Technologically Neutral Regulation and Authorisation
Satellite communications are not a separately regulated sector in Georgia — the Law on Electronic Communications governs the field under the principle of technological neutrality. Under Article 14, activity in the field is carried out on the basis of authorisation of that activity, and regulation is carried out in accordance with the principle of technological neutrality — that is, the same legal basis applies to a satellite network as to other electronic communications technologies.
Authorisation is a universal step: it is required in every case except where networks and means are used for the organisation of special networks, for the internal needs of an enterprise, or in other cases provided for by law. Article 18 establishes the unified authorisation rule: the Commission carries out the authorisation of provision and of service delivery by electronic communications networks and means; within 10 working days of receiving the declaration the person is registered in the sectoral register of authorised persons.
The Details of the Authorisation Procedure
The procedure is of a declaratory nature: where the accompanying documents are submitted incompletely, the Commission sets the applicant a 5-day period for their complete submission; if they are not submitted within that period, authorisation is not carried out, but the person retains the right to apply again. A norm of silence is particularly important: where the Commission does not set a period within 5 working days of receiving the declaration, the person is deemed authorised. An extract from the register is issued to authorised persons within 3 working days, and the termination of activity is reflected in the register.
For a satellite operator this means that the time and administrative barrier to entering the market is minimal: a properly drafted declaration and complete documentation accelerate authorisation with certainty, while a defect in the documentation causes the same procedure to be traversed anew, with corresponding delay of market entry.
The Spectrum Licence for Satellite Services
Authorisation suffices for provision through a network, but the use of radio-frequency spectrum requires a separate licence. Under Article 49, the licence for the use of spectrum is issued by the Commission through auction or tender, is issued for a term of 10 years, and with proper use the term is extended once more by 10 years — the application being filed 1 month before expiry.
Article 50 defines the basis for obtaining a licence: the existence of free resource, the person’s application and victory in an auction. For satellite systems this means that the required band must be free in the national plan; for the sake of competition the Commission may restrict participation for persons who, together with affiliated persons, would exceed the maximum resource.
The Auction Procedure and the Winner’s Obligations
Under Article 52, the decision to hold an auction is disseminated through the media and on the Commission’s official website at least 1 month in advance. The decision must indicate the geographical boundaries of the market, the technical and operational conditions of use of the scarce resource, the starting or offered price, and the deadlines for applications and for the auction. The Commission is guided by the principles of objectivity, transparency, publicity and non-discrimination.
The criterion for identifying the winner is the maximum offer of price: 30 per cent of it is paid within 1 month of the decision, the licence is issued within 7 working days of that payment, and the remainder is paid within 1 year. Where the satellite activity also requires permits of other agencies, the one-stop principle applies — the Commission forwards the documentation within 5 working days. The licensee must begin practical activity within the period set by the decision; the cessation of use of the spectrum for more than 3 consecutive months or for 6 months within one year is impermissible.
Frequently Asked Questions
Does a satellite service need authorisation?
Yes, under Article 14 activity in the field is carried out on the basis of authorisation; within 10 working days of the declaration the person is registered in the register.
When is a person deemed authorised by silence?
Where the Commission does not set a period for completing the documentation within 5 working days of receiving the declaration, the person is deemed authorised.
Does a satellite network need a spectrum licence?
Yes — the use of radio-frequency spectrum requires a separate licence issued by auction or tender for a term of 10 years.
On what principles does the Commission conduct auctions?
Objectivity, transparency, publicity and non-discrimination; the winner is determined by the maximum offer of price, and the payment schedule is strictly fixed.
How We Help on Legal.ge
On Legal.ge we assist in the full preparation of a satellite project: we will determine the need for authorisation, prepare the declaration and documentation, assess the prospects of a spectrum licence, and protect your interests in relations with the Commission. Contact our team when planning the project, before filing the declaration.