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.
The obligations of an authorized person
An authorized person is obliged to: provide the Commission fully and within the requested period with information on its activity, including financial and economic documentation regardless of its confidentiality — while the Commission must protect the confidentiality of commercial secrets and personal data, whereas generalized market information and data on subscriber numbers, traffic, revenues and expenses cannot be confidential; comply with legislation and the Commission's acts; notify the Commission within 7 working days of modifications of its activity or services and of changes in shareholders, for entry into the registry; ensure, on request, another authorized person’s unlimited access to the free elements and capacities of its network; maintain the integrity and security of the network; prevent unauthorized use of the networks and facilities; observe quality norms; ensure the availability of the numbering resource and consumer safety rules; ensure electromagnetic compatibility in the use of the radio frequency spectrum; pay the regulation fee and, in the respective cases, the fee for the use of scarce resources and the licence duty; ensure the portability of subscriber numbers through the central database; and fulfill obligations imposed by a normative act of the Government.
Suspension and revocation of authorization
The Commission may suspend authorization: at the request of the authorized person, for the period indicated by it; on its own initiative — if for more than one year the person, cumulatively, does not carry on the authorized activity, does not submit regulation fee reports or submits zero reports, and does not pay the fee; or if the person violates legislation and a written warning and a fine have already been applied. Suspension means the prohibition of the activity until its renewal. In certain cases the decision on suspension is communicated to the person in writing, with the motive and ground indicated, within 7 days of adoption; the renewal of activity takes place from the moment of passage through the registry — within 3 working days of receiving the respective notice, and in the case of elimination of a violation, within 7 days of confirmation of its elimination. Authorization is revoked on the basis of the person's application — in which case all lawful obligations before the Commission must be fulfilled — or on the death or liquidation of the person. Revocation does not prevent passing authorization again. For a market participant this means that entry is simple, but staying is a matter of discipline.
Frequently asked questions
What happens if the documents attached to the declaration are incomplete?
The Commission sets a 5-day period for completing the documentation; if it is not submitted in time, authorization is not carried out, though the right to apply again remains. If within 5 working days of receiving the declaration no period is set, the person is considered authorized.
May an act of the Commission be challenged?
Yes — an authorized person may appeal a legal act of the Commission in court.
What is the difference between suspension and revocation?
Suspension is a prohibition of the activity until its renewal and is temporary in nature; revocation occurs by application, on death or on liquidation — and does not prevent re-authorization.
How We Help on Legal.ge
The lawyers of Legal.ge assist you through the whole authorization cycle: we prepare the declaration and documentation, identify the cases where your network needs no authorization at all, protect deadlines in relations with the Commission, and challenge unfounded suspension or revocation decisions.