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Cable Television

Is a license required to operate a cable TV network in Georgia?

No, you only need authorization from the Communications Commission for broadcasting transit, which is a notification-based process, not a licensing one.

Can I retransmit any TV channel I want?

No, you must have a valid retransmission agreement with every channel included in your package to avoid copyright infringement fines.

What channels are mandatory to carry?

Under "Must Carry" rules, operators must include the Public Broadcaster and certain other national channels in their packages without charging them for carriage.

How do I legalize my cable infrastructure?

You need lease agreements with utility companies or municipalities to attach cables to poles or use underground ducts. Unauthorized use can lead to cable dismantling.

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Cable television and broadcasting transit are crucial segments of the Georgian telecommunications market. This field involves cable operators who provide retransmission of television channels to consumers. From a legal perspective, operating cable television differs from traditional broadcasting and requires specific authorization both as an electronic communications network operator and as an entity authorized for broadcasting transit. Companies involved in this business face complex challenges, such as adhering to "must carry" principles, negotiating with copyright holders, and observing competition rules. Qualified legal assistance is decisive for a cable operator to carry out activities legally, avoid copyright disputes, and ensure service continuity.

What Does Cable Television Legal Service Cover?

Cable television law combines elements of telecommunications, contract, and copyright law. Services include:

  • Authorization and Registration: Handling authorization for broadcasting transit at the Georgian National Communications Commission (ComCom) and monitoring the calculation/payment of annual regulation fees.
  • Transit Agreements: Concluding agreements with Georgian and foreign TV channels to include their signals in the package.
  • Copyright Protection: Interacting with collective management organizations (e.g., GCA) and legally regulating the payment of copyright royalties.
  • Infrastructure Legalization: Obtaining necessary permits from municipalities or private owners to lay cable networks (use of utility poles, leasing of ducts).
  • Consumer Rights: Drafting standard contracts for subscribers in accordance with Communications Commission regulations.
  • Must Carry Obligation: Ensuring compliance with rules for the transit of the Public Broadcaster and other mandatory channels.

Common Scenarios and Needs

Cable operators often face the following legal problems:

  • Illegal Retransmission: When an operator includes a popular sports or movie channel in a package without permission, leading to heavy fines and civil lawsuits for damages.
  • Infrastructure Disputes: Conflicts with energy companies or municipalities regarding the placement of cables on poles. A lawyer helps regulate lease agreements.
  • Consumer Complaints: Subscriber claims due to service interruptions or changes in packages. A lawyer ensures dispute resolution with the consumer rights defender.
  • Competition Violations: Hindrance of market entry by dominant operators or the setting of dumping prices.

Georgian Legislation on Cable Broadcasting

Cable television activities are regulated by two main laws: the Law of Georgia on Electronic Communications (regulating the network and infrastructure part) and the Law of Georgia on Broadcasting (regulating the content transit and copyright part). These laws oblige operators to undergo authorization and adhere to technical standards.

Furthermore, the Law on Copyright and Related Rights is crucial, prohibiting the use of a work (in this case, a TV signal) without the author's/rights holder's consent. Resolutions of the National Communications Commission also define the rules for service delivery and mechanisms for protecting consumer rights.

Process: How Does a Lawyer Work with Cable Operators?

Legal support for the cable business involves:

  1. Authorization Management: The lawyer prepares and submits an authorization declaration to the Communications Commission, specifying the exact type of activity (broadcasting transit).
  2. Contract Audit: Checking existing contracts with channels and infrastructure owners to identify risks.
  3. Negotiations: Active participation in negotiations with TV channels to obtain retransmission rights on the best terms.
  4. Dispute Management: Appealing fines imposed by the Commission or defending the operator's interests in copyright disputes.

Why Choose a Specialist on Legal.ge?

The cable television business requires a synthesis of technical and legal knowledge. Specialists presented on Legal.ge are well-versed in the specifics of the telecommunications market, Communications Commission regulations, and copyright management practices. Hiring a lawyer through our platform will help you build a legal and sustainable business, avoid expensive copyright disputes, and ensure the uninterrupted functioning of your network in full compliance with the law.

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