Telecom Infrastructure, Fiber Networks and Right of Way in Turkey

Introduction

Telecom infrastructure, fiber networks and right of way in Turkey are among the most important legal and regulatory issues in the Turkish electronic communications sector. As demand for high-speed internet, mobile broadband, 5G, cloud services, data centers, smart cities, IoT connectivity, e-commerce, digital banking, online education and public digital services continues to grow, the need for reliable and widespread telecommunications infrastructure becomes increasingly critical.

Telecommunications infrastructure is not only a technical asset. It is also a legally regulated public-interest infrastructure that affects competition, consumer rights, property rights, municipal planning, environmental protection, public order, national security and digital transformation. Fiber optic cables, ducts, poles, towers, antenna systems, base stations, data centers, satellite stations, switching equipment, transmission systems and in-building communication facilities are all part of the wider electronic communications infrastructure ecosystem.

In Turkey, the primary legal framework governing telecom infrastructure and right of way is Law No. 5809 on Electronic Communications. This law defines electronic communications, electronic communications infrastructure, infrastructure operation, networks, operators and right of way. It also regulates how operators may establish, maintain, modify, remove and repair telecom infrastructure over, under or through public and private immovable properties. Law No. 5809 defines right of way as the rights granted to operators for passing under, over or through public and private property areas in order to establish, remove, maintain and repair the networks and infrastructure necessary to provide electronic communications services.

The Information and Communication Technologies Authority, known in Turkish as Bilgi Teknolojileri ve İletişim Kurumu or BTK, plays a central regulatory role in this area. BTK regulates authorization, infrastructure, facility sharing, electronic communications infrastructure information systems, technical requirements, consumer protection and operator obligations. For investors, operators, real estate developers, municipalities and property owners, understanding the legal rules on telecom infrastructure and right of way is essential.

What Is Telecom Infrastructure under Turkish Law?

Telecom infrastructure under Turkish law includes the physical, technical and digital components through which electronic communications are carried out. Law No. 5809 defines electronic communications infrastructure broadly as all network units, related facilities and integral parts, including switching equipment, hardware, software, terminals and lines through or over which electronic communications are performed.

This broad definition covers much more than traditional telephone cables. In practice, telecom infrastructure may include fiber optic cables, copper cables, ducts, manholes, poles, transmission lines, antennas, base stations, radio systems, satellite communication equipment, routers, switches, data transmission systems, network management software, distribution cabinets, mobile coverage systems and related support equipment.

Telecom infrastructure operation is also defined separately. It refers to establishing, having established, leasing or otherwise providing the necessary electronic communications facilities related to the relevant infrastructure and making that infrastructure available to other operators or requesting natural or legal persons.

This definition is very important for companies that invest in passive infrastructure, wholesale fiber networks, data transmission networks, tower infrastructure or network leasing models. A company may not provide retail internet service directly to consumers, but if it operates infrastructure and makes it available to other operators, it may still fall within electronic communications regulation.

Why Fiber Networks Matter in Turkey

Fiber networks are the backbone of modern digital infrastructure. High-speed broadband, 5G backhaul, data centers, cloud services, enterprise connectivity, online public services, digital health, smart transportation, industrial IoT and artificial intelligence-based services all require strong fiber infrastructure.

In Turkey, fiber deployment is legally important because it usually requires access to public roads, sidewalks, municipal areas, private land, building entrances, apartment blocks, business centers, industrial zones and existing passive infrastructure. Fiber installation may involve excavation permits, right-of-way agreements, infrastructure coordination, facility sharing, environmental considerations, construction safety, traffic management and property-owner consent.

The legal challenge is that fiber networks cannot be built only by contract with end users. Operators must pass cables through land and buildings that may belong to municipalities, public institutions, private owners, apartment managements or other infrastructure operators. Therefore, the right of way regime is essential for fiber deployment.

Right of Way under Law No. 5809

Right of way is one of the most important legal concepts in Turkish telecom infrastructure law. Under Article 22 of Law No. 5809, right of way covers the right to pass all kinds of electronic communications infrastructure and support equipment under, over or through public and private immovable properties, and to use those property areas for purposes such as establishing, changing, removing, controlling, maintaining and repairing the infrastructure.

This right does not mean that operators can use any property without legal procedure. Instead, it provides a statutory framework that allows authorized operators to request access to property where necessary for electronic communications services. The right must be exercised under the law, BTK regulations and relevant agreements.

Right of way balances two competing interests. On one side, society needs electronic communications infrastructure and broadband expansion. On the other side, property owners have constitutionally protected property rights. Turkish law seeks to reconcile these interests by allowing necessary infrastructure access while requiring protection of property, compensation of damages, coordination with public authorities and compliance with technical and environmental rules.

Scope of Right of Way

The right of way regime applies to both public and private immovable properties. It may be relevant where an operator needs to install fiber optic cables under a road, place ducts in a sidewalk, pass cables over land, install network cabinets, maintain existing infrastructure, repair damaged lines or remove old equipment.

The Regulation on Right of Way in the Execution of Electronic Communications Services states that its purpose is to regulate the procedures and principles concerning the right of way necessary for operators to establish and use all kinds of electronic communications networks, infrastructure and support equipment required by the service. It applies to authorized operators and to owners or right holders of public or private properties over, under or through which telecom infrastructure will pass.

This means that right of way is not limited to large national fiber projects. It can arise in local broadband deployment, building connection works, backhaul networks, base station fiber connections, industrial zone infrastructure, enterprise connectivity and urban network expansion.

Acceptance of Right of Way Requests

Law No. 5809 provides that right of way requests should be accepted where the request does not cause permanent damage to the immovable property, does not continuously hinder the exercise of rights over the property, is technically possible, is unavoidable and does not contain economically disproportionate costs, subject to reasonable and justified grounds. Public institutions and organizations must evaluate applications for right of way primarily and without delay and conclude them within sixty days. They must act transparently and without discrimination among operators in similar positions.

This rule is particularly important for fiber deployment. Delays in municipal or public institution approvals may slow broadband expansion. The sixty-day rule aims to prevent unnecessary administrative delays and support infrastructure development.

However, the operator should submit a technically complete and legally clear application. Incomplete maps, unclear routes, missing project documents, insufficient restoration plans or lack of coordination with other utilities may create rejection or delay risk. A strong right-of-way application should include technical drawings, route plans, construction methods, restoration commitments, safety precautions, estimated timeline, environmental considerations and contact details.

Public Property and Municipal Permissions

Public roads, sidewalks, bridges, tunnels, parks and other public areas are frequently needed for telecom infrastructure. Municipalities may be involved in excavation permits, road occupation, traffic planning, restoration obligations, pavement works, coordination with other utilities and public property management.

Although right of way is regulated under telecom legislation, operators should not ignore municipal law, zoning law, road safety rules, excavation regulations, environmental rules and local administrative procedures. In practice, fiber deployment usually requires coordination with municipalities and relevant public institutions.

A common legal issue is whether a municipality or public institution may delay or reject a telecom infrastructure request. Under Law No. 5809, public institutions must evaluate right-of-way applications without delay and conclude them within sixty days. However, they may still raise reasonable and justified grounds, especially where the proposed route causes technical, safety, environmental or public-service risks.

Therefore, telecom operators should manage public-property projects with both legal and technical preparation. A well-prepared application reduces the risk of administrative disputes and project delays.

Private Property and Building Access

Fiber networks also require access to private property. Operators may need to enter buildings, install distribution boxes, pass cables through basements, use shafts, install in-building fiber, connect apartments or reach business premises.

Private property access can create disputes with property owners, apartment managements, site managements, landlords, tenants and developers. The right-of-way regime allows operators to seek access under certain conditions, but the operator must respect property rights and avoid unnecessary damage.

In private property disputes, the following issues are common:

Whether the operator has proper authorization.

Whether the infrastructure route is technically necessary.

Whether the installation causes permanent damage.

Whether the property owner’s use is continuously hindered.

Whether another less harmful route exists.

Whether compensation or restoration is required.

Whether the building management has approved the installation.

Whether common areas may be used for fiber equipment.

Whether existing passive infrastructure can be shared instead.

Operators should prepare written agreements where possible. Even where statutory right-of-way principles apply, a clear agreement with the property owner or management can prevent future disputes concerning access, maintenance, repair, liability, electricity use, equipment location and removal.

Facility Sharing and Passive Infrastructure

Facility sharing is another key concept in Turkish telecom infrastructure law. BTK explains facility sharing as the service of providing other operators with access, for a fee, to passive infrastructure such as pipes, ducts and poles owned by electronic communications network operators. BTK emphasizes that sharing existing facilities during next-generation network installation is important for efficient use of resources and avoidance of duplicate investments.

Facility sharing has major legal and economic importance. Without facility sharing, each operator may need to excavate the same roads, install duplicate ducts and incur high costs. This creates public inconvenience, environmental impact, urban disruption and investment inefficiency. Facility sharing reduces these problems by allowing operators to use existing passive infrastructure where available.

BTK states that a Board Decision dated 12 April 2013 made all operators authorized to establish and operate fixed electronic communications infrastructure subject to an obligation to share pipes, ducts and poles with other operators upon request, effective from 1 September 2013. BTK also notes that implementation procedures were revised by a Board Decision dated 29 July 2015.

For new market entrants and alternative operators, facility sharing may be a critical tool for reducing market-entry costs. For infrastructure owners, it creates obligations concerning access, pricing, technical feasibility, capacity assessment and non-discrimination.

Priority of Facility Sharing and Co-Location

Law No. 5809 gives priority to co-location and facility sharing where an electronic communications network already exists on the immovable property and where BTK has imposed facility sharing or co-location obligations.

This rule promotes efficient infrastructure use. If an existing duct or pole can be used, a new operator may not need to open a new trench or install duplicate facilities. This is particularly important in dense urban areas where excavation is expensive, disruptive and administratively difficult.

However, facility sharing requires careful technical and legal assessment. The existing infrastructure may not have sufficient capacity. The requested use may create safety risks, network interference, service disruption or maintenance problems. The parties may disagree on fees, route availability, timing, restoration obligations or technical standards.

Facility sharing agreements should clearly regulate access scope, technical capacity, maintenance, liability, service interruption, fees, confidentiality, emergency repair, termination, dispute resolution and documentation.

EHABS: Electronic Communications Infrastructure Information System

Turkey has developed an infrastructure information system known as EHABS. BTK explains that the Regulation on Electronic Communications Infrastructure and Information System was published in the Official Gazette dated 13 July 2016 and entered into force, and that its purpose is to regulate matters related to EHABS and to determine and supervise minimum requirements for electronic communications infrastructure facilities.

BTK states that EHABS became operational on 21 January 2019 and aims to collect geographic information regarding Turkey’s electronic communications infrastructure in a single center, display infrastructure information on a GIS-based map, contribute to effective implementation of right-of-way and facility-sharing processes, track right-of-way processes in real time and support policies for expanding broadband access, primarily fiber.

EHABS is important because infrastructure law depends on accurate information. Operators, regulators and public institutions need to know where existing ducts, cables, poles and network facilities are located. Without reliable infrastructure mapping, excavation works may damage existing utilities, facility sharing may be inefficient and broadband expansion planning may be weak.

For operators, EHABS creates data-entry and compliance obligations. Infrastructure information must be accurate, updated and consistent with actual field conditions. Failure to maintain accurate infrastructure data may create operational, legal and regulatory risks.

In-Building Fiber Infrastructure

Fiber network development is not limited to streets and backbone infrastructure. In-building infrastructure is equally important because high-speed internet must reach apartments, offices, public buildings, hospitals, shopping malls, sports venues and commercial complexes.

BTK states that the Technical Specification for In-Building Electronic Communication Installations was updated by a BTK decision dated 10 May 2018. BTK explains that, in newly constructed buildings, installation of in-building fiber optic cables up to apartments has been made mandatory, and system rooms meeting sufficient conditions for operators’ distribution boxes must be allocated.

This is highly significant for real estate developers, contractors, architects, project managers, building managements and telecom operators. A building that lacks proper in-building electronic communications installation may create future connectivity problems, higher installation costs, disputes with residents and technical barriers for fiber access.

In-building telecom design should be considered during construction, not after occupancy. Vertical shafts, low-voltage panels, system rooms, apartment distribution points and cable routes should be planned in accordance with the technical specification. This reduces damage to buildings, lowers deployment costs and improves service accessibility.

Relationship with Other Infrastructure

Telecom infrastructure often intersects with other public-service infrastructure, including water, sewerage, gas, electricity, railways, roads and other electronic communications networks. Law No. 5809 requires electronic communications networks and support equipment to be installed in a way that does not damage existing public-service infrastructure on the property where right of way is used. The operator establishing new infrastructure must coordinate with the relevant public institutions and organizations. Costs arising from precautions necessary to prevent interruption of public services in urgent cases are borne by the party using the right of way.

This rule is very practical. Fiber excavation may damage water lines, gas pipes, electricity cables or existing telecom cables if coordination is inadequate. Such damage may lead to compensation claims, public-service disruption, administrative sanctions, criminal complaints in serious cases and reputational harm.

Operators should conduct utility surveys, obtain infrastructure maps, coordinate with relevant utilities, use safe excavation methods, maintain insurance coverage, prepare emergency repair procedures and document all works.

Environmental and Cultural Heritage Considerations

Right of way must also be exercised with environmental care. Law No. 5809 states that trees and environmental values around right-of-way routes must be protected, and that legislation on historical monuments and cultural and natural assets remains reserved. Applications for necessary permits in this context must be concluded by relevant institutions within sixty days.

This means that telecom infrastructure projects may need additional permits where routes pass through protected areas, historical zones, cultural heritage sites, forests, parks or environmentally sensitive locations. Operators should not assume that telecom right of way automatically overrides environmental or cultural heritage rules.

A project that disregards environmental or heritage restrictions may face suspension, fines, restoration obligations or litigation. Therefore, route planning should include environmental and cultural heritage screening.

Agreements between Operators and Right-of-Way Providers

Law No. 5809 recognizes freedom of agreement between the operator and the right-of-way provider, provided that agreements are not contrary to legislation and BTK regulations. Operators may be required to provide agreements, annexes, amendments, information, documents and correspondence to BTK upon request.

Right-of-way agreements should be drafted carefully. They should regulate the route, duration, fees, technical works, access hours, maintenance rights, emergency repairs, restoration, liability, insurance, relocation, removal, confidentiality, dispute resolution and transfer consequences.

A vague agreement may create serious problems. For example, if the agreement does not regulate relocation costs, a property owner may later demand removal due to redevelopment. If maintenance access is not clearly defined, service interruptions may occur. If restoration obligations are unclear, the operator may face damage claims.

For public institutions and municipalities, standard form agreements may be used. However, operators should review whether such agreements impose excessive fees, discriminatory terms, unclear restoration obligations or conditions inconsistent with telecom legislation.

Damage, Restoration and Compensation

Operators using right of way must avoid unnecessary damage. Law No. 5809 requires operators using right of way to compensate damages suffered by the right-of-way provider outside the use of the right of way within one month.

In practice, damage claims may involve broken pavement, damaged roads, harmed landscaping, cracked walls, interrupted utilities, damaged private land, loss of use, business disruption or safety issues. Operators should document the condition of the site before and after works. Photographs, site reports, contractor records, restoration documents and acceptance minutes are important evidence.

Operators should also manage contractor liability. Many infrastructure works are carried out by subcontractors. The operator may still face claims from property owners, municipalities or third parties. Therefore, contractor agreements should include indemnity clauses, insurance obligations, safety rules, technical standards, restoration obligations and document retention duties.

Transfer of Authorization and Existing Right-of-Way Agreements

Law No. 5809 includes a rule concerning transfer of authorization. Where authorization is transferred, the right-of-way agreement is deemed to remain valid under the same terms between the right-of-way provider and the new operator unless the right-of-way provider objects, in order to prevent interruption of public service.

This is important in telecom mergers, acquisitions, asset transfers and corporate restructurings. Infrastructure value depends not only on physical assets but also on rights allowing those assets to remain installed. During due diligence, investors should review all right-of-way agreements, facility sharing agreements, municipal permits, building access permissions, transfer clauses and objection risks.

Authorization and Infrastructure Operation

Telecom infrastructure operation generally requires proper authorization. Law No. 5809 states that electronic communications service may be provided and electronic communications networks or infrastructure may be established and operated only after authorization by BTK, subject to the relevant policy framework.

However, not every internal network is subject to authorization. BTK explains that electronic communications services, networks or infrastructure used exclusively by a natural or legal person for personal or institutional needs within immovable properties under their own use, not extending beyond the boundaries of each immovable property, not used to provide services to third parties, not pursued for commercial purposes and not offered to the public are not subject to authorization.

This distinction matters for factories, campuses, hospitals, shopping malls, hotels, industrial zones and private business complexes. If the network is purely internal and non-commercial, authorization may not be required. If the network is used to provide services to tenants, customers, third parties or the public, the legal assessment may change.

Common Disputes in Telecom Infrastructure Projects

Common disputes in telecom infrastructure and right of way include:

Municipal refusal or delay of excavation permits.

Excessive or discriminatory right-of-way fees.

Property owner refusal to allow cable passage.

Building management objections to fiber installation.

Damage to roads, pavements, landscaping or utilities.

Failure to restore excavation areas.

Disputes over facility sharing capacity.

Unreasonable refusal of duct or pole access.

Disagreements over relocation of telecom infrastructure.

Conflicts between operators using the same passive infrastructure.

Environmental or cultural heritage objections.

Unauthorized infrastructure installation.

Service interruption due to construction works.

Disputes between telecom operators and contractors.

Each dispute requires a different legal strategy. Administrative law may apply to public authority decisions. Contract law may apply to right-of-way agreements. Property law may apply to private immovable disputes. Telecom regulation may apply to facility sharing and operator obligations. Tort law may apply to damage claims.

Legal Remedies and Dispute Resolution

Telecom infrastructure disputes may be resolved through negotiation, administrative applications, BTK processes, mediation where applicable, civil litigation, administrative litigation or commercial litigation depending on the parties and the legal nature of the dispute.

If a municipality or public institution refuses or delays a right-of-way application unlawfully, administrative law remedies may be considered. If a property owner breaches a right-of-way agreement, civil or commercial claims may arise. If an operator refuses facility sharing in violation of regulatory obligations, BTK-related processes and commercial remedies may be relevant.

Because telecom infrastructure disputes are technical, expert evidence is often critical. Route plans, GIS records, EHABS data, excavation permits, utility maps, technical feasibility reports, photographs, damage assessments, restoration records and engineering opinions may determine the outcome.

Foreign Investors and Fiber Infrastructure in Turkey

Foreign investors interested in Turkish telecom infrastructure should conduct detailed legal due diligence. Fiber network investments may involve not only physical assets but also authorization status, right-of-way agreements, municipal permits, facility sharing obligations, infrastructure maps, customer contracts, wholesale access agreements, construction contracts, contractor liabilities, environmental permits and EHABS compliance.

A foreign investor should review whether the target company has proper BTK authorization, whether its infrastructure was lawfully installed, whether right-of-way agreements are valid, whether public permits are complete, whether there are unresolved damage claims, whether facility sharing obligations have been met, and whether infrastructure data is accurate.

Infrastructure assets are valuable only if the legal rights supporting them are secure. A fiber cable installed without proper right of way, authorization or municipal approval may become a liability rather than an asset.

Practical Compliance Checklist

A telecom operator or investor should use the following checklist for infrastructure and right-of-way compliance:

Confirm BTK authorization status.

Classify the infrastructure activity correctly.

Identify whether the project requires right of way.

Prepare technical route plans and project documents.

Check whether existing passive infrastructure can be shared.

Review facility sharing possibilities before new excavation.

Submit complete applications to public institutions.

Track sixty-day public authority response periods.

Coordinate with municipalities and utility operators.

Obtain excavation, restoration and safety approvals.

Draft clear right-of-way agreements.

Document pre-work and post-work site conditions.

Protect water, gas, electricity, railway and other telecom infrastructure.

Plan environmental and cultural heritage compliance.

Ensure in-building fiber requirements are considered in new developments.

Enter accurate infrastructure data into EHABS where required.

Prepare contractor liability and insurance clauses.

Maintain emergency repair access procedures.

Monitor BTK regulations and Board decisions.

Prepare evidence files for disputes.

Conclusion

Telecom infrastructure, fiber networks and right of way in Turkey are regulated through a combination of Law No. 5809, BTK regulations, right-of-way principles, facility sharing rules, EHABS requirements, in-building installation standards, property law, municipal procedures, environmental rules and contract law.

Right of way is essential for fiber deployment and telecom network expansion. It allows authorized operators to pass infrastructure under, over or through public and private immovable properties, subject to legal safeguards. The law requires protection of property, coordination with public institutions, avoidance of permanent damage, transparency, non-discrimination and compensation for damages.

Facility sharing and co-location are also central to Turkey’s broadband policy. They reduce duplicate investment, lower deployment costs, limit unnecessary excavation and support faster fiber expansion. EHABS strengthens infrastructure planning by collecting geographic infrastructure information in a centralized GIS-based system.

For operators, legal compliance is as important as engineering capability. A technically strong fiber project may still fail if right-of-way agreements, municipal permissions, property access, facility sharing, EHABS obligations, environmental considerations or restoration duties are not properly managed.

For investors, telecom infrastructure due diligence must go beyond asset valuation. The legal status of cables, ducts, poles, permits, right-of-way agreements, facility sharing rights and BTK authorization must be reviewed carefully.

As Turkey continues its digital transformation, telecom infrastructure and fiber networks will remain one of the most strategic investment areas. Companies that manage right-of-way and infrastructure compliance correctly will reduce legal risk, accelerate deployment and strengthen their position in the Turkish electronic communications market.

Frequently Asked Questions

What is right of way in Turkish telecom law?

Right of way is the statutory right granted to operators to pass electronic communications infrastructure under, over or through public and private properties and to establish, maintain, repair, change or remove that infrastructure under the conditions set by law.

Which law regulates telecom right of way in Turkey?

The main law is Law No. 5809 on Electronic Communications. The Regulation on Right of Way in the Execution of Electronic Communications Services also regulates procedures and principles for right-of-way use.

Can telecom operators install fiber infrastructure on private property?

Operators may request access where necessary for electronic communications services, but property rights must be respected. The installation should not cause permanent damage or continuously hinder property use, and agreements should be made where possible.

Do public institutions have a time limit for right-of-way applications?

Yes. Law No. 5809 states that public institutions and organizations must evaluate right-of-way applications primarily and without delay and conclude them within sixty days.

What is facility sharing in Turkey?

Facility sharing is access, for a fee, to passive infrastructure such as pipes, ducts and poles owned by electronic communications network operators. BTK emphasizes that facility sharing prevents duplicate investment and supports efficient resource use.

What is EHABS?

EHABS is the Electronic Communications Infrastructure Information System. It records geographic information on electronic communications infrastructure, supports GIS-based mapping, contributes to right-of-way and facility-sharing processes and helps broadband expansion planning.

Is in-building fiber infrastructure mandatory in new buildings?

BTK states that the Technical Specification for In-Building Electronic Communication Installations has made installation of in-building fiber optic cables up to apartments mandatory in newly constructed buildings.

Are private internal networks subject to BTK authorization?

Not always. Networks used exclusively for personal or institutional needs within immovable properties under the user’s own control, not extending beyond each property, not used for third-party services, not commercialized and not offered to the public are not subject to authorization.