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 this principle flows the whole architecture of licensing — from the grounds for acquiring the right of use to the rules of the auction. If your activity requires spectrum, this page explains how the system works and under what conditions a license is obtained.
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 it. The use of the orbital position in accordance with international rules and requirements 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 aeronautical radionavigation services are allocated in accordance with the radio regulations of the International Telecommunication Union and the constitution 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 is the map by which it is decided 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 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 to another person — in which case the commission 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 together with affiliated persons is — or would become, upon winning — holder of more than the maximum quantity of radio frequency resource in a specific range or combination of similar ranges, as determined by the commission's decision. Concentration of a large share of spectrum in one group is thus restricted by law, and this threshold should be known in advance from the auction conditions.
The auction procedure
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 auction procedure itself may be challenged.
License term and the holder's obligation
The license is issued for ten years. The holder may apply to the commission for extension one month before expiry — and where the usage complies with the established rules, the term is extended by a further ten years. At the same time, the holder is obliged to use the scarce resource optimally and effectively — including through the introduction of innovative technologies. Spectrum is a limited resource, and the law demands its actual use: obtaining a license is not a symbol of ownership but a combination of the right and the duty of use.
What a prospective participant should consider
Practical preparation begins before the auction. First, study the national allocation plan — only on its basis is it established whether free resource exists in your range. Second, monitor the commission's official website and the mass media: auction decisions are published there, and from publication to the auction you have at least one month to prepare. Third, assess your group's concentration threshold — if with affiliated persons you already hold resource in a range, exceeding the commission's maximum may restrict your participation. The auction conditions will also set out technical and operational requirements preventing harmful interference and protecting health, so the network design should fit them from the start. This preparation is what separates the participant who wins spectrum from one who loses the procedure itself.