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.
Protecting competition and concentration limits
To ensure competition in electronic communications, the commission's substantiated decision may restrict the usage right of a person who, at the moment of announcing the auction, independently or with affiliated persons is — or would become, upon winning — holder of more than the maximum quantity of resource in a specific range or combination of similar ranges, as determined by the commission. Concentration of a large share of spectrum in one group is thus restricted by law — a threshold to be known in advance from the auction announcement.
The auction procedure and practical preparation
The procedure for issuing a license by auction is transparent: the commission's decision to hold an auction is disseminated through the mass media and published on the commission's official website — at least one month in advance. The decision must indicate: the corresponding geographical boundaries of the service market; the technical and operational conditions for using the scarce resource, which prevent harmful interference and harmful effects on human health; the initial or offered price; and the deadlines for accepting applications and for holding the auction. In conducting the auction the commission is guided by the principles of objectivity, transparency, publicity, and non-discrimination — and it is on these principles that the procedure itself may be challenged.
Practical preparation begins before the auction: study the national allocation plan, because only on its basis is it established whether free resource exists in your range; monitor the commission's website, since at least one month separates publication from the auction; and assess in advance your group's concentration threshold and the technical requirements, so that the network design fits the conditions on interference and health protection from the start.
License term and the holder's obligations
The license is issued for ten years. The holder may apply for extension one month before expiry — and where the usage complies with the established rules, the term is extended by a further ten years. The holder is also obliged to use the scarce resource in accordance with the legislation and the conditions of the commission decision issuing the license, ensuring its optimal and effective use — including through innovative technologies.
Frequently asked questions
Can the radio frequency spectrum be privatized?
No. The spectrum and the position belonging to Georgia on the geostationary orbit are not subject to private property, transfer into permanent use, or privatization — the state protects them. Only the right of use may be acquired, as established by law.
What must the decision to hold an auction contain?
The geographical boundaries of the service market, the technical and operational conditions of use, the initial or offered price, and the deadlines for applications and for the auction. It is disseminated at least one month in advance through the media and the commission's website.
How is concentration of spectrum in one group restricted?
To protect competition, the commission determines by substantiated decision the maximum quantity of resource in a specific range or combination of similar ranges; exceeding it entails restriction of the usage right.
How We Help on Legal.ge
The lawyers of Legal.ge assist at every stage of spectrum licensing: we assess your opportunities under the national allocation plan, identify the risks of concentration limits, and prepare your auction application and documentation. We protect your interests before the commission.