The foundations of the authorization regime
Under the Georgian Law on Electronic Communications, activity in the field of electronic communications is carried out on the basis of authorization, and regulation is conducted under the principle of technological neutrality — the same rules apply regardless of the technology. Authorization is necessary in only two cases: it is not required for the organization of special electronic communication networks and for the organization of an internal corporate network of an enterprise, institution or organization created for non-commercial purposes. In every other case, entering the market begins with authorization.
Authorization is carried out by the Commission: it authorizes persons carrying on activity in the field and keeps the departmental registry of authorized persons, and also supervises their compliance with Georgian legislation — including the Commission's own resolutions and decisions. The Commission is thus both the gateway to the market and the standing supervisor of those acting in it.
The general authorization rule and the registry
The Commission performs authorization in both directions: the authorization of provision through electronic communication networks and facilities, and of the delivery of services through them. Within 10 working days of receiving the declaration the Commission effects the authorization by registration in the departmental registry of authorized persons; the registry contains the data of the declaration. If the attached documents are submitted incompletely, the Commission sets the person wishing authorization a 5-day period for submitting complete documentation; if the documents are not submitted within that period, authorization is not carried out — though this does not deprive the person of the right to apply again. If within 5 working days of receiving the declaration the Commission has not set a period, authorization is carried out in the manner established by law. This rule makes market entry a fast and predictable procedure: declaration and registration replace lengthy licensing, and technological novelty of facilities is no longer a reason for new authorization.
The rights of an authorized person
An authorized person may: demand from the operator of a public electronic communication network access to the respective elements of its network and/or the provision of interconnection; use scarce resources in the manner established by the law and independently set the tariffs for access to its own network elements and for electronic communication services; transfer to other persons, wholly or partly, the rights and obligations arising from a licence for the use of the radio frequency spectrum; and appeal a legal act of the Commission in court.