Infrastructure Access Rights are a crucial legal component of the telecommunications and utility sectors, regulating operator access to passive physical infrastructure. This involves the use of poles, cable ducts, manholes, and towers owned by one operator or utility company (e.g., an energy company) by another operator to expand their network. Georgian legislation obliges dominant operators and infrastructure owners to grant access to other authorized entities on non-discriminatory terms.
This service involves complex negotiations and legal procedures to secure access. The lawyer's role includes:
- Drafting and negotiating access agreements: outlining technical and financial terms, and ensuring tariff compliance with Commission regulations.
- Dispute resolution at the Communications Commission: if an infrastructure owner unreasonably refuses access or imposes discriminatory tariffs, the lawyer prepares a complaint to ComCom.
- Legal support for joint use schemes: developing rules for multiple operators to use the same trench or tower.
- Obtaining easement rights: legally formalizing the right to run communications across private or state-owned land.
- Monitoring tariff regulation: ensuring that fees charged by the infrastructure owner align with established tariff caps.
A practical example: an ISP wants to bring fiber internet to a village, but digging trenches is expensive. The most efficient way is to use the poles of "Energo-Pro Georgia" or another energy company. However, the energy company might demand unreasonably high prices or refuse on technical grounds. Here, a lawyer steps in to demand access based on the law. Disputes regarding lack of space in cable ducts are also common, requiring technical audits and fact-finding.
The issue is regulated by the Law of Georgia on Electronic Communications and the Law of Georgia on Energy and Water Supply (when energy infrastructure is involved). The Communications Commission has adopted special resolutions on "Obligations Regarding Access to Elements and Facilities of Electronic Communication Networks," which define technical and tariff conditions for access. These regulations aim to reduce costs and foster competition.
The process begins with a written request to the infrastructure owner. If no agreement is reached within 30 days, the dispute moves to the regulatory commission. The lawyer prepares all necessary evidence showing that access is technically feasible and the refusal violates the law. In a successful dispute, the Commission orders the owner to grant access at a determined tariff.
Legal.ge offers access to lawyers experienced in infrastructure disputes. This is a specific niche requiring a synthesis of technical and legal knowledge. With our platform's help, you can effectively defend your right to infrastructure usage and save significant capital costs during network construction.
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