The Radio and Television Supreme Council has announced a draft Law that aims to repeal the Law regarding the Radio and Television Supreme Council (Law No. 3984). The current version of the Draft Law provides an increased shareholding ratio for non-Turkish citizens in private broadcasting companies. Pursuant to the Law No. 3984, foreign shareholdings in private broadcasting companies are currently subject to a restriction of 25% of the total share capital.

Furthermore, the Draft Law also plans the enactment of a detailed regulation with respect to the transition to the Digital Terrestrial Television system in Turkey and the removal of restrictions preventing existing non-Turkish shareholders in private broadcasting companies from becoming shareholders in other broadcasting companies.

The Regulation on the Establishment and Duties of the Turkish Radio Television Authority (TRT) (published in the Official Gazette dated 20 October 2009 and numbered 27382) has been enacted. This regulation sets forth in detail the organisational structure and duties of TRT and some of its departments.

The Tariff Regulation (published in the Official Gazette dated 12 November 2009 and numbered 27404) has been enacted. The purpose of this regulation is to establish efficient competition in the electronic communications sector, as well as to regulate and monitor tariffs in order to ensure that the rights of consumers are protected. This regulation sets forth principles and procedures applicable to the tariffs to be used by operators in their provision of electronic communication services to end-users.

The Regulation on Porting (published in the Official Gazette dated 2 July 2009 and numbered 27276) has been enacted by the Information and Communication Technologies Authority (“ICTA”).  This Regulation was prepared by the ICTA taking into consideration the provisions of the newly enacted Electronic Communications Law (Law No. 5809) (published in the Official Gazette dated 10 November 2008 and numbered 27050). Furthermore, this Regulation contains provisions on the porting system as to how the system may be established and operated.

The Regulation on Spectrum Management (published in the Official Gazette dated 2 July 2009 and numbered 27276) has been enacted.  This Regulation covers procedures and principles regarding the planning and management of spectrums (the allocation, coordination and registration of frequencies) and the return of allocated frequencies for efficient and productive use and for their re-allocation.

The Regulation on Authorisation Regarding the Electronic Communications Sector entered into force on 28 May 2009 with retrospective application as of 10 May 2009. The Regulation provides the principles and procedures of authorisation and the rights and obligations of the authorised operators in detail. Article 5 of the Regulation states that the provision of electronic communications services and/or the establishment and operation of electronic communications networks or infrastructures shall be subject to the obtainment of authorization from the Information Systems and Communications Authority, in light of the strategies and policies of the Ministry of Transportation.