By-Law on Spectrum Management

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From Information and Communication Technologies Authority:


BY-LAW ON SPECTRUM MANAGEMENT
Published: Official Gazette of  02 July 2009 and numbered 27276.



CHAPTER ONE
Purpose, Scope, Legal Basis, and Definitions

Purpose
Article 1- (1) The purpose of this by-law is to regulate the procedures and principles of management, allocation, assignment, national and international coordination and registration of frequencies assigned and withdrawal of the frequencies assigned and re-assignment if necessary for the efficient and effective usage of frequencies.

Scope
Article 2- (1) This by-law shall cover, provided that the provisions of the relevant law regarding radio and television broadcasts are reserved, basic fundamentals and principles within spectrum management, procedures and principles regarding preparation of National Frequency Plan, assignment and national and international coordination and registration of frequencies, withdrawal of the frequencies assigned and re-assignment.

Legal Basis
Article 3- The present Regulation is prepared under the Clause (g) of first paragraph of Article 6 and second paragraph of Article 40 of Electronic Communications Law no. 5809 dated 5/11/2008.

Definitions
Article 4- (1) The terms in the present Regulation have the following meanings:
a) EU: European Union,
b) Channel bandwidth: Defined frequency band which also includes the guard band for the applications in adjacent bands or communication channel capacity,
c) CEPT: European Conference of Postal and Telecommunications Administrations,
ç) Allotment (Detailed frequency plan): Entry of a designated frequency channel in the National Frequency Plan for use by administrations for a terrestrial or space radiocommunication service countrywide or in specified geographical areas and under specified conditions in accordance with frequency allocation plan,
d) Electronic communications: The transmission, exchange and reception of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems,
e) Electronic communications infrastructure: All kinds of network components, relevant facilities and the supplementary elements including switching equipments, hardware and software, terminals and lines; over or by which the electronic communications is provided,
f) Electronic communications network: Access and transmission systems network, by which the publicly available electronic communications services are provided, including switching equipments and transmission infrastructure which enable electronic communications between specific points,
g) Interference: All kinds of broadcasting or electromagnetic effect which obstruct, interrupt or degrade the electronic communications operating in accordance with the provisions of relevant legislation,
ğ) Frequency range: The frequency separation between two frequencies or the frequency separation, to which a radio equipment could be adjusted,
h) Frequency band: The frequency bands defined in frequency plans,
   ı) Assignment: Authorization given by the Authority for a radio station to use a radio frequency or radio frequency channels and transmission power for a specified transmission duration under specified conditions in accordance with frequency allotment,
   i) Allocation (General frequency plan): Entry in the National Frequency Plan of a given frequency band for the purpose of its use by one or more terrestrial or space radiocommunication services or the radio astronomy service under specified conditions in accordance with the frequency plans prepared according to the frequency regions defined worldwide by ITU,
j) GHz: Giga Hertz,
k) Hz: Hertz,
l) ICAO: International Civil Aviation Organization,
m) IMO: International Maritime Organization,
n)  ITU: International Telecommunication Union,
o) Operator: Any legal entity, which has the right to provide electronic communications services and/or to provide electronic communications network and to operate the infrastructure within the framework of authorization,
ö) Permissible Interference: Electromagnetic interference predicted or permitted that could occur when radio systems compatible with technical regulations and assignment restrictions are used,
p) Operator: Any legal entity, which has the right to provide electronic communications services and/or to provide electronic communications network and to operate the infrastructure within the framework of authorization,
r) Channel spacing: The space between the central frequencies of adjacent channels,
s) kHz: Kilo Hertz,
ş) Law: Electronic Communications Law no. 5809 dated 5/11/2009,
t) User: Any natural person or legal entity that uses electronic communications services disregarding whether he is a subscriber or not,
u) Board: Information and Communication Technologies Board,
ü) Authority: Information and Communication Technologies Authority,
v) MHz: Mega Hertz,
y) Radio and television broadcasting: Transmission of image and/or voice services via a terrestrial antenna, cable, satellite or other forms in coded or not coded form, aimed for reception by the public except from individual communication,
z) Spectrum: The frequency range of electromagnetic waves which are utilized for electronic communications and whose frequency varies between 9 kHz-3000 GHz and in case of international regulations which also includes frequencies over 3000 GHz,
aa) Permission for installation and use of radio: The permission issued by the Authority for radio equipment and systems to be installed and used under the scope of the Law,
bb) Radio: Systems which do not have any physical linkage in between and which are utilized for transmitting and receiving or solely transmitting or receiving coded, uncoded or cryptographic sounds and images via electromagnetic waves,
cc) Radio license: The license issued by the Authority for radio equipments and systems to be installed and used under the scope of the Law,
dd) National registration: The entry of the assigned frequencies to the Authority's database following the notification of the beginning of the usage by the user ,
ee) International registration: The entry of the frequencies assigned to the database of the international administrations' to which the Authority is a representative,
ff) Authorization: The registration of entities providing electronic communications services and/or electronic communications network by of the Authority or pursuant to such registration, granting of special, certain rights and obligations specific to electronic communications services to these entities,
gg) Harmful electromagnetic interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service in terms of their operations.




CHAPTER TWO
Basic Fundamentals and Principles in Spectrum Management


Basic Fundamentals and Principles
Article 5 – (1) The Authority, in spectrum management, considers;
a) Providing efficient competition and ensuring non-discrimination among operators in electronic communications sector, providing transparency, effective and efficient usage of spectrum, preventing radio broadcasts from constituting electromagnetic interference on each other,
b) The strategies and policies set by the Ministry of Transport as well as the current and future needs of our country,
c) The decisions of the international and regional organizations such as ITU, IMO, ICAO and CEPT, in electronic communications sector, bilateral and multilateral agreements and EU legislation,
ç) Implementation of technological innovations and promoting research and development activities and investments,
d) Giving priority to national security and public order requirements and emergency situations such as natural disasters and extraordinary situations. 
e) Preventing or minimizing the effects of harmful electromagnetic interference that may occur in the borders on the neighbouring countries when making frequency allocation and assignment and providing efficient and effective use of spectrum mutually.











CHAPTER THREE
Preparation and Updating of National Frequency Plan, Frequency Assignment, Registration, Change, Coordination, Withdrawal of Frequencies Assigned and Cancelation


Preparation and Updating of National Frequency Plan
Article 6 – (1) Frequency band allocated for electronic communication is from 9 kHz to 3000 GHz. In case of international regulation, frequency bands over 3000GHz could also be used for electronic communication.
(2) In the National Frequency Plan, frequency band is divided into nine sub-bands as indicated in Table 1. Units of the frequencies in the interval of:
a) 3-3000 kHz is indicated as kHz
b) 3-3000 MHz is indicated as MHz
c) 3-3000 GHz is indicated as GHz.


Table-1: Frequency Sub-bands
Band No
Symbol / Explanation
Frequency Band (lower limit excluded, higher limit included)
4
VLF (Very low frequency)
3 – 30 kHz
5
LF (Low Frequency)
30 – 300 kHz
6
MF (Middle Frequency)
300 – 3000 kHz
7
HF (High Frequency)
3 – 30 MHz
8
VHF (Very High Frequency)
30 – 300 MHz
9
UHF (Ultra High Frequency)
300 – 3000 MHz
10
SHF (Super High Frequency)
3 – 30 GHz
11
EHF (Extra High Frequency)
30 – 300 GHz
12

300 – 3 000 GHz

(3) The National Frequency Plan is prepared under the fundamental basis and principles expressed in Article 5. National Frequency Plan consists of general and detailed frequency plan, frequency interval for projected systems, output power, authorization procedure, reference information and remarks. Technical terms and abbreviations used in spectrum management and in the National Frequency Plan concerning the wireless applications, wireless stations and systems, application terms, common usage of frequency and space applications are published with the National Frequency Plan.
(4) In the National Frequency Plan, frequency bands which will be assigned to Turkish Armed Forces and bands which will be assigned to Radio and Television Supreme Council for broadcasters are indicated separately.
(5) Terms and conditions regarding the National Frequency Plan and its implementations are announced via official web site of the Authority. In case of necessity, the announcement may be done via web sites of international and regional organizations of which Turkey is a member, such as ITU and CEPT.

Frequency Assignment
Article 7- (1) Those that are willing to install and operate radio equipments or systems must have their frequency assignment and registration procedures approved by the Authority. However, for the frequencies which are indicated in the regulations of the Authority and that can be used without any permission of radio system installation and usage and without any radio licence, frequency assignment is not done. The radio equipments and systems to be used without a need for permission for installation and use and radio license, are used so as not to cause any electromagnetic interference on the radio equipments and systems of operators or users that are given authorisation by the Authority and the users of such equipments and systems must accept the electromagnetic interference caused by the radio systems using the assigned and registered frequencies.
(2) Turkish Armed Forces including the needs of General Command of Gendarmerie and Coast Guard Command, Undersecretariat of the National Intelligence Organization, Ministry of Foreign Affairs, and Security General Directorate shall be given priority in frequency assignment as well as the emergency situations thereof.
(3) Turkish Armed Forces and Radio and Television Supreme Board make and implement frequency planning in frequency bands allocated thereto, within the framework of the National Frequency Plan.
(4) The channel plan in frequency assignments is made considering the decisions of international organizations such as ITU, IMO, ICAO, EU and CEPT.
(5) The frequencies are assigned to the operators that are subject to authorization for not much than the duration stated in certificate of competency of the right of use.
(6) For the users of radio systems that are not subject to authorization, assignment of frequencies is done for maximum of five years, and if necessary, this is done with the grant of the radio system installation and usage permission on the basis of common usage basis. The duration of use of the frequencies assigned is equal to the duration of the permission of system installation and use. At the end of the duration of permission, the demands(s) of the users of the radio systems are evaluated and their duration for use could be extended according to the result of evaluations.
(7) The frequencies that will be assigned for all kinds of maritime and aerial band radio communications systems and navigation safety communications systems, whose installation, having third parties to construct and issuing permission for usage and registration procedures are carried out by Directorate General of Coastal Safety, are determined by the Authority.
( In frequency assignments, in order to meet the need of radio communication sufficiently, restrictive measures can be taken on the number of frequencies to be assigned. Additionally, for the frequencies assigned, necessary limitations can be put on the technical parameters such as the location of the usage of the system, transmission power, antenna type, antenna direction and antenna height by the Authority.
(9) The Authority shall take the necessary measures in order to ensure that the frequencies assigned to the operators within the framework of authorisation regime are not affected by any harmful electromagnetic interference. 

Frequency Registration
Article 8 - (1) Those that are willing to install and operate radio equipments or systems must have their frequency registration procedures done by the Authority. However, for the frequencies to be used in the radio equipments and systems which do not need any permission of radio system installation and use and radio license as stated in the Regulations published by the Authority, frequency registration is not done.
(2) National registration of the frequencies assigned is done considering the duration of assignment,
a) after the notification that the operators install the electronic communications infrastructure or network and begin to operate,
b) after giving permission of radio system installation and use to radio system users who are not subject to authorization,
c) after Turkish Armed Forces, General Command of Gendarmerie and Coast Guard Command as well as Ministry of Foreign Affairs, Telecommunication Communication Presidency, Undersecretariat of National Intelligence Agency and the Security General Directorate, limited to issues relating to their purview set out in their establishment laws, give notice to the Authority following the installation of the systems.
(3) The international frequency registration procedures that should be done through ITU are done by the Authority.  The international frequency registration procedures that should be done through ICAO are carried out with the coordination of Directorate General of Civil Aviation by the Authority.

Change of Frequencies
Article  9 – (1) If the communication cannot be achieved or in spite of the technical regulations if the harmful electromagnetic interference cannot be removed frequencies assigned and frequency bands can be changed by the Authority. Besides, due to technological progress, regulations made by Authority in order to ensure the effective and efficient usage of spectrum or due to changes in the National Frequency Plan made in accordance with the regulations done by international organizations, any change including cancelation of the frequencies assigned and registered to the operators and users can be done by the Authority. Regarding the changes to this registration(s) and assignment(s) made by the Authority, frequencies of the operators and users will be kept as it is as much as possible and in case of necessity, comments of operators and users will be taken. In addition, in the frequency changing process of operators with limited quantity of right of use, provisions of the tender specifications and certificate of competency of right of use are also taken into account.
(2) In terms of the concession agreements, transactions such as the withdrawal of frequencies assigned, changes and additional frequency assignments are conducted due to the terms and conditions set forth in the relevant tender specifications document and/or contract.
(3) In case of any harmful electromagnetic interference, principle is that the priority is given to protect the frequencies assigned to the operators as it is. If a harmful electromagnetic interference occurs between any frequencies assigned, the previously assigned frequency of the operator and/or user is protected.
(4) Authority gives a reasonable time to the operators and users in case of any change in frequencies assigned. Operators or users shall not have the right to demand indemnity or any expenditure item which arises as a consequence of the adaptation process for the changes to be done in the National Frequency Plan from the Authority or users.

Frequency Coordination
Article 10 – (1) Frequency coordination transactions for terrestrial, aerial, maritime, satellite and radio and television broadcasting services, are conducted with the neighbouring and related countries via bilateral or multilateral agreements by the Authority. In case of lacking of such agreements frequency coordination is done by the Authority within the framework of procedures of ITU and CEPT.  The international frequency coordination procedures that should be done through ICAO are carried out with the coordination of Directorate General of Civil Aviation by the Authority.
(2) In case of any harmful electromagnetic interference caused by any system residing in a neighbouring country, necessary actions in order to solve the problem are taken by the Authority.
(3) The operators have to comply with the regulations made by the Authority regarding the frequency assignment and registration and the National Frequency Plan and possible changes to be done in the National Frequency Plan. In order to prevent harmful electromagnetic interference on the operators in Turkey or in the neighbouring countries, the operators have to take all necessary measures defined in national legislation and international agreements of which Turkey is a party. In this context, the operator(s) may sign agreements with other operator(s) in neighbouring countries provided that they carry out frequency coordination in coordination with the Authority and by having opinion from the Authority.

Withdrawal of Assigned Frequencies and Cancelation
Article 11 – (1) Due to technological progress and decisions made by international organizations that Turkey is a member of, in case of necessity, the Authority, being in coordination with the related sides, causing no deficiency in national security and intelligence, may withdraw or cancel all or some part;
a) Of assigned frequencies to operators and users who are not limited in quantity of right of uses,
b) Of frequency bands and frequencies assigned to Turkish Armed Forces and Radio and Television Supreme Council.
(2) The withdrawal of frequencies from the operators limited in quantity and have the right of use is regulated in relevant tender specifications and in relevant certificate of competency of right of use.
(3) Operators which are authorized in the scope of right of use and are not limited in quantity may demand additional time with their due justifications, on the occasion that if they don't start to provide service after the one year of the date of authorization. Authority may grant maximum of six months of additional time to the operator(s). Authority cancels the frequencies assigned to the operator if the operator does not start to provide service within the one year of period beginning with the date of authorisation and does not demand additional time or does not start to provide service within the additional time provided that operator cannot document any force majeure reasons. In this case, the Authority, giving a reasonable amount of time, sends the decision with reasons regarding the cancelation of the frequencies assigned to the operator. The operator has to make the necessary arrangements due to the provisions in this paragraph within the time period set by the Authority regarding the cancelation.
(4) For the users that have the permission for installation and use of radio equipment, if the work is not completed at the end of the given amount of time, including due time prolongation, the permission given and the frequencies assigned are both cancelled.
(5) If the operator or user gives up the frequency usage, the frequencies assigned are cancelled.
(6) The Authority does not take on any responsibility regarding the withdrawal or cancelation of frequencies assigned.
(7) The authority may reassign the frequencies which are withdrawn or cancelled to operators and users in accordance with the relevant legislations.



CHAPTER FOUR
Miscellaneous and Final Provisions


Administrative Sanctions
Article 12 – (1) For those who violates the provisions of this by-law, the provisions of Act 63 of the Law shall apply.


Enforcement
Article 13 – (1) This Regulation shall enter into force on the date of publication of the Regulation.

Execution
Article 14 – (1) Head of the Board shall execute the provisions of this Regulation.