The Legal Foundations of Net Neutrality in Georgia
Net neutrality stands for equal, non-discriminatory treatment of users and service providers within electronic communications networks. Georgian legislation contains no dedicated net-neutrality norm: the Law of Georgia on Electronic Communications does not directly regulate traffic management. Article 4 of that law establishes the nearest analogous principles, requiring maximum openness, objectivity, non-discrimination, transparency and technological neutrality when the Commission adopts regulatory decisions. Technological neutrality in that provision concerns the regulator’s even-handed treatment of technologies in the rules it sets, not a direct guarantee of network neutrality for users and service providers. Questions touching on network neutrality are therefore assessed through the general principles this law establishes.
The Goals and Principles of Activity in Electronic Communications
Under Article 4, activity in the field aims to satisfy the demand of natural and legal persons for services provided through electronic communications networks and facilities, and to support the formation of an information society, including the development of media literacy. The activity rests on the equality of legal and natural persons, the inadmissibility of monopolistic positions, liberalisation of the services market, free entrepreneurship and competition, the inadmissibility of exclusive authorisations and agreements, the protection of consumers' lawful interests, and the international integration of networks. Together these principles anchor the neutrality of the regulatory regime toward both technologies and market actors.
Competition Regulation and the Tasks of the Commission
Article 20 of the law defines the goals of competition regulation: ensuring the equality of authorised persons and promoting effective competition, encouraging investment in electronic communications networks and facilities together with technological innovation, preventing excessive concentration of market power in the hands of a few authorised persons, and maintaining a transparent, objective and effective regulatory regime for operators with significant market power. Among its tasks are non-discriminatory access or interconnection for willing authorised persons to network elements and free capacities, the prohibition of discrimination against end users and of subsidising particular services, and a transparent and competitive environment for scarce resources. In pursuing these goals the Commission is guided both by this law and by the Law of Georgia on Competition, which keeps sectoral oversight aligned with the general competition framework.
Specific Obligations of Operators with Significant Market Power
Under Article 29, the Commission may impose one or more specific obligations on an authorised person with significant market power in the relevant segment of the services market: ensuring transparency of information, prohibiting discrimination, keeping separate accounts of costs and revenues in line with methodology approved by the Commission, access to the appropriate elements of the network, and tariff regulation with cost accounting. Article 31 obliges such a person to publish financial reports, descriptions of network elements, functional resources and free capacities, the conditions and tariffs of access and interconnection, and a detailed call offer, so that no one is charged additional fees for elements it did not request. Article 32 prohibits discrimination: in essentially similar circumstances, services must be supplied on identical terms and within identical periods, and if an operator offers someone better conditions, it must amend its call offer within 30 days of concluding the contract. Article 34 grants willing authorised persons a guarantee of unrestricted, transparent and non-discriminatory access to network elements: the parties must take all fair and reasonable measures to conclude an access or interconnection agreement within 30 days of receiving the application, and must submit a copy of the signed agreement to the Commission within 3 working days of its bilateral signature.
Consumer Rights and the Dispute Resolution Procedure
Article 63 of the law governs the consideration of disputes between a provider of electronic communications services and an end user. The provider is obliged to establish an effective internal mechanism for considering and responding to complaints, and must review a complaint within 15 days. Where the requirements on the protection of consumer rights are breached, an interested person may apply to the provider itself, to the Commission, or directly to a court. The Commission considers complaints through an oral hearing aimed at reconciling the parties. A protocol of the oral hearing is drawn up, and the interested party may submit remarks on it within 3 working days of familiarising itself with it. Within 10 working days of the oral hearing the Commission adopts a decision binding on the parties; where a violation is confirmed, it applies sanctions and orders the restoration of the infringed right.
Frequently Asked Questions about Net Neutrality
Within what period must a provider review my complaint?
Under Article 63 of the Law on Electronic Communications, the provider is obliged to review a complaint within 15 days.
What is a call offer and why does it matter?
A call offer is a published proposal on access and interconnection issued by an operator with significant market power. Article 31 requires it to contain detailed information on network elements, free capacities and tariffs, so that a willing person is not charged additional fees for elements it never requested.
How much time do the parties have to conclude an access agreement?
Under Article 34, the parties must take all fair and reasonable measures to agree and sign an access or interconnection agreement within 30 days of the date the application is received, and a copy of the agreement must be submitted to the Commission within 3 working days of its bilateral signature.
Where do I turn if an operator infringes my rights?
You may apply to the electronic communications service provider itself, to the Commission, or directly to a court. The Commission examines the case through an oral hearing and, if a violation is confirmed, applies sanctions and orders the restoration of the infringed right.
How We Help on Legal.ge
If you are dealing with a net neutrality issue as a consumer, an authorised person or a provider, the Legal.ge team will help you work through the requirements of Articles 4, 20, 29, 31, 32, 34 and 63 of the Law on Electronic Communications, check the information published in a call offer, and plan a complaint or proceedings before the Commission.