The Legal Basis of Telecom Tower Leasing
The leasing of telecommunications masts and towers in Georgia rests on two legal registers: on the one hand, the general rules of civil-law contracts, and on the other, the special norms of the Law on Electronic Communications. Under that law, authorization means the registration by the Georgian National Communications Commission of the activity of a person who provides public electronic communications networks and/or services. An authorized person is any entrepreneurial entity, as well as any non-entrepreneurial legal entity, registered by the Commission and acting as an electronic communications network operator or service provider.
The placement of a mast and the installation of equipment on it is therefore not merely a private arrangement with the owner of the land or the structure: it is directly connected to the authorized person’s status and to its obligations before the Commission. A tower lease agreement must in this context be aligned both with civil rules and with communications regulation, so that the contractual structure does not conflict with the regulatory duties of the operator.
Rights and Duties of Authorized Persons
The law empowers an authorized person to demand from the operator of a public electronic communications network access to and/or interconnection with the corresponding elements of its network, to set its own tariffs for access and services, to use scarce resources in the manner established by the law, and to transfer, wholly or partly, the rights and duties arising from a radio-frequency spectrum usage license to other persons. An authorized person may also challenge a legal act of the Commission in court.
The duties are no less significant: the authorized person must provide the Commission, fully and within the requested time, with information about its activity, including financial and economic documentation regardless of its confidentiality; comply with the legislation in the field of electronic communications, government decrees, and the Commission’s resolutions; notify the Commission within seven working days of any modification of its activity or service and of any change in the holders of its shares; ensure, upon request, unimpeded access by another authorized person to the free elements, functional resources, and capacities of its own network; maintain the integration and integrity of the network; and prevent unauthorized use of the networks and facilities.
Placement on Infrastructure and Agreements with Landowners
Under the Law on Electronic Communications, operators have the right, on the basis of an agreement with the owners of land and structures, to run electronic communications across any land plot, on bridges, in tunnels, in streets, in engineering structures, in collectors, and in protected zones. For state-owned territory, the municipal authorities develop, in coordination with the Commission, transparent and non-discriminatory procedures for granting rights to place network systems, elements, technical facilities, equipment, and additional resources on the territory and land plots in their ownership.
The rules and protection zones for the protection of line structures — masts among them — are established by the Government of Georgia: any earthworks within a protection zone of line structures may be carried out only in agreement with the owner of those structures. When designing, building, and reconstructing social infrastructure, natural and legal persons must, in the cases determined by law, take into account and conduct the design, construction, or reconstruction of engineering structures for the purpose of placing electronic communications networks and facilities, and design, construction, and installation works are completed at the expense of the customer, in compliance with the established technical standards.
Practical Aspects of Tower Leasing
In practice, a tower lease agreement combines several layers: the terms of use with the owner of the land or the tower, the authority to install equipment, access for technical maintenance, responsibility for the integrity of the network, and notification duties toward the Commission. Because notification within seven working days is mandatory for changes in the activity, even a restructuring of the lease may fall within the scope of this duty, and neglecting it complicates the relationship with the regulator.
The regime of protection zones is likewise important: if other earthworks are planned near the leased object, they may lawfully be carried out only in agreement with the owner of the line structure. A tower lease agreement should therefore reflect not only the parties’ mutual relations but also the rules of engagement with third parties — neighbors, municipalities, and the regulator — so that the placement of the infrastructure remains lawful throughout the term of the lease.
Frequently Asked Questions about Tower Leasing
Who registers telecommunications activity?
The Georgian National Communications Commission; authorization is the registration of the activity of providing networks and/or services.
May communications be run across any territory?
On the basis of an agreement with the owners of the land and structures — including bridges, tunnels, streets, engineering structures, and collectors.
What restrictions apply in protection zones?
Any earthworks within the protection zone of line structures are permitted only in agreement with the owner of the structure; the protection rules are set by the Government.
When must the Commission be notified?
Upon modification of the activity or service and upon a change in the holders of shares — within seven working days.
How We Help on Legal.ge
The Legal.ge team assists both operators and infrastructure owners in tower leasing matters: we draft lease and placement agreements, analyze regulatory duties, arrange agreements connected with protection zones, and represent your interests in dealings with the Georgian National Communications Commission. Contact us through the Legal.ge website for support built on both civil and regulatory expertise.