The Right-of-Way under Electronic Communications Law as a Special Kind of Predial Servitude

The right-of-way gives the providers of the electronic communications services the right to pass along (under, over or above) a specific route through grounds or properties belonging to private and/or public persons; and to establish infrastructure necessary for the electronic communications services. Although this right is established between the service providers and the landowners by mutual agreements, the electronic communications service is a universal public service. This service should be provided based on transparent, reasonable and non-discriminatory criteria under domestic law, and the relevant EU Directives. The right-of-way is, therefore, a public service, and this gives some special features to this right. This paper examines the right-of-way in detail in accordance with the provisions concerning property law under Turkish Civil Code; and analyses the legal aspect, and characteristics of this right in comparison with the servitudes in civil law. In this respect, the right-of-way is evaluated in this paper within the scope of the legislation regarding electronic communications, and the current debates on the subject