Authorization, In accordance with the provisions of the authorization regulations based on the Electronic Communications Law numbered 5809 Authorization is made by notification or granting right of use.
Companies intending to provide electronic communication service and/or installing and operating network or infrastructure, before commencing to its activities, shall make a notification to the Authority in accordance with the Authority’s regulations.
If companies do not require allocation of resources such as number, frequency, satellite position for electronic communication services they intent to provide and/or electronic communication network or infrastructure they intent to install and operate, they shall be authorized by means of notification in accordance with procedures and principles specified under the By-Law and if they need allocation of resources they shall be authorized by obtaining right of use from the Authority after the said notification.
The Authority shall determine electronic communication services requiring granting rights of use and the limitation of number of right of use. Right of use is granted pursuant to proper application for the network and/or infrastructures which do not require limiting the number of right of use.
Number of right of use shall only be limited in case it is necessary to use sources by limited number of operators and for the purpose of providing efficient use of sources. If authority decides to limit the number of rights of use;
1) Concerning electronic communication services requiring satellite position and national wide frequency band and to be provided by limited number of operators, criteria such as authorization policy, commencement date of service, authorization period and number of operators to provide service shall be determined by the Ministry and authorization shall be granted by the Authority by reserving the tasks and authorities of the Ministry defined under the Law.
2) Regarding electronic communication services to be provided and/or infrastructure and networks to be installed and operated by limited number of operators, necessary actions shall be executed by the Authority, excluding the provisions defined under article (1).
Operators who were authorized by telecommunication license or general authorization before the enforcement of the Electronic Communications Law shall be regarded as having notified the Authority as per this Law and having received the right of use which is limited with the duration of their authorizations, when required.
Authorization and concession agreements signed with the Authority before the enforcement of the Law shall continue to be valid as per their current provisions until their termination due to their expiration, annulment, cancellation of the agreement or in case of a termination for any other reason whatsoever. The right of use of sources for which the Authority has granted permission for the installation and utilization of systems shall continue to be valid for electronic communications services which were not subject to authorization before the enforcement of this Law.