Broadcast licensing and authorization in Georgia is a fundamental prerequisite for starting and operating a media business. Launching a TV station, radio, or digital broadcast involves complex administrative procedures with the Georgian National Communications Commission (GNCC). The field is strictly regulated because the frequency spectrum is a limited state resource, and media significantly influences public opinion. Broadcasters are required to comply not only with technical standards but also with content obligations (e.g., protecting minors from harmful influence, copyright protection, and advertising limits). Broadcasting without a license or authorization is illegal and leads to severe financial sanctions or confiscation of equipment.
Broadcast law specialists offer full legal services for media organizations:
- Authorization Process: A simplified procedure for cable, satellite, and internet broadcasters, involving registration with the Communications Commission and submitting a declaration of conformity.
- License Acquisition: Obtaining a license to use the frequency spectrum for private and community radio/TV broadcasting through a contest or auction.
- Compliance Assurance: Auditing compliance with the Broadcaster's Code of Conduct, the Code on the Rights of the Child, and advertising regulations.
- Dispute Resolution: Representation during administrative proceedings at the Communications Commission (e.g., appealing sanctions) and in court.
- Transactions: Legal accompaniment for the alienation of broadcaster shares, mergers, or acquisitions, and obtaining Commission consent.
- Copyrights: Content licensing and managing relationships with collective copyright management organizations.
The complexity of the field often lies in the details. For example, an authorized person is obliged to submit annual statistical reports and pay regulation fees. Failure to fulfill this obligation results in fines. Obtaining a frequency license is even more difficult: it requires participation in a contest where the program concept, financial stability, and technical capabilities are evaluated. Cases are frequent where a broadcaster is fined for airing "obscenity" or "hate speech," which requires qualified defense, as the line between freedom of expression and violation is often very narrow.
The main regulatory act in this field in Georgia is the Law of Georgia "On Broadcasting." It defines types of broadcasters (general, specialized, community) and their obligations. Also important is the Law "On Electronic Communications," which regulates technical and infrastructure issues. Rules for using the frequency spectrum are outlined in the resolutions of the National Communications Commission. Additionally, compliance with the "Code of Conduct for Broadcasters," which sets ethical standards, is mandatory. Mechanisms for protecting minors are integrated into both the Broadcasting Law and the "Code on the Rights of the Child."
The process begins with defining the client's goals: do they want internet TV or FM radio? In the case of authorization, the lawyer fills out an electronic application and prepares an extract from the registry. In the case of a license, tender documentation needs to be prepared, including a business plan and program schedule. After submission to the Commission, public administrative proceedings begin. Even after receiving the license, the lawyer provides ongoing consultation to the broadcaster on current issues, such as rules for placing election advertising during the pre-election period.
Legal.ge gives you a unique opportunity to connect with lawyers having narrow specialization in media law. This is a field where a general profile attorney might not be effective without knowledge of specific regulations. Specialists represented on our platform will help you navigate the complex licensing labyrinths and build a successful media business in full compliance with the law.
Updated: ...