or a notarised copy of their circular of signature; and
• the criminal records of their representatives.

ISPs: ISPs must:

• be incorporated as a joint stock company or a limited liability company;
• have appropriate fields of activity in their articles of association;
• submit archived criminal records of partners; and
• have a paid-up capital of at least TRY 1 million.

ISP must submit a notification form attaching all necessary documents, including:

• the notarised circular of signature;
• the company's trade registry record;
• a list of attendees or share book indicating the partnership structure of the company;
• criminal records of certain company partners and company officials;
• official documents proving that company's registered address has a minimum usage area of 50 square metres;
• information on the company's full-time insured personnel;
• a certified public accountant's report on the payment of the declared paid-in capital;
• documents showing that the company has no tax liability; and
• information describing the entire partnership and organisational structure of the company.

To be a member of the Access Providers Association, ISPs must submit:

• a membership application form;
• a circular of signature;
• their ISP authorisation certificate from the ICTA;
• a preliminary tax return for the fourth period of the previous year;
• their registered email address; and
• the personal information of:
• their contact person to whom access-blocking decisions will be communicated;
• their representative(s); and
• the accounting officer(s).

Mass use providers: After obtaining a business and working licence, mass use providers for commercial purposes must apply to the local civil authorities with a petition and the requisite documents – that is:

• a copy of the business opening and operating licence;
• the fixed IP number;
• a Chamber of Merchants and Craftsmen registration certificate;
• for natural persons, a copy of their ID card;
• a copy of the tax certificate;
• a copy of an invoice or licence for filtering software approved by the Presidency of Telecommunication and Communication; and
• a copy of the responsible manager's certificate and ID card.

(c) Media

To apply for a broadcasting licence from the RTSC, organisations must submit a petition, an online application form prepared by the RTSC and the following documents:

• samples of their Turkish Trade Registry Gazette entry;
• a list of the persons authorised to represent them;
• a sample of the shareholders' stock ledger or Turkish Trade Gazette showing the last shareholding structure;
• copies of the decision of the board of executives in relation to the logo and/or callsign to be used for their services, an application to the RTSC on this issue and/or documents showing the right to ownership of the logo and/or callsign;
• the identity card numbers, declaration of residence and a document stating that there is no criminal record for shareholders and directors (an additional notarised copy of the passports of foreign shareholders and board of directors will be required);
• the board decision regarding the appointment of board members and the education certificates of persons who are required to graduate from higher education under the regulation;
• details of:
• the content of programming services;
• the general broadcast schedule and broadcast times;
• technical infrastructure services;
• purchased and/or rented facilities; and
• tools, equipment and services; and
• a statement containing their correspondence address, website address, email address, studio address, telephone and fax information.

(d) Social media

No licence is required to provide social media services.

3.4. What does the authorisation/licensing process involve? How long does it typically take? What costs are incurred?

(a) Telecommunications

An administrative fee equal to 0.35% of the annual net sales must be paid to the ICTA every year by the end of June for operations that are authorised through the notification or right-of-use processes.

(b) Internet

Hosting providers: Hosting providers must notify the ICTA through the Hosting Provider Notification Interface on the ICTA's website before commencing operations. There is no specified timeframe for the application process. Also, there is no cost for the hosting services notification.

ISPs: The ISP authorisation fee consists of administrative and usage rights fees. Every year, the operator pays an administrative fee of 35% per TRY 10,000 of its net sales included in the income statement for the previous year. However, the annual administrative fee cannot be less than TRY 10,000. This minimum annual administrative fee is increased each year by the officially determined revaluation rate. For instance, for 2023, the minimum annual administrative fee is over TRY 50,000. The ICTA will check for any missing documents or improprieties in the application form within 60 days of receiving it and then notify the applicant to complete and correct them.

Mass use providers: The civil administration finalises the applications of mass use providers. There is no cost for the application and authorisation.

(c) Media

If the RTSC detects any missing information or document, or requires additional information and documents for the licence application, the applicant must submit the requested information and documents to the RTSC within 90 days. If not, the RTSC will not evaluate the licence application.  The fees payable for the necessary authorisation are stipulated separately for cable, satellite and internet broadcasting. These fees are:

• increased by the revaluation rate declared each year by the Ministry of Treasury and Finance;
• published on the RTSC's website; and
• collected in accordance with prevalent tariffs and Law 6112, implemented as of the beginning of January the following year.

There are no specific timeframes for obtaining authorisation from the RTSC.

Satellite broadcast: Ten years of satellite broadcast licence fees are payable by media service providers that are broadcasting on the satellite network in 2022:

• Radio broadcasting services: TRY 67,991
• Television broadcasting services: TRY 679,910
• On-demand broadcasting services: TRY 161,874

Cable broadcast: Ten years of cable broadcast licence fees are payable by media service providers that are broadcasting by cable in 2022:

• In one province with a population of less than 1 million:
• Radio broadcasting services: TRY 6,490
• Television broadcasting services: TRY 64,899
• On-demand broadcasting services: TRY 32,388
• In one province with a population of more than 1 million:
• Radio broadcasting services: TRY 9,738
• Television broadcasting services: TRY 97,165
• On-demand broadcasting services: TRY 48,555
• In multiple provinces:
• Radio broadcasting services: TRY 67,991
• Television broadcasting services: TRY 679,910
• On-demand broadcasting services: TRY 161,874

Online broadcasting: Ten years of online broadcast licence fees are payable by media service providers that will broadcast online for 2022:

• Radio broadcasting services online: TRY 18,217
• Television broadcasting services online: TRY 182,168
• On-demand broadcasting services online: TRY 182,168

3.5. What are the ongoing rights and obligations of the authorisation/licence holder? How is compliance monitored? What penalties may be imposed for breach?

(a) Telecommunications

Authorisation holders must adhere to the requirements regarding the company structure throughout the licence term. The ICTA generally monitors:

• the compliance of telecoms operators with the terms of their licence agreements; and
• the conformity of the equipment used in personal telecoms facilities.

The ICTA is authorised to impose administrative fines of up to 3% of net sales from the previous calendar year in case of non-compliance with the legislation. If an operator has just commenced activities, the ICTA is authorised to impose administrative fines and other administrative sanctions ranging from TRY 1,000 to TRY 1 million by considering certain factors such as:

• the nature of the violation;
• whether any economic gain was obtained as a result of the violation;
• good faith; and
• voluntary reporting.

The administrative fines are increased each year by the officially determined revaluation rate.  Furthermore, the ICTA may also:

• temporarily suspend the operator's activities; or
• force it to take concrete measures to prevent the infringement in order to protect the public service requirements and public order.

(b) Internet

Hosting providers: In the first week of each month, hosting providers must visit the website https://yersaglayici.btk.gov.tr/, enter their memberships and upload files containing the domain information and hosting information separately to the site through the "Upload Domain Name Information File" section. Hosting providers with a hosting provider number must remove content that is not approved by the ICTA and prevent access to it. Hosting providers which have notified the ICTA must also agree to share the requested information with legal authorities, where necessary. The ICTA:

• has the authority to audit the hosting provider to ensure that it is compliant with its obligations under the Internet Law; and
• may impose an administrative fine of between TRY 100,000 and TRY 1 million if the hosting provider does not notify its activities to the ICTA.

ISPs: ISPs must adhere to the requirements regarding the company structure throughout the licence term.  If an ISP does not comply with a content removal and/or access blocking decision of the ICTA, the ICTA may opt to withdraw the authorisation of the relevant ISP. In addition, ISPs, after receiving authorisation, must become members of the Access Providers Association to begin providing their services.

Mass use providers: The Audit Commission established within the civil administration monitors mass use providers. The local authority will issue a written warning if any mass use provider for commercial purposes violates any of its obligations. If the violation continues, the local authority can decide to close the business for up to three days. In case of repeated violation, the mass use provider may incur an administrative fine of between TRY 1,000 and TRY 15,000.  The administrative fines are increased each year by the officially determined revaluation rate.

(c) Media

Licence holders must notify the RTSC of any transfer of their shares, along with the names and surnames of the shareholders, shareholder structure and vote proportions subsequent to the share transfer within 30 days of the transfer date.

The licence holder must:

• obtain permission from the RTSC with all necessary information and documents before the transfer of a company or a merger; and
• notify the RTSC of the transfer or merger within 30 days of effecting the transfer or merger process.

Media service providers must appoint a viewer representative with at least 10 years of professional experience for the purpose of:

• establishing the co-regulation and self-regulation mechanisms;
• evaluating complaints from viewers and listeners;
• presenting complaints to the broadcasting board of the enterprise; and
• following up on the results.

They must notify their selected viewer representative to the RTSC and announce it by appropriate means to the public.

Private media service providers must keep recordings of each broadcast for one year.

Media service providers that conduct broadcasts in violation of Article 8(1), subparagraphs (a), (b), (d), (g), (n), (s) and (ş) of Law 6112 will be penalised with an administrative fine of between 2% and 5% of the gross commercial communication revenues in the month preceding that in which the violation is found, considering:

• the seriousness of the violation; and
• the broadcast's medium and area.

If any of the requirements for a broadcasting licence sought under the law is no longer fulfilled, the relevant organisation must take steps to ensure it is once again compliant within 30 days. Otherwise, its broadcasting licence will be suspended for three months. If the requirement is not met during this time, the broadcasting licence of the organisation will be cancelled and its channel and frequency use will be terminated.

3.6. For how long is the authorisation/licence valid? Are variations to the terms possible? How is the authorisation/licence renewed?

(a) Telecommunications

Unless otherwise specified in the Definition, Scope and Duration of Services, Networks and Infrastructures in Electronic Communication document published by the ICTA, the duration of the right to use will be determined by the ICTA for a period of up to 25 years, taking into account the nature of the network and service and the request of the applicant.

(b) Internet

Hosting provider notification is valid for five years. Upon the expiry of this period, the notification must be renewed via the ICTA's website. The registration remains valid for as long as the ISP is registered with the ICTA.

(c) Media

The term of a broadcasting licence is 10 years. Media service providers whose broadcasting licence has expired must submit a request to renew the licence and should provide all information, documents and evidence of technical competence requested by the RTSC. The broadcasting licence of service providers that meet these conditions will be renewed by the RTSC for a period of 10 years. Media service providers must apply to the RTSC at least two months before the end of the licence period for the renewal of the broadcasting licence.

(d) Social media

No specific licence is required to provide social media services.