Điều 9 (trang 11), Turkey_Electronic_Electronic Communication Law:

“Authorization Procedure 

ARTICLE 9

(6) The number of rights of use could only be limited when the resources need to be operated by a limited number of operators and for the aim of ensuring the efficient and effective use of resources. In case the quantity of right of use is limited: 

a) The Ministry determines the criteria such as the authorization policy regarding electronic communications services which cover the assignment of satellite position and frequency band in national scale and which need be operated by a limited number of operators, starting date of the service, the duration of authorization and the number of operators to serve and the authorization is done by the Authority. Nevertheless, when deems necessary, the Ministry may open tenders directly on its own, for electronic communications services which  cover the assignment of frequency bands in national scale and which need to be operated by a limited number of operators. 

Điều 9 (trang 11), Turkey_Electronic_Electronic Communication Law:

“Authorization Procedure 

ARTICLE 9

(6) The number of rights of use could only be limited when the resources need to be operated by a limited number of operators and for the aim of ensuring the efficient and effective use of resources. In case the quantity of right of use is limited: 

a) The Ministry determines the criteria such as the authorization policy regarding electronic communications services which cover the assignment of satellite position and frequency band in national scale and which need be operated by a limited number of operators, starting date of the service, the duration of authorization and the number of operators to serve and the authorization is done by the Authority. Nevertheless, when deems necessary, the Ministry may open tenders directly on its own, for electronic communications services which  cover the assignment of frequency bands in national scale and which need to be operated by a limited number of operators. 

CQQL sẽ quyết định việc gia hạn/cấp mới giấy phép tần số hết hạn dựa trên  đánh giá hồ sơ xin gia hạn.

Renewal of radio licenses

PROVISIONAL ARTICLE 3 – (1) Except from public corporations and institutions which use radio equipments and systems in accordance with the authority granted by specific laws; public corporations and institutions, natural persons and legal entities which have been using radio equipments and systems before the enforcement of this Law shall apply to Authority within six months as of the publication date of regulation specified in Article 37 of this Law, with the necessary documents and make their situation appropriate for this Law.

(2) The Authority, upon examining the situations of abovementioned public corporations and institutions, natural persons and legal entities shall renew the radio licenses of those which it deems suitable. The Authority shall revoke the licenses of those which are not suitable and who have not applied in due time.

(3) Except from the receivables accrued within the operators’ liabilities to collect and to pay to the Authority as per their authorizations and specific protocols regarding the collection of radio usage and license fees within the frame of Law no.2813; the collection of the Authority’s receivables; which have not been collected whatever the amount is or the collection of which is impossible whatever the ground is, which have accrued due to the equipments of radio installation and systems that are utilized by administrations included in the scope of general budget, supplementary budgeted administrations, special provincial administrations, municipalities and village legal entities and which have arisen due to the implementation of Law no. 2813 before the enforcement of this Law; as well as the receivables and accessory receivables with the amount of one hundred fifty Turkish liras and the less which have accrued for all kinds of equipments of radio facilities and systems that are utilized by natural persons or legal entities except from those which have been finalized by adjudication shall be deemed as renounced without the need for any procedure. Legal procedures and trials filed for such receivables shall be cancelled.

CQQL về tần số có quyền xác định việc giới hạn quyền sử dụng tần số nhằm mục đích đảm bảo việc sử dụng hiệu quả tài nguyên tần số.  

Phương thức cấp quyền

Điều 9.

(4) The Authority is entitled to determine whether electronic communications services for which the right of use is requested, and the number of rights of use for mentioned services should be limited or not.

(6) The number of rights of use could only be limited when the resources need to be operated by a limited number of operators and for the aim of ensuring the efficient and effective use of resources. In case the quantity of right of use is limited:

a) The Ministry determines the criteria such as the authorization policy regarding electronic communications services which cover the assignment of satellite position and frequency band in national scale and which need be operated by a limited number of operators, starting date of the service, the duration of authorization and the number of operators to serve and the authorization is done by the Authority. Nevertheless, when deems necessary, the Ministry may open tenders directly on its own, for electronic communications services which cover the assignment of frequency bands in national scale and which need to be operated by a limited number of operators.

b) Necessary procedures pertaining to the performance of electronic communications services which are out of those mentioned in clause (a) and which need to be provided by a limited number of operators and/or to the construction and operation of electronic communications network and infrastructure shall be performed by the Authority.

Luật có quy định chuyển nhượng.

Luật không đề cập đến thời gian cho phép chuyển nhượng kể từ khi được cấp phép.

Luật không đề cập đến việc chuyển nhượng trong trường hợp nào.

Luật quy định chuyển nhượng cần tuân theo quy định và thủ tục của cơ quan quản lý.

ELECTRONIC COMMUNICATIONS LAW 2008

Rights and obligations of the operators ARTICLE 12 – 

(1) The operator shall be entitled to provide the electronic communications services under the scope of his authorization in accordance with the Authority regulations and the requirements specified in his authorization.

(3) In addition to the above obligations, under circumstances which enable the issuance of right of use, considering the factors such as requirements of the sector, international regulations, and technological developments; legislation oriented obligations may be imposed, among which the following have utmost importance: 

a) Type of technology, network or service for which the right of use for frequency has been issued and the scope of service for which the right of use for number has been issued. 

b) Efficient and effective use of frequencies and numbers. C

) Prevention of electromagnetic intervention. 

ç) Number portability. 

d) Directory services. 

e) Duration of authorization. 

f) Transfer of rights and obligations. 

g) Fees for rights of use. 

ğ) Commitments undertaken during tender process. 

h) To obey to obligations as per international agreements regarding the use of frequency and number. 

(4) Procedures and principles pertaining to the rights and obligations of the operators shall be regulated by the Authority.

- Thu hồi khi các hoạt động của DN bị phát hiện là trái với pháp luật. Thủ tục và nguyên tắc thu hồi do CQQL quyết định. Khi thu hồi, các biện pháp cần thiết sẽ được thực hiện nhằm bảo vệ quyền lợi của thuê bao.

- CQQL có quyền thực hiện quản lý phổ tần bao gồm lập kế hoạch phổ tần và ấn định tần số, đăng ký và định giá cũng như kinh doanh phổ tần bao gồm việc thu hồi tần số đã phân bổ và bán lại tần số đó.

ELECTRONIC COMMUNICATIONS LAW

Authorization Procedure 

ARTICLE 9

(10) When the operator’s activities are found as contrary to the legislation, such operator’s right of use shall be revoked in accordance with the procedures and principles determined by the Authority. In cases of revocation, necessary measures shall be taken with a view to protect the subscribers’ rights.

Spectrum monitoring and inspection  

ARTICLE 40 

(1) Inspection of radio equipments or systems to check whether they were installed and operated in accordance with certain techniques and procedures, detection and elimination of electromagnetic interferences, ensuring coordination with security units about radio activities concerning State and individual safety within the scope of legislation, national and international spectrum monitoring, inspection and having third parties inspect the spectrum shall be carried out within the procedures and principles to be determined by the Authority.  

(2) The Authority is entitled to perform spectrum management including spectrum planning and frequency assignment, registration and pricing as well as spectrum trading including the revocation of allocated frequency and resale thereof and to exercise the regulations necessitated by spectrum monitoring and inspection for the effective and efficient use of frequencies.