The Broadcasting Sphere and the Grounds for Activity
Broadcasting in Georgia is regulated by the law on broadcasting and mass media, and for authorization and licensing purposes the sphere covers media services and video-sharing platform services. Activity is carried out by the public broadcaster and by its Adjara television and radio, as well as on the basis of licensing or authorization. The decisive distinction: activity in the broadcasting sphere, except airwave radio broadcasting, is subject to authorization, while a license is issued only for radio broadcasting carried out through transmitters using the radio frequency spectrum. Television thus falls under the authorization regime, while spectrum-dependent radio follows the license and competition route. Authorization is granted for an indefinite term, which lowers the entry barrier, but a dense package of obligations attaches to the authorized person.
Types of Broadcasting and Required Information
The types of broadcasting are television and radio; the kinds are community, private and university broadcasting, the subtypes of private being general and specialized, with the thematic focus of programs indicated for specialized broadcasting. By geographical area broadcasting is national or local, and by availability it may be paid or free. Upon licensing or authorization, the language, the distribution technology, the start deadline and the expected geographical zone must be indicated, and the minimum daily duration for airwave television must be 12 hours. Transit using the frequency spectrum is allowed only for the unchanged retransmission of a licensed radio broadcaster, during free airtime, when the provider of transit carries out no broadcasting of its own; transit of a broadcaster resident in another state is admissible only where a respective international treaty exists.
The License Term and the Competition Procedure
A license is issued for a term of 10 years. After expiry it is extended once, for the same term, automatically, if no sanctions envisaged by the law have been applied to the holder; the holder then pays the license fee and the initial fee established at the moment of continuation. Otherwise the holder applies to the commission 6 months before expiry for the announcement of a competition, which the commission holds before the license expires. A license for airwave broadcasting is issued on the basis of a competition whose announcement specifies the type, kind and subtype of the license, the minimum duration and geographical zone, the programming requirements, the technical parameters, the license fee and the dates of the sessions.
Applications are received within the following 1 month from publication; within 3 working days after the reception deadline a preparatory meeting is held, and for incomplete documentation the commission grants an additional 5 working days, submission by post being prohibited. The applications remain available for public review for 20 days, and an oral hearing is held after 20 days from publication of the public-review notice. Evaluation proceeds on the programming aspect — the diversity of the programs, their correspondence with the interests of the audience and the existence of other broadcasters; for a community radio license, the interests of the community and the services of broadcasters already operating in the expected zone are weighed. Where evaluations are equal, the winner is the seeker who broadcast on the frequencies put out to competition under an earlier license; a single participant is declared winner upon confirmation of payment. If a permit of another agency is needed, the commission, under the one-stop principle, applies to the agencies within 5 working days, a refusal within the subsequent 20 working days being possible only with reasons and ways to cure the non-compliance. Where the winner fails to pay 20% of the license fee within the set deadline, the license is refused and the seeker is barred from competitions for 2 years.
The Authorization Procedure and the Registry
A person wishing to carry out community, private or university broadcasting or an on-demand audiovisual media service applies to the commission with an application whose form the commission approves; a video-sharing platform service provider submits an authorization notice and is deemed authorized from the day of submission, the commission checking the notice within 5 working days and registering the person upon compliance. Where a defect is established, at least 5 working days are granted to cure it, and the deadline for additional information may be extended only once, by no more than 15 working days. The application must contain the identification data — for a physical person, name, surname, place and date of birth, address and citizenship; for a legal entity, firm name, legal form, legal address, registration data, representative, partners and shareholders holding 5% or more of the shares — plus the type of broadcasting, language, minimum duration, technology, geographical zone and description of the activity.
The attached package includes a registry extract, a compliance declaration, a financing plan with sources, the concept of the media service and property declarations. Within 10 working days from reception the commission effects the authorization by registration in the registry; if no deadline for completing the documents has been set within that period, the person is deemed authorized. An extract is issued within 3 working days, and cessation or modification of the service must be notified 7 working days in advance.
Obligations of the Authorized Person and Suspension
The authorized person must comply with the legislation and the acts of the commission, observe all conditions of the authorization, respect the rights of consumers and notify them in advance of possible changes in the conditions of the service. A broadcaster publishes weekly, and provides to the commission, the schedule of the following week's programs with titles and short annotations; a provider of an on-demand service submits information on the programs in its catalogs once every two weeks; documentation confirming the authority to distribute programs must be submitted 10 days before the start. On its website, the authorized person must keep accessible its name, addresses, contact details, and information that the commission is the competent regulatory body.
The commission may suspend the authorization at the person's request for the indicated term, or on its own initiative — where the person, for more than 1 year, cumulatively, does not carry out the activity, does not submit regulation fee reports or submits zero reports, and does not pay the fee; as well as where a written warning and a fine have already been applied for a violation. The suspension decision is communicated in writing within 7 days, with motive and basis. Renewal takes place upon re-registration — within 3 working days from reception of the renewal notice, or within 7 days from confirmation of the elimination of the violation. The authorization is cancelled upon the person's application, when all obligations have been fulfilled, or upon death or liquidation, and this does not deprive the person of the right to pass authorization again.
Frequently Asked Questions
When is a license required and when an authorization?
A license is issued only for radio broadcasting carried out through transmitters using the radio frequency spectrum; all other broadcasting is subject to authorization.
For which term is a license issued?
For 10 years; after expiry it is extended once for the same term automatically if no sanctions were applied — otherwise the holder applies to the commission 6 months before expiry.
How quickly does authorization take place?
By registration in the registry within 10 working days from reception of the application; incomplete documentation triggers a 5-working-day period, and if no deadline has been set within that time, the person is deemed authorized.
What awaits a competition winner who fails to pay?
If 20% of the license fee is not paid within the deadline set by the commission, the license is refused and the seeker is barred from competitions for 2 years.
How We Help on Legal.ge
On Legal.ge you can find media law lawyers who will help with preparing for a competition, compiling licensing documentation, drafting the authorization application and building compliance with the obligations of an authorized person. Choose a specialist and receive a precise, law-based plan for the launch.