Frequency spectrum licensing in Georgia begins from one fundamental principle: the radio frequency spectrum is a state resource and is not subject to private property. From it flows the whole architecture of licensing — from the grounds of acquisition to the rules of the auction. If your activity requires spectrum, this page explains how the system works and what duties attach to the licensee.
The spectrum as a state resource
The position allocated to Georgia on the geostationary orbit is the property of Georgia. That position, as well as the radio frequency spectrum used in the sphere of electronic communication networks and facilities, is not subject to private property, transfer into permanent use, or privatization — the state protects both. The use of the orbital position in accordance with international rules is ensured by the government of Georgia, which, in agreement with the commission, defines the frequencies for the state's public functions — defense, security, and law enforcement. Bands for the aeronautical mobile and radionavigation services follow the radio regulations of the International Telecommunication Union and the rules of the International Civil Aviation Organization.
The management function belongs to the commission: the spectrum is allocated and its use is regulated by the commission, which establishes the national frequency allocation plan in accordance with the ITU radio regulations, taking into account the frequencies defined by the government for public functions. That plan decides which band serves which purpose and where "free" resource may be sought.
The routes to acquiring the right of use
The right to use the radio frequency spectrum is acquired on the basis of a license, by auction or competition, or — in cases provided by law — by assignment on the basis of a commission decision. For ensuring a digital terrestrial television network, the right of use is acquired on the basis of a license, by the competition procedure provided by law. The commission issues the license by auction or competition, in accordance with this law, the Georgian laws on licenses and permits and on license and permit fees, and the auction regulations approved by a commission decree — every stage of the procedure is governed by its own normative act.
The basis for obtaining a license is the existence of free resource, a person's application, and victory at auction: the commission decides to hold an auction where free spectrum exists under the national plan and there is a person's request, or where a license holder applies to transfer its usage right — wholly or partly — to another person; the commission then holds the auction under the general rule.