By-Law on Broadcasting Via Satellite
15 June 2011 Wednesday Official Gazette No. 27965
BY-LAW ON BROADCASTING VIA SATELLITE
CHAPTER 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 ‘satellite broadcasting licenses’ to media service providers and ‘broadcasting transmission authorizations’ to satellite platform operators and satellite infrastructure operators and the liabilities of these enterprises.
Scope
ARTICLE 2 – (1) This By-Law covers the media service providers who demand to provide broadcast services via satellite directly to public and satellite platform operators and satellite infrastructure operators who both provide the transmission of these broadcasts via satellite.
Statuary Basis
ARTICLE 3 – (1) This By-Law has been prepared on the basis of 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) For the implementation of this By-Law:
a) ‘DVB-S’ means a digital broadcasting technology used for the transmission of broadcasts via satellite directly to public, standards of which were published in ETSI EN 300 421;
b) ‘DVB-S2’ means a digital broadcasting technology used for the transmission of broadcasts via satellite with its high data compression and stream of data transfer, standards of which were published in ETSI EN 302 307;
c) ‘Simultaneous broadcasting’ means a transmission of a radio or a television program not only via satellite, but also via other transmission networks in the mean-time as well;
ç) ETSI means ‘European Telecommunications Standards Institute’;
d) ITU-R (International Telecommunication Union Radio communication Sector) means the regulations of International Telecommunication Union in relation to radio communications and broadcasting;
e) By-Law on Administrative and Financial Conditions means ‘the By-Law on Administrative and Financial Conditions’ required to be abided by media service providers, platform operators and infrastructure operators,
f) ‘Transmission’ means the ‘initial provision of broadcasting services’;
g) ‘on-demand media service’ means the media service provided for the viewing or listening of programs at the moment chosen by the user and at his/her individual request on the basis of a catalogue of programs selected by the media service provider;
ğ) ‘the Law’ means ‘the Law No. 6112 of 15 February 2011 on Radio and Television Enterprises and Their Media Services’;
h) ‘Conditional access system’ means a system which controls subscribers’ access to an encrypted broadcast service;
ı) ‘Media service provider’ means the legal person who has editorial responsibility for the choice of the content of the radio, television and on-demand media services and determines the manner in which it is organized and broadcast;
i) ‘Radio broadcasting service’ means audio and data broadcast made through terrestrial, cable, satellite and other networks and that does not contain any individual communication service;
j) ‘Digital broadcast’ means the media services transmitted via cable, satellite, terrestrial and similar networks by using digital coding and modulation techniques;
k) ‘Set-top box’ means a device enabling any encrypted or unencrypted broadcast services transmitted via satellites to be received by television devices and other similar receivers for viewing;
l) ‘Television broadcast 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;
m) ‘Satellite infrastructure operator’ means an enterprise operating its satellite infrastructure for the transmission of media services;
n) ‘Satellite network’ means the medium in which a media service is transmitted to receivers via satellite capacity;
o) ‘Satellite platform operator’ means an enterprise which transforms its multiple media services into one or more than one signal and provides their transmission via satellite to be received by its subscribers in an encrypted/non-encrypted mode;
ö) ‘Satellite broadcasting’ means broadcasting of broadcast services by transmitting them via satellite to receivers in an encrypted or unencrypted mode;
p) ‘Satellite broadcasting license’ means an authorization certificate that is granted by the Supreme Council to media service providers for their broadcasts to be transmitted via satellite networks;
r) ‘The Supreme Council’ means the Radio and Television Supreme Council;
s) ‘Broadcaster’ means a media service provider of a radio and/or a television service;
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;
t) ‘Transmission infrastructure of broadcast services’ means the systems and facilities used for the transmission of media services through terrestrial, satellite, cable and similar networks;
u) Broadcast ‘Transmission Authorization’ means an authorization certificate issued by the Supreme Council to multiplex operators, platform operators, infrastructure operators and transmitter installation and operating enterprises for the activation of their transmissions of radio broadcast services, television broadcast services and on-demand media services;
ü) ‘Broadcasting license’ means a permission certificate issued by the Supreme Council to media service providers separately for the each of their broadcasting types, techniques and networks provided that they meet all the conditions stated in the Law and the by-laws and the other regulations prepared in accordance with the Law for allowing them to broadcast via cable, satellite, terrestrial and similar networks by using any kind of technology.
CHAPTER TWO
Licensing Procedures, Broadcast Transmission Authorization Procedures,
Obligations of Enterprises and Sanctions
Satellite Broadcasting license types and broadcast transmission authorization
ARTICLE 5 – (1) Out of the media service provider enterprises who have applied to the Supreme Council for providing a broadcast service via satellite by submitting the necessary information and documents and fulfilling the requirements of the By Law on the Administrative and Financial Conditions - for those who’ll make radio broadcasts; U-RD radio broadcasting license, for those who’ll make television broadcasts; U-TV broadcasting license and for those who’ll provide on-demand broadcasting services; U-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) The satellite platform operators and the infrastructure operators providing the transmission of broadcasting services via satellite 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 related regulations.
Obligations of Media Service Providers and Sanctions
ARTICLE 6 – (1) Each Media Service Provider in demand for providing a broadcast service via satellite 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 satellite platform and/or satellite infrastructure 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 via satellite networks are in conformity with DVB-S and DVB-S2 standards;
g) to inform the Supreme Council if it demands to hire the surplus amount of its capacity to other media service providers, provided that any purchasing provider has a valid satellite broadcasting license;
ğ) 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 satellite 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 antecedent right in making application for a satellite 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 satellite 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 satellite 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 satellite 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 satellite 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.
Satellite broadcasting license fees
ARTICLE 8 – (1) Satellite broadcasting License fee is annually determined in every 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 satellite broadcasting license certificate is arranged.
Term of validity of satellite broadcasting Licenses and their renewal
ARTICLE 9 – (1) Term of the validity of satellite broadcasting licenses is ten years starting from the issuing date of the arrangement of the broadcasting license certificate. The beginning date of the term of license is the date when broadcasting license certificate is issued.
(2) It shall be necessary for a media service provider with its term of license 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’s term of license 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 of license 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 satellite broadcasting license with the required provisions is proven to have been acquired by an enterprise through fraudulent means, the satellite broadcasting license of that enterprise shall be revoked.
(3) If an enterprise which is unable to fulfill its satellite 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 satellite broadcasting licenses,
(5) if a media service provider, although it has owned a satellite 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 procedures 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 satellite platform operators and sanctions
ARTICLE 12 – (1) Each Satellite 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-S and DVB-S2;
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 satellites it uses and a certified copy of the contract that it has signed with the infrastructure operators to the Supreme Council;
ı) to give identity information of the shareholders and administrators of its satellite platform operator to the Supreme Council;
i) to give an explanatory information to the Supreme Council about the technical infrastructure scheme of the satellite 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) Satellite 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 satellite 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) Satellite 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 satellite 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 satellite 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 satellites, 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 satellite broadcasting licenses from the Supreme Council;
d) to ensure transmission of digital broadcasts in accordance with DVB-S or DVB-S2 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 satellites it uses and a copy of the contract it signed with satellite platform operators to the Supreme Council;
g) to present explanatory information about the general scheme of the technical infrastructure of satellite 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) Satellite 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.
Broadcast transmission authorization fee to be paid from satellite platform and satellite infrastructure operators
ARTICLE 14 – (1) Satellite platform operators and satellite 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 satellite 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 satellite broadcasting license or a broadcast transmission authorization to the related enterprise.
CHAPTER THREE
Miscellaneous and Final Provisions
Relationships between satellite broadcasting service providers
ARTICLE 16 – (1) The Supreme Council shall not be held responsible for any legal problem to be arisen possibly due to the contractual relations between the media service providers broadcasting via satellite and the satellite platforms and the satellite infrastructure operators transmitting these broadcasts.
The 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 to media service providers, satellite platform operators and infrastructure operators
PROVISIONAL ARTICLE 1 – (1) license fees for ten years, the media service provider enterprises broadcasting via satellite need to pay for the year 2011 are;
a) For radio broadcasting service : 21.000;00- TL,
b) For television broadcasting service : 210.000;00- TL,
c) For on-demand broadcasting service : 50.000,00- TL.
(2) Annual broadcast authorization fees to be charged for the year 2011 were determined as;
a) For satellite platform operators : 100.000,00 + (number of subscribers × 0,40)-TL
b) For satellite infrastructure operators : 250.000,00- TL
Antecedent Rights
PROVISIONAL ARTICLE 2 – (1) The rights of the organizations which had taken their broadcasting licenses for broadcasting via satellite before the date when the Law came into force, are valid until the end of five years’ license period. After the end of their satellite broadcasting license period, satellite broadcasting license shall be renewed in compliance with provision of Article 9.
(2) The fees to be charged from Satellite Platform Operators for the year 2011 before the publication date of this By-Law shall be deducted 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, satellite broadcasting licenses of the enterprises which have taken their broadcasting licenses for broadcasting via satellite before the publication date of this By-Law and the satellite 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.
Entry into force
ARTICLE 18 – (1) This By-Law shall enter into force 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.