About this service
Legally, cable television is far more than a technical service: under the Law of Georgia on Broadcasting, a cable operator occupies a dual position — on one hand, it is a person authorised for broadcasting transit whose activity is carried out under the commission's regulation, and on the other, by redistributing television channels it is an intermediary between the broadcaster and the consumer. From these two roles flows the entire set of obligations this page sets out: the authorisation procedure and conditions, the must-carry and paid transit regimes, the good-faith requirements and the avenues of dispute before the commission.
Grounds of activity: authorisation, not a licence
Under Article 36 of the law, for the purposes of authorisation and licensing the broadcasting sphere comprises media services and video-sharing platform services. Activity in this sphere is carried out by the public broadcaster and the public broadcaster Adjara Television and Radio, as well as on the basis of a licence and/or authorisation. The decisive detail follows: activity in the broadcasting sphere, with the exception of airwave radio broadcasting, is subject to authorisation, while a licence is issued only for radio broadcasting and only where it is carried out through broadcasting transmitters using radio-frequency spectrum. A cable operator that distributes the signal over a cable network rather than by terrestrial transmission therefore falls within the authorisation regime.
Must-carry transit: who may demand channel placement
Article 40¹ of the law imposes the heaviest obligation on a cable operator. The public broadcaster, a community broadcaster, a duly authorised general airwave and/or satellite broadcaster operating within the service delivery zone of a person authorised for broadcasting transit (for the purposes of this article, a satellite broadcaster's zone is the entire territory of the country), as well as an authorised general airwave broadcaster whose broadcasting is accessible to at least 20% of Georgia's population, are entitled to demand placement of their television channel in every package offered to consumers — "must-carry transit". In that case the broadcaster acquires no right to demand remuneration from the operator for transit of its signal: must-carry transit is free of charge.
The procedure is also prescribed in detail. The broadcaster submits the demand to the operator at its legal address by registered mail, with a copy to the commission. The broadcaster must, at its own expense and on a one-off basis, provide the operator with the technical means necessary for distributing the signal in the network and ensure delivery of the signal to the satellite. The commission sets the technical parameters, and the operator must fulfil the must-carry demand within 14 days of the provision of the technical means. The conditions of must-carry transit are periodically reviewed, and in the case of must-carry or paid transit the operator must carry out the transit unchanged.
Paid transit and the good-faith requirement
Where a broadcaster demands remuneration for the transit of its signal, a paid transit contract is concluded between the parties. The law then obliges both parties to conduct negotiations in good faith, and spells out exactly when that requirement is not fulfilled: if either party refuses without justification to take part in negotiations, manifestly delays them, demands a transit fee that is inadequately high or low compared with what the same broadcaster demands from other operators, places the other party in a manifestly discriminatory position, demands that the other party conclude no deal with other market participants, or itself concludes a transaction with a third party on such a condition. A fee discrepancy exceeding 10% between the transit fee charged and that demanded of other broadcasters is deemed to be inadequate.
Each party to a paid transit contract must place it on its own website and, upon written request, immediately hand a copy to any person. Conversely, the law allows the operator to carry the transit free of charge and without the broadcaster's consent where the broadcaster violates the good-faith requirement or terminates the transit contract in breach of its terms. If a party breaches any principal requirement of the must-carry regime, the other party may lodge a complaint with the commission, and the commission's decision may be appealed to court with a claim both for performance of the obligation and for compensation of damage.
Authorisation procedure and conditions
Article 45¹ of the law defines how an operator enters lawful activity. A person wishing to carry on activity in the broadcasting sphere applies to the commission on a form approved by the commission. The application must set out the applicant's identification data — for a legal person, also particulars of shareholders holding 5% or more of the shares — the type, kind and sub-kind of broadcasting to be pursued, the language, the distribution technology and the intended geographical zone. In the case of airwave television broadcasting, the minimum daily duration must be 12 hours. The application is accompanied by a registry extract, a declaration of conformity, a funding plan and a media concept.
Within 10 working days of receiving the application, the commission effects authorisation by registration in the official register of authorised persons; where the documentation is incomplete, a period of 5 working days is set for correction, and an extract from the register is issued within 3 working days. Authorisation is granted for an indefinite term, and the right to begin providing the media service arises from the day of registration in the register. An operator that ceases providing the service or modifies its kind must notify the commission 7 working days in advance. Under Article 48 of the law, the conditions of a licence or authorisation are determined by Georgian legislation as well as by the obligations assumed in the authorisation application — which means that whatever the operator assumes in its application subsequently becomes part of its conditions. Authorisation may be suspended at the operator's request, and also on the commission's own initiative if, for more than 1 year, the person cumulatively does not carry on the authorised activity, does not submit regulation fee calculations or does not pay the fee.
Frequently asked questions
Does a cable operator need a licence or an authorisation?
An authorisation. Under Article 36 of the law, a licence is issued only for radio broadcasting carried out through broadcasting transmitters using radio-frequency spectrum; all other activity, including cable distribution, is subject to authorisation.
Whose channels must be carried?
Under Article 40¹, the right to must-carry transit belongs to the public and community broadcasters, authorised general airwave or satellite broadcasters, and any authorised general airwave broadcaster whose broadcasting is accessible to at least 20% of the population. The demand is submitted by registered mail and must be fulfilled within 14 days of the provision of the technical means.
What is the good-faith boundary in paid transit?
A transit fee is inadequately high or low where the difference from the fee applied to the same broadcaster by other operators exceeds 10%. Such a discrepancy — like delaying negotiations or discriminatory conditions — counts as a breach of good faith.
Where is a transit dispute challenged?
For a breach of Article 40¹, a party may complain to the commission, and the commission's decision may be appealed in court with claims both for performance of the obligation and for compensation of damage.
How We Help on Legal.ge
We build the legal map of a cable operator: we verify the authorisation status and the obligations assumed in the application; we analyse must-carry demands and determine whether a specific broadcaster falls within the circle defined by Article 40¹; we draft paid transit contracts in line with the good-faith requirements; and we represent you both in complaint proceedings before the commission and in court appeals. Contact us for a precise assessment of where your operational freedom ends and the law's demands begin.