What Telecommunications Law Covers
Telecommunications law in Georgia brings together the norms that establish the legal and economic foundations of activity by means of electronic communications networks and facilities on the territory of Georgia. The law defines the principles for building and regulating a competitive environment in this field, the functions of the national regulatory authority, and the rights and duties of natural and legal persons when owning, using and providing services through electronic communications networks and facilities. If your business relies on connectivity, internet services or network infrastructure, this is the framework that determines your legal position. That triad — ownership, use and the provision of services — places under one frame the network owner, the consumer and the person who runs a revenue-generating activity through these networks. Knowledge of the law therefore matters equally to a large operator, a small service provider and an ordinary consumer: the rights and duties of each are defined by precisely these norms. The law may also extend, in cases established by law, to unorganized activity, which means the field is not exhausted by commercial organizations.
The Regulator — the Georgian National Communications Commission
Activity in the field of electronic communications is regulated by the Georgian National Communications Commission. The law designates the Commission as the regulatory authority and requires that its decision-making observe maximum openness, objectivity, non-discrimination, transparency and technological neutrality. In practical terms, market entry, authorization and the terms of engagement are each settled under the Commission's rules, while challenges to its acts follow the general administrative procedure. Such a status of the regulator matters to a market participant from both sides: on the one hand, the rules established by the Commission are binding and their breach is connected with sanctions; on the other, the requirements of openness and transparency allow a market participant to be informed in advance and to plan its own conduct. The principle of non-discrimination excludes situations where persons in the same position are treated differently.
Objectives and Principles of State Policy
The declared objective of the field is to satisfy the demand of natural and legal persons for services provided through electronic communications networks and facilities, and to promote the development of an information society, including media literacy. State policy rests on several core principles: equal treatment of legal and natural persons in the activity and in the use of its results; the impermissibility of a monopolistic position and the liberalization of the services market; the development of free enterprise and competition; a prohibition on granting exclusive authorizations to authorized persons and on concluding exclusive contracts in network activity; promotion of modern technologies and management experience together with the attraction and efficient use of financial and material resources; expansion of the types of services together with quality conforming to technical norms; protection of the lawful interests of consumers; international integration of networks; and active international cooperation. Together these principles create an environment in which a new entrant can approach the market with a verifiable legal foundation: the prohibition of monopoly and the rejection of exclusive decisions open the field to competitive pressure, while the requirement to protect consumer interests places service quality at the centre of attention. The aim of developing media literacy belongs to the same context — an information society expects a certain preparedness from consumers as well, and state policy records support for this direction at the level of principles.
Authorization as the Basis of the Activity
Activity in the field of electronic communications is carried out on the basis of authorization of that activity. Authorization is the precondition without which services cannot be provided on a commercial scale. At the same time, regulation in the field follows the principle of technological neutrality: the law does not attach its requirements to a particular technology but to the nature of the activity, which places participants on equal footing as new technical solutions reach the market. In practice this means that if a new form of connectivity appears tomorrow, the requirements connected with it will be resolved within the same authorization frame rather than in separate norms for each technology. For a provider this is predictability; for a consumer it is the assurance that technological change does not diminish their rights. Activity carried out on the basis of authorization thus falls under a single legal regime that rests on the uniform principles applying across the field.
When Authorization Is Not Required
The law defines two important exceptions. Authorization is not required where electronic communications networks and facilities are used to organize electronic communications special networks, or to organize an electronic communications corporate network of an enterprise, institution or organization that is created for non-commercial purposes and to secure that entity's internal communications. An internal office connectivity system and a special network therefore create no authorization obligation, whereas offering services to third parties remains an authorized activity. The boundary looks simple, but practice often raises the question of when a network counts as internal and when as external service. The wording of the law clearly separates the two criteria: a non-commercial purpose and the entity's own internal communication needs. Where a network satisfies both conditions, no authorization is required; where the activity outgrows this frame and serves an indefinite circle of persons, the question of authorization necessarily arises. A legal assessment of these very cases is what helps avoid the risks of fines and re-papering.
How We Help on Legal.ge
On the Legal.ge platform you can obtain qualified legal assistance on any question in the telecommunications field: navigating the authorization procedure, representation before the Commission, participation in administrative matters and structuring contractual relationships. A lawyer will assess your situation, plan the necessary legal steps and protect your interests in dealings with the regulator.