Spectrum Allocation in Georgia | Legal.ge

SpectrumAllocation

How can a foreign company obtain a spectrum license in Georgia?

A foreign company must first register a local subsidiary in Georgia. Only legal entities registered in Georgia can hold a spectrum license. The local entity then participates in the auction.

What is the validity period of a spectrum license?

Typically, spectrum licenses in Georgia are issued for a period of 10 to 15 years, depending on the technology and auction terms. They can usually be renewed upon expiration.

Are there free frequencies available for private use?

Yes, certain bands (like 2.4 GHz and 5 GHz for Wi-Fi) are license-free for low-power usage. However, using high-power equipment or protected bands without a license is illegal.

Spectrum allocation and management is one of the most complex and strategic areas in telecommunications. Radio frequency spectrum is a limited national resource managed by the state. In Georgia, obtaining a spectrum license is essential for mobile operators, TV/Radio broadcasters, and wireless internet providers. Incorrect spectrum planning or operating without a license can lead to severe financial penalties and suspension of operations. Legal services in this field involve assisting companies in participating in auctions (e.g., for 5G frequencies), obtaining frequency assignments, coordinating frequencies with neighboring countries, and monitoring compliance with license conditions.

What Does Spectrum Allocation Service Cover?

Qualified lawyers assist at all stages of interaction with the regulatory body (ComCom):

License Acquisition and Auctions: Full legal support for auctions announced to obtain licenses for using frequency resources — preparing documentation, formulating tender proposals, and arranging bank guarantees.
Frequency Assignment and Authorization: Navigating procedures for assigning auxiliary technological frequencies (e.g., microwave links).
Spectrum Transfer and Trading: Legal assistance during mergers or acquisitions when a frequency license needs to be transferred from one legal entity to another.
Interference Disputes: Handling disputes where the operation of another operator or illegal device causes disruptive interference on your frequency.
Compliance Audit: Legal monitoring of the fulfillment of coverage obligations stipulated by the license to avoid penalty sanctions.

Common Situations and Scenarios

Issues related to spectrum management are relevant for various types of businesses:

Participating in 5G Auctions: A mobile operator wants to implement next-gen internet and needs a license for the 700 MHz or 3.5 GHz bands. Detailed analysis of auction terms and strategy development is required.
Opening a Radio Station: A new media outlet plans to start FM radio broadcasting and needs to find and license a free frequency in a specific city.
Signal Jamming: An operator in a border zone faces issues where signals from operators in neighboring countries (Turkey, Armenia) overlap their frequency. International coordination procedures via the regulator are needed.
Illegal Repeaters: Poor-quality signal boosters (GSM repeaters) installed by citizens in private homes paralyze the operator's network in the neighborhood. Legal response is needed to dismantle the equipment.
License Renewal: A 10-year license term is expiring, and the operator wants to extend (modify) it, which requires regulator approval and fee payment.

Georgian Legislation and Regulations

Radio frequency spectrum is regulated by a strict legislative framework:

Law of Georgia on Electronic Communications: Defines rules for using exhaustible resources (frequencies), licensing principles, and auction procedures.
Law of Georgia on Licenses and Permits: Establishes the general administrative framework for issuing state licenses.
National Table of Frequency Allocations: A technical document defining which frequencies are allocated for mobile communication, television, defense, etc.
Resolutions of the Communications Commission: Regulate license fee amounts and technical parameters.

Step-by-Step Service Process

Working on spectrum issues requires high professionalism:

Preliminary Research: The lawyer investigates the availability of free frequencies and the legal status of their issuance.
Application Preparation: Preparing necessary documentation (technical, financial) for participating in an auction or direct assignment.
Auction: Representing client interests during the public auction process and placing bids.
License Issuance: Upon winning, organizing the payment of the license fee and receiving the license.
Coordination and Protection: Ensuring technical compatibility of the frequency and protection from illegal interference.

Why Choose a Specialist on Legal.ge?

Spectrum allocation is a niche specialization requiring both legal and technical knowledge. Specialists on Legal.ge have experience working with the Communications Commission and participating in complex licensing auctions. With their help, you can avoid bureaucratic barriers, secure the desired frequencies, and ensure the legal and uninterrupted functioning of your communication business.