A license for the use of radio frequency spectrum (often referred to broadly as "Cell Tower Permits") represents a critically important legal basis for the functioning of mobile operators and telecommunications companies in Georgia. This service encompasses both obtaining the spectrum license from the Communications Commission (ComCom) and securing the necessary construction permits for the physical deployment of infrastructure (towers). Frequency resources are exhaustible state resources; therefore, their allocation is strictly regulated and often conducted via auction.
Legal services in this category are complex and require specialized knowledge in telecommunications law. The service includes:
- Legal support for auction participation: preparing documentation for participation in auctions announced by the Communications Commission.
- License acquisition and modification: extending the validity of existing licenses, changing conditions, or adding new frequencies.
- Obtaining construction permits: liaising with local municipalities to obtain permits for the construction of base stations and towers (Class III and IV objects).
- Compliance with sanitary and environmental norms: documenting compliance with electromagnetic radiation standards and environmental impact assessment issues.
- Dispute resolution: representation before the Communications Commission and in court in cases of license revocation or imposition of fines.
In real-world scenarios, this service is vital for new mobile operators entering the market, as well as for existing operators expanding their networks (e.g., deploying 5G networks). Often, a company wishes to erect a tower on private land, which requires drafting lease agreements and obtaining municipal permits. Public protests regarding tower placement due to "radiation fears" can also be problematic; in such cases, the lawyer's role is to prove that the facility meets all sanitary standards. License expiration or violation of license conditions also requires immediate legal intervention.
The sector in Georgia is regulated by the Law of Georgia on Electronic Communications and the Law of Georgia on Licenses and Permits. The license for radio frequency spectrum usage is issued by the Communications Commission of Georgia (ComCom). The placement of towers as construction objects is regulated by the Code of Spatial Planning, Architectural and Construction Activities. Legislation clearly defines the obligations of the license seeker, including the payment of license fees and adherence to technical parameters.
The process typically begins with a technical and legal audit. If the goal is to obtain frequency, the lawyer prepares an application for the Commission's auction. In the case of tower construction, the process involves legal due diligence of the land plot, approval of topographic plans, and submission of the architectural project to City Hall. Even after obtaining the permit, lawyers ensure regular reporting to the regulator (ComCom) so that the company maintains its license validity.
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