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5.2.1. Information and Communication Technologies AuthorityAn important milestone regarding liberalisation of telecommunications sector wasestablishment of Telecommunications Authority (TA) as an affiliated institute ofMinistry of Transportation in 2000. Following this, Turkish telecommunicationssector is fully liberalised as of January 1 st 2004 and the incumbent operator‟s (TurkTelekom-TT) monopoly on carrying out of telephone services throughtelecommunications networks -including national and international voice telephonyisended. After the liberalisation, competition in the sector gained momentum,however there are still some deficiencies with effective implementation ofcompetitive safeguards in particular market segments due to the significant marketpower of former monopoly.A new Electronic Communications Law came into force on May 2009 that aimed toprovide the basis for alignment with the EU framework in the direction of EUcandidacy of the country. Although the name of TA has changed to Information andCommunication Technologies Authority (ICTA) with this new law, the duties andresponsibilities of the authority remained unchanged but reorganised towards thedirectives of EU. ICTA is an administratively and financially independent nationalregulatory authority, responsible for carrying out tasks defined under the ElectronicCommunications Law. Currently, ICTA is responsible for: ensuring competition inthe telecommunications sector, adopting regulations and performing supervisoryactivities to protect the rights of the end users, adopting regulations and performingsupervisory activities in the field of authorisations, tariffs, access, rights of way,numbering, spectrum management and market surveillance by taking intoconsideration the strategies and policies of the Ministry, ensuring the implementationof the harmonized standards prepared by the national standards bodies, marketsurveillance and supervision.5.2.2. Radio and Television Supreme BoardTurkey has a long tradition of public service broadcasting. In 1925, the first radiobroadcasts began and until March 1971 radio was the only component ofbroadcasting sector. At that date, television broadcast began under the scrutiny of37
Turkish Radio Television Corporation (TRT) which became an impartial,autonomous public corporate body. The monopoly of TRT on broadcasts continueduntil 1989 when first illegal company started its television broadcasting in thecountry. This situation continued until 1994 when there were many illegal radio andTV broadcasters operating. This illegal media became an uncontrollable powercreating many problems such as interference, improper program content,advertisement revenue and evasion of tax. Finally in 1994 Radio and TelevisionSupreme Board (RTSB) was established in order to regulate broadcasting in thecountry under the Law on the Establishment of Radio and Television Enterprises andTheir Broadcasts, numbered 3984. The events that led to foundation of suchregulator, necessitated intervention into the broadcasting area which used to beoperated in a lawless environment. RTSB is an independent and impartial regulatoryauthority which is currently responsible from: granting license to the radio andtelevision enterprises, allocation of channel and frequency bands, issuing licenses forthe construction and operation of telecommunication facilities and monitoring thecompliance of radio and television broadcasts with regard to the national andinternational legislation, deciding on the relevant sanctions in cases of violation ofthe provisions of the related law, conducting or commissioning public opinionsurveys in order to determine the reactions of the public, representing the State at theorganizations that have legal personality under international law, and are concernedwith radio and television broadcasts (Directorate General of Press and Information:2009 p.8).However in the meantime since its foundation, RTSB was not able to regulate thebroadcasting market effectively and fulfil its all duties stemming from the Law. Thissituation is clarified in section 5.3. while analysing the current situation in Turkeyregarding convergence.5.2.3. Competition AuthorityCompetition Authority (CA) which operates under the Ministry of Industry andTrade was established in 1997 in order to ensure the formation and development ofmarkets for goods and services in a free and sound competitive environment.38
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