5681

WIRELESS LAW
Law No
Date of Acceptance
Issuing Official Gazette
Issued Norm

: 2813
: 5/4/1983
: Date: 7/4/1983 No: 18011
: Arrangement: 5 Volume: 22 Page: 261

Please see the numerical index organised according to the Laws of

Regulations Corpus for the regulations enforced with the Decision of
Council of Ministers
PART ONE
General Terms
PART ONE
Purpose, Scope and Definitions

Purpose:
Article 1 The purpose of this Law; is to allow for the installation and
operating of every kind of radio systems those are used for communication
purposes and to transmit or receive encoded sound as open or encoded via
electromagnetic waves, data and images and to determine policies, targets
and principals in radio communication field and to make necessary
arrangements on this matter.
Scope:
Article 2 All public institutions and establishments and real and
legal persons are subject to the provisions of this Law. However, the
provisions of this Law are not applied for Turkish Armed Forces and
Undersecreteriat of National Intelligence Agency for their duty fields
stated in its own foundation Law excluding Article 11.
Definitions:
Article 3 The following terms said in the Law text refers to;
a) Term "Radio" refers to the systems used for to transmit or to
receive, to receive or only to transmit or receive encoded sound, data and
images as open or encoded via electromagnetic waves without any physical
connection between them.
b) Term "Radio Television Broadcast " refers to the broadcasting type
which covers broadcasts like sound, television and other type broadcasts
which are performed for the purpose of mass communication via radio waves

c) Term "Radio Broadcasting Control " refers to terminating or

terminating without a limitation or limiting such broadcasts in order to
hinder the aircrafts, warship or other electronic communication equipments
to be benefited from our electromagnetic broadcasts as a navigation
assistant or for the purpose of intelligence in cases of state of emergency
and in cases of consequences related with the security of the country, in
war and mobilization,
d) Term "Interference" refers to every kind of broadcast or
electromagnetic effect hindering every kind of communication those are
supplied in accordance with the related Laws and regulations services or
distorting its quality,
e) (Revoked Provisions: 16/6/2004-5189/12 Art.)
f) (Annex: 2/7/2005-5392/1 Art.) The term Electronic
Identification refers to the identity provided for the wireless devices as
single and unique,
g) (Annex: 2/7/2005-5392/1 Art.) The term Subscriber Identity
and Communication Information, refers to the private information belong to
natural and legal persons and public institutions and establishments having
electronic
communication
service
provided
for
subscriber
by
the
administrator,
Page 1

5682
h) (Annex: 2/7/2005-5392/1 Art.) The term Electronic
Communication refers to transmitting, sending and receiving of sound,
image, marks, symbols and every kind of data those can be converted to
electricity marks via cables, wireless, optics, electricity, magnetic,
electromagnetic, electrochemical, electromechanical and other transmission
systems,
) (Annex 2/7/2005-5392/1 Art.) The term Operator " refers to
the capital company which provides electronic communication service in the
framework
of
authorizations
or
the
company
consisting
of
the
telecommunication infrastructure,
k) (Annex: 2/7/2005-5392/1
refers to Telecommunication Authority,

Art.)

The

term

Corporation

"

l) (Annex: 2/7/2005-5392/1 Art.) The term Board refers to

Telecommunication Board,
m) (Annex: 2/7/2005-5392/1 Art.) The term EIR (Equipment
Identity Register)" refers to mobile device identity description database,
n) (Annex: 2/7/2005-5392/1 Art.) The term CEIR
Equipment Identity Register)" refers to central mobile device
description database,

(Central
identity

o) (Annex: 2/7/2005-5392/1 Art.) The term Device" refers to

the device or the related part of the devices those are connecting to
wireless or to the electronic communication network directly or indirectly,
p) (Annex: 2/7/2005-5392/1 Art.) The term SMS (Short Message
Service)" refers to short massage service,
r) (Annex: 2/7/2005-5392/1 Art.) The term IMEI (International
Mobile Equipment Identity)" refers to international mobile device identity,

PART TWO
General Rules, Foundation and Tasks
General rules:
Article 4 The general rules regarding radio communication are as
follows:
a) Allowance and control for the installation and operation of every
kind of radio systems is under the authority and responsibility of the
State.
b) Transactions for installation, utilization, transporting, changing,
renewing and demounting of radio systems are executed according to
investigations and determination performed after an application.
c) A frequency planning is performed and applied in the region and in
international area in order to provide the most efficient use of frequency
bands and to prevent the interference of every kind of radio broadcasts.

d) It is essential for the radio systems to be installed not to cause

inertia and to assist for the development of the countrys economy and
social development and to complement the National Communication network.
e) Their compliance with the standards those will be determined
according to the arrangements by taking the modern technologic requirements
of radio system and devices those are produced or imported.
f) All radio devices and systems are operated for the benefit of the
Public and for the National defence purposes with the measurements and
arrangements to be applied during state of emergency and in cases of
consequences related with the security of the country, in war and
mobilization
g) Measurements and arrangements are applied for the purpose of
monitoring and preventing of unlawful broadcasts and interferences to be
transmitted over allowed or prohibited frequencies.
h) The applications and Communiques in the places out of Centre are
made via General Directorate of Post Telegraph and Telephone Administration
Foundation:
Article 5 (Amended:27/1/2000-4502/14 Art.)
Supreme Council of Communication has been established to apply
the duty and responsibility of the State and to perform other tasks as
defined in the related Law in the scope of general principals stated in 4th
Article.
With the enacting of this Law Telecommunication Authority with
private and independent budget and its administrative and financial
personality to apply the authorizations and liabilities stated in
accordance with Telephone and Telegram Law No. 406 dated 4.2.1924. The
Authority is independent while performing its duties.(1)
The Authority is directly associated with Ministry of
Transport.

(1)
Please see the Temporary 6th Article of the Law No. 4502 for the
constitution of the very first Board members of Telecommunication
Authority.
Page 2

5683

For the execution of the services stated in (g) clause of 4th

Article following activities are performed by the Authority; to control if
the systems are operated according to the determined techniques and
methods, determination and correction of interferences, cooperating with
the Security organisations of the State regarding the wireless system
operations in relation to security of persons and the State, national and
international technical monitoring services.
The
decision
making
position
of
the
Board
is
Telecommunication Board consisting of one chairman and six members.(1)

the

The chairman is the top officer and therefore he/she is

responsible with the general management and representation of the Board.
The Board with an offer of the chairman elects one of the members as vice
president, vice president acts as a proxy holder on behalf of the chairman
if he/she is on vocation, sick, home abroad mission, deposition and in
other conditions when he is not present.
Salaries of chairman and board members are determined by the
Council of Ministers by the offer of the related Minister not to exceed two
times of salary of the top rank government officer including all premiums.
The title, number, qualification, salaries, other financial
and social rights and the terms of agreements of the staff among the
Corporations staff against permanent staff positions and amendment for
permanent staff and degrees annexed to this Law shall be determined with
the offer of the Board and approval of the State Personnel Directorate by
the Council of Ministers. A premium pay which is not subject to income tax
with every salary will be paid in the scope of methods and principals to be
determined by the Board not to exceed the highest salary rate of the State
officers (Including additional benchmark) (2) as follows,
a)

20

for

the

persons

paid

salaries

of

15th

and

11th

degrees,
b) 25 % for the persons paid salaries of 10th and 7th degrees,
c) 30 % for the persons paid salaries of 6th and 4th degrees,
d) 35 % for the persons paid salaries of 3rd and 1st degrees.
A premium can be paid for chairman of the board and members
and for the contracted staff to be employed against an agreement for a
permanent staff as proportional to the number of days they have worked with
an amount equals to their March, June, September and December salaries.
Moreover two premiums will be paid by taking the work efficiency and other
issues into account.
Corporations staff are subject to the Law of State Officers
Act without prejudice to the provisions set out in this Law.

Board members and Staff of Corporation may not disclose the

information and trade secrets they have gained for the authorities and
third persons during supervisions and investigations except the legal
authorities for whom and authorization is given for this purpose and may
not utilize for their personal benefits. This liability will continue after
they quit. Money, documents, files and every kind of goods of the
Corporation is the property of the State. Board members and Corporation
staff shall be counted as State Officers during their employment for the
crimes they have committed or for the crimes committed against themselves.
All references made in this law and other legislation for
General Directorate of Wireless Systems and General Directorate of Radio
Communication and Telecommunication Authority and for the General Manager
of Wireless Systems and General Manager of Radio Communication will be
respected to refer to the Chairman of the Board.
The corporation is not subject to Public Procurement Law of No.
2886 dated 8.9.1983, Fare Payments Law of No. 6245 dated 10.2.1954 and
General Accounting Law of No. 1050 dated 26.5.1927 for visa and registration
and to the provisions of Law of Turkish Court of Auditors with No. 832 dated
21.2.1967. The corporation is supervised by Turkish Court of Auditors. The
income of the Corporation exempt of any tax, duty and fees. (3)
A provincial organisation can be established compatible with
the legislation of the Corporation.
Revenues of the Corporation are stated below:
a) Salaries per Article 27,
b) Other fees to be collected from operators for the purpose
of contribution to the expenses of the Corporation with the condition that
these must be stated in the telecommunication license or in the related
concession agreement and in the scope of appendix 19th Article of the
Telephone and Telegram Law dated 4.2.1924 with No. 406 with an amount of 00
5 % (five over ten thousand),

_______________
(1) Expression four sated in this paragraph has been amended as six
with the 7th Article of the Law dated 16/6/2004 with No. 5189 and has been
recorded to the text.
(2) Regarding the said permanent staff please see Law No. 4502 (6th Volume
page 7759).
(3) Please see 81st Article of the Law No. 5018 dated 10/12/2003 and 37th
Article of 2005 Financial Year Budget Law of No. 5277 dated 28/12/2004 for
the execution of this paragraph.
Sayfa 3

5684

c) The examination fee to be collected by the Corporation for

providing certificate for amateur wireless operators and operator license
from the participators to the examinations,
d) Revenues to be gained from every kind of printed documents,
form and publications,
e) Revenues to be gained from consultancy services,
f) Revenues to be gained from courses, meetings, seminars and
training activities,
g) Support to be provided from General Budget when needed,
h) Counsel fees remaining out of the department estimated for
the benefit of the corporation and distributed,
) Administrative penalties to be applied by the Corporation,
j) Every kind of contributions, aids and other revenues.
Rules and procedures for the revenues and expenses of the
corporation shall be arranged by the regulation.
Foundation, working rules and duties of Supreme Council of
Communication:
Article 6 (Amended first paragraph: 27/1/2000 - 4502/15
Art.) Supreme Council of Communication is a supreme board consisting of
Interim Minister and Transport Minister and ()(1) and Undersecretery of
National Intelligence Agency and General Staff Electronic Communication
President with the presidency of Prime Minister or with the presidency of a
State Minister to be appointed by the Prime Minister.
Other Ministers, and authorities of the public institutions
and establishments those found to be suitable by the Chairman and by the
General Manager of Wireless Systems can take part in the meetings of the
Board.
Board assembles two times in a year in March and September.
Prime Minister can be called for the meeting as ex officio or with the
offer of the Minister of Transport hen necessary.
Rules and procedures of the Board are arranged by the Prime
Ministry.
(Amended: 27/1/2000 - 4502/15 Art.) Duties of Supreme Council
of Communication is to recommend to Ministry of Transport for wireless
communication and to follow up the applications on these matters.

Secreteriat works of Supreme Council of Communication are executed by the

General Directorate of Communication by the Ministry.
Duties of Telecommunication Authority

(2)

Article 7 (Revoked first paragraph: 28/5/1986 - 3293/2 Art.)

Duties

of

General

Directorate

of

Wireless

Systems

are

as

follows:
a) (Amended: 27/1/2000 - 4502/16 Art.) To prepare the
necessary
plans
in
the
field
of
wireless
communication
and
telecommunication and to submit to the Ministry of Transport and to
accompany the activities of other related institutions and establishments
and natural and legal persons in the scope of rules and procedures stated
in this Law and Telephone and Telegram Law No 406 dated 4.2.1964,
b) To follow up the developments in electronic and
electromagnetic technology by cooperating with the producer and researcher
establishments in the field of wireless communication and industry.
c) To follow and check, investigate, evaluate the applications
executed in the scope of this Law and to submit information to the Ministry
of Transport and to the Supreme Council of Communication for issues where a
necessity is found.
d) To execute every kind of frequency, planning, supplement
and registration transactions including radio and television transmitting
stations
by
cooperating
with
international
institutions
by
taking
broadcasting periods into account.
e) To carry out the necessary transaction by cooperating with
units tracing and determining the unlawful broadcasts and interferences.
f) (Amended: 27/1/2000 - 4502/16 Art.) To execute duties
stated in this Law, to keep every kind of records and to execute the
necessary technical and administrative penalties for the persons who do not
obey the current provisions.
g) (Amended: 27/1/2000 - 4502/16 Art.) To inform opinions
for the concession agreements and telecommunication licences those will
be granted by the Ministry of Transport regarding telecommunication
services to be supplied by the capital companies established in Turkey
and/or regarding their infrastructure,

(1)
Expression General Secretary of National Security Council has
been revoked form the article text with the 2nd Article of Law No. 5218
dated 14/7/2004.
(2)
Since the title of the 7th Article was Foundation and Duties of
General Directorate of Wireless Systems it has been amended as Duties of

Telecommunication
27/1/2000.

Authority

with

16th

Article

of

Law

No.

4502

dated

Sayfa 4

5685

, to prepare offers for the Ministry for the preparation of general

allowance, to supervise the application of the terms and provisions of the
said concession agreements and telecommunication licenses and their
appropriateness for the general allowances and to take necessary measure
for this matter.
h) (Amended: 27/1/2000 - 4502/16 Art.) To determine the
general criteria regarding price tariff to be applied for other operators
and terms of agreement and technical issues for interconnection between
users to be benefited from telecommunication services and infrastructure
and telecommunication networks, to investigate the tariffs, to evaluate
them, to approve the necessary ones and to trace their application.
) (Annex: 27/1/2000 - 4502/16 Art.) Performing of the
services of the operators which carry out their activities regarding
telecommunication services and with their infrastructure compatible with
the Law, and to provide the management of infrastructure and also to
provide the companies which produce various types of telecommunication
equipments and devices a competitive environment in Turkey and to take
encouraging measures,
i) (Annex: 27/1/2000 - 4502/16 Art.) Cooperating with the
related institutions and establishments for every kind of system and
devices to be used in wireless communication and telecommunication in home
and abroad to determine performance standards which are the basis for
production and utilization by taking the latest developments into account
and to apply them,
j) (Annex: 27/1/2000 - 4502/16 Art.) To enact regulations for
the matters in its duty field regarding wireless communication and
telecommunication services and the management of infrastructure and to
perform other administrative processes, to supervise the compatibility of
operators, subscribers, users and all natural and legal persons who affect
Turkish Telecommunication sector, and to activate related position on this
matter and to apply punitive sanctions those envisaged in the Laws when
necessary.
k) (Annex: 27/1/2000 - 4502/16 Art.) In order to provide
performing of every kind of broadcast including radio and television from
pre-determined emission points to determine the related rules and
procedures for installation of common antenna system and facilities,
l) (Annex: 27/1/2000 - 4502/16 Art.) To fix, modify, collect
or to cancel the fees which are stated in Article 27 determined by Ministry
of Finance every year not to exceed revaluation rates and to arrange rules
and procedures regarding these, to approve the Annual Budget, final
accounts for revenues and expenditures and annual work program of the
Authority and to make transfer for the budget among the accounts or to
decide to take over the budgetary surplus to the general budget if needed,

m) (Annex: 15/1/2004-5070/24 Art.) To perform the given duties

with Electronic Signature Law,
n) (Annex: 25/5/2005-5369/10 Art.) To supervise the universal
service quality and standards in the scope of provisions of related Law and
to determine the rules and procedures with regulations and to take
necessary measures on this matter,
o) (Annex: 27/1/2000 - 4502/16 md.) To perform other duties
set out n Laws.

T1)
(Annex: 27/1/2000 - 4502/16 md.) The Authority is authorized
to investigate the attitudes , plans and applications contrary to
competition in telecommunication sector and issues regarding performing of
telecommunication services and the management of its infrastructure as ex
officio or by complaints and also authorized to request the provision of
information and documents for the matters in its duty field. The Authority
before publishing of regulations and other general administrative processes
regarding telecommunication services and infrastructure and to provide
opportunity for the related parties to comment on point of views which will
be disclosed to public the Authority takes required measures. Authority can
take necessary measures to protect consumers.
(Annex: 27/1/2000 - 4502/16 Art.) Competition Board, including
investigations
and
audits
to
be
performed
in
relation
with
telecommunication sector and also including the decisions for associations
and transfers shall in priority take the views of the Authority and general
arranging transactions of the Authority into account.

__________________
(1) m paragraph has been added to 24th Article of Law No. 5070 dated
15/1/2004 and the current m paragraph has been modified as n
paragraph, and afterwards with 10th Article of Law No. 5359 dated
16/6/2005 it has been modified as o paragraph.
Page 5

5686

Staff Qualifications
Article 8 (Amended: 27/1/2000 - 4502/17 Art.) Chairman and
members of Board are appointed by the Council of Ministers for a period of
five years. Re-appointment of chairman and members of the Board after
expiration of their term of office is possible. However in case if chairman
and members of Board can not perform their duties with the reason of
sickness or similar, malfeasance or to be sentenced with an infamous crime
they can be removed with the decision of Council of Ministers.
The persons who will be appointed for the memberships of the
Board have to have a university degree of at least four years in both home
and abroad in law, economy, finance, engineering, telecommunication,
business administration and finance branches, to have adequate knowledge
and experience for both vocational means and telecommunication services and
they have to work at least for 10 years in public or private sector and to
have the general terms to be appointed as a State Officer and they havent
been charged in one of political parties management, supervision and
supreme councils or to have quit their positions in these political
parties.
(Amended third paragraph: 16/6/2004-5189/8 Art.) Chairman of
Board and one member representing wireless services and two members
representing telecommunication services are appointed among two times of
candidates to be selected by the Minister of Transport.
Two
members
representing
telecommunication
sector
are
appointed among to each candidates to be selected by operators who are
dealing with production of telecommunication devices and systems or who are
serving in the field of telecommunication and having at least 10 % share of
telecommunication market in Turkey. The determinations regarding service
markets and market shares of operators for the application of this Article
shall be made by the Authority and as final. Every operator whatever their
market share is may field at most two candidates. (1)
The member representing consumers is appointed among each of
two candidates to be field by Ministry of Trade and Industry and The Union
of Chambers and Stock Exchanges of Turkey.
In case if there shall be a missing position for Board
memberships for any reason, selection and appointment is made for the
missing positions in three months in the scope of above mentioned
procedures. The persons appointed in this manner shall complete the term of
the previous member. In case if the Board is hindered for decision making
with the missing participation, chairman of Board shall act as a proxy for
the Board member who is not participating to the meeting. In case if the
Chairman of Board does not participate to meeting the vice president shall
act as proxy. In case if the members of the Board do not participate
consecutively for four Board meetings without any excuse the related member
of Board shall be counted as to resign from the Board, and immediately the
appointment process of the new member shall be commenced.

The members of Board can not serve in an official or private

works unless it is stated in a private Law, can not deal with trade, can
not have a self employment and especially they can not be managers of
shareholders
of
any
telecommunication
company.
Member
representing
telecommunication sector must have no relations with the operator company
which fielded himself as a candidate and may have not relations with the
said company as an employee, consultant or as a shareholder.
Board shall assemble with the participation of at least four
members and have decisions of at least three members voting in the same
direction.
The persons personally themselves and persons having
propinquity in degrees as stated in (3)rd Paragraph of 245th Article of Code
of Civil Procedure of No. 1086 or shareholders of these persons can not
participate to the voting process for telecommunication company n which
they are managers or top level employee.
For the application of Republic of Turkey Retirement Fund Law
No. 5434 additional charts table and executive compensation shall be
applied for Chairman as a Ministry Undersecretary, for Members of Board as
a deputy secretary, for vide presidents of Board as general manager of
ministry, for private department directors and regional directories as
assistant general manager of ministry by means of retirement. The periods
spent in these missions are counted to be spent for the missions for which
executive compensation must be paid. Additional charts table will be
applied for the staff with other titles belonging to the equivalent chart
tables stated in State Officers Law of No. 657. During the period of the
persons which they have worked as Chairman or as members their relations
shall be cut for their previous missions. However the persons subject to
State Officers Law of No. 657 or personnel regime which is organised with a
private legislation shall be appointed by the related Minister to
equivalent positions after their mission in Board is expired with their
application.

__________________
(1) To follow the expression stated in this paragraph Representing the
Telecommunication Sector the expression Two has been added and the
expression of one each in the same paragraph modified as two each;
and expression one has been modified as two with 8th Article of the
Law No. 5189 dated 16/6/2004 and also added to the text.
Page 6

5686-1

PART TWO
Wireless Devices
PART ONE
General Provisions
Rules of Wireless Devices Installation and use:
Article 9 Permission can be granted for wireless system installation and
use for amateur purposes for natural and legal persons and for training and
education institutions for (...)(1) if needed for the benefit of National
Security or for the benefit of the public of and to public institutions or
establishments.
(Revoked second paragraph: 16/6/2004-5189/12 Art.)
(Amended: 28/5/1986 - 3293/4 Art.) The wireless devices those
are operating in the given frequency bands and power those are supplied for
the purposes determined with regulations can be used without installation
and utilization permission with the condition of registering.
Special Provisions:
Article 10 The wireless facilities those installed or
planned to be installed per agreements or agreement those are signed with
foreigner counties are subject to special provisions in this agreement or
in related agreements if any.
License
for
installation
and
utilization
of
wireless
transmitter, receiver and transmitter-receiver device can be granted for
the diplomatic agencies of foreigner countries in Turkey with the decision
of Council of Ministers subject to reciprocity principal in order for them
to communicate with their government.
Supply and Registration of Frequencies:
Article 11 In anyway the persons who will apply for
installation of wireless transmitter device will inform the required
information to the Ministry of Transport and have to make frequency supply
and registration transactions. Priority shall be granted to Turkish Armed
Forces, National Intelligence Agency, General Directorate of Security and
Coast Guard for frequency supply.
Amateur Wireless Operations:
Article 12 Amateur Wireless Operator certificate is granted
by the Ministry of Transport to be renewed in every three years for the
persons who are determined in accordance with the procedures stated in

related regulation and who are determined to have qualifications to operate

amateur wireless station for the purpose of education himself in radio
communication field with individual will and effort without having no
corporeal or political interest and especially by obeying the requirements
of national security.
(...)(2)No amateur wireless operator certificate shall be given
or the given ones shall be cancelled for the persons who are prohibited
from Public services or even if they are discharged the persons who are
sentenced from the crimes written in 1st Chapter of 2nd Volume of Turkish
Criminal Code, and sentenced from the crimes of agitating the people by
social class, race, religion, denomination or region as stated in 2nd
Paragraph of 312 Article of the same Law and the persons who are sentenced
of actions stated in 1st, 2nd and 3rd paragraphs of 536th Article of Turkish
Criminal Code and the persons who are sentenced of the actions for the
purposes of political and ideological purposes of actions stated in
1,2,3,4,5th paragraphs of 537th Article of the same Law.

(1) The expression in this parts as not providing communication with

the facilities of General Directorate of Post Telegram and Telephone
Administration or, has been revoked with 12th Article of the Law No.
5189 dated 16/6/2004.
(2)
In this paragraph the expression the persons not reaching the
lawful age, has been revoked with 18th Article of the Law No. 4502
dated 27/1/2000.
Page 7

5686-2

PART TWO
Wireless Transmitter, Transmitter-Receiver Devices
Licence Compulsion:
Article 13 The public institutions and establishments and
natural and legal persons who are given the license for the installation of
wireless transmitter and transmitter receiver facility have to have a
license for every transmitter or transmitter receiver devices.
A license given for a device is only valid for that device. In
cases when it is necessary to use more than one device and methods to be
applied for mobile systems shall be stated with regulations with condition
that their technical specifications per the license to remain same.
In case if the utilization of wireless transmitter
transmitter receivers are given up their licenses will be cancelled.

and

(Revoked final paragraph: 28/5/1986 - 3293/4 Art.)

Modifying of place, technical specification or operation type:
Article 14 The modification of place, technical specification
or the operation type of constant wireless facilities by gaining a licence
is subject for the permission of Ministry of Transport. License also
changed while giving the said permission.
For the changes made without having any permission the license
of wireless facility is cancelled and provisions of Article 13 are applied
for the said wireless facility.
Procedures to be applied for mobile systems are determined by
regulations.
Operating of wireless devices:
Article 15 The public institutions and establishments and
natural and legal persons for whom a license has been granted may not
operate their wireless systems until they are investigated and controlled
and the related permission is given. (1)
Applications on this matter shall be concluded by Ministry of
Transport in thirty days.
Compulsion for having a licensed operator:
Article 16 Which of the wireless devices belonging to public
institutions or establishments or natural or legal persons for whom a
license has been granted by Ministry of Transport will be operated by

certified operators are stated in regulations. The licenses of the persons

operating wireless systems without certification will be cancelled by
Ministry of Transport according to the procedures those will be set out in
regulation.
Operator certification:
Article 17 The operators operating wireless devices stated
in sixteenth article shall have certificates according to the provisions of
Annex Radio Decree for International Telecommunication Agreement.
It will be determined how these certification will be granted
by a regulation to be arranged by Ministry of Transport and certifications
shall be renewed per five years.
Control of wireless broadcasts:
Article 18 (Amended: 4/7/1988 - KHK-336/1 Art.; Accepted as
it is:7/2/1990 - 3612/57 Art.)
Ministry of Transport shall apply the control of wireless
broadcast control by announcing with the request of Prime Ministry and
General Staff. Since this application can be for a particular facility and
region can be also for the whole country.
Supervision of Wireless Systems:
Article 19 Ministry of Transport is authorized to supervise
every kind of wireless facilities belonging to public institutions and
establishments in Turkey and also devices belonging to natural and legal
persons However, the wireless facilities and the wireless systems of
diplomatic agencies are excluded of this provision.

(1)

Please see annex 1st Article for the application of this provision.
Page 8

5687

The utilization permission of wireless systems which their

illegal conditions contrary to terms and conditions in the law and
regulation shall be suspended until the required arrangements are performed
and their devices shall be sealed. Of this correction is not made in the
period set out in the regulations their licenses shall be cancelled
according to the procedure they have previously given.
The wireless facilities in foreigner sea vessels entering to
Turkish seas territorial waters and harbours and wireless facilities in
foreigner aircrafts entering to Turkish air corridor shall be supervised by
Ministry of Transport within the procedures determined with the Turkish
Legislation for the compatibility to the provisions and decrees of
International Telecommunication Agreement The rules and principles for this
supervision and every kind of transactions to be applied for every type of
wireless devices to be used in land vehicles for the purpose of communication
shall be arranged by regulation.
Correction of Interferences:
Article 20 The owners of other devices or equipments making
interferences to the wireless systems for the reason of faults originating form
not meeting with the requirements of wireless system operations are responsible
to take necessary actions to correct these interferences.
The disputes those may rise on this
investigated and concluded by the Ministry of Transport.

matter

shall

be

The licences of the device or equipment owners shall be

cancelled who fail to take necessary actions to correct the interferences
causing by the said device or equipment within the period stated by
Ministry of Transport and the activity of the equipment shall be
terminated.
Coast Wireless System Stations:
Article 21 The authorization of installation and operation
of coast wireless system stations to provide the public communication of
sea vehicles with the land only belongs to General Directorate of Coastal
Safety and Salvage Administrations.(1)
Wireless communication of air and sea vehicles:
Article 22 How many wireless devices and in which harbours
of Turkish sea and air vehicles, their technical specifications and types
of movements of Turkish and foreigner sea and air vehicles and the rules
they must obey for wireless communications are determined with regulation.
It is not allowed for the sea and air vehicles having no
adequate number and technical specification of devices set out in
regulations to navigate.

PART THREE
Wireless Receiver Devices
Wireless receiver devices:
Article 23 Wireless receiver devices are separated to two
for the process they will subject to:
a) Devices used for receiving radio and television broadcasts.
b) wireless devices used for receiving every kind of images,
sound and data and recording those are used for the purpose of
communication via electromagnetic waves excluding the ones stated in
paragraph (a).

________________
(1) The expression in this article as General Directorate of Post
Telegram and Telephone has been amended as General Directorate of
Coastal Safety and Salvage Administrations with 9th Article of the Law
with No. 5189 dated 16/6/2004 and added to the text.

Page 9

5688
Compulsion for License:
Article 24 (Amended First Sentence: 4/12/1984 - 3093/8 Art.)
The persons to operate the receivers stated in (a) clause twenty third
article must have stickers or labels, and the persons to have the wireless
receiver devices stated in (b) clause rather than the purpose of selling
must have license from Ministry of Transport. One license is given per
every receiver device. In cases when it is necessary to use more than one
device and methods to be applied for mobile systems shall be stated with
regulations with condition that their technical specifications per the
license to remain same.
The receivers belonging to the foreigners coming to Turkey as
a tourist or with a temporary mission or receivers brought to Turkey
temporally by the citizens resident abroad or receivers mounted to the
vehicles and receivers stated in article 23 as they have recorded to these
peoples passports are not subject to licence. However in cases of state of
emergency, martial law, mobilization and in war which are announced per
120th Article of the Constitution a limitation can be brought for the
operation of devices stated in (b) clause of 23rd Article.
Changing of places of receiver devices and closing of their
records:
Article 25 Transport of wireless receiver devices those are
stated in (b) clause of twenty third article must be informed to the
Ministry of Transport in thirty days after closing of its record before the
transportation.
Transport of devices stated in (a) clause of twenty third
article or closing of its record processes shall be made according to the
provisions of private law.

PART THREE
Devices Having Electronic Identity Information
(Annex : 2/7/2005-5392/2 Art.)

Devices Having Electronic Identity Information

Article 25a- Unless it is approved by the Authority the
private information having private subscriber identity and communication
information or electronic identity information used for identification of
devices can not be recreated, changed or copied or can not be distributed
for any purpose.

The import, production, distribution or promotion for devices,

cards,
tools
or
equipments
which
their
electronic
identification
information has been changed can not be made, they can not be kept or
mediated.
The
software
used
to
make
changing
of
electronic
identification information for tools and equipments are confiscated
according to the provisions of 127th Article of Code of Criminal Procedure
with No. 5271 dated 4.12.2004.
The trade of devices having electronic
information and the used devices can not be made.

identification

Security of subscriber and device identity information

Article 25b- Every type of software, cards, tools and
equipments
those
keeping
subscribers
identity
and
communication
information and electronic identification information of the devices can
not be copied, kept, distributed and can not be operated to provide benefit
for himself of others without authorization and allowance.
No false documents or information may be submitted during the
subscriber registration on behalf of the operator or its agent.
No subscriber registration shall be made without checking the
required identification documents for subscription of the operator or its
agency.
The rules and procedures for subscription shall be determined
with regulations to be constituted by the Authority.
Page 10

5688-1
Operators
Article 25c- The operators can not provide electronic
communication service with lost, smuggled or stolen devices and with
devices which their electronic identity information which are kept in CEIR
of the Authority.
In order to prevent the connection of above mentioned illegal
devices to the communication networks the operators are obliged to adapt
EIR systems to CEIR system in the Authority and to provide the related
technical infrastructure and system reliability in five months after this
Law enforced and to operate without any fault.
By immediately determining by the Authority or
the faults stated in second paragraph five business days
for the operator to correct the fault. In case if the
corrected the operator shall immediately inform its excuses
Authority for a time extension.

the Operator of
period is given
faults are not
to apply to the

Information and denunciation

Article 25d- The Authority establishes or have others
establish an information and denunciation centre for the devices having
electronic identity information. The persons whose devices are stolen,
plundered, lost or the persons who disposed the devices without their will
shall immediately apply to the Authoritys information and denunciation
centre to cut the electronic communication connection of the device. When
the Authority gained information about the crime for the suspect these
information is given to Chief Public Prosecutors Office.
PART FOUR

(1)

Miscellaneous Provisions

Sales and transfer of wireless devices:

Article 26 The sales or transfer of licensed transmitters,
transmitter- receiver or the wireless receiver devices to others stated in
(b) clause of article 23 is subject to the permission of Ministry of
Transport and for the modification of the related licenses.
Tariffs:

(2)

Article 27 (Amended: 28/5/1986 - 3293/5 Art.)

For the wireless systems to be used for the purpose of this
Law; the fees to be taken against, giving a license, modification,
operation allowance, amateur wireless operating certificate, technical
examination and supervision and check and similar services are shown in
annex price tariff. The wireless system prices included in this tariff
shall be collected by the General Directorate of Wireless Systems. The

amount of tariff prices may be increase to ten times by the Council of

Ministers or decreased by fifty percentages. (3)
The collected amounts which are not used within
year is blocked in one of the State Banks to be entered as
General Directorate of Wireless Systems in the next years
allocation which is not spent within the year shall be subject
procedure for the next years budget.
The

collection

of

these

amounts

is

subject

the related
receipt for
budget. The
to the same

to

general

provisions.
Council of Ministers is authorized for the customs tax and
related taxes, duties and fees of the technical equipments to be imported
by General Directorate to be exempted or not. For foreign and local
purchasing of technical equipments is not subject to the provisions of
Public Procurement of No. 2886.
(Annex: 8/12/1999 - KHK - 589/3 Art.) For disasters like
earthquake, fire, fluid, landslide, falling of rocks, avalanche and
similar; the public institutions and establishments in the settlement
places of disaster shall be exempted for the current and the following year
from the wireless system operating feed. However, the previously paid
amounts are not returned.

(1) THIRD PART has been added to the Law with 2nd Article of the Law No.
5392 dated 2/7/2005 and other parts have been modified again.
(2) Please see 37th Article of Financial Year 2005 Budget Law with No. 5277
dated 28712/2004 which is issued in Official Gazette with No. 25687 (Rep.)
dated 31712/2004.
(3) Until the required modifications are made for this Law it has been
decided that the expression of 10 times will be applied as up to 50
times with 9/b Article of Law No. 4222 dated 18/12/2006 and then with 7th
Article of Financial Year 2000 Budget Law for Annex Budget Institutions
with No. 4496 dates 28/12/1999 as One hundred times
Page 11

5688-2
Page 12

5689
Wireless devices not subject to any fee:

(1)

Article 28 The following wireless devices are subject to

license however they are not subject to any fee:
a) Wireless devices regarding hospital and health services,
b) Wireless facilities of the foreigner states agencies in
Turkey for the procedure of mutuality,
c) Wireless devices which are used in higher education and
high schools with the condition that they operate in amateur band and not
to have broadcasts for the purpose of radio television broadcasts,
d) Wireless devices which will be operated by Kzlay to
perform its services,
e) (Amended: 28/5/1986 - 3293/6 Art.) Every king of wireless
facility and wireless devices in their systems of Interim Ministry and
associated establishments.
Procedures to be
assembling of wireless systems:

applied

for

production

imports

and

Article 29 The import and production of every kind of

wireless transmitter, transmitter-receiver and wireless receiver devices
stated in (b) clause of Article 23; are subject to allowance with the offer
of Communication Supreme Council and for compatibility to standards those
will be constituted by Council of Ministers. It is not allowed for the
import and production of devices those are not incompatible with these
standards. However the prototype production which is made for the purpose
of research and development is not covered by this provision.
The importers and producers are obliged to submit every
required technical qualification and information for the devices they have
produced or imported, operation instructions and assembling schemes during
when the import or production is made, in case if a modification is made on
devices or if a model change has been occurred immediately and the
information regarding the modification or alterations and the list showing
that to whom these devices are sold to Ministry of Transport as four copies
in every quarter of the calendar year.
The establishments and persons trading of every kind of
transmitter, transmitter receiver and wireless receiver devices those are
stated in (b) clause of 23rd Article are obliged to inform on which dates
and to whom and how many they have sold from these devices to Ministry of
Transport as four copies in every quarter of the calendar year.
The sellers are obliged to submit the information forms
stating the technical specifications of the devices and also the schemes to
the buyers.

Turkish

The production and import of devices those are required by

Armed Forces and Cost Guard, Undersecreteriat of National

Intelligence Agency and General Directorate of Security is exempted from

this provision.
Security and protection measures:
Article 30 The public institutions and establishments and
natural and legal persons operating wireless systems are obliged to take
measures to prevent the use of devices by unauthorized persons.
Natural and legal persons except the public institutions and
establishments can not communicate on wireless devices as encoded.
The
encoded
communication
of
public
institutions
and
establishments over wireless systems can be made only with the allowance
and decision of Supreme Council of Communication.

(1) The Article title has been amended and recorded to the text with 6th
Article of Law No. 3293 dated 28/571986.
Page 13

5690
Turkish Armed Forces, Cost Guard, Undersecreteriat of National
Intelligence Agency, General Directorate of Security and Foreign Ministry
is authorized for encoded communication over wireless communication
systems. The encoded communication over the said wireless system rather
than the institutions stated above shall be decided by General Staff. The
issues regarding that shall be determined by regulation.
The wireless devices to be used by foreigners in prohibited
zones:
Article 31 The license for the foreigners who are allowed to
be on prohibited zones to operate transmitters, transmitters-receivers and
for wireless devices stated in (b) clause of 23rd Article is subject for the
permission of General Staff. The identifications of the foreigners given
such licenses and the place and qualification of devices must be informed
to Prime Ministry, General Staff, Interim Ministry by Ministry of
Transport.
Penalty Provisions:
Article 32 The persons committing the flowing actions will
be punished in accordance with the provisions of this Article even if their
actions forms another type of crime:
a) The persons installing transmitters or transmitter
receiver wireless facilities without a licence per 12th Article or the
persons operating these facilities to gain corporeal interest or for
political purposes or without taking National Security issues into account
will be sentenced for prison for a period of six months to one year.
The persons installing transmitter or transmitter receiver
facilities without taking a licence will be punished one year up to three
years of prison according to the provisions set out in Article 13.
In case if the actions defined in above paragraphs are
realized in condition of extraordinary cases, martial law or mobilization
or in war which are announced according to 120th Article of the
Constitution; in cases stated in first paragraph prison to two years up to
five years, in the case stated in second paragraph prison five years to ten
years will be applied.
In case of sentencing according to the provisions set out in
this clause additionally it can be decided for the confiscating of the
facilities.
b) The persons modifying technical specifications or operating
types of constant wireless facilities without taking any required
permission per Article 14 will be punished with a prison punishment from
two months up to six months.
c) The persons operating wireless devices without taking the
operation permission stated in Article 15 shall be punished to corporeal

penalty of thirty thousand Turkish Lira to One Hundred Thousand Turkish

Liras.
d) The persons who operate their wireless devices in contrary
for the decision announcement of Wireless Broadcasting Control of Ministry
of Transport regarding the termination or limiting of wireless transmitters
or transmitter receiver devices stated in Article 18 are arbitrated for a
prison punishment from five years up to ten years and confiscation of the
devices.
e) The licences of the persons devices which are cancelled by
the Ministry of Transport according to the provisions set out in Article 20
will be punished for prison from three months up to six months.
f) The persons keeping wireless transmitter devices stated in
(b) clause of Article 23 without having any licenses as stated in Article
24 will be punished with corporeal penalty from thirty thousand up to one
hundred thousand Turkish liras.
Page 14

5691

The persons acting against these rules during extraordinary

cases or martial law or mobilization or in war will be punished for prison
from six months up to two years.
g) The persons acting against the provisions of Article 25 for
the transport to another place or closing of records of wireless receiver
devices stated in (b) clause of Article 23 will be punished with corporeal
penalty from ten thousand up to thirty thousand Turkish Liras.
h) (Annex: 2/7/2005-5392/3 Art.) Penalties of prison from one
year up to five years and arbitrary corporeal penalty from hundred days up
to five thousand days shall be applied for the persons acting against first
and second paragraphs of Article 25a of the Law, and administrative
corporeal penalty from hundred YTL up to ten thousand YTL for the persons
acting against the fourth paragraph. This administrative corporeal penalty
shall be applied by the gendarmerie forces.
In case if the crimes defined in this Article realized by an
organization the penalties will be increased by half percentage. The
natural persons acting against these rules will be punished according to
security measures stated in Turkish Criminal Code No. 5237 dated 26.9.2004.
i)
first paragraph
one year up to
from six months
to one year.

(Annex: 2/7/2005-5392/3 Art.) The persons acting against

of 25b Article of this Law will be punished for prison from
three years; the persons acting against second paragraph
to two years; the persons acting against third paragraph up

In case if the crimes

organization the penalties will be
persons acting against these rules
measures stated in Turkish Criminal

defined in this Article realized by an

increased by half percentage. The legal
will be punished according to security
Code No. 5237 dated 26.9.2004.

j) (Annex: 2/7/2005-5392/3 Art.) An administrative penalty

from twenty thousand YTL up to four thousand YTL shall be applied for the
persons acting against first paragraph of 25c Article of this Law excluding
the conditions defined in third paragraph of the Article.
An administrative penalty of ten million YTL shall be applied
for the persons acting against the second paragraph of second Article.
An administrative penalty from five hundred thousand up to one
million YTL will be applied for the persons acting against third paragraph
of the Article.
The administrative corporeal penalties stated in this clause
shall be applied by the Authority.
k) (1) It is arbitrated for the persons who purchase or sell
or transfer wireless transmitter or transmitter receiver devices without

taking the permission of Ministry of Transport according to the provisions

of Article 26 to be punished from one year to three years and their devices
to be confiscated.
It will be arbitrated for the persons who purchase, sell or
transfer wireless receiver devices stated in (b) clause of Article 23
without having any permission with a corporeal penalty from thirty thousand
up to one hundred thousand Turkish liras and their devices to be
confiscated.
The penalty to be applied for the people who realized the
above mentioned actions during extraordinary conditions or in martial law
or mobilization or in war announced according to 120th Article of
Constitution will be increased by one times.
l) (1) The persons producing or importing devices not
compatible with standards in contrary with the first paragraph of Article
29 will be punished with prison penalty from six months up to two years.
The persons who import or produce every kind of transmitters
or transmitter receiver devices or the persons who sell them with
commercial purposes will be punished with prison penalty from two months up
to six months and arbitrary corporeal penalty from fifty days up to two
thousand days and the persons acting against 4th paragraph of 29th Article
will be punished for administrative penalty from fifty days up to two
thousand days.
m) (1) The persons who do not have measures for security
regarding the protection of wireless facilities according to the first
paragraph of the Article 30 will be punished from ten thousand lira up to
thirty thousand Turkish lira; and the persons whose acts are determined by
the Ministry of Transport and who fail to take necessary measures within
the given period will be punished for prison form three months up to one
year.
It will be arbitrated for the persons who make or have
others made encoded communication over wireless systems against the second
paragraph of Article 30 to be punished from six months up to one year and
for the confiscation of devices.
___________________
(1) The expressions of corporeal penalty of ten thousand liras up to one
hundred thousand liras and corporeal penalty of ten thousand up to one
hundred thousand liras which are stated in (i) clause of 3rd Article of the
Law No 5392 dated 2/7/2005 has been amended as arbitrary penalty from
fifty days up to two thousand days and (h), (I) and (j) clauses has been
added to follow (g) clause and other clauses have been modified again.
Page 15

5692

The persons realizing encoded communication over wireless

systems without the permission of Communication Supreme Council in contrary
with third paragraph of Article 30 will be punished with prison from three
months up to six months.
The penalty to be applied for the people who realized the above
mentioned actions during extraordinary conditions or in martial law or
mobilization or in war announced according to 120th Article of Constitution
will be increased by one times.
(Annexed paragraph: 2/7/2005-5392/3 Art.) Every kind of
notification processes to be realized by the institution shall be made
according to the provisions of Notification Law of No. 7201 dated
11.2.1959.
Regulations:
Article 33 The issues regarding the application of this Law
shall be arranged according to the regulation those will be prepared by
taking international agreements and other agreements.
Regulations shall be put into force in six months with the
issuing date of this Law.
(Annexed paragraph: 2/7/2005-5392/4 Art.) The issues regarding
the application of Articles 25a, 25b, 25c and 25d shall be arranged by the
regulation or with the decision of the Authority to be issued in two months
after the enforcing of this Law.
Revoked provisions:
Article 34 The Wireless Law of No. 3222 dated 9th June 1937
and its annexes and modifications and the provisions of other Laws giving
authorization for installing and operation of wireless systems shall be
revoked within six months after the enforcing date of this Law.
Annexed Article 1 (Annex: 9/4/1985 - 3178/1 Art.)
General Directorate of Security is free to operate the
wireless devices for which a license is taken and working in a frequency
supplied in every part of the country.
Annexed Article 2- (Annex: 16/6/2004-5189/10 Art.)
The sea communication and navigation security services applied
by Management of Wireless Systems which continues its activities by Turkish
Telekom shall be applied by General Directorate of Coastal Safety and
Salvage Administrations excluding sea communication services granted by
satellite.
Regarding these services, all assets, immovable properties,
inventories, properties, remote control devices and data channels, all
measurement devices, motor vehicles, wireless systems, agreements, rights

and receivables and debts, cases those will be filed or currently filed for
the benefit or against and enforcement proceedings, and staff in this
Directorate and in Antalya and Samsun control centres subject to labour
legislation within Telekom will be transferred to the General Directorate
of Coastal Safety and Salvage Administrations with the protocols to be
signed in three months. All transfer, alienation, and transfer transactions
and every kind of agreements, protocols and documents are exempted from
value added tax and duty tax and every kind of tax, duties and fees and
similar financial liabilities.
The transferred personnel shall be employed in the positions
to be determined by the General Directorate in scope of main status and
legislation of General Directorate and the relation of transferred
personnel with the social security organization and their severance pay
application shall continue in this General Directorate in scope of the same
rules and procedures.
The total net amount of the payments made to the transferred
personnel for their total salaries, premium pays and similar payments on
the date of transfer shall be paid by General Directorate of Coastal Safety
and Salvage Administrations in case if it is more than the total net amount
of monthly salaries excluding premium pays, every kind of payments, over
time pays and additional course fee paid against actual studies until the
difference is totally paid by this General Directorate.
General
Directorate
of
Coastal
Safety
and
Salvage
Administrations
sign
an
agreement
with
Telecommunication
Authority
regarding the services to be performed. The mission agreement will be sent
to Council of State latest in two months for their point of views after
informing of Council of State its points of views in two months this
agreement
signed
between
General
Directorate
and
Telecommunication
authority enforce. Turkish Telekom continues to perform its services until
the signature of this mission agreement without any change.
The references directly or indirectly made to Turkish Telekom
with this Law regarding the services those are transferred to General
Directorate of Coastal Safety and Salvage Administrations will be counted
to be made to General Directorate of Coastal Safety and Salvage
Administrations.
Page 16

5692-1

Temporary provisions:
Temporary Article 1 a) The provisions of Articles 36 and 37
of Wireless Law No. 3222 dated 9th of June 1937 shall be continued to be
applied regarding Fees until modification is made to Fees Law No. 492.
b) After General Directorate of Wireless Systems is
established the provisions of Wireless Law with No. 3222 dated 9th of June
1937 shall be performed by this General Directorate and other related
departments according to the procedures to be determined by Ministry of
Transport.
Temporary Article 2 General Directorate of Wireless Systems
will be established in three months by the issuing date of this Law.
Temporary Article 3 Excluding General Directorate of Post
Telegram and Telephone Authority operating wireless system according to the
authorization given by foundation laws or installing wireless system with
license or without license in any way all public institutions or
establishments and natural and legal persons will apply to the Ministry of
Transport in three months with the required certificates and will adapt
their conditions according to the provisions of this Law.
Ministry of Transport shall investigate the conditions of
these establishments and by taking the facilities of General Directorate of
Post Telegram and Telephone Authority renews the licenses or cancels them.
The
disputes
those
may
rise
among
the
public
institutions
and
establishments shall be solved by Supreme Council of Communication or with
the decision of Council of Ministers.
Temporary Article 4 Ministry of Finance is authorized to
open special funds in budgets of Prime Ministry and Ministry of Transport
and to transfer required allowances from the budgets of related Ministries
and to record them and to make every kind of transactions and arrangements
for the purpose of meeting the expenses of the year in which General
Directorate of Wireless Systems commenced its activities.
Temporary Article 5 According to the provision of 11th
Article of this Law Frequency Allocation and Registration processes will
be made by General Staff until adequate amount of personnel, device and
materials are supplied and every kind of support shall be provided to the
Ministry of Transport including training.
Temporary Article 6- (Annex: 2/7/2005-5392/5 Art.)
Before this Law is enacted the users who are determined not to
be included within the Authoritys records having electronic identity
information must apply to the relevant positions to register their devices
in five months after this Law has enacted.
For the registration of every unregistered devices a
registration fee of five New Turkish Liras shall be collected from the

device user by the places to be stated by the Authority. Registration fee

is exempted from every kind of tax, duties and fees and Treasury funds. One
YTL shall be deducted from every registered device for sensing SMS and
correction of IMEI numbers of copied devices and the remaining amount shall
be transferred to the accounts of the Authority as to be used as the share
of CEIR and information and denunciation centre share in ten days after the
collection.
The devices not included in Authoritys records at the end of
application period shall be terminated by cutting its connections with the
network not to be used anymore. However the users having acceptable excuses
by the Authority the persons exceeding the application period their
connections shall be opened for use if they pay the above mentioned amount.
Page 17

5692-2

Temporary Article 7- (Annex: 2/7/2005-5392/5 Art.)

The supply of every kind of software, hardware and auxiliary
tools for the installation and management of CEIR and information and
denunciation centre shall be made by the Authority in forty five days by
the enacting of this Law.
Execution:
Article 35 This Law shall be;
a) The provision related with its organization on the date of
issuing,
b)
The
provisions
regarding
amateur
wireless
systems
operations after one year after the issuing of the Law,
c) Its other provisions after six months of the issuing date
of Law,

Execution:
Article 36 The provisions of this Law shall be executed by
the Council of Ministers.

5693

(izim Gelecek)

5694

WIRELESS SYSTEM FEES (ANNEX: 28/5/1986 - 3293) (1)

1. Wireless license fees (Collected as from amateur wireless stations.)

a) Wireless transmitter receiver devices (For every device recorded in the license)
1)

Hand set (land, sea, air)

10 000

(1.000.000.)TL.

2)

Back wireless,

20 000

(2.000.000) TL.

3)

Vehicle Wireless (land, sea, air)

30 000

(3.000.000) TL.

4)

Repeater (repeater constant /mobile)

5)

Fixed wireless (land, sea, air)

50 000

(5.000.000) TL.

6)

Cordless telephone wireless system

20 000

(2.000.000) TL.

100 000 (10.000.000) TL.

b) Wireless transmitter devices (For every device recorded in license)

1)

Telephone, telex or telegram transmitter

20 000

(2.000.000)TL.

2)

Data or fax smile transmitters

30 000

(3.000.000)TL.

3)

Radio transmitters
50 000

(5.000.000)TL.

100 000

(10.000.000)TL.

a) Ones up to 50 kilowatts (50 is included)

b) Ones more than 50 kilowatts
4)

Television transmitters
a) Up to 10 kilowatts (10 is included)

100 000 (10.000.000)TL.

b) More than 10 kilowatts

200 000 (20.000.000)TL.

c) Television transposers

50 000

(5.000.000) TL.

5) For the above mentioned transmitters in 1st and 2nd paragraphs a fee for the total
amount of the purposes shall be taken.
c) Wireless receiver devices (for every device recorded in the license)
1)

Telegram receivers

10 000

(1.000.000) TL

2)

Telephone receivers

15 000

(1.500.000)TL.

3)

Telex receivers

20 000

(2.000.000)TL.

4) Fax smile receivers

25 000

(2.500.000)TL.

5) Data receivers

30 000

(3.000.000)TL.

50 000

(5.000.000)TL.

6)

Satellite receivers

(excluding the ones in satellite ground station)

For receivers for which license has been granted two be operated with two or more purposes a
total fee for every purpose shall be collected.
d) Cellular telephone system (For every devices recorded in the license)
1)

Fixed wireless station

2)

Mobile cordless telephone device

100 000

(10.000.000)TL.

30 000

(3.000.000)TL.

e) Rural cordless telephone system (For very device recorded in the license)
1)

Fixed Wireless station

50 000

(5.000.000)TL.

2)

Subscriber cordless telephone device

10 000

(1.000.000)TL.

f) Cordless calling system

1)

Up to 50 subscribers (50 is included)

50 000

(5.000.000)TL.

2)

Up to 51 1000 subscribers (1000 is included)

100 000

(10.000.000)TL.

3)

Up to 1001 and for every 1000 subscribers

or its fractions

350 000

(35.000.000)TL.

100 000

(10.000.000)TL.

g) Radio link systems

1)

Systems Up to 120 channels (120 is included)

a) For every terminal

b) For every repeater (repeater-fixed/mobile) (excluding passive

reflector)
50 000
c) For every relays

75 000

(5.000.000)TL.
(7.500.000)TL.

(1)
In this tariff the amounts arranged with Law has been remained same
afterwards the changes made with the decision of Council of Minister have
been added to the text in parenthesis with black letters. Please see
CHANGES MADE PER DECREES TABLE CHART at the end of this part..
Page 18

5695

2) Systems having more than 120 channels

a) For every terminal

250 000

(25.000.000)TL.

100 000

(10.000.000)TL.

b) For every repeater

(Excluding passive reflectors)
c) For every relays

150 000

(15.000.000)TL.

h) Satellite broadcast and communication systems

(For every devices recorded in the license)
1) Fixed radio-television and telecommunication
satellite ground terminal
2)

Other fixed satellite ground terminals

250 000

(25.000.000)TL.

100 000

(10.000.000)TL.

3)
Every kind of mobile satellite ground terminals (including the ones in sea/air
vehicles)
50 000
(5.000.000)TL.
4)

Satellite (space) station

250 000

(25.000.000)TL.

2. The modification fees in licenses (Collected from amateur wireless station as ratio.)
a) In case if place, vehicle, technical specification or operation type in license is changed
(with every modification)
10 000 (1.000.000)TL.
b)

In case of new operation type or device addition

The provisions of Article 1 shall be applied.

3. Wireless operation fees (Not collected from amateur wireless stations.)

a) LF, MF and HF wireless systems:
For the straight distances to be calculated separately between the stations for those
communication has been allowed for taking the declaration of application owner into account.
(for every year)
1) The ones used for communication up to 100 kilometre distance (100 is included);
a) Wireless, telegram or telex

50 000

(5.000.000) TL.

b) Simplex cordless telephone

75 000

(7.500.000) TL.

c) Data, fax smile or duplex cordless telephone

100 000 (10.000.000)TL.

2) For every 100 kilometres after every kilometres or for its fraction the above
mentioned amounts shall be increased for one times.
3) For distances after 400 kilometres fee is collected over 400 kilometres.
4) For the systems which their opponent station is abroad the part of the straight liner
connecting the station remaining in the national borders is taken as a basis for the distance
calculation.
5) For mobile stations in the system fee shall be collected over 100 kilometres per
mobile station according to the communication type.
6) In case if m ore than one type of communication to be made in the same frequency
the above mentioned fees shall be collected as fifty percentages more.
b) VHF, UHF and SHF wireless systems:
To be separate for every channel on which frequency allocation has been made per
wireless numbers in the system (for every year)
1)

For every simplex channels

10 000

(1.000.000) TL.

2)

For every simplex relay channel

15 000

(1.500.000) TL.

3)

For every duplex channels

20 000

(2.000.000)TL.

30 000

(3.000.000)TL.

4) For every duplex relay channel

For the systems those are connected to telephone circuits or LF, MF or HF wireless
systems fifty percentage higher fees shall be collected.
c) Cellular telephone systems (For every year)
1)

From every fixed wireless station per current

channel numbers

2)

From every mobile cordless telephone

50 000
30 000

(5.000.000) TL.
(3.000.000) TL.
Page 19

5696

d) Rural cordless telephone systems (for every year)

1)

From every fixed wireless station

per current number of channels

2)

Form every subscriber cordless telephone

10 000

(1.000.000)TL.

5 000

(500.000)TL.

e) Cordless telephone systems (For every year)

1)

The ones having no intercom feature

10 000

(1.000.000)TL.

2)

The ones having intercom feature

20 000

(2.000.000)TL.

f) Paging systems
Per receiver device in the system (For every year)
1)

Independent systems:
a) Output RF power up to 5 watts of fixed central station (5 watts is included)
2 500
(250.000)TL.
b) Output RF power more than 5 watts of fixed central station
5 000

(500.000)TL.

2) From systems connected to telephone circuits or to intercom systems per every

2 500
(250.000)TL.
receiver in addition to the one in the 1st Band
3)

Systems operated by PTT (per receiver numbers)

2 500

(250.000)TL.

g) Public band (CB) wireless devices (for every five years)

1)

Hand set

10 000

(1.000.000)TL.

2)

Fixed Wireless

20 000

(2.000.000)TL.

3)

Vehicle wireless

30 000

(3.000.000)TL.

(No fees are collected from the ones having less output power than 100 miliwatts
h) Sea wireless devices (for every year)
1) Complete wireless systems in every kind of load and passenger ships (MF, HF, VHF,
UHF, SHF wireless and navigation systems are included)

a) For the systems in ships smaller than 300 Gross tons

100 000

(10.000.000)TL

-1600 Gross tons (excluded)

250 000

(25.000.000)TL.

c) For the systems in ships with 1600 Gross tons or

greater

500 000

(50.000.000)TL.

b) For the systems in ships with 300 Gross tons (included)

2)
From yachts having other wireless and navigation systems rather than VHF (for the
complete system)
100 000 (10.000.000)TL.
3)

Boats having only VHF wireless system (Per number of devices)

a) Hand set

10 000

(1.000.000)TL.

b) Ship wireless system

30 000

(3.000.000)TL.

c) Yacht wireless system

50 000

(5.000.000)TL.

a) Fixed Wireless

50 000

(5.000.000) TL.

b) Hand set

30 000

(3.000.000) TL.

4) Sea wireless systems on land (per number of devices)

i) Air wireless devices (per every year)

1) For wireless and navigation systems in air vehicles with 1 and 10 (10 is included)
passenger capacity and load carrying in the same amount
50 000 (5.000.000) TL.
2)
For complete wireless and navigation systems in air vehicles with more than 10
passenger capacity and load carrying in the same amount
500 000 (50.000.000)TL.
3)

Every kind of fixed or mobile air-land wireless system installed on land

4) Air-land wireless system used on land

50 000

(5.000.000)TL.

30 000

(3.000.000)TL.

j) An annual operation fee shall be collected as the amount of license fee from the ones osed
for broadcasting purposes for wireless transmitter devices (for every year) as stated in (b)
paragraph of Article 1
Page 20

5697-5699

k) Wireless receiver devices:

Per every receiver device in receiver stations those installed only for listening or recording
purposes (for every year)
1)

Wireless telegram receivers

10 000

(1.000.000)TL.

2) Cordless telephone receivers

20 000

(2.000.000)TL.

3) Wireless telex receivers

30 000

(3.000.000)TL.

4) Fax smile receivers

40 000

(4.000.000)TL.

5) Data receivers

50 000

(5.000.000)TL.

6) Satellite receivers

100 000 (10.000.000)TL.

l) Radio link systems:

Per channel numbers to be separately for every jump in the system excluding passive
reflectors (for every year)
1 000
(100.000)TL.
m) Satellite broadcast and communication system (for every year)
1)

Fixed radio television and telecommunication satellite ground terminal

500 000 (50.000.000)TL.

2)

Other fixed satellite ground terminals

200 000

(20.000.000)TL.

3)
Every kind of mobile satellite ground terminal (excluding the ones on sea/air
vehicles)
100 000 (10.000.000)TL.
4) Satellite (space) station

500 000

(50.000.000)TL.

4. Fees of Amateur Wireless System Operation Certificate and Wireless Operator licence
a) Amateur Wireless System Operation Certificate (Up to the expiration of its validity period)
1)

Class A

5 000

(500.000) TL.

2)

Class B

3 000

(300.000)TL.

3)

Class C

2 000

(200.000) TL.

b) Wireless System Operation Licenses (up to their validity period)

1)

Licenses of land and air wireless operators

a) First Class Wireless Telegram

20 000

(2.000.000)TL.

b) Second Class Wireless Telegram

15 000

(1.500.000)TL.

c) Wireless Telegram Special

10 000

(1.000.000)TL.

5 000

(500.000) TL.

a) General Wireless Devices

40 000

(4.000.000)TL.

b) First Class Wireless Telegram

30 000

(3.000.000)TL.

c) Second Class Wireless Telegram

20 000

(2.000.000)TL.

10 000

(1.000.000)TL.

10 000

(1.000.000)TL.

5 000

(500.000)TL.

d) Cordless Telephone or Limited Cordless Telephone

2)

Sea Wireless operator licenses

d) Wireless Telegram Special, Cordless Telephone

or Limited Wireless Telephone
5. Re-opening of sealed devices and examination fees
a) Re-opening of sealed devices (per device)
1) Single device
2) Next devices

b) Examination fees to be collected from the persons applying for Amateur Wireless
Operation Certificate or Wireless Operator License
1 000
(100.000)TL.
6. Examination and Control Fees
a) Whatever the result of examination be an examination and control fee is collected at least
for twenty percentages of license fee.
b) In case when re-examination or control needed a fee of fifty percentages of the first
examination fee will be collected.
c) For the modifications in the wireless systems those require examination and control an
examination and control fee of twenty percentages of prices of the devices on the licenses is
collected.
Page 21

5700

7. Periodic surveying fees:

a. Wireless device and systems in sea vehicles (for every survey whatever the survey results
be)
1) For ships smaller than 300 Gross tons

30 000

(3.000.000)TL.

2) For ships 300 Gross tons (included)1600 Gross tons (excluded)

50 000

3)

For ships 1600 Gross tons or bigger

4)

For the yachts having navigation systems rather than VHF 50 000

(5.000.000) TL.

100 000 (10.000.000) TL.

(5.000.000) TL.

5) For fishing boats in every tonnage

10 000

(1.000.000) TL.

6) For other yachts

20 000

(2.000.000) TL.

b) Wireless device systems in air vehicles

(whatever the results of survey be, for every survey process)
1) For air vehicles having 1 to 10 passengers (10 is included) or for load carrying in the
same amount
20 000
(2.000.000)TL.
2) For air vehicles having more than 10 passengers or for load carrying in the same
amount
50 000
(5.000.000)TL.
8. Examination for compatibility to standards and test fees:
a) Whatever the test result be from the samples brought from abroad and prototype devices
produced in Turkey or tested devices by taking samples from import batches (per device)
1) Wireless transmitter-receiver devices

50 000

(5.000.000) TL.

2) Wireless transmitter devices

30 000

(3.000.000) TL.

3) Wireless receiver devices

30 000

(3.000.000) TL.

b) Whatever the test results be from produced or imported devices (per device)
1) Wireless transmitter receiver devices

10 000

(1.000.000)TL.

2) Wireless transmitter devices

5 000

(500.000) TL.

3) Wireless receiver devices

5 000

(500.000) TL.

c) In case if the wireless device is connected with another device or system other device or
system is not tested however the test fee of the wireless device shall be exceeded by fifty
percentages.
d) With the request of the applicant or with technical conditions if the test is performed on site
an additional amount shall be collected as the highest test price.
9. Control of maintenance and repair activities of persons performing wireless production,
import and sales. (for maximum two of the controls to be performed)
a) Control of repair and maintenance of producer and importers and giving or renewing
authorization certificates
100 000 (10.000.000)TL.
b) Control of maintenance and repair workshops of sellers and giving or renewing
authorization certificates
25 000
(2.500.000)TL.
10. The fee to be determined with the applicant with an agreement determined for technical
consultancy and survey service.
**
*
TEMPORARY ARTICLES WHICH ARE NOT RECORDED TO THE MAN LAW NO 2813 DATED
574/1983
1) Temporary Articles of the Law No. 3293 dated 28/5/1986:
Temporary Article 1 The distribution of permanent staff in
table chart no. 2 which is annexed to the Law and until the visa
transactions are completed the salaries of staff shall be paid according to
the permanent staff in table chart no. (1). Ones whose class, title and
permanent staff remain the same will be counted to be appointed to the
permanent staff in the table chart with No. (2).
Temporary Article 2 The budget transactions of General
Directorate of Wireless Systems will continue to be executed according to
the provisions of departments subject to General Budgets until the end of
the year 1986.
2) It is the provision of the Law No. 5398 dated 3/7/2005.
Temporary Article 2 Every kind of revenues those are gained by
stanbul Stock Exchange, Supreme Council of Radio and Television,
Competition Authority, Capital Market Council, Banking Regulation and
Supervision Agency, Telecommunication Authority, Energy Market Regulatory
Authority, Public Procurement Institution and Tobacco and Products and
Alcoholic Drinks Market Regulatory Council the part over the calculated
amounts for institutions and establishments will be deposited to the
account of Ministry of Finance Central Accounting Directory by Central Bank
of Turkey to be entered as receipt to the (B) benchmarked table chart with
the offer of Minister of Finance and with the approval of the Prime
Minister in the period to be determined by the relevant Minister. Moreover
the cash surpluses of the said institutions to be accumulated in their

casing until 31.12.2005 shall be deducted and transferred to the related

accounts according to the procedures defined in this paragraph.
The said institutions and establishments are obliged to inform their
accumulated revenue amounts until 30.06.2005 and their casing and bank
assets until 15.7.2005 and the financial statements showing revenues and
expenditures for every month to Ministry of Finance in the following seven
days. In case if the amount stated in this article are not paid on due
dates, the unpaid amounts shall be followed and collected according to the
provisions of Collection of Public Receivables Law by also applying
penalty.

Page 22

5700-1
In the tariff for Wireless System in the Annex of Law No. 2813

MODIFICATIONS TABLE CHART

THOSE ARE EXECUTED WITH DECREES

Modifying

Published

Decree

Official Gazette

Date

No

Date

Modification
No

Applied Tariffs

13/9/1989

89/14549

27/9/1989

20295

1, 2, 3, 4, 5, 7, 8, 9.

27/7/1993

93/4669

16/8/1993

21670

1, 2, 3, 4, 5, 7, 8, 9.

3/2/1994

94/5265

20/4/1994

21911

1, 3, 8, 9.

3/2/1995

95/6566

17/3/1995

22230

1, 2, 3, 4, 5, 7, 8, 9.

28/5/1996

96/8223

6/6/1996

22658

1, 2, 3, 4, 5, 7, 8, 9.

21/7/1997

97/9612

30/7/1997

23065

1, 2, 3, 4, 5, 7, 8, 9.

22/1/1998

98/10573

14/2/1998

23258

1, 2, 3, 4, 5, 7, 8, 9.

19/7/1999

99/1315

28/8/1999

23780

1, 2, 3, 4, 5, 7, 8, 9.

24/1/2000

2000/110

1/3/2000

23980

1, 2, 3, 4, 5, 7, 8, 9.
Page 23

5700-2
Page 24

5701

IT IS THE LIST SHOWING THE

LAWS AND PROVISIONS WHICH LEGISLATION MAKING ADDITIONS AND MODIFICATIONS
REVOKED IN THE LAW NO 2813

Revoked Legislation
_____________________________

Revoked
Laws or Provisions of Laws

Date

Number

Article

_______________________________________________ __________ _________ ________

First paragraph of 7th Article of Wireless Law of No.
2813

Last paragraph of Article 13

28/5/1986

28/5/1986

3293

3293

To tariff with no 8 annexed to Fees Law of No. 492

Annexed with (C) paragraph to the Law No. 96
Other provisions related with Wireless System Fees in Law No. 3229 regarding Wireless
System Fees VIIIth part
28/5/1986
3293
7
Page 25

5702

IT IS THE LIST SHOWING THE ENFORCEMENT DATE OF THE LEGISLATION

BRINGING ADDITIONS AND MODIFICATION TO THE LAW NO 2813

Enforcement date of Law

Articles enforced in different dates
_______ __________________________________________________
3093

3rd and 4th articles

15/12/1984

Other articles to be valid by 1/1/1985

15/12/1984
3178
113/4/1985
3293
1/1/1987

7th Article

Other provisions
3/6/1986
KHK-336
5/8/1988

4063
1/1/1995

KHK-589
7/1/2000

4502
29/1/2000

5070
23/1/2004 by six months

5189
2/7/2004

Article 3, 5, 8, 9, 21 and Additional Article

23/1/2004 after

5218
21/7/2004
5369

5392
13/7/2005
5398
21/7/2005

Article 6

Article 7
25/6/2005
Article 3, 32, Third Part 33, Temporary Article 6 and 7,

Unrecorded Provision

Page 26