Radio and Television Supreme Council By-Law on Broadcasting via Cable Networks

15 June 2011, Wednesday                        Official Gazette                                      No. 27965

BY-LAW

By Radio and Television Supreme Council:

RADIO AND TELEVISION SUPREME COUNCIL BY-LAW ON BROADCASTING VIA CABLE NETWORKS

SECTION ONE

Purpose, Scope, Statuary Basis and Definitions

Purpose

ARTICLE 1- (1) The purpose of this By-Law is to determine the principles and procedures in granting ‘cable broadcasting Licenses’ to private media service providers and ‘broadcasting transmission authorizations’ to cable platform operators and cable infrastructure operators and the liabilities of these enterprises.

 

Scope

ARTICLE 2 - (1) This By-Law covers the media service providers who demand to provide analog or digital broadcast services including IPTV via cable networks directly to public and cable platform operators and cable infrastructure operators, both of whom ensure the transmission of the media service provider’s broadcasts via cable.

Statuary Basis

ARTICLE 3 - (1) This By-Law was prepared as based on the Articles 19, 27, 29, 32, 33, 37, 44 and Provisional Article 3 of the Law on the Establishment of Radio and Television Enterprises and Their Media Services, No. 6112 of 15 February 2011.

Definitions

ARTICLE 4- (1) In the implementation of this By-Law:

a)      ‘DVB-C’, ‘DVB-C2’ means for each a digital broadcasting technology used for the transmissions of broadcasts via cable networks directly to public, standards of which were published in ETSI EN 300 429 and ETSI EN 769;

b)      ‘DVB-IPVT’ means an ‘IPTV’ broadcasting technology whose standards were published in ETSI TR 102 033 and its related documents;

c)       ‘ETSI’ means European Telecommunications Standards Institute;

ç)  ‘Simultaneous broadcasting’ means a transmission of a radio or a television program not only via cable, but also via other transmission networks in the mean-time as well;

d)      By-Law on the Administrative and Financial Conditions means ‘the By-Law on the Administrative and Financial Conditions’ required to be abided by media service providers, platform operators and infrastructure operators;

e)      ‘IPTV broadcast’ means a type of broadcast with a specific service quality which enables its subscribers or viewers to receive radio, television broadcasts and on demand broadcast services through their set-top boxes and integrated TV receivers by the usage of internet protocol (IP) and using broadband transmission and access technologies over a specifically administrated network in compliance with DVB-IPTV standards;

f)       ‘ITU’ means International Telecommunication Union;

g)      ‘on-demand media service’ means a media service provided for the viewing or listening of programs at any moment preferred by a user and at his/her individual request on the basis of a catalogue of programs to be selected by a media service provider;

ğ)   ‘Cable network’ means a network where cable broadcasts and IPTV broadcast services are transmitted to subscribers through any kind of cable infrastructure;

h)      ‘Cable infrastructure operator’ means an enterprise providing infrastructure services in transmitting broadcast services via cable to platform operators and operating this infrastructure;

I)   ‘Cable platform operator’ means an enterprise which transforms multiple media services into  one or more than one signal and provides their transmission via cable networks to be received by its subscribers in an encrypted/non-encrypted mode;

i)        ‘Cable broadcasting’ means any broadcast which enables subscribers or viewers to receive radio, television and on demand broadcast services via a cable network in DVB-C, DVB-C2 or DVB-IPTV standards with their set-top boxes and integrated TV receivers;

j)        ‘Cable broadcasting license’ means a license granted to media service providers by the Supreme Council to broadcast via cable networks;

k)      ‘The Law’ means Law no.6122 of 15 February 2011 on the Establishment of Radio and Television  and Their Media Services;

l)        ‘Conditional access system’ means a system which controls subscribers’ access to an encrypted broadcast service;

m)    ‘Media service provider’ means the legal person who has the editorial responsibility over his/her choice of the content of the radio, television and on-demand media services and determines the manner in which it is organized and broadcast;

n)      ‘Radio broadcasting service’ means any audio and data broadcast other than personal communication services made through terrestrial, cable, satellite and other networks;

o)      ‘Digital broadcast’ means any media services transmitted via cable, satellite, terrestrial and similar networks by using digital encoding and modulation techniques;

ö)  ‘Set-top box’ means a device enabling any encrypted or unencrypted broadcast services transmitted via cable networks to be received by television devices and other similar receivers for viewing;

p)      ‘Television broadcasting service’ means an audiovisual media service, encrypted or unencrypted, provided by a media service provider for a simultaneous viewing of programs on the basis of a broadcasting schedule;

r)   ‘The Supreme Council’ means the Radio and Television Supreme Council;

s)   ‘Broadcaster’ means a media service provider which provides radio and/or television services;

ş)  ‘Broadcast Service’ means a television broadcast service or an on-demand broadcast service or a commercial communication service or, except for personal communications, a radio broadcast service, providing programmes under the editorial responsibility of a media service provider through electronic communication networks for the realization of its basic purposes on informing, entertaining or educating the public.

 

 

 

 

 

 

 

 

SECTION TWO

Licensing Procedures, Obligations of Media Service Providers, Platform Operators and Infrastructure Operators and Sanctions

Broadcasting license types and broadcasting transmission authorization of infrastructure operators

ARTICLE 5 - (1) Out of the media service provider enterprises who have applied to the Supreme Council for providing a broadcast service via cable by submitting the necessary information and documents and fulfilling the requirements of this By Law - for those who’ll make radio broadcasts; K-RD radio broadcasting license, for those who’ll make television broadcasts; K-TV broadcasting license and for those who’ll provide on-demand broadcasting services; K-İBYH broadcasting license shall be granted by the Supreme Council. A media service provider shall provide only one radio, one television and one on-demand media service and must obtain a broadcasting license for the each separate service it will provide.

(2) Cable platform operators and cable infrastructure operators providing the transmission of broadcasting services via cable platforms and operating their transmission infrastructures shall be handed a broadcast transmission authorisation by the Supreme Council following its evaluation of their conformity with this By-Law and the required administrative, financial and technical conditions in other relative regulations.

Obligations of media service providers and sanctions

ARTICLE 6 - (1) Each Media service provider in demand for providing broadcasting service from cable networks is obliged;

a)      to fulfill the requirements prescribed by the international agreements to which Turkey is party, in accordance with the Law, this By-Law, By-Law on Administrative and Financial Conditions and other related regulations,

b)      to ensure that the broadcast service it provides is in conformity with the general principles of the Law and the principles and obligations stated in the other related articles of the Law,

c)       to submit the programme catalogue of its on-demand broadcast services to the Supreme Council,

ç)   to pull out the on-demand broadcast services from the programme catalogue that have been disapproved by the Supreme Council,

d)      to submit any type of information and documents required by the Supreme Council within a specified time-frame in relation to its company structures, broadcast services, its cable platform operators which transmit its services, and its subscribers only if its broadcasts are encrypted,

e)      to encrypt along with vision, the sound as well in their encrypted broadcasts in an incomprehensible way,

f)       to ensure that digital broadcasts transmitted from cable networks are in conformity with DVB-C, DVB-C2 or DVB-IPTV standards,

g)      to submit to the Supreme Council the identification details, correspondence addresses, name and contact details of its directors in charge and its viewers’ representative, to notify it of any changes in them, and to publish such changes in its website.

 

 

 

 

(2) Media service providers owning cable broadcasting licenses may transmit their broadcast services via other networks only if they have acquired their broadcasting licenses as stated in Article 27 of the Law. The broadcasting licenses belonging to the other networks that the Supreme Council has already granted to media service providers does not constitute an acquired right in making application for a cable broadcasting license.

(3) Broadcast suspension penalties imposed by the Supreme Council over media service providers due to their contraventions of the provisions the Law and the By-Laws shall comprise the whole networks via which they make their broadcasts.

Application method of media service providers for acquiring cable broadcasting license and the required documents for application

ARTICLE 7 - (1) The media service providers who have fulfilled the conditions of this By-Law and the By-Law on Administrative and Financial Conditions and other regulations shall apply in writing to the Supreme Council for acquiring their cable broadcasting licenses.

(2) An application for a satellite broadcasting license shall be made by arranging a dossier containing the information and documents required by the By-Law on the Administrative and Financial Conditions and the cable broadcasting application forms (G-1, G-2, G-3, G-4, G-5 forms) as seen in Appendix of the above-said By-Law.

(3) For acquiring a cable broadcasting license, an application of a media service provider who has already acquired a broadcasting license for other networks shall be considered as adequate if that provider submits only the documents to be determined and required to be updated by the Supreme Council.

(4) The application of an enterprise whose declarations in the required documents have been detected as misstated shall be deemed invalid. Even though such applications have already been accepted, they shall be annulled. No one may claim any right upon this annulment.

Cable broadcasting license fees

 

ARTICLE 8 – (1) Cable broadcasting License fee is annually determined in each December, published on the website of the Supreme Council, put into implementation from the beginning of the following January and paid in accordance with the Article 42 of the Law and the tariff valid on the date when cable broadcasting license certificate is arranged.

 

Duration of validity of cable broadcasting Licenses and their renewal

 

ARTICLE 9 – (1) Duration of the validity of cable broadcasting licenses is ten years starting from the issuing date of the arrangement of the broadcasting license certificate. The beginning date of the duration of license is the date when broadcasting license certificate is issued.

(2) It shall be necessary for a media service provider with its license duration about to expire and in demand for its renewal to make an application to Supreme Council at least two months before its expiry day.

(3) Any media service provider’ license duration which is about to expire shall be renewed for a period of ten years provided that it has made an application to the Supreme Council for the renewal, it has proven its technical competence following the on-site inspections to be carried out by the Supreme Council and it has presented the information and documents required by the Supreme Council. The fee for the renewal is paid within the framework of Article 8 of the By Law.

 

Revocation of satellite broadcasting license, administrative and juridical sanctions

 

ARTICLE 10 – (1) If one of the licensing requirements sought under the Law disappears; the related media service provider shall be allowed a period of thirty days to restore its conformity with that requirement. Broadcasts of an enterprise that does not meet the requirement despite the time allowed shall be suspended for a period of three months. If the requirement is not met within the course of that time, the broadcasting license of that organization shall be revoked and its broadcasts shall be suspended.

 (2) If the conformity of a cable broadcasting license with the required provisions is proven to have been acquired by an enterprise through fraudulent means, the cable broadcasting license of that enterprise shall be revoked.

(3) If an enterprise which is unable to fulfill its cable service because of force majeur or any other reasons acceptable by the Supreme Council requests for the revocation of its license, its satellite broadcasting license shall be revoked.

(4) The provision stated in Article 33 of the Law shall be implemented for the enterprises sustaining their services with their annulled broadcasting license or with no cable broadcasting licenses,

(5) If a media service provider, although it has owned a broadcasting license, provide broadcasts that fall outside of its license type or installs a terrestrial transmitter without any authorization, it shall be warned by the Supreme Council and for the anyone still sustaining such unauthorized broadcasts in spite of all the warnings, the provision of the Article 33 of the Law shall be implemented.

 

Refund of satellite broadcasting license fees

ARTICLE 11 – (1) The conditions on the refund of satellite broadcasting license fees are as specified below:

 

a)    Broadcasting license fees charged from the enterprises whose broadcasting licenses have been revoked due to the reasons stated in first and second paragraphs of Article 10 are not refunded.

b)   Broadcasting license fees charged from the enterprises whose broadcasting licenses have been revoked due to the reasons stated in third paragraph of Article 10 are refunded by calculating the remaining license period as ‘remainder’ upon a request of each enterprise in writing.

 

Obligations of cable platform operators and sanctions

ARTICLE 12 – (1) Each cable platform operator is obliged;

a)    to fulfill the obligations prescribed by the international agreements to which Turkey is party and the administrative, financial and technical conditions in accordance with the Law, this By-Law, the By-Law on Administrative and Financial Conditions and other related By-Laws and acquire a broadcast transmission authorization from the Supreme Council;

b)   not to transmit the broadcasts of a media service provider operating without a broadcasting license or with an expired broadcasting license;

c)    to serve in objectivity and fairness and without any discrimination for the media service providers who have acquired their satellite broadcasting licenses from the Supreme Council;

ç) to ensure the transmission of digital broadcasts via its platform in accordance with DVB-C, DVB-C2 or DVB-IPTV standards;

d)   to inform the Supreme Council about the number of its subscribers at the beginning of December each year and any time demanded by the Supreme Council;

e)   to allot the set-top boxes and subscriptions free of charge in the number to be demanded by the Supreme Council for its supervision and monitoring of the broadcast services transmitted via platform;

f)     to present its authorization certificate which it has obtained from the Information Technologies and Communications Authority for offering platform services as specified in this By-Law within the scope of Electronic Communication Act No. 5809 of 5 November 2008to the Supreme Council;

g)    to suspend, upon receiving the notification of the Supreme Council, the transmission of the broadcasts of the media service providers which are under the jurisdiction of another country and ascertained by the Supreme Council that they are broadcasting in a manner that contradicts with the provisions related to the international agreements to which Republic of Turkey is party and the broadcasting principles arranged by the Law,

ğ) to transmit solely the broadcast of the announcement of the Supreme Council’s resolution on the suspension of a media service provider’s broadcast during its suspension period, 

h) to submit information about the cable network it uses and a certified copy of the contract that it has signed with the cable infrastructure operators to the Supreme Council,

ı) to give identity information of the shareholders and  administrators of its cable platform operator to the Supreme Council,

i) to give an explanatory information to the Supreme Council about the technical infrastructure scheme of the cable platform and its technology it uses,

j) not to engage in any commercial communication activity independent from the media service providers within its platform structure,

k) to inform the Supreme Council with the list comprising titles, addresses, telephone numbers, logo/call signs, license types and the country that license was issued in and broadcast language each year at the beginning of October; and about any changes related to its enterprise in one month at the latest beginning from the date of such changes. 

 

(2) Cable platform operators shall submit their tariffs of their services that they will apply for the media service providers to the Supreme Council for approval by preparing them in accordance with non-discriminatory terms so as not to cause discrimination among the enterprises in similar positions,  the principles of guaranteeing a fair competition and creating a pluralist environment, preventing concentration, protecting public interests, ensuring justice and transparency, reflecting the costs of the services  as much as possible. The Supreme Council may approve these tariffs or send them back to be revised and changed. The service charges that cable platform operators collect from media service operators shall be paid following the approval of the Supreme Council. No changes may be made in tariffs without the approval of the Supreme Council.  

 

(3) Cable platform operators shall suspend, following the notification of the Supreme Council’s resolution, the transmission of broadcast services of the media service providers who have not any broadcasting license  or whose satellite broadcasting licenses have been revoked by the Supreme Council and the transmission of the broadcasters that are under the jurisdiction of an another country but whose broadcasts have been ascertained by the Supreme Council as violating the international treaties to which Republic of Turkey is party and as contradicting with the related provisions of the general principles of the Law. The transmission authorization of platform operators shall be annulled in case they do not suspend the transmission of such broadcast services despite the notification or in case they do not fulfill other obligations within the allowed period by the Supreme Council and this situation shall be notified by the Supreme Council to the Information Technologies and Communications Authority.

 

Liabilities of cable infrastructure operators and sanctions

ARTICLE 13 – (1) Each satellite infrastructure operators is liable;

a)    to fulfill obligations which are prescribed by the international agreements to which Turkey is party, according to Law, this By-Law, By-Law on Administrative and Financial Conditions and other related By-Laws, administrative, financial and technical conditions, and acquire its broadcast transmission authorization from the Supreme Council,

 

b)   to suspend and prevent, following the notification of the Supreme Council’s resolution, the transmission of broadcast services of the media service providers who have not acquired a broadcasting license from the Supreme Council or whose broadcasting license has been cancelled, the transmission of the broadcasts of the media service providers that are targeting at Turkey and under the jurisdiction of an another country but whose broadcasts have been ascertained by the Supreme Council as violating the international treaties to which Republic of Turkey is party and as contradicting with the related provisions of the general principles of the Law and the transmission of the cable platform operators that operate without their transmission authorization from the Supreme Council,

c) to inform the Supreme Council about the broadcasting services for which it has allocated a capacity in a cable network, by delivering a list comprising titles, addresses, telephone numbers, logo/call signs, license types and the country that license was issued in and broadcast language each year at the beginning of October; and about any changes related to its enterprise in one month at the latest beginning from the date of such changes. 

ç) not to transmit the broadcasts of the enterprises which are under jurisdiction of Republic of Turkey within the scope of Article 2 of the Law but have not acquired cable broadcasting licenses from the Supreme Council,

d) to ensure transmission of digital broadcasts in accordance with DVB-C, DVB-C2 or DVB-IPTV standards,

e) to present its authorization certificate which they it has obtained from the Information Technologies and Communications Authority for offering satellite infrastructure services as specified in this By-Law within the scope of Electronic Communication Act No. 5809 of 5 November 2008 to the Supreme Council, 

f) to present information about the cable networks it uses and a copy of the contract it signed with cable platform operators to the Supreme Council,

g) to present explanatory information about the general scheme of the technical infrastructure of its cable broadcasting system and its technology it uses to the Supreme Council,

ğ) not to engage in any commercial communication activity independent from the media service providers within the platform structure.

 

(2) Cable infrastructure operators shall suspend in seven days at the latest following the notification of the Supreme Council’s resolution, the transmission of broadcast services of the media service providers who have not acquired a satellite broadcasting license  or whose satellite broadcasting licenses have been revoked by the Supreme Council, and the transmission of the media service providers that are under the jurisdiction of another country but whose broadcasts have been determined by the Supreme Council as violating the international treaties to which Republic of Turkey is party and as contradicting with the related provisions of the general principles of the Law.  The transmission authorization of infrastructure operators shall be annulled in case they do not suspend the transmission of such broadcast services despite the notification or in case they do not fulfill other obligations within the allowed period by the Supreme Council and this situation shall be notified by the Supreme Council to the Information Technologies and Communications Authority.

 

(3) Cable infrastructure operators shall not offer broadcast services of their own, but only allocate capacity to the platform operators.

 

 

 

 

 

 

 

Broadcast transmission authorization fee to be collected from cable platform and cable infrastructure operators

 

ARTICLE 14 – (1) Cable platform operators and cable infrastructure operators are obliged to acquire a broadcast transmission authorization from the Supreme Council for engaging in this activity.

(2) Broadcast transmission authorization fees shall be annually determined in December by the Supreme council, published on its website, and put into implementation from the beginning of the following January and paid annually in accordance with the tariffs valid on the date when broadcast transmission authorization certificate is arranged and Article 42 of the Law.

(3) Broadcast transmission authorization fee shall be determined based on the calendar year. In case a broadcast transmission authorization is granted within the year, the authorization fee shall be calculated proportionally for the remainder of the year.

 

Evaluating, licensing or authorizing the broadcast transmission

ARTICLE 15 – (1) The application of an enterprise for acquiring a cable broadcasting license or a broadcast transmission authorization by  submitting to the Supreme Council the information and documents about its administrative, financial and broadcast services as specified in this By-Law and By-Law on Administrative and Financial Conditions shall be evaluated by the Supreme Council. Any Enterprise evaluated as affirmative shall submit its information and documents in relation to its technical infrastructure to the Supreme Council. Whereupon, following an on-site inspection to be carried out for its technical competence, the Supreme Council shall grant a cable broadcasting license or a broadcast transmission authorization to the related enterprise.

 

 

SECTION THREE

Miscellaneous and Final Provisions

 

Relationships between broadcasting service providers via satellite

ARTICLE 16 – (1) The Supreme Council shall not be held responsible for any legal problem to be possibly arisen due to the contractual relations between the media service providers broadcasting via cable networks and the cable platforms and the cable infrastructure operators transmitting these broadcasts.

 

Annulled By-Laws

ARTICLE 17 – (1) Radio and Television Supreme Council’s By-Law on Satellite Broadcasting License and its Permission No. 26669 of 31 October 2007, which came into force by being published in Official Gazette, has been annulled.

 

Fees to be charged from media service providers, cable platform and cable infrastructure operators

PROVISIONAL ARTICLE 1 – (1)Decennary license fees, the media service provider organizations broadcasting via satellite need to pay for the year 2011 are;

 

a)      For one province with population less than 1 million;

1)      For radio broadcasting service: 2.000,00-TL,

2)      For television broadcasting service: 20.000,00-TL,

3)      For on-demand broadcasting service: 10.000,00-TL,

 

b)      For a province with a population more than 1 million;

1)      For radio broadcasting service: 3.000,00-TL,

2)      For television broadcasting service: 30.000,00-TL,

3)      For on-demand broadcasting service: 15.000,00-TL,

c)       Media service providers targeting at more than one province;

1)      For radio broadcasting service: 21.000,00-TL,

2)      For television broadcasting service: 210.000,00 TL,

3)      For on demand broadcasting service: 50.000,00-TL.

(2) Annual broadcast transmission authorization fee for cable platform operators for the year 2011 is    : 100.000,00-TL ( number of Subscribers x 0,40)-TL

(3) Annual broadcast transmission authorization fee of cable infrastructure operators for the year 2011 is     : 250.000,00-TL

Enterprises owning broadcasting license or broadcast transmission authorization

PROVISIONAL ARTICLE 2- (1) The rights of enterprises who had acquired a cable broadcasting license for broadcasting via cable networks before the date the Law came into force are valid until the end of their  license period which is five years. Following the end of their license period, for those intending to sustain broadcasting from cable networks, their broadcasting license shall be renewed in compliance with the provision of Article 9.

(2) The fee to be charged from cable platform operators for the year 2011 before the publication date of this By-Law shall be deduced from the broadcast transmission authorization fee for the year 2011.

(3)  On condition that they demand so from the Supreme Council and they fulfill their obligations towards the Supreme Council, in compliance with the provision of Article 9, cable broadcasting licenses of the enterprises which has acquired them for broadcasting via cable before the publication date of this By-Law and the cable broadcasting licenses which have expired within the period from the date the law came into force until the publication of this By-Law, shall be renewed as valid from the ending date of the license period.

 

Date of Effect

ARTICLE 18 – (1) This By-Law shall come into effect on the date of its publication.

 

Implementation

ARTICLE 19 – (1) The provisions of this By-Law shall be implemented by the Radio and Television Supreme Council.