Recent Development
The Regulation on Radio Devices and Systems Exempt from Frequency Allocation (“Exemption Regulation“) entered into force by publication in the Official Gazette No. 30608 on 27 November 2018. As a result of the introduction of the Exemption Regulation, the Regulation on Short Range Radio Devices (SRD) and the Regulation on Private Radio Systems have been annulled.
What Does the Decision Say?
The Exemption Regulation sets out the principles and procedures regarding radio devices and systems exempt from the radio license, permit to install and use radio, frequency allocation and registration procedures. In this respect, radio devices and systems in compliance with the Technical Criteria Regarding the Radio Devices and Systems Exempt from Frequency Allocation (“Technical Criteria“) as determined and updated by the Information and Communication Technologies Authority (“ICTA“) are exempt from radio license, permit to install and use of radio, frequency allocation and registration procedures. Failure to comply with the Technical Criteria automatically terminates the exemption shield.
Persons to use radio devices and systems out of the scope of the Technical Criteria must apply to the ICTA for the permit to install and use of radio and for frequency allocation and registration.
The exemption granted under the Exemption Regulation in relation to radio devices and systems does not provide for any exemption from other legal obligations under the applicable law including authorization, monitoring and inspection of the spectrum, market surveillance, privacy of communication and protection of the personal data.
Licenses for the radio devices and systems that the ICTA allocated frequency for and licensed before 27 November 2018 but that fall within the scope of the exemption under the Exemption Regulation are deemed to be revoked.
In addition, persons who have been using radio devices and systems under the annulled Regulation on Short Range Radio Devices must have their devices and systems conform with the values in the Technical Criteria within six months from 27 November 2018 considering the frequency, power and other technical features of the devices and systems together with their place of use and other limitations.
Conclusion
Users of radio devices and systems must check up on their devices and systems according to the Technical Criteria and the exemption scope as per the Exemption Regulation; have their devices and systems conform to the Technical Criteria within six months, if possible; otherwise, apply to the ICTA for the relevant authorization and allocation procedures.
