Broadcast licensing spans the whole path — from who needs a licence or an authorization at all, through the content of the application, the contest procedure, to the refusal and its judicial review. These rules are established by the broadcasting law, and knowing them matters for anyone entering the radio or television field. This page explains the complete licensing framework on the basis of articles 38, 38-2, 39, 41, 43 and 44 of the law.
Who Needs a Licence and Who an Authorization
Under article 38, broadcasting is carried out on the basis of an authorization or a licence. The forms of broadcasting are television and radio broadcasting; television and radio broadcasting, except airwave radio broadcasting, are carried out on the basis of an authorization, while airwave radio broadcasting is carried out on the basis of a licence. On-demand audiovisual media services are provided on the basis of an authorization.
The types of broadcasting are community, private, university and cultural-creative radio broadcasting; for private specialized broadcasting, the themes of the programs must be indicated. By geographic area, broadcasting is national or local; by availability of programs, paid or free. Upon licensing, the language of broadcasting, the minimum daily duration — which must be 12 hours in the case of airwave television broadcasting — the distribution technology, the start deadline and the estimated geographic zone are indicated.
Administrative Proceedings and Terms
Under article 38-2, the granting, modification, extension, suspension and revocation of a licence follow public administrative proceedings; an authorization and the modification of its conditions follow simple administrative proceedings, while suspension or revocation at the commission's initiative follows public proceedings. Article 39 provides that a broadcasting licence is issued for a term of 10 years. After the term expires, the licence is extended once, for the same term, automatically, unless sanctions provided for by the law have been applied against the licence holder during that period.
In any other case, the licence holder applies to the commission with a request to announce a contest 6 months before the expiry of the term, and the commission conducts the contest before the term expires.
The Content of the Application
Under article 41, a licence seeker applies to the commission with an application indicating the applicant's data — for a legal entity, the firm name, legal form, registration, and the shareholders holding 5% or more of the shares — as well as the type, species and subspecies of the licence, the estimated geographic zone of broadcasting and the daily duration.
The application is accompanied by a registry extract, proof of payment of the licence fee, a declaration of compliance, property declarations, a financing plan, documentation of the technical means and a broadcasting concept. Upon submission, 10% of the licence fee is paid, and if the licence is not granted this amount is returned to the seeker within 10 working days of the submission of the written application. Only the commission grants the licence, and the establishment and demand of other licences and permits is prohibited — the one-stop principle applies.
The Contest and Refusal
Article 43 sets the contest procedure for an airwave broadcasting licence: the decision announcing the contest indicates the licence to be granted, the minimum duration and zone, the minimum programming requirements and the technical parameters. Applications are accepted during the month following publication; within 3 working days of the close of acceptance a preparatory meeting is held, and where documentation is incomplete the seekers are given an additional 5 working days. The applications and documentation remain available for public inspection for the following 20 days, after which the commission holds an oral hearing.
The commission assesses the documentation from the programming aspect, considering the diversity of the proposed programs and their correspondence with the interests of the audience. If 1 licence seeker participates in the contest, that seeker is declared the winner upon confirmation of payment. Under article 44, the commission refuses to grant a licence where the seeker has not won the contest, and the refusal is formalized by a decision; the refusal may be appealed in court.
Frequently Asked Questions
Questions about licensing most often concern the difference between a licence and an authorization, the terms, and the contest procedure.
When is a licence required and when an authorization?
Airwave radio broadcasting requires a licence; television and non-airwave radio broadcasting operate on the basis of an authorization. On-demand audiovisual media services are also subject to authorization.
For what term is a licence issued?
For 10 years; after expiry it is extended once, for the same term, automatically, unless sanctions have been applied against the holder.
What happens if automatic extension does not occur?
The holder applies to the commission for the announcement of a contest 6 months before the expiry of the term.
May a refusal be appealed?
Yes — the commission's refusal to grant a licence may be appealed in court.
How We Help on Legal.ge
The Legal.ge team assists broadcasters at every stage of licensing: choosing the correct form between authorization and licence, preparing the application and accompanying documentation, participating in the contest and appealing a refusal.
If you plan to start broadcasting or have a licensing dispute, write to us on Legal.ge — we will assess your situation and prepare the necessary steps.