NEWSLETTER-2017

101 COMPETITION LAW such as traditional broadcasting and broadband internet services, and is viewed as positive alterations in the relevant sector. On the other hand, it is stated in the Report that there are concerns regarding enterprises that have control of certain assets, which can be produced as a result of high costs, such as the conditional access systems that are used in the aforementioned networks and electronic program guidelines, to use this power for excluding their competitors. In other words, although the capacities of transmission networks that are used in relation to television broadcasting and their diversity have increased, the importance of the assets, such as conditional access systems and electronic program guidelines, creates the possibility for these to be used to exclude the competitors. Television Broadcasting in Turkey The Report reveals that the content of television broadcasting in Turkey is made through four different means, those being terrestrial analogue, satellite broadcast, cablecast, and broadband internet infra- structure, but that satellite broadcasting is by far the one which has the highest access rate (81%) amongst these means. The Competition Au- thority states that the investments in cable casting are insufficient, the broadcasting through broadband internet services is new, and it can be provided depending on internet speeds and fiber infrastructure. Hereby, the Competition Authority establishes that broadcasting through cable- cast and broadband infrastructure is an indeed progress, albeit slow. Moreover, it is determined by the Competition Authority that there are no provisions regarding the access of television channels and Pay TV platforms through which to transmission infrastructures, but that no problem has been found with respect to infrastructure access. With regard to access to Pay TV platforms, an important devel- opment has been emerging in Turkey. The Competition Authority recommends making regulations regarding Pay TV platforms, which become increasingly important. The Authority requests the regulatory authorities to issue regulations, particularly with respect to the access of enterprises that provide media services to Pay TV platforms. It is stated in the Report that in recent years the Pay TV platform services market has consistently grown in relation to the number of subscrib-