BİR KAMU MALI OLAN FREKANSLARIN TABİ OLDUĞU HUKUKSAL REJİMİN DEĞERLENDİRİLMESİ

The legal regime governing frequency, one of the essential resources of communication, carries special importance for understanding the legal framework that regulates telecommunications in Turkey. Mobile and wireless communication technologies—among the most common means of communication—as well as future mobile technologies integrated with satellite systems, will evolve around the legal regime applied to frequencies. The fact that Law No. 5809 on Electronic Communications and EU legislation frequently emphasize the scarcity of this resource signals its increasing value both socially and economically, especially in the near future. This article aims to analyze the relevant provisions of Law No. 5809, which primarily regulates frequencies and provides insights into their legal regime, in light of judicial decisions and academic opinions. Where necessary, reference is also made to the EU's regulatory framework, which Law No. 5809 seeks to align with. Given that frequencies are considered public property, it is essential that legal principles specific to public goods are taken into account when regulating their use, to ensure the protection of public interest. With advancing technologies, new models of frequency usage may emerge. In the allocation, assignment, and transfer of frequencies among operators and stakeholders, priority must be given to national security, public order, and the protection of competition. Law No. 5809 provides a regulatory framework that considers the public nature of frequencies and accommodates flexible models for future technological developments.