BYLAW ON INDUSTRIAL, SCIENTIFIC AND MEDICAL DEVICES CHAPTER ONE Purpose, Scope, Basis, Abbreviations and Definitions Purpose ARTICLE 1– (1) The goal of this By-Law is to define the methods and orders of usage in the defined frequency bands for devices radiating electromagnetic energy with no purpose of communication and used in the fields of industrial, scientific and medical or similar fields where the energy is transferred through electromagnetic energy. Scope ARTICLE 2 – (1) This By-Law covers devices radiating electromagnetic energy with no purpose of communication and used in the industrial, scientific and medical fields or similar fields where energy is transferred through electromagnetic energy. Legal Basis ARTICLE 3 – (1) This By-Law has been prepared on the basis of Articles 6 and 36 of Electronic Communication Law dated 5/11/2008 and numbered 5809. Abbreviations and Definitions ARTICLE 4 – (1) The abbreviations and definitions included in this By-Law have the following meanings: a) Electromagnetic Interference: all kinds of broadcasting or electromagnetic impact which obstruct, interrupt or degrade the electronic communications operating in accordance with the provisions of relevant legislation, b) GHz: Gigahertz, c) Harmonic: Electromagnetic waves having an integer or simple fraction multiples of an electromagnetic frequency ç) Law: Law of Electronic Communication dated 5/11/2008 numbered 5908, d) kHz: Kilohertz, e) The Board: Information and Communication Technologies Board, f) The Authority: Information and Communication Technologies Authority, g) MHz: Megahertz, ğ) ISM (Industrial, scientific and medical) devices: Devices radiating electromagnetic energy with no purpose of communication and used in the fields of industrial, scientific and medical or similar fields where the energy is transferred through electromagnetic energy h) ISM frequencies: The frequencies defined for ISM devices in this by law SBT, ı) TS EN 55011: The Turkish Standards Institutes standards defining defect properties, measurement methods and limit values of industrial, scientific and medical devices using radio frequency i) Producer : The manufacturer of an ISM device, an authorized agent on condition that the manufacturer is located in abroad and/or the importer of this device and people in the supplychain whose activities affect the properties regarding to security of this device , j) Harmful Interference: interference which endangers the functioning of a radio-navigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radio-communication service in terms of their operations CHAPTER TWO General Principles General Principles ARTICLE 5 – (1) The ISM devices in scope of this By-law; (a) May be used without licence, permission for use of radio or frequency assignment and registration in case when devices meet the requirements in this By-law and are conformable with the technical regulations done by the Authority. (b) Must not cause harmful interference on systems and devices of operators and users who are authorized by the Authority working outside the bands indicated in this By-law and especially at the harmonics, should be used with necessary provisions and should accept interference 1 caused by the aforementioned systems and devices. (c) in case when these devices are intended to be used out of technical criteria purposes of use and indicated in this By-Law, producer should take permission for installation and use from the Authority. (2) All devices in scope of this By-law should be conformable with TS EN 55011 standard, technical regulations in related legislation and security criteria. Measurement methods involved in TS EN 55011 are used for measuring technical properties. (3) The Authority is authorized to use force in taking necessary provisions to provide the outband radiation of all the systems and devices mentioned in this By-law lower than the limits mentioned in TS EN 55011 and related legislation in order to protect authorized systems and devices especially radar, aeronautical (A/G) communications, terrestrial/maritime/aeronautical navigation and any other security services. (4) ISM device users are responsible to take the necessary provisions due to the By-law Regarding the Provisions to Protect the Environment and Public Health from Unwanted Effects of Unionizing Radiation published in the Official Gazette dated 24/07/2010 and numbered 27651 and other related legislation. Frequencies MADDE 6 – (1) ISM devices may be used in convenience with the frequencies in Table-1. Table-1: ISM Frequencies No 1 2 3 4 5 6 7 8 9 10 11 Frequency Band 6765 - 6795 kHz 13553 - 13567 kHz 26957 - 27283 kHz 40.66 - 40.70 MHz 433.05 - 434.79 MHz 2400 - 2500 MHz 5725 - 5875 MHz 24 - 24.25 GHz 61 - 61.50 GHz 122 - 123 GHz 244 - 246 GHz Center Frequency 6780 kHz 13560 kHz 27120 kHz 40.68 MHz 433.92 MHz 2450 MHz 5800 MHz 24.125 GHz 61.25 GHz 122.5 GHz 245 GHz CHAPTER THREE Miscellaneous and Final Provisions Sanctions ARTICLE 7 – (1) The Authority is authorized to audit all the devices in scope of this ByLaw whether they are aligned with the usage requirements and frequency bands stated in this ByLaw when they cause harmful electromagnetic interference. (2) If it is determined that all the devices in scope of this By- Law violate the usage requirements and cause harmful electromagnetic interference, the aforementioned devices are obliged to stop their activities and not allowed to be used until harmful interference is avoided. If it is determined that the device, that was previously made to stop its activities, is in use without any permission, necessary legal actions are done about the concerned people. Attributes ARTICLE 8 – (1) All attributes regarding all kinds of duties that were attributed to ByLaw on Production and Usage of Industrial, Scientific and Medical Electronic Devices taken into force with the Decision of Council of Ministers No. 85/9157 of 18/2/1985 shall be accepted to be made to this By-Law. Application PROVISIONAL ARTICLE 1 – (1) The ISM devices in scope of this By-Law, are obliged to align with the values stated in this By-Law with regard to frequency bands and other technical characteristics in 6 months time after the publication of this By-Law. Enforcement 2 ARTICLE 9 – (1) This By-law shall enter into force on the date of its publication. Execution ARTICLE 10 – (1) The provisions of this By-law shall be executed by the Chairman of the Board. 3