On Electronic Communications

Law of Georgia

On Electronic Communications

Article 1. Scope of Application of the Law🔗

This Law establishes the legal and economic foundations for activity through electronic communication networks and means on the territory of Georgia, the principles of establishing and regulating a competitive environment in this field, the functions of the national regulatory body (Georgian National Communications Commission), and the rights and obligations of natural and legal persons during the ownership and use of electronic communication networks and means and the provision of services.

Law of Georgia No. 1591 of 20 November 2013 – website, 3 December 2013.

Article 2. Definition of terms used in this Law🔗

The terms used in this Law have the following meaning:

a) Subscriber – an end user to whom a public electronic communications service is provided on the basis of a written contract concluded in advance with an electronic communications service provider;

b) Subscriber's individual access system – a technological system, technical means and related operational management software resources that ensure the subscriber's receipt of an individual, encoded digital broadcasting service;

c) Local access network – the operator's wired (electrical or fiber-optic) cable line facilities or wireless (fixed radio-frequency or open optical) access technical means in the local service area, for the purpose of providing electronic communications service, for the transmission of calls or information signals between the end user's fixed terminal equipment and a switching or transmitting station, for the transmission of digital broadcasting signals;

d) Local service area – a geographic (territorial) segment of the service market where an authorized person provides public electronic communications service to end users;

e) Authorization – registration by the National Communications Commission of Georgia, under the uniform procedure established by this Law, of the activity of a natural or legal person providing public electronic communications networks and means and/or providing electronic communications services;

f) Authorized person – any entrepreneurial person registered by the National Communications Commission of Georgia, as well as any non-entrepreneurial legal entity that provides electronic communications networks (electronic communications network operator) and/or provides electronic communications services (electronic communications service provider). A legal entity of public law may become an authorized person only in cases provided for by the legislation of Georgia, for the exercise of powers directly defined for it by the legislation of Georgia;

g) Joint significant market power of authorized persons – the joint significant market power of two or more authorized persons in the relevant segment of the service market, i.e. a situation where an analysis conducted by the National Communications Commission of Georgia confirms that the market conditions and competition characteristics established in this market segment allow them to act in concert and jointly obtain a non-competitive advantage in the market, even if there are no structural or other types of relations between them, including contractual relations;

h) Exhaustible resource – radio frequency spectrum and/or numbering resource;

i) Fee for Use of a Scarce Resource – the radio frequency spectrum usage fee and/or the numbering resource usage fee – the amount payable by the applicant for the right to use the relevant scarce resource, the amount of which is determined and the payment procedure for which is established on the basis of an auction and/or in accordance with the "Regulation on Holding an Auction for Obtaining the Right to Use the Radio Frequency Spectrum and/or Numbering Resource" or the "Rules for the Issuance, Use and Settlement of the Numbering Resource" approved by resolutions of the Commission, or by another procedure established by this Law;

j) Indirect Access – access by an electronic communications network operator to its own network elements, their functional resources and free capacities, or access of a user or a person wishing to be authorized to the types of electronic communications services provided (or to be provided) using them, through the networks of another transit connection (service) operator;

k) Auction – in a case provided by law, a form of obtaining the right to use the radio frequency spectrum, under which the license is granted to the applicant winning the auction;

l) Services Market Situation – the situation established in the market through the interaction of structural and dynamic factors of the services market and demand and supply for a specific type of service;

m) Billing Information – data on the service provided to the user or on the load (traffic) of the relevant elements of the operator's network and the volume of their operational resources used in a certain period, which operators provide to each other or to the end user for the purpose of carrying out settlement;

n) End User – a user who uses or intends to use, for their own consumption, services provided through public electronic communications networks and means and does not aim to resell them to another user;

o) Transfer – partial or full assignment by the license holder, in favor of another person, of the rights and obligations arising from the radio frequency spectrum usage license held by them, in accordance with the procedure provided by this Law;

p) Application Programming Interface – a software interface connecting the consumer resources of the service types of a digital broadcasting or electronic communications service provider and the functional resources of the technical means of digital broadcasting;

q) Access – provision by an electronic communications network operator, under defined conditions (including tariffs), of the use of the relevant elements of its own network, technical means, their free functional resources and capacities, or the types of electronic communications services provided (or to be provided) using them, which includes:

q.a) ensuring the use of the relevant elements of the physical infrastructure of the electronic communications network operator's own network and technical means;

q.b) ensuring the use of the elements of the local access network and their free resources, including cable ducts and manholes, subscriber pairs, masts and poles;

q.c) ensuring the use of co-location space;

q.d) ensuring the use of the relevant elements of the network of fixed and mobile communications network operators, their free operational functional resources and capacities (including resources related to the provision of roaming);

q.e) ensuring the use of the resources of the electronic directory (guide) of the subscriber's individual access system and programs (services);

q.f) ensuring the use of resources related to the operational software management of electronic communications networks and user information databases, and to the portability (transfer) of subscriber numbers;

q.g) ensuring the use of types of virtual network services;

q.h) ensuring the use of the functional resources and capacities of other relevant elements of the electronic communications network or of types of communications services;

r) access and/or interconnection seeker – an authorised person who requests from an electronic communications network operator access to the relevant elements of the network, their functional resources and free capacities, and/or the provision of electronic communications services;

s) access and/or interconnection provider – an electronic communications network operator that is required to provide the seeking operator with access and/or interconnection to its network, system, network elements, technical means, their free functional resources and capacities, or to the types of electronic communications services performed (or to be performed) through these networks and means;

t) access (interconnection) point – a point located in the co-location space where the responsibility related to access and/or interconnection of one operator ends and that of another operator begins;

u) access (interconnection) tariff – the fee for access and/or interconnection to the network elements, their resources and capacities of an electronic communications network operator;

v) economic activity – activity defined by the Tax Code of Georgia;

w) electronic communications service – a service performed through public electronic communications networks and means, which an authorised person providing the service offers to a seeking operator or user for a specified fee;

x) Electronic communication networks (electro-communication networks) – a technological system for the electronic processing, addressing (switching), routing and transmission of calls and various information signals, which includes wired (including fibre-optic), satellite, radio-frequency or optical equipment, other technological means and operational technical resources, including fixed (circuit and packet switching, including Internet) and mobile communications, digital broadcasting, terrestrial and cable networks. The provision of electronic communication networks for state defence, security and law-enforcement bodies also envisages the existence of special electronic communication networks;

y) provision of electronic communication networks – the installation, operational management and operation of networks, technical means or relevant network elements and economic activity by their use, as well as the admission of interested authorised persons to these network elements, their resources and capacities;

z) departmental electronic communication network – a network created for a non-commercial purpose, functioning for internal production needs and connected to a public electronic communication network;

aa) electronic communication network operator – an authorised person which intends or carries out the provision by public electronic communication networks or relevant network elements and, for a specified fee, the admission of interested authorised persons to these elements, their resources and capacities, as well as the provision of electronic communication services to users by their use;

bb) electronic communication service provider – an electronic communication network operator or an authorised person admitted to its relevant network elements or resources, which intends or carries out the provision of electronic communication services by these network elements or resources;

cc) joint admission – the admission of two or more interested authorised persons to separable functional resources or capacities of a specific element of an electronic communication network;

dd) vertically integrated operator – an electronic communication network operator which, in the relevant segment of the service market, in the course of its activity owns and uses the full range of relevant network elements or their functional resources, and significantly controls the entire process of the provision of a specific electronic communication service;

ee) marginal tariff – the upper limit of the tariff for admission to electronic communication network elements, established by a decision of the National Communications Commission of Georgia in the cases determined by legislation;

ff) co-location – the granting of access to a co-location area of appropriate size allocated by the operator of an electronic communications network to an interested authorised person, and the ensuring of the placement of its technical means and the provision of operational services, for the purpose of providing access to and/or interconnection with the relevant elements of the electronic communications network;

gg) interface – the physical or logical format of interaction of the elements of an electronic communications network, technical means, operational software resources and systems, defined by common functional, electrical, optical, structural and other compatibility characteristics, with uniform requirements in respect of the protocol;

gg¹) Commission – the National Communications Commission of Georgia;

gg²) ex ante regulation of competition – the determination by the Commission of an authorised person as having significant market power and the imposition on it of the specific obligations predetermined by this Law;

gg³) licence – a special right granted to a person for a defined term and under special conditions to use the radio frequency spectrum;

gg⁴) substitution of the supply side – the possibility, under conditions of established competition in the service market, for authorised persons to supply to the user interchangeable types of services;

gg⁵) acquisition of a significant share – the acquisition by an authorised person of a share (controlling share) in the placed capital of another authorised person of such an amount as determines significant control over the activities of that person. The acquisition of a significant share determines the interdependence of persons;

gg⁶) significant market power – the significant market power of an authorised person in the relevant segment of the service market, that is, a situation where the analysis conducted by the Commission confirms that the authorised person has no competitors, is protected from significant competition, or its competitive position enables it to exert unilaterally a substantial influence on that segment of the market and to restrict competition;

gg⁷) relevant segments of the service market – the types of services identified in the service market taking into account the tariffs, market conditions, competition, and factors of substitution of the demand and supply sides established in the service market, including interchangeable types of services;

gg⁸) relevant geographic boundaries of the service market – the geographic (territorial) segment of the service market identified by uniform conditions of competition;

gg⁹) user – a legal or natural person who uses or intends to use an electronic communications service;

gg¹⁰) user's terminal equipment – technical equipment intended for receiving an electronic communications service by a subscriber or end user, mobile or located at a fixed address, which is not part of the operator's network but is connected to it;

gg¹¹) replacement of the demand side – the possibility for the user to choose a type of mutually interchangeable service which, at more or less the same fee, quality and volume, satisfies his requirements;

gg¹²) closely related segments of the service market – respective segments of the service market where, due to contractual relations between one or several authorised persons or the structural connection of their networks, significant market power in one market segment may be used by them separately or in concert to obtain or strengthen significant market power in another segment;

gg¹³) numbering system – a defined combination of symbols used in the process of provision of electronic communications service for identification of the network of the electronic communications operator or the user's terminal equipment;

gg¹⁴) numbering resource – a system of symbols existing on the basis of the numbering system, which is used when granting the right to use the numbering resource;

gg¹⁵) direct access – direct access by the electronic communications network operator of a willing authorised person to its own network elements, their functional resources and free capacities;

gg¹⁶) regulatory fee – a fee established on the basis of this Law and the Law of Georgia "on Broadcasting";

gg¹⁷) subscriber numbering – a digital system existing on the basis of the numbering system for identification of the subscriber's terminal equipment;

gg¹⁸) public electronic communications network – a unified system of electronic communications networks intended for providing to users unrestricted, publicly accessible public electronic communications services;

gg¹⁹) harmful interference – interference which has a harmful effect on a radio installation and/or the user's terminal equipment;

gg²⁰) certificate – a document confirming that a duly identified device or service complies with the established requirements;

gg²¹) capacity – a quantitative characteristic of the functional resource of an element of the electronic communications network;

gg²²) special electronic communications networks – networks physically separated from the public electronic communications network, created for non-commercial purposes, for carrying out measures of state defence, security and protection of law and order;

gg²³) specific obligation – an obligation imposed by the Commission on an authorised person with significant market power in order to ensure competitiveness in the respective segment of the service market;

gg²⁴) structural subdivision – a functional subdivision of the internal organisational structure of the electronic communications network operator which, arising from the activity of the authorised person, performs specific work and provides a defined type of electronic communications service;

gg²⁵) technical means – the equipment and means of an electronic communications network used for the purpose of formation, processing, transmission, transfer or reception of electronic communications calls and information signals;

gg²⁶) principle of technological neutrality – a principle according to which, when adopting regulatory decisions, material importance is attached to the type of electronic communications service provided to the end user and not to the technologies used to provide this service;

gg²⁷) transit connection (service) operator – a person who owns and operates elements of a transit transmission or transfer network and, by using them, connects the networks of different operators operating in one or several local service zones, or carries out the transmission or/and transfer of information signals of various electronic communications services or digital broadcasting;

gg²⁸) traffic – the aggregate load of an operator's network elements and technical means in a time interval;

gg²⁹) interconnection – a physical and logical connection of electronic communications networks used by one or several electronic communications network operators so that a user of one electronic communications network operator is given the opportunity to connect to a user of the same or another electronic communications network operator, or/and to benefit from the service of another electronic communications network operator, and which is carried out by the operators through unrestricted, mandatory and non-discriminatory interconnection of their networks with the respective elements;

gg³⁰) (removed – 28.12.2005, No. 2564);

gg³¹) (removed – 28.12.2005, No. 2564) ;

gg³²) (removed – 28.12.2005, No. 2564) ;

gg³³) interdependence – the existence of special relations between interdependent (affiliated) persons which may have a direct influence on the terms or economic results of transactions between them. Such special relations include, in particular, relations in which: persons are founders (participants) of one enterprise, if their aggregate share is not less than 20 percent; one person directly or indirectly participates in the enterprise of another person, if the share of such participation is not less than 20 percent; one person is subordinate to another person by virtue of official position, or one person is directly or indirectly controlled by another person; persons are subsidiary enterprises, or persons are directly or indirectly controlled by a third person; persons together, directly or indirectly, control a third person; persons are relatives (for the purposes of this Law, relatives are considered to be: family members, relatives in the direct ascending and descending line, stepchild, brother and sister, as well as the stepchildren of a parent and of a child);

gg³⁴) interchangeable types of services – types of services that are functionally homogeneous in terms of type, quality, fee and other characteristics, which in the aggregate are so similar that the user substitutes or is ready to substitute one service for another;

gg³⁵) interoperability – mutual compatibility and/or mutual controllability of interfaces of electronic communication networks and systems, as well as of technical, operational and functional characteristics;

gg³⁶) wide-format digital television broadcasting service – television broadcasting whose programme production, editing and delivery to the user is ensured in widescreen (16/9) format;

gg³⁷) elements of an electronic communication network – constituent, functionally separate (or separable) technical or technological means of an electronic communication network, their operational functional resources and capacities, which by their characteristics ensure: transmission, transfer, routing (switching) of calls and information signals; collection of billing information; management of the conditions of the service provided to the end user and interoperability; portability of subscriber numbers; the operator's operational, directory, auxiliary and emergency services; synchronisation and signalling of networks; access to databases related to calls; multimedia; provision of digital broadcasting services; conversion, coding, security protection; paging; teleprocessing of digital data and transmission using the Internet or another protocol, and others;

gg³⁸) relevant elements of an electronic communication network – network elements or technical means directly related to the provision of electronic communication networks or to the provision of electronic communication services and their functional resources, including the resources of the subscriber's individual access system related to the provision of digital broadcasting;

gg³⁹) free element of an electronic communication network – an element of an electronic communication network, its functional resource or capacity which is not loaded and the use of which is possible, in compliance with technical and operational requirements, for the provision of electronic communication services;

gg⁴⁰) merger – in accordance with the Law of Georgia on Entrepreneurs, the union of two authorised persons into one entrepreneurial person, which is the legal successor of the original authorised persons;

gg⁴¹) digital television broadcasting equipment – an end-user terminal device connected to or integrated in a television receiver and intended for receiving digital, interactive television broadcasting services;

gg⁴²) revocation of a licence – declaration of a decision on the issuance of a licence as invalid in accordance with the General Administrative Code of Georgia;

gg⁴³) person – any entrepreneurial person, as well as any non-entrepreneurial legal entity;

gg⁴⁴) Line facilities and structures of electronic communications networks – physical circuits and line routes of cable, overhead, radio-relay, satellite lines of electronic communications networks and/or unified complexes of installations, devices and structures constituting their technological system, which are used for the conveyance and/or transmission of electronic communication call and information signals;

gg⁴⁵) Broadcasting transit – an authorisable activity that includes the transmission by a person of a television or radio channel received from a broadcaster on a lawful basis in unchanged form (without making editorial changes to television or radio programmes) and its provision to the end user using public electronic communications networks and facilities. Transmission in unchanged form also means the case where, despite a change in the broadcasting schedule, the Commission considers that the transit of the broadcaster's television or radio channel is substantially carried out;

gg⁴⁶) Portability (transfer) of subscriber number – the ability of the end user (subscriber) to choose to retain the same subscriber number when replacing an authorised person authorised to provide fixed or mobile communication networks and facilities or to provide services with another authorised person;

gg⁴⁷) (deleted – 23 December 2017, No. 1929);

gg⁴⁸) Operating asset – a tangible and intangible asset of substantial importance, by which an authorised person provides electronic communications networks and/or provides electronic communication services, including an electronic communications network, a local access network, a backbone, line facilities and structures of electronic communications networks, ducts, wells, masts, poles, as well as a licence for the use of a scarce resource, which is of substantial importance from the viewpoint of obtaining significant market advantage by the authorised person;

gg⁴⁹) Use of radio frequencies for auxiliary technological purposes – use of radio frequencies for auxiliary technological purposes for the activity, on the basis of a decision of the Commission, by a person whose activity is not related to the provision of public electronic communications networks and facilities and/or the provision of services through these networks and facilities;

gg⁵⁰) (deleted – 23 December 2017, No. 1929);

gg⁵¹) Digital terrestrial television network – an electronic communications network with appropriate elements (including a multiplex platform), which is used for the distribution of digital television broadcasting;

gg⁵²) Multiplex platform – an electronic system that combines television programmes and data related thereto, as well as other relevant data in digital format, for distribution in a digital terrestrial television network.

gg⁵³) specific section of a radio frequency band (radio frequency range) – a paired or unpaired radio frequency resource allocated/defined in accordance with norms and parameters harmonised within Europe and/or at international level and determined by the "National Plan for the Allocation of the Radio Frequency Spectrum";

gg⁵⁴) combination of specific sections of a radio frequency band (radio frequency ranges) with similar characteristics – a combination of specific sections of a radio frequency band (radio frequency ranges) established by the Commission, which is used for the provision of the same electronic communication service;

gg⁵⁵) maximum amount of radio frequency resource – the maximum amount, expressed in megahertz or percentages, of a specific section of a radio frequency band (radio frequency range) or of a combination of specific sections of a radio frequency band (radio frequency ranges) with similar characteristics, which is determined by a decision adopted by the Commission on the announcement of an auction or in connection with the re-designation of a licence for the use of a scarce resource;

gg⁵⁶) technical capability for real-time acquisition of communication – interception, during the course of communication or immediately upon its completion, of communication transmitted through a communication network and of data identifying it, by using a stationary, semi-stationary or non-stationary technical capability for real-time acquisition of communication;

gg⁵⁷) stationary technical capability for real-time acquisition of communication – interception, by an authorised body, during the course of communication or immediately upon its completion, of communication transmitted through a communication network and of data identifying it, with a pre-defined architecture and established interfaces, by placing/installing appropriate hardware and/or software means on the network and/or station infrastructure of the electronic communication company;

gg⁵⁸) non-stationary technical capability for real-time acquisition of communication – interception, by an authorised body, during the course of communication or immediately upon its completion, of communication transmitted through a communication network and of data identifying it, without connection to the network and/or station infrastructure of the electronic communication company, by using special technical and/or software means;

gg⁵⁹) lawful interception management system – a set of technical and software solutions which, in the architecture of the stationary technical capability for real-time acquisition of communication, is an intermediate link between the monitoring system of the authorised body and the network and/or station infrastructure of the electronic communication company and ensures the technical execution of orders initiated by the monitoring system of the authorised body concerning the activation and deactivation of the technical identifier of an object;

gg⁶⁰) electronic communications company – an authorised person whose type of activity and/or service is the provision and/or service by telephone networks and/or internet networks;

gg⁶¹) object – an object defined by paragraph 31 of Article 3 of the Criminal Procedure Code of Georgia, as well as an object provided for by subparagraph "p" of Article 2 of the Law of Georgia "On Counter-Intelligence Activities";

gg⁶²) electronic communications identification data – user identification data; data necessary for establishing and identifying the trace of the source of communication; data necessary for identifying the addressee of communication; data necessary for identifying the date, time and duration of communication; data necessary for identifying the type of communication; data necessary for identifying the user's communication equipment or possible equipment; data necessary for identifying the location of mobile communication equipment;

gg⁶³) open terrestrial multiplex platform – a multiplex platform intended for the placement of terrestrial broadcasters provided for by the Law of Georgia "On Broadcasting";

gg⁶⁴) high-definition format – a television broadcasting standard defined by the Commission, which is used when establishing the rules for the admission of a broadcaster authorised for terrestrial broadcasting to an open terrestrial multiplex platform in accordance with the Law of Georgia "On Broadcasting";

gg⁶⁵) technical identifier of an object – an identifier defined by paragraph 37 of Article 3 of the Criminal Procedure Code of Georgia, as well as an identifier provided for by subparagraph "q" of Article 2 of the Law of Georgia "On Counter-Intelligence Activities";

gg⁶⁶) authorised body – Legal Entity of Public Law – Operational-Technical Agency of Georgia;

gg⁶⁷) real-time geolocation determination system – a set of technical and software solutions that provides:

h67.a) the possibility of determining, in real time, in automatic mode and with the maximum possible accuracy, the geolocation of the mobile communication equipment of the initiator of a notification received by the Legal Entity of Public Law operating in the field of governance of the Ministry of Internal Affairs of Georgia – the Public Safety Management Centre "112";

h67.b) the possibility of determining, in real time and with the maximum possible accuracy, the geolocation of an object by initiating an order on the activation of the technical identifier of the object's mobile communication equipment for the purpose of conducting a covert investigative action provided for by subparagraph "c" of the first paragraph of Article 143¹ of the Criminal Procedure Code of Georgia and implementing an electronic surveillance measure provided for by subparagraph "c" of paragraph 3 of Article 9 of the Law of Georgia "On Counter-Intelligence Activities";

gg⁶⁸) semi-stationary technical capability of real-time communication interception – interception by an authorised body of a communication transmitted through an electronic communications network and of its identifying data during the communication or immediately upon its completion, by temporary or permanent placement/installation of appropriate hardware and/or software means on the network and/or station infrastructure of the electronic communications company;

gg⁶⁹) monitoring system of the authorised body – a software interface constituting part of the architecture of the stationary technical capability of real-time communication interception, by which the authorised body remotely initiates orders on the activation and deactivation of the technical identifier of the object and which is the final point of receipt of the intercepted information;

gg⁷⁰) media literacy – media literacy as defined by the Law of Georgia on Broadcasting;

gg⁷¹) unified system for tracing mobile communication equipment − a technical system that provides the possibility for the police or another relevant investigative body to submit a request on initiating the search for mobile communication equipment appropriated as a result of the possible commission of a crime or otherwise removed from lawful possession and/or on restricting (blocking) its functioning, as well as to cancel the submitted request, and, moreover, the possibility of providing the police or another relevant investigative body with information on the activation in the network of the mobile communication operator of mobile communication equipment appropriated as a result of the possible commission of a crime or otherwise removed from lawful possession (in the case of restricting (blocking) the functioning of mobile communication equipment, activation includes cases of attempted activation).

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 – website, 30.12.2011

Law of Georgia of 20 February 2014 No. 2039 - website, 27.02.2014

Law of Georgia of 1 August 2014 No. 2632 - website, 12.08.2014

Law of Georgia of 30 November 2014 No. 2871 - website, 30.11.2014

Law of Georgia of 27 April 2016 No. 5021 - website, 13.05.2016

Law of Georgia of 22 March 2017 No. 480 - website, 27.03.2017

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018

Law of Georgia of 19 December 2019 No. 5617 – website, 24.12.2019

Law of Georgia of 12 June 2020 No. 6305 – website, 26.06.2020

Law of Georgia of 2 August 2021 No. 893 – website, 04.08.2021

Law of Georgia of 24 May 2022 No. 1577 – website, 06.06.2022

Article 3. Legislation of Georgia in the field of electronic communications🔗

1. The basis for organizing activity and regulating relations in the field of electronic communications of Georgia is the Constitution of Georgia, the international treaties and agreements of Georgia, this Law and other normative acts.

2. A citizen and a legal entity of a foreign country, as well as a person without Georgian citizenship, shall enjoy the rights and obligations determined by this Law for a Georgian business entity, unless otherwise provided by the legislation of Georgia.

Article 4. Goals and principles of activity in the field of electronic communications🔗

1. The goal of activity in the field of electronic communications is to ensure the needs of natural and legal persons for services through electronic communication networks and means and to promote the formation of the information society, including the development of media literacy.

2. Activity in the field of electronic communications shall be carried out in accordance with the following main principles of state policy in this field:

a) equality of rights of legal and natural persons in the course of activity and in the use of the results obtained;

b) inadmissibility of a monopolistic position in activity through electronic communication networks and liberalization of the services market;

c) development of free entrepreneurship and competition;

d) inadmissibility of granting exclusive powers to authorized persons and of concluding exclusive contracts in activity through electronic communication networks;

e) promotion of the introduction of modern technologies and management experience, and of the attraction and effective use of financial and material resources;

f) expansion of types of services and ensuring of quality corresponding to technical norms;

g) protection of the lawful interests of consumers;

h) international integration of electronic communication networks;

i) active international cooperation;

j) maximum publicity, objectivity, non-discrimination, transparency and technological neutrality when the Commission adopts a regulatory decision;

k) development of media literacy.

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018

Article 5. Body regulating activity in the field of electronic communications🔗

Activity in the field of electronic communications shall be regulated by the Commission.

Article 6. Determination and conduct of state policy in the field of electronic communications🔗

1. The main directions of state policy in the field of electronic communications shall be developed by the Government of Georgia, taking into account the proposals of the Ministry of Economy and Sustainable Development of Georgia, and submitted to the Parliament of Georgia for approval.

2. The main directions of state policy in the field of electronic communications shall be conducted by the Prime Minister of Georgia. The implementation of the main directions of state policy approved in the manner established by the legislation of Georgia in the field of electronic communications shall be ensured by the Government of Georgia within the scope of the powers determined by the Constitution of Georgia, this Law and the Law of Georgia "On the Structure, Powers and Rules of Activity of the Government of Georgia".

3. The Commission, in exercising its powers, shall be guided by the main directions of state policy in the field of electronic communications.

4. In accordance with the Law of Georgia "On Broadcasting", the Commission shall develop and approve an action plan for promoting the development of media literacy.

Law of Georgia of 9 March 2011 No. 4319 – website, 22.03.2011.

Law of Georgia of 6 September 2013 No. 1036 – website, 23.09.2013.

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018.

Article 7. Management and ownership of special electronic communication networks🔗

The bodies determined by a legal act of the Government of Georgia shall have the right to manage and own special electronic communication networks. Their structure and organizational activity shall be determined by the legislation of Georgia.

Law of Georgia of 6 September 2013 No. 1036 – website, 23.09.2013.

Article 8. Protection of the confidentiality of information in the field of electronic communications🔗

1. Information about a user of electronic communication networks, as well as information transmitted by the user through the said networks, is confidential and its protection is guaranteed by the legislation of Georgia.

2. Every entity employed in the field of electronic communications shall be obliged to protect the confidentiality of the information referred to in paragraph 1 of this Article. Workers in the field of electronic communications and other persons who breach the confidentiality of this information shall be held liable in accordance with the legislation of Georgia.

3. The obligation to protect the confidentiality of information provided for by paragraph 2 of this Article shall not apply to cases where an authorised body carries out the covert investigative actions provided for by subparagraphs "a"–"c" of paragraph 1 of Article 143¹ of the Criminal Procedure Code of Georgia, implements the electronic surveillance measures provided for by paragraph 3 of Article 9 of the Law of Georgia "On Counterintelligence Activity", and copies the electronic communication identification databases defined by Article 8³ of this Law.

4. An electronic communication company shall be obliged to transfer electronic communication identification data to a body carrying out investigative or operative-investigative activity in the manner established by Article 136 of the Criminal Procedure Code of Georgia.

5. Information about the content of a communication made by a user through an electronic communication network shall be destroyed immediately, automatically, upon its transmission. The said information may become accessible, in the manner established by law, only to the entity provided for by Article 8¹ of this Law.

6. The obligation to protect the confidentiality of information provided for by paragraph 2 of this Article shall not apply to cases where the State Audit Office exercises the powers defined by the legislation of Georgia (inspection, consideration of an application).

Law of Georgia of 24 September 2010 No. 3619 - LHG I, No. 51, 29.09.2010, Art. 332

Law of Georgia of 1 August 2014 No. 2637 – website, 18.08.2014

Law of Georgia of 30 November 2014 No. 2871 - website, 30.11.2014

Law of Georgia of 22 March 2017 No. 480 - website, 27.03.2017

Law of Georgia of 21 July 2018 No. 3286 – website, 09.08.2018

Law of Georgia of 27 December 2018 No. 4241 – website, 29.12.2018

Law of Georgia of 8 May 2019 No. 4590 - website, 08.05.2019

Law of Georgia of 30 December 2021 No. 1329 – website, 13.01.2022

Law of Georgia of 17 December 2025 No. 1302 – website, 23.12.2025

Article 8¹. Real-time acquisition of communication by an authorised body using a stationary or semi-stationary technical capability🔗

1. The authorised body shall have the right to have a stationary or semi-stationary technical capability for real-time acquisition of communication transmitted through the infrastructure of an electronic communications company and of its identifiable data, and for this purpose:

a) where necessary, to place/install free of charge on the network and/or station infrastructure of the electronic communications company a lawful interception management system and/or hardware and software means connected thereto/necessary for its functioning;

b) to require the electronic communications company to have a stationary technical capability for real-time provision to the monitoring system of the authorised body of the content of communication transmitted through its infrastructure and of its identifiable data, in accordance with the architecture and interfaces defined by the stationary technical capability for real-time acquisition of communication.

2. After the organisation of the stationary and semi-stationary technical capabilities for real-time acquisition of communication provided for by paragraph 1 of this Article, the authorised body shall carry out the subsequent measures of real-time acquisition of communication directly, without the technical and legal participation of the electronic communications company, in accordance with the procedure established by Article 143³ of the Criminal Procedure Code of Georgia and Articles 12–14 of the Law of Georgia “On Counter-Intelligence Activities”.

3. The architecture and interfaces of the stationary technical capability for real-time acquisition of communication shall be determined by normative acts of the authorised body.

4. The rule for organising and carrying out the interception, and for technical acquisition, of the content of communication transmitted by an electronic communications network and of its identifiable data using the semi-stationary technical capability of communication shall be determined by a normative act of the authorised body.

Law of Georgia of 1 August 2014 No. 2637 – website, 18.08.2014.

Law of Georgia of 30 November 2014 No. 2871 – website, 30.11.2014.

Law of Georgia of 22 March 2017 No. 480 – website, 27.03.2017.

Article 8². Recording of the facts of data transfer and provision of information to the State Audit Office🔗

An electronic communications company shall record the facts of transfer of electronic communications identification data to the relevant state bodies under the rules established by Articles 112 and 136 of the Criminal Procedure Code of Georgia and shall provide the appropriate information to the State Audit Office.

Law of Georgia No. 2637 of 1 August 2014 – website, 18.08.2014.

Law of Georgia No. 2871 of 30 November 2014 – website, 30.11.2014.

Law of Georgia No. 3286 of 21 July 2018 – website, 09.08.2018.

Law of Georgia No. 4241 of 27 December 2018 – website, 29.12.2018.

Law of Georgia No. 4590 of 8 May 2019 – website, 08.05.2019.

Law of Georgia No. 1329 of 30 December 2021 – website, 13.01.2022.

Law of Georgia No. 1302 of 17 December 2025 – website, 23.12.2025.

Article 8³. Copying of electronic communications identification databases by the authorised body🔗

1. The authorised body shall have the right to copy electronic communications identification databases and to store them in the central bank of electronic communications identification data for the period established by paragraph 1 of Article 15 of the Law of Georgia "On the Legal Entity of Public Law – Operational-Technical Agency of Georgia".

2. In order to carry out the copying of the electronic communications identification databases provided for by paragraph 1 of this Article, the authorised body shall have the right to have access to the relevant databases of the electronic communications company. The technical rule and procedure for copying the electronic communications identification databases shall be determined by a normative act of the authorised body.

Law of Georgia No. 2871 of 30 November 2014 – website, 30.11.2014.

Law of Georgia No. 3929 of 8 July 2015 – website, 15.07.2015.

Decision of the Constitutional Court of Georgia No. 1/1/625,640 of 14 April 2016 – website, 22.04.2016.

Law of Georgia No. 480 of 22 March 2017 – website, 27.03.2017.

Article 8⁴. Real-time geolocation determination system🔗

1. The authorized body shall have the right to have the possibility of receiving geolocation data in real time from the network and stationary infrastructure of an electronic communications company that provides and/or services mobile communication networks and means, and for this purpose to place/install, free of charge, appropriate hardware and software means on the said infrastructure. Subsequent measures for real-time geolocation determination shall be carried out by the authorized body directly, in accordance with the procedure established by Article 143³ of the Criminal Procedure Code of Georgia and Articles 12–14 of the Law of Georgia "On Counterintelligence Activities".

2. The real-time geolocation determination system shall ensure the possibility of automatically determining the geolocation of the mobile communication equipment of the initiator of a notification received by the Legal Entity of Public Law operating in the area of governance of the Ministry of Internal Affairs of Georgia – the Public Safety Management Center "112".

3. The architecture of the real-time geolocation determination system and the corresponding technical requirements shall be determined by a normative act of the authorized body.

Law of Georgia of 22 March 2017 No. 480 – website, 27.03.2017.

Law of Georgia of 19 December 2019 No. 5617 – website, 24.12.2019.

Article 8⁵. Time limits for the storage of identifying data of electronic communication🔗

1. An electronic communication company is entitled to:

a) no later than 4 years from the termination of the contract on the provision of electronic communication service, store the following identifying data of electronic communication: the user's identity, contact information, information on the location of the installed communication equipment, the subscriber number assigned for the purpose of providing the service and other data indicated in the contract concluded with the user;

b) no later than 4 years from the making of the communication, store the following identifying data of electronic communication:

b.a) data necessary for identifying the user's communication equipment or possible equipment;

b.b) data necessary for establishing and identifying the trace of the source of the communication;

b.c) data necessary for identifying the addressee of the communication;

b.d) data necessary for identifying the date, time and duration of the communication;

b.e) data necessary for identifying the type of communication;

b.f) data necessary for identifying the location of mobile communication equipment;

c) no later than 4 years from the making of the communication, store information on the account and charges (including, the service fee).

2. An electronic communication company shall, immediately upon the expiry of the storage periods of the identifying data of electronic communication defined by paragraph 1 of this Article, ensure the deletion or destruction of these data. The technical execution period for the automatic destruction of data shall not exceed 30 days.

Law of Georgia of 14 June 2023 No. 3148 – website, 03.07.2023.

Article 9. International cooperation in the field of electronic communications🔗

1. International cooperation in the field of electronic communications shall be carried out on the basis of the legislation of Georgia, including the international treaties and agreements concluded by Georgia.

2. In relations with international organizations operating in the field of electronic communications and with the electronic communications administrations of foreign countries, Georgia shall be represented by the Government of Georgia, as well as by the Commission within the scope of the competence delegated by the Government of Georgia.

3. In international associations of national regulatory bodies operating in the field of electronic communications, Georgia shall be represented by the Commission. The authority to represent Georgia shall be retained by the Commission also in those international organizations operating in the field of electronic communications in which it is already a member.

4. In relations with the electronic communications administrations of foreign countries and international organizations in the field of electronic communications, the Government of Georgia and the Commission shall protect the interests of Georgia.

Law of Georgia of 20 November 2013 No. 1591 - website, 03.12.2013.

Article 10. Status of the Commission, the rules of its formation and activity🔗

1. The status of the Commission, the rules of its formation and activity, the rights and duties of the Chairperson of the Commission, the term of office of the members of the Commission, independence and immunity, the grounds for termination of powers and dismissal from office, the legal acts of the Commission, as well as the circumstances of conflict of interest of the members of the Commission and the staff of the apparatus shall be determined by the Law of Georgia “On Broadcasting” and the Statute of the Commission.

2. The Statute of the Commission shall be approved by a resolution of the Commission.

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Article 11. Main tasks and functions of the Commission in the field of electronic communications🔗

1. In the field of electronic communications, the Commission shall independently regulate the activities of authorised persons and/or the use of the radio frequency spectrum and/or numbering resources, including the adoption of normative and individual legal acts, the monitoring and control of their implementation, and the imposition, for detected violations, of the sanctions established by this Law and the Code of Administrative Offences of Georgia, within the powers defined by this Law.

1¹. A legal act of the Commission may be appealed to a court in accordance with the procedure established by the legislation of Georgia. The acceptance of a claim by a court shall not result in the suspension of the operation of the Commission's legal act, except where the court decides otherwise.

2. The main tasks of the Commission are:

a) the establishment, maintenance and development of a competitive environment in the field of the provision of electronic communication networks and means and electronic communication services;

b) ensuring the provision of quality services by authorised persons providing electronic communication services to end users (including persons with disabilities), a wide choice of services for them and tariff affordability;

c) promoting the making of effective investments by authorised persons owning electronic communication networks and means in the introduction of innovative technologies;

d) promoting the development of media literacy in society.

3. The main functions of the Commission are:

a) authorisation of activity in the field of electronic communications;

b) management of scarce resources and ensuring their effective use, the optimal allocation and effective reallocation of the radio frequency spectrum in order to ensure the introduction of innovative electronic communication technologies and for the development of a competitive environment, the establishment of transparent and non-discriminatory conditions and rules for obtaining the right to use the radio frequency spectrum and/or numbering resources, the issuance of a licence for the use of a scarce resource/granting of the right of use and the revocation of the licence/right of use;

c) conducting research and analysis of the relevant segments of the services market, determining authorised persons with significant market power, imposing the specific obligations defined by this Law for the purpose of ensuring competition and supervising and controlling their fulfilment;

d) ensuring the certification, standardisation and metrological servicing of electronic communication means in accordance with the regulation on the certification of radio installations and telecommunication terminal equipment;

e) regulation of the technical-economic and legal relations of access to and/or interconnection with elements of the electronic communication network;

f) resolution of disputes arising between authorized persons carrying out activities in the field of electronic communications, as well as between them and users, within the scope of its authority;

g) supervision of compliance with the authorization and licence conditions for activities in the field of electronic communications, as well as the conditions for use of scarce resources, and implementation of the measures provided for by law in the event of their violation;

h) open, public and transparent relations with society;

i) coordination of measures for the electromagnetic compatibility of radio-electronic means and its international legal protection;

j) representation of Georgia in international organizations operating in the field of electronic communications and protection of its interests within the scope of its own authority and the competence delegated by the Government of Georgia;

k) determination of the rules for establishing amateur radio communication and for the use of amateur radio stations;

l) other functions arising from this Law and from the tasks of the Commission;

m) resolution of disputes arising between licence holders and/or persons having the right to use the radio frequency spectrum and/or numbering resources, in connection with the licence and/or the right to use the radio frequency spectrum and/or numbering resources, within the scope of its authority, in accordance with the rules established by Chapter VI of this Law;

n) approval of the regulation on subscriber number portability, selection of the administrator of the central database system of subscriber number portability by way of open competition, conclusion of a contract with it and monitoring of the performance of the contractual conditions.

o) in the event of a situation on the international and/or regional electronic communications market that has a significant and non-transitory negative impact on the activities of authorized persons operating on the electronic communications market in Georgia, establishment, until the elimination of this significant and non-transitory negative impact, by a reasoned decision adopted in accordance with the rules of public administrative proceedings, of appropriate, effective regulations for all relevant authorized persons operating in the field of electronic communications;

p) control of the degree of protection of the confidentiality of information in the field of electronic communications;

p¹) control of compliance with the rules of age marking of films and games placed on programmable network media (on the Internet) and of programmes distributed via the Internet, in order to implement measures for the protection of children from information posing a threat to children on the basis of the Code on the Rights of the Child;

q) exercise of the powers determined by this Law and the Law of Georgia "On Broadcasting" for the development of media literacy and its promotion;

r) performance of the functions determined by the Law of Georgia "On Competition", taking into account the peculiarities established by this Law.

Law of Georgia of 28 December 2005 No. 2564 – LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia No. 4526 of 8 April 2011 – website, 2 May 2011.

Law of Georgia No. 5546 of 20 December 2011 – website, 30 December 2011.

Law of Georgia No. 2637 of 1 August 2014 – website, 18 August 2014.

Law of Georgia No. 1929 of 23 December 2017 – website, 11 January 2018.

Law of Georgia No. 5022 of 20 September 2019 – website, 27 September 2019.

Law of Georgia No. 5922 of 21 May 2020 – website, 25 May 2020.

Law of Georgia No. 7065 of 17 July 2020 – website, 16 July 2020.

Law of Georgia No. 7131 of 16 September 2020 – website, 21 September 2020.

Article 12. Budget of the Commission🔗

1. By 1 December of each year, the Commission prepares and publishes the budget for the following year, which reflects all expenses of the Commission, including the expenses for the salary provision of the Commission and its apparatus, as well as income.

1¹. The Commission is entitled, after covering the expenses determined by the Commission's budget, to direct the remaining budgetary funds, if any, to the State Budget of Georgia.

2. The Commission's budget is formed by the regulation fee and other sources of funding provided by this Law, the Laws of Georgia "On Broadcasting" and "On Legal Entity of Public Law".

3. The regulation fee is one of the main sources of formation of the Commission's budget, is related to the exercise of the powers conferred on the Commission by the legislation of Georgia and does not constitute income received from economic activity. The expenses determined by the Commission's budget are covered from the annual regulation fee. In the field of electronic communications, the payers of the regulation fee are authorized persons, and in the field of broadcasting – the persons determined by the Law of Georgia "On Broadcasting".

4. The amount of the regulation fee is 0.75 percent of the total value (excluding VAT) of the supply of goods (services) subject to regulation and/or works performed by an authorized person. Authorized persons shall, on a monthly basis, not later than the 20th day of the month following the reporting month, submit to the Commission, in the form approved by a Resolution of the Commission, information on the calculated regulation fee and transfer the regulation fee to the Commission's account.

5. The fee for the use of an exhaustible resource is the amount payable by the holder of a licence for the use of the radio frequency spectrum, as well as by any other person, for obtaining the right to use the radio frequency spectrum and/or the numbering resource. The fee for the use of the radio frequency spectrum shall be transferred to the Commission's budget, except for the fee for the use of an exhaustible resource payable for obtaining a licence, which shall be transferred in full to the State Budget of Georgia.

6. The following shall be exempt from payment of the fee for the use of the radio frequency spectrum:

a) foreign diplomatic and equivalent institutions/representations located in the territory of Georgia, when using the radio frequency spectrum for their official purposes;

b) the ministries provided for by the Law of Georgia "On the Structure, Powers and Rules of Activity of the Government of Georgia" and/or state sub-agency institutions within their sphere of governance.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 5 June 2007 No. 4867 - LHG I, No. 21, 18.06.2007, Art. 182

Law of Georgia of 16 July 2010 No. 3450 - LHG I, No. 42, 22.07.2010, Art. 269

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018.

Article 13. Report of the Commission🔗

1. The Commission annually prepares a report on its activities and conducts a financial audit of its expenses and accounting records in accordance with the applicable rules. The Parliament of Georgia has the right to decide on conducting an audit of the execution of the budget approved by the Commission, which shall be carried out by an internationally recognized auditor selected in accordance with the procedure established by the Rules of Procedure of the Parliament of Georgia. The compensation funds of the auditor selected to examine the financial activity provided for by this article shall be paid by the Commission.

2. Not later than 1 June of each year, the Commission shall submit to the Parliament of Georgia, the President of Georgia and the Government of Georgia and shall publish the report on the activities of the past year and the results of the financial audit.

3. The President of Georgia, a member of the Parliament of Georgia, the Government of Georgia have the right, in accordance with the procedure established by the legislation of Georgia, to request and receive any information about the activities carried out by the Commission.

Law of Georgia of 6 September 2013 No. 1036 – website, 23.09.2013.

Law of Georgia of 6 December 2018 No. 3887 – website, 14.12.2018.

Article 14. Grounds for activity in the field of electronic communications🔗

1. Activity in the field of electronic communications shall be carried out on the basis of authorization of this activity.

2. Regulation in the field of electronic communications shall be carried out in accordance with the principle of technological neutrality.

3. Authorization of activity is not required if electronic communication networks and means are used:

a) for organizing special electronic communication networks;

b) for organizing a departmental electronic communication network of an enterprise, institution or organization, which is created for a non-commercial purpose, to ensure intra-communication connection of the enterprise, institution or organization.

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Article 15. Body carrying out authorization of activity in the field of electronic communications🔗

Authorization of activity in the field of electronic communications shall be carried out by the Commission, which, in accordance with the procedure established by this Law:

a) carries out authorization of persons carrying out activity in the field of electronic communications and maintains the departmental register of authorized persons;

b) controls the fulfilment by authorized persons of the legislation of Georgia in the field of electronic communications, including the resolutions and decisions of the Commission.

Article 16. Authorization Declaration🔗

1. A person wishing to be authorized to provide electronic communication networks and means and/or to provide services by electronic communication networks and means shall apply to the Commission with a declaration, the form of which shall be approved by the Commission.

2. The declaration shall indicate:

a) for an individual entrepreneur – place and date of birth, data on registration in the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, address of the workplace;

b) for a legal entity – data on registration in the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, name and surname of the person with representative authority;

b¹) for a Legal Entity of Public Law − name, legal address, identification code, name and surname of the representative (person with representative authority);

c) the types of activity and/or service for which the individual entrepreneur or legal entity requests authorization;

d) a brief description of the network and/or service.

3. In the case of an application by a person defined by subparagraph "a" or "b" of paragraph 2 of this Article, the authorization declaration shall be accompanied by an extract from the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, as well as a copy of the charter of the legal entity, a copy of the relevant identification document of the natural person, and in the case of an application by a person defined by subparagraph "b1" of paragraph 2 of this Article − a copy of the statute of the Legal Entity of Public Law, in the case of a Legal Entity of Public Law within the governance sphere of the Ministry of Finance of Georgia − a registration document in the Revenue Service indicating the relevant identification code, as well as a document confirming the representative authority of the representative.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 3 November 2009 No. 1968 - LHG I, No. 35, 19.11.2009, Art. 257

Law of Georgia of 12 June 2020 No. 6305 – website, 26.06.2020

Law of Georgia of 2 August 2021 No. 893 – website, 04.08.2021

Article 17. Departmental Register of Authorized Persons🔗

1. The Commission shall maintain a departmental register of authorized persons, in which the data of the declaration shall be entered.

2. Any person shall have the right to access the data contained in the departmental register of authorized persons.

Article 18. Unified authorization rule🔗

1. The Commission shall carry out:

a) authorization of provision by electronic communication networks and means;

b) authorization of provision of services by electronic communication networks and means.

2. Within 10 working days from receipt of the declaration, the Commission shall carry out authorization of provision by electronic communication networks and means and/or authorization of provision of services by electronic communication networks and means by registration in the departmental register of authorized persons.

3. If the documents attached to the declaration are submitted incompletely, the Commission shall, by a decision, set for the person wishing to be authorized a 5-day period for the complete submission of the documentation. If the documentation is not submitted within this period, authorization shall not be carried out. Failure to carry out authorization does not deprive the person of the right to apply again to the Commission for authorization. If, within 5 working days from receipt of the declaration, the Commission does not set for the person wishing to be authorized a period for the complete submission of the documentation, the person shall be considered authorized.

4. An extract from the departmental register of authorized persons shall be issued to authorized persons within 3 working days.

5. If an authorized person ceases provision by electronic communication networks and means and/or provision of services by electronic communication networks and means, or intends to modify its activity, it shall be obliged to notify the Commission thereof within 7 working days. Information on the termination of authorization, as well as data on the modification of the authorized activity, shall be entered in the departmental register of authorized persons.

6. Authorization of activity in the field of electronic communications shall be carried out for an indefinite period.

7. A person shall have the right to commence activity from the day of entry in the departmental register of authorized persons.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Article 19. General rights and obligations of authorised persons🔗

1. An authorised person is entitled to:

a) demand from the operator of a public electronic communications network the provision of access to and/or interconnection with the relevant elements of its network;

b) in the course of its activities, use scarce resources in the manner prescribed by this Law and set tariffs for access to its own network elements and for electronic communications services;

c) transfer, in whole or in part, to other persons the rights and obligations arising from a licence to use the radio frequency spectrum, in the manner prescribed by this Law;

d) (removed - 28.12.2005, No. 2564);

e) challenge a legal act of the Commission in court.

2. An authorised person is obliged to:

a) provide to the Commission, in full and within the required time limit, the requested information about its activities relating to the performance of the tasks and functions defined by this Law and by the Commission's normative acts, including financial and economic documentation, notwithstanding its confidentiality, as well as documentation confirming compliance with the requirements established by the legislation of Georgia on copyright and related rights. The Commission shall maintain the confidentiality of the provided information that is considered a commercial secret or personal data in accordance with the General Administrative Code of Georgia and the Law of Georgia on Personal Data Protection. Generalised information on the service market, as well as data on the number of subscribers, traffic, revenues received and expenses incurred, may not be confidential. The provision of incorrect or incomplete information by an authorised person shall be considered as failure to provide information;

b) comply with the legislation of Georgia in the field of electronic communications, including resolutions of the Government of Georgia, as well as resolutions and decisions of the Commission;

c) notify the Commission, within 7 working days, of the modification of its activities and/or services, as well as of a change in the holders of a share or shares, and the Commission shall enter this information into the departmental register of authorised persons;

d) upon request, ensure unrestricted access of an interested authorised person to the relevant free elements of its network, their functional resources and capacities;

e) maintain network integration and security;

f) not allow unsanctioned use of electronic communications networks and means;

g) ensure compliance with the norms defined by legislation relating to the quality of service;

h) ensure unrestricted accessibility of the allocated numbering resource for all end users, in compliance with the conditions established by this Law;

i) ensure compliance with the rules of user safety when using electronic communications networks and means;

j) ensure electromagnetic compatibility and protection against interference and harmful effects when using the radio frequency spectrum;

k) pay the regulation fee, in the cases provided for by this Law − the fee for the use of an exhaustible resource and the licence fee;

l) in the event of a change of the data provided for by subparagraphs „a“ and „b“ of paragraph 2 of Article 16 of this Law, notify the Commission in writing thereof and, within 7 working days from the registration of the changes, submit the relevant documents;

m) ensure subscriber number portability (translation) using the central database system of subscriber number portability and at its own expense, in accordance with the regulation on subscriber number portability approved by the Commission;

n) perform the obligations imposed on it as an electronic communications service provider by a normative act of the Government of Georgia.

2¹. In addition to the performance of the obligations provided for by paragraph 2 of this Article:

a) an electronic communications company shall be obliged, in order to ensure the stationary technical capability for real-time communication interception by the authorised body and the copying of electronic communications identification databases:

a.a) in the event of a request by the authorised body, have the stationary technical capability for real-time communication provision, which may include the possession and periodic updating of stationary equipment with the appropriate licence and support issued by the manufacturer, a lawful interception management system with the appropriate licence issued by the manufacturer, and the relevant hardware and software means, as well as ensure their security and proper functioning;

a.b) when the authorised body exercises the power provided for by subparagraph „a“ of paragraph 1 of Article 8¹ of this Law, assist its representatives and ensure their unimpeded access to the relevant components of the infrastructure, as well as ensure the free placement/installation of the relevant equipment, its security and the creation of the conditions necessary for its proper functioning;

a.c) notify the authorised body in writing, within a reasonable time in advance, of the planned technical works that may affect the stationary technical capability for real-time communication interception;

a.d) in the event of a request by the authorised body, ensure the obtaining of the right of access to state secrets;

a.e) when the authorised body carries out the copying of electronic communications identification databases, assist its representatives and technically ensure the storage of the electronic communications identifying data for the period and in the manner necessary for the implementation by the authorised person of the technical process of their copying;

b) An electronic communications company shall be obliged, in order to ensure a semi-stationary technical capability for real-time interception of communication by an authorised body, to fulfil the obligations provided for by subparagraphs "a.b"–"a.d" of this paragraph, and also to ensure unhindered access of representatives of the authorised body to the relevant equipment at any time of day or night for conducting covert investigative actions and implementing electronic surveillance measures;

c) In order to have the capability of real-time geolocation determination by an authorised body, an electronic communications company that provides and/or services through mobile communication networks and means shall be obliged to:

c.a) have stationary equipment with the appropriate licence and support issued by the manufacturer and ensure its periodic updating;

c.b) when the authorised body exercises the authority provided for by paragraph 1 of Article 8⁴ of this Law, assist its representatives and ensure their unhindered access to the relevant components of the infrastructure, and also ensure the free placement/installation of the appropriate equipment, its security and the creation of the conditions necessary for its proper functioning;

d) An electronic communications company that provides and/or services through mobile communication networks and means shall be obliged, in order to search for mobile communication equipment seized as a result of the possible commission of a crime or otherwise removed from lawful possession, to have the technical capability of recording the fact of activation of mobile communication equipment and the technical capability of restricting (blocking) the functioning of mobile communication equipment, and at the same time ensure their inclusion in the unified system for searching mobile communication equipment;

d¹) In the case provided for by subparagraph "d" of this paragraph, the electronic communications company shall be obliged, within the framework of the ongoing investigation, to notify the relevant investigative body of the recording of the fact of activation of mobile communication equipment seized as a result of the possible commission of a crime and, if necessary, of the restriction (blocking) of the functioning of the mobile communication equipment, and also, in the manner established by Article 136 of the Criminal Procedure Code of Georgia, to provide the relevant body with information about the telephone number and its owner, the time and location of the recording of the fact of activation of the mobile communication equipment. Where the investigator and the prosecutor submit the relevant request in the form of an electronic document, in order to confirm the integrity and authenticity of the origin of the electronic document, it is sufficient to affix a qualified electronic stamp to it;

d²) In the case provided for by subparagraph „d“ of this paragraph, if there is a statement by the owner of mobile communication equipment on the provision to the police of information on the recording of the fact of its activation for the purpose of tracing mobile communication equipment that has left lawful possession otherwise than through the possible commission of a crime, the electronic communications company shall be obliged to notify the police of the recording of the fact of activation of this mobile communication equipment, the telephone number and its owner, and the time and location of the recording of the fact of activation of the said mobile communication equipment. The information provided for by this subparagraph shall be provided to the police if the applicant's written consent exists. The applicant shall be obliged to confirm his/her ownership right over the lost mobile communication equipment;

d³) In the case provided for by subparagraph „d“ of this paragraph, if, in accordance with the Law of Georgia on Police, there is a request by the police for the provision of information on the recording of the fact of activation of mobile communication equipment that has left lawful possession otherwise than through the possible commission of a crime, for the purpose of tracing it, and, where necessary, for the provision of information on the restriction (blocking) of its functioning, the electronic communications company shall be obliged to notify the police of the recording of the fact of activation of this mobile communication equipment, the restriction (blocking) of its functioning, the telephone number and its owner, and the time and location of the recording of the fact of activation of the said mobile communication equipment. Where the request provided for by this subparagraph is submitted by the police in the form of an electronic document, the affixing of a qualified electronic stamp thereto shall be sufficient to confirm the integrity and the authenticity of the origin of the electronic document;

e) The electronic communications company shall be obliged, 14 days before the commencement of the activity defined by the authorisation, to ensure the compliance of the technical capabilities for obtaining electronic communication and its identifiable data in real time, of copying the databases identifying electronic communication, and of the technical characteristics of the information-technology and telecommunications infrastructure of the electronic communications company with the requirements established by the legislation of Georgia, and to provide this information to the Commission, while a person authorised to provide and/or service mobile communication networks and means shall also ensure the compliance of the technical capability for determining geolocation in real time and for recording the fact of activation of mobile communication equipment, and of the technical capability for restricting (blocking) its functioning, with the requirements established by the legislation of Georgia, and the provision of this information to the Commission;

f) an electronic communications company which provides and/or renders services by mobile communication networks and means shall, in an emergency situation, at the request of the Emergency Management Service — a state sub-agency institution within the area of governance of the Ministry of Internal Affairs of Georgia — ensure the transmission to citizens of Georgia and to other persons located on the territory of Georgia of notification and other information about an emergency situation, in accordance with the Resolution of the Government of Georgia "On Approving the Regulation of the Incident/Notification System for an Anticipated or Emerging Emergency Situation" and other normative acts in force in the field of electronic communications.

3. An operator of an electronic communications network which, in the local service zone, using the subscriber numbering resource, renders services to end users, shall ensure, at cost-oriented tariffs for the relevant elements of its own network, with unrestricted and non-discriminatory access, the direct or indirect provision of interconnection to other interested operators or to persons owning an electronic communications departmental network. Termination of an existing interconnection between electronic communications network operators shall be inadmissible. In the event of non-fulfilment by an interconnected electronic communications network operator of the terms of an existing interconnection contract, the other party to the contract shall be entitled, in order to ensure the fulfilment of those terms, to suspend the existing interconnection only with the consent of the Commission and for the period and on the terms determined by it.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5561 - website, 28.12.2011

Law of Georgia of 20 December 2011 No. 5546 – website, 30.12.2011

Law of Georgia of 25 May 2012 No. 6328 – website, 12.06.2012

Law of Georgia of 22 March 2017 No. 480 - website, 27.03.2017

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018

Law of Georgia of 27 June 2018 No. 2623 – website, 06.06.2018

Law of Georgia of 22 December 2018 No. 4086 – website, 28.12.2018

Law of Georgia of 24 May 2022 No. 1577 – website, 06.06.2022

Article 19¹. Suspension and revocation of authorization🔗

1. The Commission is entitled to suspend authorization:

a) on the basis of a request of the authorized person, for the period indicated by it;

b) on its own initiative, if the authorized person, for more than one year, cumulatively:

b.a) does not carry out the authorized activity;

b.b) does not submit to the Commission calculations of the regulation fee or submits a zero calculation;

b.c) does not pay the regulation fee;

c) on its own initiative, if the authorized person violates the requirements of the legislation of Georgia and, in respect of it, a written warning and a fine have already been applied as a sanction for that violation.

2. Suspension of authorization means prohibition of the authorized activity until its renewal.

3. Authorization shall be suspended:

a) for the period indicated by the authorized person;

b) until the submission to the Commission of information on the renewal of the authorized activity;

c) until the elimination of the violation.

4. In the cases provided for by subparagraphs „b“ and „c“ of paragraph 1 of this article, when suspending authorization, the decision on the suspension of authorization shall, within 7 days of its adoption, be communicated in writing to the authorized person, indicating the motive and the basis.

5. In the cases provided for by subparagraphs „a“ and „b“ of paragraph 1 of this article, when suspending authorization, the renewal of activity by the authorized person shall take place from the moment of its entry by the Commission in the departmental register of authorized persons. In the cases provided for by this paragraph, the Commission shall enter the authorized person in the departmental register of authorized persons within 3 working days of receipt of the relevant notification.

6. In the case provided for by subparagraph „c“ of paragraph 1 of this article, when suspending authorization, the renewal of activity by the authorized person shall take place from the moment of its entry by the Commission in the departmental register of authorized persons within 7 days of the confirmation by the authorized person of the elimination of the violation.

7. Authorization shall be revoked:

a) on the basis of an application of the authorized person. In this case, the authorized person must have fulfilled all legal obligations before the Commission;

b) upon the death or liquidation of the authorized person.

8. Revocation of authorization does not prevent a person from undergoing authorization anew in accordance with the procedure established by law.

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011.

Law of Georgia of 12 June 2015 No. 3693 - website, 15.06.2015.

Article 20. Objectives of competition regulation and tasks of the Commission🔗

1. The objectives of competition regulation in the field of electronic communications are:

a) ensuring equality of rights in the activities of authorised persons and encouraging effective competition;

b) encouraging investments in electronic communications networks and means and promoting technological innovation;

c) preventing excessive concentration of market power in the hands of several authorised persons;

d) ensuring a transparent structure for managing risks related to regulatory decisions concerning the activities of authorised persons;

e) the existence of a transparent, objective and effective regulatory regime during the activities, merger and acquisition of a share of authorised persons having significant market power in the relevant segments of the services market.

2. The tasks of the Commission are:

a) establishing conditions conducive to effective competition in the field of electronic communications;

b) prohibition of discrimination against authorised persons and their equality of rights; at the request of interested authorised persons, non-discriminatory access by the electronic communications network operator to the relevant elements of its own network, their free functional resources and capacities, and/or interconnection;

c) prohibition of discrimination against end users in the provision of electronic communications services, protection of their rights, prohibition of subsidisation of the types of services provided, equal access to public electronic communications networks and electronic communications services;

d) monitoring and control of the fulfilment by authorised persons having significant market power of those specific obligations that may be imposed on them to ensure effective competition;

e) ensuring the establishment of a transparent, equal and competitive environment in the use of scarce resources.

3. In achieving the objectives of competition regulation and performing its own tasks, the Commission is guided by this Law and the Law of Georgia on Competition.

Law of Georgia No. 7131 of 16 September 2020 – website, 21.09.2020.

Article 21. Principles of ex-ante regulation of competition, research and analysis of the service market🔗

1. Ex-ante regulation of competition in the field of electronic communications shall be carried out by the Commission in accordance with the relevant and closely related segments of the service market determined by the Commission and the relevant geographic boundaries of the market.

2. The relevant segments of the service market, according to the criteria determining the types of electronic communication services and geographic boundaries, shall be determined by the Commission for the purposes of ex-ante regulation of competition.

3. The research and analysis of the service market, which are carried out in the field of electronic communications for the purpose of identifying authorized persons with significant market power in the relevant market segment, shall be conducted by the Commission on the basis of the methodology and procedures for determining the competitiveness of the market and authorized persons with significant market power, which are approved by a Resolution of the Commission.

4. Ensuring the regulation of activity in the field of electronic communications, ensuring competition in the relevant segments of the service market, and identifying authorized persons with significant market power in these segments in accordance with primary and secondary criteria shall be carried out taking into account the principles of objectivity, technological neutrality, functional equivalence (uniform application of functional criteria), minimum necessary regulation, imposition of proportionately commensurate specific obligations, promotion of effective competition, transparency and non-discrimination.

5. When adopting decisions on conducting research and analysis of the service market, establishing authorized persons as having significant market power, as well as imposing specific obligations on authorized persons with significant market power, the Commission shall take into account the terms of international treaties and agreements concluded by Georgia, including the General Agreement of the World Trade Organization on Trade in Services.

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Article 22. Stages of research and analysis of the service market, general provisions for determining an authorised person with significant market power🔗

1. Research and analysis of the service market includes the following stages:

a) determination of the relevant and closely related segments of the service market and of the relevant geographic boundaries of the market;

b) conducting an analysis of the competitiveness of the relevant segments of the service market;

c) determination of authorised persons with significant market power in the relevant segment of the service market;

d) taking into account primary and secondary criteria, establishment of authorised persons with significant market power in the relevant and closely related segments of the service market and imposition on them, under specific conditions, of the specific obligations defined by Chapter V of this Law.

2. The procedures for the analysis of the service market, as well as other procedures described in this Chapter, are conducted in accordance with the rules of public administrative proceedings.

3. When determining the relevant segments of the service market, the Commission takes into account those objective criteria which uniformly determine the relevant and closely related segments of the service market.

4. When conducting the analysis of the competitiveness of the relevant segments of the service market, the Commission takes into account the following analytical factors:

a) the conjuncture established in the relevant and closely related segments of the service market, the level of concentration and the relative market shares held by authorised persons;

b) the characteristics of demand and supply for types of services in the relevant segment of the service market (elasticity, growth of demand, etc.), as well as the conditions for substitution on the demand and supply sides;

c) the levels of tariffs established for potentially non-competitive services and mutually substitutable types of services and their historical variability;

d) the financial-economic indicators of authorised persons in the relevant segment of the service market, the degree of their interdependence and the possibilities for persons wishing to obtain authorisation to commence activity in this segment, the infrastructural and dynamic factors hindering entry into the market, and the relevant investment risks;

e) the degree and nature of vertical integration of electronic communications network operators operating in the relevant segment of the service market;

f) (removed - 28.12.2005, No. 2564);

g) other related characteristics determined by a Resolution of the Commission.

5. The Commission adopts a decision on the commencement of research and analysis of the service market:

a) on the basis of a request of an authorised person which substantiates the non-competitiveness of the relevant segment of the service market and the need to commence its research and analysis, and the Commission agrees with this substantiation;

b) at the request of state bodies which substantiate the need to commence research and analysis of the relevant segment of the service market, and the Commission agrees with this substantiation;

c) on its own initiative.

6. The Commission is entitled to decide at its discretion on conducting research and analysis of both the entire service market and its individual segments.

7. Competition in the relevant segment of the service market is effective if no authorised person with significant market power operates in that segment. Competition in the relevant segment of the market is not effective if one or several authorised persons operating in that segment have joint significant market power. If an authorised person has significant market power in the relevant segment of the market, it also has significant market power in a closely related segment of the market.

8. When conducting research and analysis of the competitiveness of the relevant segment of the service market, the main criterion for determining a person as having significant market power is the relative market share held by an authorised person or a group of interconnected persons in that segment of the market. The relative market share held by an authorised person in the relevant segment of the market shall be determined taking into account the percentage indicators of the revenues received by it, the number of end users or subscribers, or the total volume of services supplied (traffic) in a certain period, as well as the loaded and free capacities or reserves of functional resources of the relevant elements of the network in its ownership or possession. Taking into account the characteristics of the relevant segment of the market, the Commission, in each specific case, proceeding from the principle of objectivity, shall decide on measuring the share held by the authorised person in the relevant segment of the market and on applying the appropriate main criterion.

9. If, as a result of conducting research and analysis of the relevant segment of the service market, the Commission establishes that one or several authorised persons have joint significant market power, it shall, proceeding from the nature of the significant market power, determine the specific obligations imposed on the said persons in accordance with Chapter V of this Law.

10. In accordance with the main criterion for establishing significant market power in the relevant segment of the service market, an authorised person shall be determined as having significant market power if it holds not less than 40 per cent of the market share in the relevant segment of the market.

11. Several authorised persons shall be considered as having joint significant market power if, in the relevant segment of the service market:

a) the combined market share of two authorised persons reaches at least 60 per cent, and at the same time, the market share of each of them must be not less than 25 per cent;

b) the combined market share of three authorised persons reaches at least 80 per cent, and at the same time, the market share of each of them must be not less than 15 per cent.

12. When determining an authorised person having significant market power in the relevant segment of the services market and when imposing specific obligations on it, in addition to the main criterion, secondary criteria shall be applied which objectively determine the possibilities of restricting competition and carrying out non-competitive actions in the relevant segment of the market by authorised persons having significant market power in accordance with the main criteria. The secondary criteria shall be determined by the Commission taking into account analytical factors.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18 January 2006, Art. 34

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14 July 2008, Art. 89

Article 23. Abuse of significant market power🔗

1. An authorised person having significant market power in the relevant segment of the services market shall not abuse its significant market power.

2. Abuse of significant market power means failure by an authorised person to fulfil the specific obligations defined by Chapter V of this Law and imposed on it by a decision of the Commission.

Article 24. Publication of information related to the analysis of the services market🔗

Decisions of the Commission adopted on the basis of the pre-regulation of competition and the analysis of the services market defined by this Chapter, except for parts containing personal data, State or commercial secrets, shall be published on the Commission's website. The following information shall also be published publicly:

a) the list of relevant segments of the services market, indicating the criteria determining geographical boundaries and economic indicators;

b) the list of authorised persons which have significant market power in the relevant and closely related segments of the services market;

c) the specific obligations imposed on an authorised person having significant market power and the specific conditions of these obligations;

d) the description of the main or secondary criteria according to which the authorised person was determined to have significant market power.

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14 July 2008, Art. 89

Law of Georgia of 25 May 2012 No. 6328 – website, 12 June 2012

Article 25. Regulation of merger with an authorised person, acquisition of a share, stocks and operating asset of an authorised person🔗

1. The Commission, in addition to the concentration provided for by Article 11 of the Law of Georgia “on Competition”, shall examine, in accordance with the procedure established by Articles 26 and 27 of this Law, the transaction by which occurs:

a) acquisition of the operating asset of an authorised person;

b) merger of two or more persons, one of which is an authorised person, as a result of merger;

c) acquisition of a share or stocks of an authorised person, as a result of which, in the aggregate, 5 per cent or more than 5 per cent of the share or stocks of the authorised person is found to be in the possession of the acquiring person and/or in the possession of mutually dependent (affiliated) persons.

2. Articles 26 and 27 of this Law shall not apply in the case of acquisition of a share or stocks of authorised persons, if the acquiring person or mutually dependent (affiliated) persons jointly acquire up to 5 per cent of the share or stocks of an authorised person.

Law of Georgia of 8 April 2011 No. 4526 – website, 2 May 2011.

Law of Georgia of 16 September 2020 No. 7131 – website, 21 September 2020.

Article 26. Notification obligation and request of information🔗

1. The Commission shall be notified of the intention to merge or to acquire a share, stocks or operating asset before the merger or acquisition is carried out.

2. The notification obligation shall be borne by the authorised person participating in the merger or whose share, stocks or operating asset is being acquired.

3. The notification shall indicate the form of the merger or acquisition. The notification shall also contain the following information about each authorised person participating in the merger or acquisition and its interdependent (affiliated) person:

a) corporate name, type of activity and registration data;

b) revenues in Georgia and from services rendered to foreign country operators;

c) (removed - 01.08.2014, No. 2632);

d) in the case of acquisition of a share, stocks or operating asset of another authorised person − the volume of the acquired share and of the total share held in the relevant segments of the services market;

e) information about the holders of the share or stocks, about the relationship between the authorised person and its interdependent (affiliated) person, which shall include data on the possibility of exercising control between them and on shareholding participation.

4. The notification shall not contain incorrect or incomplete information.

5. The Commission verifies the data specified in the notification of the authorised person on the merger or acquisition of a share, stocks or operating asset, indicated in paragraph 3 of this Article. If the notification of the authorised person does not contain the document or information required by paragraph 3 of this Article, the Commission shall determine an additional period for submitting the document or information, which shall not exceed 15 working days.

6. In the case of merger of authorised persons or their acquisition of a share, stocks or operating asset, in order to assess a possible restriction of competition, the Commission is entitled to additionally request from the authorised persons information on the activities carried out by them in the relevant segments of the services market and on their future plans, as well as additional information on the holders of the share or stocks, registration data and other.

7. The Commission is entitled, after receiving a complete notification of the authorised person on the merger or acquisition, to exercise the powers defined by Article 27 of this Law.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 1 August 2014 No. 2632 - website, 12.08.2014

Article 27. Examination and subsequent regulation of a merger or of the acquisition of a share, stocks or an operating asset🔗

1. The Commission shall be entitled, within 15 days of receipt of a complete notification by an authorised person on a merger or acquisition, to grant consent to the merger or acquisition or, in order to determine the possible impact on competition in the relevant market segment, to adopt a decision on the initiation of administrative proceedings for the examination of the merger or acquisition. The term of the administrative proceedings shall not exceed 3 months.

2. Examination of a merger or acquisition is necessary where the following circumstances exist:

a) if after the merger or acquisition, in the relevant segments of the retail market and of the closely related wholesale market, structures of vertically and horizontally integrated economic agents are formed which, by means of exercising mutual control, will be able to obtain significant market advantages in these segments, to create barriers to entry and to significantly restrict competition;

b) if one or several economic agents participating in the merger or acquisition is a vertically integrated authorised person holding a significant market advantage in both the retail market and the closely related wholesale market segments;

c) if the initiating economic agent participating in the merger or acquisition holds a significant market advantage in a segment of the retail (wholesale) services market and the intended merger is with the economic agent, or the acquisition of a significant share, stocks or operating asset is from the economic agent, which holds a significant market advantage in the closely related wholesale (retail) market segment in an upstream (downstream) direction.

3. Prior to the initiation of administrative proceedings for the examination of a merger or acquisition in order to determine the possible impact on competition in the relevant market segment, the notification on the merger or acquisition submitted to the Commission and the documentation attached thereto shall be confidential.

4. The Commission shall be entitled, in the case of granting consent, to require the authorised person formed as a result of the merger or the authorised person acquiring the operating asset to carry out, in its subsequent activities, such actions as ensure the maintenance of competition in the relevant segments of the services market.

5. The Commission shall be entitled, by a reasoned decision, to require the adjustment of the terms of the merger or acquisition, or to prohibit the merger or the acquisition of a share, stocks or operating asset of an authorised person altogether, if it considers that the merger or acquisition will cause a significant distortion of competition in the relevant segments of the services market.

6. In the event of a significant restriction of competition in the relevant segment of the services market by a person with significant market power formed as a result of a merger or acquisition carried out with the consent of the Commission, the Commission shall be entitled to require the authorised person formed as a result of the merger, the authorised person acquiring the operating assets, or the authorised person whose share or stocks were acquired, to implement functional separation (separation of functionally separated structural units into a separate legal entity/entities).

7. The parties participating in a merger or acquisition shall be entitled, at any stage of the merger or acquisition, to submit to the Commission their own proposals in order to prevent a significant restriction of competition in the relevant segments of the services market.

Law of Georgia of 8 April 2011 No. 4526 – website, 02.05.2011.

Article 28. Powers of the Commission to ensure competition🔗

1. If the Commission establishes that the activity of an authorised person is inconsistent with the conditions ensuring competition in the field of electronic communications, as defined by this Law, or the failure to fulfil one or more obligations imposed on it as an authorised person having significant market power in the relevant segment of the services market, or the failure to fulfil one or more obligations imposed on it in the course of a merger or acquisition of a share, the Commission shall be entitled to apply the sanctions established by Chapter VII of this Law.

2. The Commission shall be entitled to impose on or prohibit the performance of a certain action to an authorised person that abuses significant market power, and, in the event of failure to comply with the relevant decisions of the Commission, to apply the sanctions established by Chapter VII of this Law.

3. If an authorised person having significant market power fails to fulfil the obligations imposed on it, which directly poses a threat to public safety and human health, or which may cause significant economic or operational problems to other providers or to users of electronic communication services, the Commission shall be entitled, in accordance with the General Administrative Code of Georgia, to ensure enforcement through the use of direct coercion.

4. The burden of proving the circumstances that objectively determine the nature and causes of the failure to fulfil the specific obligations imposed on the authorised person shall lie with the authorised person. In the event of the submission of objectively substantiated evidence, the Commission shall be entitled, taking into account the nature of the failure to fulfil the specific obligations imposed on the authorised person, to make amendments to the terms of those obligations.

5. The making of the amendments defined by paragraph 4 of this Article to the specific obligations imposed by the Commission shall not release the authorised person from liability for the failure to fulfil the specific obligations.

6. The Commission may select only those objective measures which ensure the promptest and least costly elimination of the identified infringement and do not cause damage to users and the relevant authorised person.

Article 29. Specific obligations of an authorized person with significant market power🔗

1. The Commission is entitled to impose, by decision, on an authorized person with significant market power in the relevant segment of the services market one or more of the following specific obligations listed below:

a) the obligation to ensure transparency of information;

b) the obligation of non-discrimination;

c) the obligation to keep separate accounts of costs and revenues in accordance with the methodological rules approved by the Commission;

d) the obligation of access to the relevant elements of the electronic communications network;

e) the obligation of tariff regulation and cost accounting.

2. The performance of the specific obligations defined by paragraph 1 of this Article does not exclude the performance by the authorized person of other obligations defined by the legislation of Georgia.

Article 30. Imposition of specific obligations🔗

1. Specific obligations shall be imposed only on an authorized person with significant market power in the relevant segment of the services market.

2. The date of entry into force of specific obligations shall be determined by a decision of the Commission; if the Commission has not determined this date, the authorized person shall begin performing the obligations imposed by the Commission's decision from the moment of adoption of the decision.

3. The Commission is entitled to specify the specific obligations defined by this Law and the conditions for their performance, as well as, based on the results of research and analysis of the services market, to make amendments and additions to the conditions of the specific obligations.

4. The specific obligations imposed by the Commission on an authorized person shall correspond to the nature of the market power of the authorized person in the relevant segment of the services market and its abuse, and shall be proportionate and objectively justified.

5. If, as a result of conducting research and analysis of the services market, it is established that no authorized person with significant market power exists in the relevant segment of the market, the specific obligations shall be terminated and the relevant segment of the market shall be considered competitive.

Article 31. Obligation to ensure transparency of information🔗

1. An authorized person with significant market power shall ensure the transparency of information related to the provision of access to and interconnection with the relevant elements of its own network and shall publicly publish:

a) financial reporting documentation reflecting its activities;

b) a description of the relevant network elements, technical means, functional resources and interfaces, as well as information on available capacities;

c) the technical characteristics of the network, including a description of the interfaces used, co-location areas and interconnection points;

d) the terms and conditions for the provision of access to and interconnection with the relevant network elements, their functional resources and available capacities, taking into account the requirements of interested authorized persons in the relevant segment of the services market;

e) tariffs for access and interconnection, and settlement terms.

2. An authorized person shall publish a proposal for an offer of access to and interconnection with the relevant elements of its own network (invitation to offer), which shall contain detailed information on: the operator's network elements, their functional resources and available capacities, as well as access and interconnection tariffs, so that an interested authorized person is not required to pay an additional fee for those network elements, technical means or functional resources that it has not requested.

3. The Commission is entitled, for the purpose of ensuring transparency of information, to determine what essential data the information referred to in paragraph 1 of this Article and the proposal for an offer of access and interconnection (invitation to offer) of an authorized person with significant market power must contain, as well as, for the purpose of ensuring compliance with the established conditions, to require the making of amendments or additions to the operator's publicly published invitation to offer.

4. In the event that the Commission imposes on an authorized person the obligation of unrestricted access to the local access network, the local service operator shall ensure the publication of a proposal for an offer of access and interconnection (invitation to offer), which shall include the terms of access to the local access network, including joint access and other essential conditions established by the Commission.

5. Information that is essentially related to the establishment of a competitive environment in the relevant segment of the services market, to ensuring the non-discriminatory, free choice of a person seeking access, and that facilitates that person's making of decisions on the selection of electronic communications service conditions, is not a commercial secret of the access-providing operator.

Article 32. Obligation of prohibition of discrimination🔗

1. An electronic communications network operator with significant market power, when offering access to the relevant elements of the network, technical means, its free functional resources and capacities, under conditions of substantially similar circumstances and equivalent requirements, shall be obliged to ensure the provision of the requested electronic communications service and related information to the wishing authorised person in a non-discriminatory (unrestricted) manner, within the same time limits and on the same conditions.

2. The establishment of non-discriminatory conditions by an electronic communications network operator includes the uniform conditions of service, including: accessibility of the service, quality, tariffs, transparency of other essential information related to the provision of the service, as well as ensuring interoperability.

3. The wishing authorised person is entitled to request non-discriminatory access to the relevant elements of the network on conditions that are no less favourable than in cases of substantially similar relations, for the structural subdivision of the operator providing access, affiliated and other authorised persons.

4. An electronic communications network operator is entitled to offer the wishing authorised person the provision of access and interconnection on better conditions than those set out in its offer of access and interconnection (invitation to offer). When offering better conditions, in order to prevent discrimination, the operator shall be obliged, within 30 days from the conclusion of the contract, to make an amendment to the relevant conditions of its invitation to offer.

5. In the event of successful implementation of access on conditions different from the offer of access and interconnection of the wishing authorised person (invitation to offer), the electronic communications network operator shall be obliged to make the relevant amendments or additions to its invitation to offer, and to publish the said conditions of access to the relevant elements of the network, their free functional resources and capacities.

6. (Removed – 28.12.2005, No. 2564).

Law of Georgia of 28 December 2005 No. 2564 – LHG I, No. 4, 18.01.2006, Art. 34

Article 33. Obligation to keep separate accounts of costs and revenues🔗

1. An authorised person with significant market power shall be obliged not to allow anti-competitive actions, including the subsidisation of tariff benefits for any group of consumers at the expense of other authorised persons or groups of consumers.

2. An electronic communications network operator shall be obliged, in accordance with the methodological rules approved by the Commission, to keep separate, objective and transparent accounts and allocation of costs and revenues related to the provision of access to and/or interconnection with the relevant network elements, by network elements, operational activities and types of electronic communications services.

3. For the purpose of ensuring the fulfilment of the specific obligations of separate accounting and allocation of costs and revenues, ensuring transparency of information and prohibiting discrimination, the Commission shall be entitled to require an authorised person to submit accounting and financial information, including information on the allocation of costs and revenues received from other authorised persons. The Commission shall be entitled, in accordance with paragraph 5 of Article 31 of this Law and the General Administrative Code of Georgia and the Law of Georgia “On Personal Data Protection” on the protection of commercial secrets or personal data, by its decision to make public the information submitted by the authorised person in full or in the part which effectively ensures the promotion of competition in the relevant segment of the service market.

4. A vertically integrated electronic communications network operator, or electronic communications network operators with joint significant market power, when providing electronic communications services to authorised persons wishing to receive them, for the purpose of prohibiting discrimination, shall be obliged to ensure transparency of access to the relevant free elements of the electronic communications network, as well as of transfer tariffs between wholesale and internal production structural units offered on the service market.

Law of Georgia of 25 May 2012 No. 6328 – website, 12.06.2012.

Article 34. Obligation to provide access to relevant elements of the electronic communications network🔗

1. An authorized person with significant market power that owns an electronic communications network shall ensure unrestricted, transparent and non-discriminatory access of another authorized person to the relevant elements of its network, technical means, and types of electronic communications services.

2. For the purpose of proper performance of the obligation to provide access to the relevant elements of the network, an electronic communications network operator with significant market power shall ensure the functional and technical characteristics of the relevant elements of its own network at the level of technical standards established by legislation.

3. For the purpose of proper performance of the obligation to provide access to the relevant elements of the network and interconnection, an electronic communications network operator with significant market power that provides services to end users in the local service area using subscriber numbering resource shall ensure the functional and technical characteristics of the relevant elements of its own network, and the provision of sufficient co-location areas and operational capacities at interconnection points located in these areas.

4. An authorized person seeking access to the relevant elements of the network shall clearly reflect in its application the unconditional acceptance of the terms defined by the offer (invitation to offer) for access and interconnection of the operator with significant market power, and, in case it requests interconnection, the essential terms of access to the relevant elements of its own network and provision of interconnection.

5. The parties shall take all fair and reasonable measures to agree and conclude, within 30 days from the date of receipt of the application, a contract for access to the relevant elements of the networks and/or interconnection, and shall submit a copy thereof to the Commission within 3 working days from bilateral signing.

6. If the contract does not comply with the legislation of Georgia, or with the essential terms of the offer (invitation to offer) of the operator providing access and interconnection, and/or during the term of the contract the legislation has changed, the Commission is entitled to request review, amendment or cancellation of the terms of the contract.

7. For the purpose of promoting the further development of electronic communications networks, as well as the expansion of the types of services provided to users and the introduction of new communication technologies, the Commission is entitled, by a relevant decision, to require the electronic communications network operator to provide access to the relevant elements of the network and to their free functional resources and capacities, taking into account the conditions requested by the authorized person seeking access. When adopting the decision, the Commission shall take into account the following circumstances:

a) the level of development of the relevant segment of the services market;

b) the technical and economic capabilities of the operator providing access;

c) the availability of free functional resources and requested capacities of the network elements of the access-providing operator;

d) the volume of investments to be made by the electronic communications network operator and the corresponding investment risks;

e) the necessity of ensuring long-term competition in the relevant segment of the services market;

f) ensuring the protection of intellectual property rights.

8. By decision of the Commission, the electronic communications network operator shall be obliged to ensure the separation of the functional resources of the relevant elements of its own network, the use of which is reasonably requested by an interested authorised person, even where such separation has not previously been carried out by it.

9. The electronic communications network operator shall be entitled to refuse the separation of the functional resources of the relevant network elements if its implementation:

a) is technically or technologically impossible or will violate the integrity (integration) of the operator's network;

b) in conditions of insufficiency of the requested capacity of the network element, will restrict access and/or interconnection to other operators in accordance with effective contracts or the provision of electronic communications services to end users;

c) is not substantially related to the provision of the requested access and/or interconnection.

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Article 35. Obligation of tariff regulation and cost accounting🔗

1. An operator of an electronic communications network with significant market power shall provide access and/or interconnection of interested authorised persons to the relevant elements of its own network, their functional resources and free capacities, or the provision of types of electronic communications services, at a cost-oriented and non-discriminatory tariff.

2. The tariff set by an electronic communications network operator shall take into account the reimbursement of the costs incurred for the relevant elements of the network used for the service, for the provision of resources and capacities, the operator's right to receive a reasonable return on the investments made, and the long-term trend of the further development and expansion of the operator's communications networks.

3. When imposing the obligation of tariff regulation and cost accounting, the Commission is entitled to establish by its decision:

a) the substantiation of the cost-orientation of the tariff set by the authorised person and of its compliance with the requirements of the methodological rules established by the Commission;

b) the submission to the Commission by the authorised person of data certified by an independent auditor;

c) the change of competition-restricting tariffs established by authorised persons;

d) ceiling tariffs for access to the relevant elements of the network, their functional resources and free capacities and for the provision of electronic communications services.

4. The tariff set by the provider of access and electronic communications services, or, in the cases determined by legislation, the ceiling tariff established by the Commission, shall ensure long-term and effective competition in the field of electronic communications, economically affordable and quality service for end users, and shall not allow the establishment of unreasonably high tariffs or tariff pressure by operators in the relevant segments of the service market.

5. The Commission is entitled to establish methodological rules for cost accounting and separate allocation of costs by authorised persons, compliance with which is mandatory for authorised persons for the proper performance of the obligation of tariff regulation and cost accounting.

6. In the case of imposing the obligation of tariff regulation and cost accounting, the authorised person, in accordance with the conditions established by the Commission, creates a cost accounting system, publishes its description, submits it to the Commission and keeps cost accounting in accordance with this system.

Article 36. Commencement of the Hearing of a Dispute🔗

1. The Commission shall resolve disputes arising between authorised persons within the scope of the powers conferred upon it by the legislation of Georgia, and, for the purpose of resolving disputes arising before this Law entered into force, shall apply the normative acts that became invalid upon this Law's entry into force, except in cases where the parties wish to have their relations regulated by this Law.

2. An authorised person shall have the right to apply to the Commission for the purpose of hearing and resolving a dispute.

3. The parties shall commence proceedings before the Commission by submitting an appropriate application to the Commission, which shall indicate:

a) the surname, name of the applicant, the address of the place of residence or place of work, telephone number (if any), and, if the applicant is a legal entity – the data of the Register of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities or of the founding act, telephone number (if any);

b) the surname, name and address of the place of residence or place of work of the representative, telephone number (if any), if the application is submitted by a representative;

c) the name of the person against whom the application has been submitted;

d) the applicant's claim;

e) the factual circumstances on which the applicant bases his/her claim;

f) the evidence confirming these circumstances.

4. A document confirming the authority of the representative shall be attached to the application.

5. An application shall be accepted if its claim does not exceed the scope of the Commission's powers.

6. If the claim submitted by a person in the application is substantially related to a claim or circumstance in respect of which the Commission has adopted a decision ensuring competition and relating to ex-ante regulation, the dispute between the parties shall not be heard on the basis of the application. In this case, the Commission shall be entitled to initiate administrative proceedings regarding the abuse of significant market power by a person with significant market power, in accordance with Article 28 of this Law.

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 3 November 2009 No. 1968 - LHG I, No. 35, 19.11.2009, Art. 257

Article 37. Principles of dispute consideration🔗

1. The dispute shall be considered on the basis of the adversarial principle, at a session of the Commission. The parties shall enjoy equal rights and opportunities to substantiate their claims, to refute or rebut the claims, opinions or evidence presented by the other party. The parties themselves determine which factual circumstances should be the basis of their claims or which evidence should confirm them.

2. The adversarial principle defined by paragraph 1 of this article does not limit the Commission, in order to clarify the circumstances of the case, to collect factual circumstances and request evidence on its own initiative.

3. The Commission shall consider the dispute at an open session, except for the cases provided by the Law of Georgia "On State Secrets" and the General Administrative Code of Georgia.

4. The consideration of the dispute shall be conducted in the state language of Georgia.

Article 38. Preparatory session🔗

1. Within 10 working days from the registration of the application, the Commission shall schedule a preparatory session. The Commission is entitled to take a decision on the termination of the administrative proceedings for the consideration of the dispute, if it establishes that the subject matter of the dispute is not related to the exercise of the regulatory functions conferred on it by legislation, or on leaving the application without consideration, if the applicant does not submit additional information or a document within the established time limit.

2. The Commission shall notify the parties of the scheduling of the preparatory session, the day, time and place of its holding.

3. The parties shall submit their opinions and evidence related to the dispute to the Commission before the preparatory session or directly at the session.

4. A party is entitled, before the preparatory session or directly at the session, to submit to the Commission a counter-application (counterclaim) for consideration together with the main application. The submission of a counter-application is possible in accordance with the procedure established by this article.

5. The applicant is entitled to review the counter-application.

6. At the preparatory session, the Commission shall take a decision on scheduling the day for the consideration of the dispute.

Article 39. Notification and Summons🔗

1. The parties or their representatives shall be notified of the day, time and place of the hearing of the dispute.

2. The Commission, where necessary, shall summon witnesses, experts, specialists and interpreters to the hearing of the dispute.

3. The notification shall be sent by post or through a courier, and may also be delivered to the parties immediately upon conclusion of the preparatory hearing. The notification shall contain:

a) the address of the Commission;

b) an indication of the day, time and place of the Commission’s hearing;

c) the name of the case on account of which the given person is summoned;

d) the identity of the person to be summoned to the Commission, as well as the capacity in which he or she is summoned;

e) a proposal to the parties to present all evidence in their possession;

f) an indication that, in the absence of the addressee, the person receiving the summons is obliged to deliver the summons to the addressee at the first opportunity.

4. Together with the notification, the Commission shall send or deliver to the parties copies of the application on the dispute and the attached documents. The Commission shall send or deliver to the party filing the application on the dispute a copy of the other party’s counter-application, if it was received by the Commission by the time the notification was sent. Copies of all written documents received by the Commission may be sent to the parties also after the notification has already been sent or delivered.

5. In case of necessity, the parties may be summoned to a Commission hearing by e-mail or fax.

Article 40. Collection and Assessment of Evidence🔗

1. The parties shall prove the factual circumstances on which they base their claims.

2. Circumstances may be proved by the explanations of the parties, and where necessary – by the testimony of witnesses, and the conclusions of experts and specialists, which shall be presented in written form.

3. Written evidence is documents containing information on circumstances significant for the case. Written evidence shall, as a rule, be submitted in the form of the original.

4. A person to whom any circumstance concerning the case is known shall be questioned as a witness.

5. An expert may be summoned to provide an explanation or conclusion on a specific issue.

6. The Commission shall assess the evidence, which is based on their comprehensive, complete and objective examination.

Article 41. Consideration of a dispute🔗

1. Consideration of a dispute shall be postponed to the next sitting of the Commission in the event of the non-appearance of a party (parties). Repeated non-appearance for an unjustified reason shall not prevent the consideration of the dispute by the Commission.

2. At a sitting of the Commission, the consideration of a matter shall begin with a report on the circumstances of the case, naming the parties and indicating the subject matter and the basis of the dispute.

3. The process of establishing the circumstances important for the case shall begin with the receipt of explanations from the parties.

4. A party's refusal, at a sitting, to give explanations shall not prevent the receipt of explanations from the other party.

5. The chairperson of the sitting and the members of the Commission shall put questions to the parties that contribute to the full and accurate determination of the circumstances important for the case. The parties shall be entitled to put questions to each other.

6. Minutes shall be drawn up on the sitting of the Commission. The minutes shall reflect all substantive points of the consideration of the case; in particular, the minutes of the sitting of the Commission shall state: the year, month, day and place of the sitting; the time of the beginning and the end of the sitting; the composition of the sitting and the secretary of the sitting; the name of the case; information on the appearance of representatives, witnesses, experts and interpreters; the explanations of the parties and their representatives; the testimony of witnesses, the explanations by experts of their conclusions; information on the content of the judgment.

Article 42. Resolution of a dispute🔗

1. A dispute shall be resolved on the merits by a judgment of the Commission.

2. The parties shall be entitled, at any stage of the consideration of the dispute, to request that the case be concluded by settlement.

3. The Commission shall be entitled to approve the settlement by a judgment.

4. The Commission shall be entitled not to agree to the settlement and to adopt another judgment if the settlement of the parties contradicts the requirements established by the legislation of Georgia.

5. The applicant shall be entitled to withdraw the application, and the other party shall be entitled to acknowledge the applicant's claim. In this case, the Commission shall be entitled to adopt a judgment on the termination of the proceedings in the dispute.

6. The time limit for the consideration of a dispute related to interconnection shall be 1 month. If, in the consideration of a dispute related to interconnection, the parties fail to reach a settlement, the Commission shall be entitled to determine the terms of interconnection itself.

7. A judgment of the Commission may be appealed to a court.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Article 43. Control of activity in the field of electronic communications🔗

1. The Commission shall control the activity carried out by authorized persons in the field of electronic communications, as well as the fulfilment by them, in the field of electronic communications, of the requirements and obligations defined by the legislation of Georgia, including by the resolutions and decisions of the Commission.

2. The Commission shall control the fulfilment, by persons carrying out activity through electronic communication departmental and special networks, of the requirements and obligations defined in the field of electronic communications by the legislation of Georgia, including by the resolutions and decisions of the Commission, for the non-fulfilment of which natural and legal persons shall be liable in accordance with the Code of Administrative Offences of Georgia.

3. The Commission shall control the fulfilment, by persons having the right to use a scarce resource, including the holder of a licence for the use of a scarce resource, of the requirements and obligations defined in the field of electronic communications by the legislation of Georgia, including by the relevant resolutions and decisions of the Commission, as well as of the licence conditions. In the event of their violation, the Commission shall apply to the said persons the sanctions established by Article 45 of this Law.

4. Use of the radio frequency spectrum and/or the numbering resource in the field of electronic communications without obtaining authorisation, a licence or the right to use a scarce resource shall be inadmissible and shall entail the liability established by the Code of Administrative Offences of Georgia.

5. Where necessary, the Commission may exercise the administrative authority conferred on it by the administrative legislation of Georgia but not provided for by this Law.

6. The Commission shall control the fulfilment by an authorized person of the requirements and obligations established by the Law of Georgia on Competition. In the event of their non-fulfilment, the liability of the authorized person shall be determined by the same Law.

Law of Georgia No. 2564 of 28 December 2005 – LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia No. 3921 of 8 December 2006 – LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia No. 4526 of 8 April 2011 – website, 02.05.2011

Law of Georgia No. 5546 of 20 December 2011 – website, 30.12.2011

Law of Georgia No. 1929 of 23 December 2017 – website, 11.01.2018

Law of Georgia No. 7131 of 16 September 2020 – website, 21.09.2020

Article 44. Monitoring and Inspection🔗

1. The Commission shall monitor, on an ongoing and systematic basis, compliance by authorized persons with the requirements and obligations established by the legislation of Georgia in the field of electronic communications, including those established by the Commission's resolutions and decisions.

2. The Commission shall verify compliance by license holders with license conditions through selective inspection of compliance with license conditions and/or regular reporting by the license holder. In addition, the Commission is authorized to conduct an inspection on the basis of a complaint received by the Commission, an ex parte notification, newspaper or other information.

3. When monitoring compliance with the requirements and obligations established by the legislation of Georgia in the field of electronic communications, including those established by the Commission's resolutions and decisions, and when inspecting compliance with license conditions, the Commission shall not have the right to inspect such factual circumstances or to require the submission of such factual circumstances as are not directly related to compliance with the legislation provided for by this paragraph, including the requirements and obligations established by the Commission's resolutions and decisions, as well as license conditions.

4. The Commission shall adopt a decision on conducting an inspection, which shall indicate the identity of the person authorized to conduct the inspection.

5. Before conducting an inspection, the person authorized to conduct the inspection shall present to the authorized representative of the person subject to inspection an identity document and a document confirming his/her authority. He/she is authorized to inspect documents related to the activities of the authorized person at their location, make copies of documents, inspect technical devices with specific means, and require officials and other workers to provide information, oral and written explanations related to the matter subject to inspection.

6. The person authorized to conduct the inspection shall draw up an inspection report in the form approved by the Commission, which shall be entered in a register maintained specifically for that purpose. The inspection report shall indicate: the day, time and place of the inspection; the basis for conducting the inspection; the identity of the person present at the inspection on the part of the person subject to inspection; the list of documents inspected, if they were inspected on site (if copies were made, the copy shall be attached to the report); the list of devices inspected and their technical parameters; a summary of the oral explanations received (if they were provided in writing, the written material shall be attached to the report); comments of the person authorized to conduct the inspection (if any); other explanations of the person subject to inspection (his/her representative) (if any); the signatures of the person authorized to conduct the inspection and the person subject to inspection (his/her representative), and, in the event of his/her refusal to sign, the signatures of at least 2 witnesses present.

7. If sufficient evidence of a violation exists even without an inspection report, administrative proceedings shall be initiated under subparagraph „b“ of paragraph 1 of Article 76 of the General Administrative Code of Georgia for the purpose of adopting a decision on imposing liability on the offender, of which the offender shall be notified.

8. If a person authorised to conduct an inspection establishes as a result of the inspection that the act of a person who has violated the legislation of Georgia in the field of electronic communications contains the elements of a crime defined by the criminal legislation of Georgia, he/she shall immediately submit the inspection materials to the Commission for an appropriate response.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18 January 2006, Art. 34

Law of Georgia of 23 December 2017 No. 1929 – website, 11 January 2018

Article 45. Liability🔗

1. In case of violation by an authorised person of the requirements and obligations defined by the legislation of Georgia in the field of electronic communications, including by the resolutions and decisions of the Commission, and/or violation of the licence conditions by a licence holder, the Commission is entitled to warn the violator in writing, and in case of failure to eliminate a continuing violation within the period established by a decision of the Commission, or in case of the commission of a new one-time violation within 1 year – to impose a fine, the amount of which is 0.5 per cent of the income of the authorised person and/or the licence holder for the last 12 calendar months (the aggregate income as defined by the Tax Code of Georgia, excluding VAT), but not less than 3000 and not more than 30000 GEL.

2. After the fining of the authorised person and/or the licence holder, in case of continuation of a continuing violation by it and/or the commission of a new one-time violation within 1 year after the fining, the Commission is entitled to impose on the violator a fine in the amount of 1 per cent of the income of the authorised person and/or the licence holder for the last 12 calendar months, but not less than 9000 and not more than 90000 GEL, or to act with respect to the licence holder in accordance with Article 54 of this Law.

3. After the second fining of the authorised person and/or the licence holder, in case of continuation of a continuing violation by it and/or after the second fining, but within 1 year after the first fining, in case of the commission of each new one-time violation, the Commission is entitled to impose on the violator a fine in the amount of 3 per cent of the income of the authorised person and/or the licence holder for the last 12 calendar months, but not less than 27000 and not more than 270000 GEL, or to act with respect to the licence holder in accordance with Article 54 of this Law.

4. Violation by a person having the right to use a scarce resource (except for a licence holder and a person to whom the right to use a scarce resource has been granted free of charge) of the conditions defined by a decision of the Commission on the granting of the right to use a scarce resource shall result in its being fined in the amount of 1000 GEL, and in case of the commission of a new one-time violation within 1 year after the fining of the person having the right to use a scarce resource, or in case of failure to eliminate a continuing violation within the period established by a decision of the Commission, the Commission is entitled to impose on it a fine in the amount of 3000 GEL or to act with respect to it in accordance with Article 54 of this Law.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 – website, 30.12.2011

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018

Article 46. Administrative proceedings related to sanctions🔗

1. Decisions of the Commission on a warning and on fining shall be adopted under the simplified administrative proceedings. The person shall be notified in writing of the adoption of the decision within 7 days of the adoption of the respective decision.

2. The fine shall be paid within 30 working days of the delivery of the decision on the imposition of the fine to the offender. The fine shall be credited to the State Budget of Georgia.

3. In the event of non-compliance by the offender with the decision on the imposition of a fine, the enforcement of the decision shall be ensured by the Legal Entity of Public Law within the governance sphere of the Ministry of Justice of Georgia – the National Bureau of Enforcement, on the basis of an enforcement writ issued by the Commission.

4. If there is no ground for a warning or a fine, the administrative proceedings shall be terminated immediately.

Law of Georgia No. 2564 of 28 December 2005 – LHG I, No. 4, 18 January 2006, Art. 34

Law of Georgia No. 224 of 15 July 2008 – LHG I, No. 17, 28 July 2008, Art. 140

Article 46¹. Special Measures for Enforcement of a Commission Decision🔗

1. The Commission is authorized to appoint a special manager for the purpose of enforcing a decision adopted by the Commission due to a violation by an authorized person/license holder of the requirement of Article 26 and/or Article 27 of this Law. A special manager may be appointed only if, in respect of the authorized person/license holder, for this violation, the fine defined by paragraph 3 of Article 45 of this Law has already been applied at least once and the fines have failed to ensure the enforcement of the Commission's decision, while suspension of authorization/revocation of license may cause harm to the country's economic interest, the legitimate interests of authorized persons/license holders and users in the field of electronic communications, or the competitive environment existing in the market.

2. A special manager shall be appointed by a decision of the Commission.

3. The Commission's decision on the appointment of a special manager shall enter into force upon its adoption at a Commission session.

4. The Commission's decision on the appointment of a special manager shall be immediately published in the Legal Entity of Public Law − the Legislative Herald of Georgia and sent to the Legal Entity of Public Law − the National Agency of Public Registry and to the authorized person/license holder. The Legal Entity of Public Law − the National Agency of Public Registry, on the basis of the received notification and the request of the special manager, shall update the data on the authorized person/license holder in the Register of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, in which a note on the special manager is made.

5. A special manager shall be appointed until the enforcement of the Commission's decision is ensured.

6. A special manager may be any natural person who has no conflict of interest in relation to the authorized person/license holder and meets the criteria provided for by this Article.

7. For the purposes of this Article, a person shall be considered to have a conflict of interest in relation to the authorized person/license holder if the person is an employee, direct or indirect holder of a share/stock, member of the supervisory board or board of directors of the authorized person/license holder in the field of electronic communications or of a legal entity related thereto, or if there is interdependence between the person and one of the persons referred to in this paragraph. For the purposes of this paragraph, persons shall be considered to be interdependent if they are interdependent persons as defined by Article 19 of the Tax Code of Georgia.

8. A special manager may be a person who has higher education in finance, economics or business administration, or has legal education or other relevant education necessary for the exercise of the powers conferred on such person and the performance of the functions assigned to such person.

9. The remuneration for the work of the special manager shall be determined by the Commission's decision on the appointment of the special manager.

10. All expenses related to the remuneration of the special manager, as well as to the exercise by the special manager of the powers granted to him and the performance of the functions assigned to him, shall be covered from the budget of the authorized person/licence holder.

11. The Commission, based on the content of the decision to be enforced, determines the powers and responsibilities of the special manager, within the framework of which the special manager may exercise control of the authorized person/licence holder and all powers of all bodies of the authorized person/licence holder (including the director/board of directors, the supervisory board, the partners' meeting/shareholders' meeting) that are necessary to achieve the purpose provided for by paragraph 1 of this Article shall transfer to the special manager (except for the alienation of an asset and/or share/stock of the authorized person/licence holder).

12. The special manager is entitled, in order to ensure the enforcement of the Commission's decision, within the framework determined by this decision, to carry out the following actions:

a) appoint and/or dismiss the director(s) of the authorized person/licence holder, member(s) of the supervisory board (if any);

b) by filing a claim in court, contest an action carried out or a transaction concluded by the authorized person/licence holder during the last 1 year before the appointment of the special manager and demand its invalidation, if as a result of this action or transaction damage has been caused or is caused to the economic interest of the country, to the lawful interests of authorized persons/licence holders in the field of electronic communications, of users, or to the competitive environment existing in the market;

c) suspend or restrict the distribution of profit, the issuance of dividends and bonuses, and the increase of salaries for the authorized person/licence holder;

d) perform other functions of the management body of the authorized person/licence holder (except for the alienation of an asset and/or share/stock of the authorized person/licence holder).

13. After the appointment of the special manager, it is inadmissible to carry out any action in the name of the authorized person/licence holder without the consent of the special manager and/or the Commission.

14. Any decision adopted/any action carried out by the special manager shall be void if this decision/action is not adopted/carried out within the framework of the powers granted by the Commission.

15. The special manager acts within the framework of the legislation of Georgia and the instructions and directions issued by the Commission. The special manager is accountable only to the Commission. The special manager, in the manner and form established by the Commission and within the established time limit, regularly and/or upon the Commission's request, submits to it a report on his/her activities.

16. The Commission is entitled to dismiss the special manager from the position at any time on any ground. In such a case, the Commission is entitled to re-appoint the special manager.

17. The Commission shall be entitled, by its decision, to determine that the exercise of individual powers or of all powers of the special manager requires the prior written consent of the Commission.

18. In the case of enforcement of the Commission's decision and of the submission to the Commission of information/documentation confirming its enforcement, the special manager shall be released from office by a decision of the Commission, and the application of the special measures provided for by this Article for the enforcement of the Commission's decision with respect to the authorised person/licence holder shall be terminated.

19. Except for the case provided for by paragraph 1 of this Article, a special manager may also be appointed for the purpose of enforcing a decision adopted by the Commission due to the failure by the authorised person/licence holder to fulfil a specific obligation defined by Article 34 and/or Article 35 of this Law. A special manager may be appointed only if, with respect to the authorised person/licence holder, the fine defined by paragraph 3 of Article 45 of this Law has already been applied at least once for this violation and the fines have failed to ensure the enforcement of the Commission's decision, while suspension of authorisation/cancellation of the licence may cause damage to the country's economic interest, to the lawful interests of authorised persons/licence holders and users in the field of electronic communications, or to the competitive environment existing in the market. In the case provided for by this paragraph, the special manager shall be appointed and his/her powers shall be determined in accordance with paragraphs 14 and 16–20 of Article 22 of the Law of Georgia "On Licences and Permits".

20. A decision adopted by the Commission in accordance with this Article may be appealed to a court within 1 month.

Law of Georgia of 17 July 2020 No. 7065 – website, 16.07.2020.

Article 47. Radio frequency spectrum🔗

1. The position allocated to Georgia on the geostationary orbit is the property of Georgia. The position allocated to Georgia on the geostationary orbit, as well as the radio frequency spectrum used in the field of activity by electronic communication networks and means, shall not be subject to private ownership, transfer into permanent use and privatisation. The radio frequency spectrum and the position of the communication satellite belonging to Georgia on the geostationary orbit shall be protected by the State.

2. In accordance with international rules and requirements, the use of Georgia's position on the geostationary orbit shall be ensured by the Government of Georgia. The Government of Georgia, in agreement with the Commission, shall determine the radio frequencies used to ensure the public functions of the State – for carrying out measures of State defence, security and maintenance of law and order.

3. Radio frequency bands for the aeronautical mobile and aeronautical radio navigation service are allocated in accordance with the Radio Regulations of the International Telecommunication Union and the Charter of the International Civil Aviation Organization.

4. The radio frequency spectrum shall be distributed, and the use of the radio frequency spectrum shall be regulated, by the Commission.

5. The national plan for the distribution of the radio frequency spectrum shall be drawn up by the Commission in accordance with the Radio Regulations of the International Telecommunication Union, taking into account the radio frequencies determined by the Government of Georgia in agreement with the Commission to ensure the public functions of the State.

6. The right to use the radio frequency spectrum shall be acquired on the basis of a licence, by way of an auction or a competition, or, in the cases provided for by this Law, by grant on the basis of a decision of the Commission.

7. In order to ensure a digital terrestrial television network, the right to use the radio frequency spectrum shall be acquired on the basis of a licence, by way of the competition provided for by Article 52¹ of this Law.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 20 February 2014 No. 2039 - website, 27.02.2014

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018

Article 47¹. Assignment of radio call signs, identification marks and radio frequencies🔗

1. For the amateur radio service, radio frequency bands are allocated in accordance with the Radio Regulations of the International Telecommunication Union. The Commission assigns a radio call sign to an amateur radio operator in these radio frequency bands for the conduct of amateur radio communication.

2. For the maritime mobile and maritime radionavigation service, radio frequency bands are allocated in accordance with the Radio Regulations of the International Telecommunication Union. The Commission shall assign a radio call sign and identification marks to maritime vessels. The radio frequency bands allocated in accordance with the Radio Regulations of the International Telecommunication Union shall be used by a maritime vessel in distress for the transmission of an international distress signal in accordance with the rules and conditions defined by Annex No. 13 to Part I of Volume II of the same Radio Regulations and shall not require assignment by the Commission.

3. To an unauthorised person whose activity is not related to the provision of public electronic communication networks and means and/or to the provision of services through these networks and means, but who in the course of activity requires the use of radio frequencies for auxiliary technological purposes, the Commission, by way of simplified administrative proceedings, assigns radio frequencies for auxiliary technological purposes, temporarily — for a period of 1 year of use, for which the unauthorised person pays a fee for the use of a scarce resource.

4. The Commission is entitled, in accordance with an application submitted by it to the Commission by an authorised person who, for the performance of authorised activity, requires a radio relay network or one or more sections of a radio relay line for auxiliary technological, non-commercial use, which application must contain the main technical characteristics of the network and stations, as well as the period desired by it for the grant of the right to use the radio frequency/radio frequencies, which shall not exceed 15 years, to assign the radio frequency/radio frequencies without holding an auction, for a period determined by a decision of the Commission. In this case, the authorised person pays a fee for the use of the said resource, the amount of which is determined by the Commission by the "Regulation for Holding an Auction for the Acquisition of the Right to Use the Radio Frequency Spectrum and/or the Numbering Resource".

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 - website, 30.12.2011

Law of Georgia of 1 August 2014 No. 2632 - website, 12.08.2014

Law of Georgia of 23 December 2017 No. 1929 - website, 11.01.2018

Article 47². Harmonisation of the Radio Frequency Spectrum🔗

1. For the purpose of effective management and use of the radio frequency spectrum, the Commission shall ensure the harmonisation at national level of the harmonised radio frequency bands provided for by European Commission decisions for electronic communications services and terrestrial systems, in accordance with the technical norms and conditions defined by the same decisions, by way of making appropriate amendments to the “National Plan for the Distribution of the Radio Frequency Spectrum” and modifying the licenses for the use of scarce resources issued in the same radio frequency bands.

2. In the harmonised radio frequency bands provided for by paragraph 1 of this article, licenses for the use of scarce resources shall be issued in accordance with the principle of technological and service neutrality, for a term of 15 years, in compliance with the technical norms and conditions defined by European Commission decisions and/or directives.

3. For the purpose of promoting the introduction of new technologies, a license issued in the radio frequency bands provided for by paragraph 1 of this article in accordance with the plan distributed pursuant to European Commission decisions shall be subject to modification under the following conditions:

a) the designation of the use of the scarce resource shall be modified in such a way that the license holder is able to use the scarce resource in accordance with the “National Plan for the Distribution of the Radio Frequency Spectrum”, in compliance with the harmonised technical norms and conditions defined by European Commission decisions and/or directives, for authorised electronic communications activity in accordance with the principle of technological and service neutrality;

b) the term of validity of the license shall be set at 15 years from the adoption by the Commission of a decision on the modification of the license, notwithstanding the term provided for by the Commission’s decision on the issuance/extension of the term of validity of the license;

c) the fee for the use of the scarce resource provided for by the license shall be subject to recalculation in accordance with the procedure defined by a Resolution of the Commission, in accordance with the following principles:

c.a) the Commission shall determine the fee for the use of the scarce resource provided for by the modified license;

c.b) the amount of the fee for the use of the scarce resource paid/payable by the license holder, which is directly proportional to the amount recalculated for the period from the adoption by the Commission of the decision on the modification of the license until the expiry of the term provided for by the decision on the issuance/extension of the term of validity of the license, shall be deducted from the fee determined in accordance with subparagraph “c.a” of this paragraph.

4. The license holder is entitled, in accordance with paragraph 3 of this article, to request modification of the license only in respect of part of the scarce resource provided for by the license, and to relinquish the remaining part. It shall be possible to use the relinquished part independently in accordance with the principle of technological neutrality. In the case of partial relinquishment of the license, the scarce resource usage fee recalculated for the period from the adoption by the Commission of the decision on modification of the license until the expiry of the term provided for by the Commission's decision on the issuance/extension of the license's validity and paid by the license holder shall be deducted from the fee determined in accordance with subparagraph "c.a" of paragraph 3 of this article.

5. The license holder is entitled to fully waive the modification of the license in accordance with paragraph 3 of this article and to terminate the use of the scarce resource provided for by the license. In this case, the license shall be considered cancelled at the initiative of the license holder. In the case of cancellation of the license at the initiative of the license holder, the scarce resource usage fee determined by the license and paid by the license holder shall not be refunded to the license holder.

6. The effect of paragraphs 3, 5 and 6 of Article 49 of this Law shall not extend to a license issued/modified under this article.

7. The Commission shall determine the procedure and schedule for payment of the scarce resource usage fee provided for by a license modified under this article. The payment schedule shall not provide for an obligation to pay more than 50 percent of the scarce resource usage fee within 1 year.

8. The license provided for by paragraph 3 of this article shall be modified, for the purpose of national harmonization, in accordance with the technical norms and conditions determined by the same European Commission decisions on harmonized radio frequency bands for electronic communication services and terrestrial systems, within 3 months from the introduction of appropriate amendments to the "National Plan for Distribution of Radio Frequency Spectrum".

Law of Georgia No. 2632 of 1 August 2014 – website, 12.08.2014.

Article 47³. Change, Full or Partial Relinquishment of Radio Frequencies🔗

1. When amending the “National Plan for the Distribution of the Radio Frequency Spectrum”, the Commission shall be entitled to replace a radio frequency assigned to an authorised person by a decision of the Commission on the basis of paragraph 4 of Article 47¹ of this Law with another radio frequency. In this case, the authorised person shall not be entitled to claim compensation.

2. The Commission shall be entitled to replace a radio frequency resource granted on the basis of a licence, before the expiry of the term of the licence, with another radio frequency resource of the same amount available within the specific segment (radio frequency range) of the same radio frequency band as defined by the “National Plan for the Distribution of the Radio Frequency Spectrum”, if the licence holder can continue its activities and the provision of services without changing the deployed technology. In the event that the licence holder incurs expenses due to the replacement of the radio frequency resource, the licence holder shall be entitled to apply to the Commission with a substantiated request for reimbursement of the expenses. The amount, form and conditions of payment of the expenses shall be determined by the Commission by the decision adopted on the replacement of the radio frequency resource. In this case, the Commission shall be entitled to rely on the opinion of an audit company selected by it from the list of persons carrying out audited financial reporting for enterprises determined by the Government of Georgia and/or issuing expert and audit opinions.

3. For the purpose of planning and distribution in accordance with the harmonised technical norms and parameters of the radio frequency ranges provided for by paragraph 1 of Article 47² of this Law, when introducing into the “National Plan for the Distribution of the Radio Frequency Spectrum” such an amendment as makes it impossible to maintain together the technical norms and parameters of existing and newly planned or distributed radio frequencies, as well as the coexistence of electronic communication technologies, the Commission shall be entitled, in respect of the holder of a licence for the use of such radio frequency resource, to:

a) not extend the term of the licence. The licence holder shall be notified thereof at least 3 years before the expiry of the term of the licence;

b) if less than 3 years remain before the expiry of the term of the licence, extend the term of the licence for a period of less than 10 years. In this case, the Commission shall be obliged to:

b.a) notify the licence holder of the intention to extend the term of the licence for a period of less than 10 years. The term of the licence shall not be less than 3 years from receipt of the notification by the licence holder;

b.b) calculate the amount of the fee for the use of the exhaustible resource provided for by the licence according to the period (years, months) determined by the Commission’s decision on the extension of the term of the licence;

c) to demand the relinquishment, in whole or in part, of the radio frequency resource provided for by the licence before the expiry of the term of this licence, in exchange for appropriate compensation. The amount, terms and form of payment of the compensation shall be determined by a decision of the Commission, in agreement with the Government of Georgia, and the compensation shall be paid from the State Budget of Georgia. When determining the amount of compensation, the Commission shall rely on the opinion of an international audit company selected by it from the list of persons performing audited financial reporting for enterprises determined by the Government of Georgia and/or issuing expert and audit opinions. The Commission shall announce a tender for the purchase of the services of the international audit company. The cost of purchasing the service shall be covered from the Commission's budget or the State Budget of Georgia, in agreement with the Government of Georgia;

[ c) to demand the relinquishment, in whole or in part, of the radio frequency resource provided for by the licence before the expiry of the term of this licence, in exchange for appropriate compensation. The amount, terms and form of payment of the compensation shall be determined by a decision of the Commission, in agreement with the Government of Georgia, and the compensation shall be paid from the State Budget of Georgia. When determining the amount of compensation, the Commission shall rely on the opinion of an international audit company selected by it from the list of persons performing audited financial reporting for enterprises determined by the Government of Georgia and/or issuing expert and audit opinions. The Commission shall carry out the public procurement procedure for the purchase of the services of the international audit company. The cost of purchasing this service shall be covered from the Commission's budget or the State Budget of Georgia, in agreement with the Government of Georgia; (shall enter into force from 1 January 2027)]

d) in agreement with the licensee, in exchange for the compensation provided for by subparagraph “c” of this paragraph, to offer another radio frequency resource. The market value of this radio frequency resource shall correspond to the amount of compensation determined on the basis of the opinion of the international audit company selected by the Commission. When calculating the market value of the offered radio frequency resource:

d.a) the Commission shall take into account the price fixed for 1 megahertz at an auction (auctions) held during the last 1 year in a specific segment (radio frequency range) of the offered radio frequency band / the arithmetic mean of the prices;

d.b) if no auction has been held during the last 1 year in a specific segment (radio frequency range) of the offered radio frequency band, the price of 1 megahertz of the offered radio frequency band shall be calculated in accordance with paragraph 5 of Article 49 of this Law;

d.c) If the auction defined by subparagraph „d.a“ of this paragraph has not been held and, in exchange for compensation, the radio frequency resource provided for by Article 47² of this Law is offered, the Commission shall take into account the price calculated for 1 megahertz of the respective exhaustible resource provided for by the licence modified on the basis of Article 47².

4. The compensation provided for by subparagraph „c“ of paragraph 3 of this Article shall include the amount paid to obtain the right to use the exhaustible resource, calculated in direct proportion to the number of years remaining until the expiry of the term of the licence for the use of the exhaustible resource and to the amount of the surrendered exhaustible resource, and the cost of dismantling or modifying the network.

5. The Commission shall adopt reasoned decisions on the basis of this Article in accordance with the rules of public administrative proceedings.

Law of Georgia of 1 August 2014 No. 2632 – website, 12.08.2014.

Law of Georgia of 9 February 2023 No. 2570 – website, 27.02.2023.

Law of Georgia of 5 September 2024 No. 4415 – website, 23.09.2024.

Article 48. Numbering resource🔗

1. The national numbering system shall be established by the Government of Georgia in agreement with the Commission.

2. Matters related to the use of the numbering resource shall be regulated by the Commission.

3. The Commission:

a) approves the "Rules for the Allocation, Use and Settlement of the Numbering Resource";

b) grants the right to use the numbering resource in accordance with this Law and the "Rules for the Allocation, Use and Settlement of the Numbering Resource" for a defined term and establishes the conditions for the use of the numbering resource. The right to use the numbering resource shall be granted to a person on the basis of a decision of the Commission, by way of simplified administrative proceedings.

4. The basis for obtaining the right to use the numbering resource shall be the existence of a free resource and the applicant's application for obtaining the right to use the numbering resource.

5. The Commission shall grant a person the right to use the numbering resource in accordance with this Law, the "Regulation on the National System for Numbering of Electronic Communication Networks of Georgia" and the "Rules for the Allocation, Use and Settlement of the Numbering Resource".

6. In order to obtain the right to use the numbering resource, a person shall pay a fee for the use of the numbering resource in the amount determined in accordance with the "Rules for the Allocation, Use and Settlement of the Numbering Resource", except in the exceptional cases provided for by the legislation of Georgia. Failure to pay the fee for the use of the numbering resource shall be a ground for refusing to grant the right to use the numbering resource.

7. The right to use the numbering resource shall be granted to a person for an indefinite period and shall be renewed annually, except in the cases provided for by the "Rules for the Allocation, Use and Settlement of the Numbering Resource".

8. The right to use the numbering resource shall be renewed no later than 1 year from the granting/renewal of the right to use the numbering resource, by payment of the fee for the use of the numbering resource and submission to the Commission of a document confirming its payment. In this case, the Commission shall enter information on the renewal of the right to use the numbering resource in the relevant departmental register of the Commission. If the fee for the use of the numbering resource is not paid and the document confirming its payment is not submitted to the Commission within the established term, the right to use the numbering resource shall be considered revoked.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18 January 2006, Art. 34

Law of Georgia of 20 December 2011 No. 5546 – website, 30 December 2011

Law of Georgia of 23 December 2017 No. 1929 – website, 11 January 2018

Article 49. License, Term of License Validity🔗

1. The Commission shall issue a license for the use of the radio frequency spectrum.

2. The Commission shall issue a license for the use of the radio frequency spectrum by way of auction or competition, in accordance with this Law, the Laws of Georgia "On Licenses and Permits" and "On License and Permit Fees", and the Regulation on Holding an Auction for Obtaining the Right to Use the Radio Frequency Spectrum approved by a Resolution of the Commission.

3. The license shall be issued for a term of 10 years.

3¹. The license holder shall be obliged to use the exhaustible resource determined by the license in accordance with the legislation of Georgia, as well as in accordance with the conditions determined by the Commission's decision on the issuance of the license, and to ensure the optimal and efficient use of the exhaustible resource determined by the license, including through the introduction of innovative electronic communication technologies.

4. The license holder has the right, one month before the expiry of the term of the license validity, to apply to the Commission with an application for the extension of the term of the license validity. If the use of the radio frequency spectrum by the license holder is carried out in accordance with the rules established by this Law, the term of the license validity shall be extended for 10 years by a decision of the Commission.

5. In the event of extension of the term of the license validity:

a) the license holder shall pay the arithmetic mean of the prices recorded at auctions held during the last 2 years for obtaining the right to use the corresponding band of the same radio frequency spectrum allocated in accordance with the National Plan for the Distribution of the Radio Frequency Spectrum as of the moment of its extension;

b) if, during the term (2 years) determined by subparagraph "a" of this paragraph, no more than 2 auctions were held for obtaining the right to use the corresponding band of the same radio frequency spectrum, the license holder shall pay the arithmetic mean of the prices recorded at auctions held during the last 3 years for obtaining the right to use the corresponding band of the same radio frequency spectrum;

c) if, in accordance with the National Plan for the Distribution of the Radio Frequency Spectrum, during the last 3 years, no more than 2 auctions were held for obtaining the right to use the corresponding band of the allocated radio frequency spectrum, the license holder shall pay the arithmetic mean of the prices recorded at the last 3 (in the absence thereof – the last 2) auctions held for obtaining the right to use the radio frequency spectrum;

d) if, in accordance with the National Plan for the Distribution of the Radio Frequency Spectrum, only 1 auction has been held for obtaining the right to use the corresponding band of the allocated radio frequency spectrum, the license holder shall pay the price recorded at this auction;

e) If, in accordance with the "National Plan for the Distribution of the Radio Frequency Spectrum", an auction for obtaining the right to use the relevant band of the radio frequency spectrum allocated in accordance with that plan did not take place, the licence holder, in order to extend the term of validity of the licence, shall pay the amount of the starting price of the auction to be held for obtaining the right to use the radio frequency spectrum, which is determined by the regulation on holding an auction for obtaining the right to use the radio frequency spectrum;

f) The licence holder shall also pay a licence fee.

6. For the extension of the term of validity of a licence issued by way of a competition, the licence holder shall pay the relevant fee, the amount of which is determined by the commission in each specific case, taking into account international practice, on the basis of a relevant opinion of an authoritative international organisation, as well as a licence fee.

Law of Georgia No 2564 of 28 December 2005 - LHG I, No 4, 18.01.2006, Art. 34

Law of Georgia No 3921 of 8 December 2006 - LHG I, No 46, 13.12.2006, Art. 310

Law of Georgia No 4526 of 8 April 2011 - website, 02.05.2011

Law of Georgia No 5546 of 20 December 2011 – website, 30.12.2011

Law of Georgia No 2039 of 20 February 2014 - website, 27.02.2014

Law of Georgia No 460 of 16 April 2025 – website, 17.04.2025

Article 50. Grounds for Obtaining a Licence🔗

1. The grounds for obtaining a licence to use the radio frequency spectrum shall be the existence of free resource, an application by a person and that person's victory in an auction.

2. The Commission shall adopt a decision on holding an auction if there exists:

a) free radio frequency spectrum provided for by the "National Plan for the Distribution of the Radio Frequency Spectrum" and a person's request to hold an auction in order to obtain the right to use the radio frequency spectrum. The Commission's decision on holding an auction shall determine the initial fee for the use of the exhaustible resource to be put up for auction in order to obtain the right to use the radio frequency spectrum, in accordance with the regulation on holding an auction to obtain the right to use the radio frequency spectrum;

b) an application by the holder of a licence to use the radio frequency spectrum to transfer, in whole or in part, the right to use the radio frequency spectrum held in its use to any person. In this case, the Commission shall hold the auction on the basis of the general rule established by this Law.

3. In order to ensure competition in the field of electronic communications, by a reasoned decision of the Commission, the right to use the radio frequency spectrum may be restricted for a person who, at the moment of the announcement of the auction, independently and/or together with persons interdependent (affiliated) with it, is the holder of, or in the event of victory in the auction will become the holder of, more than the maximum amount of radio frequency resource determined by the Commission's decision on the announcement of the auction in respect of a specific segment of the radio frequency band (radio frequency range) or a combination of specific segments of radio frequency bands (radio frequency ranges) with similar characteristics.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 - website, 30.12.2011

Law of Georgia of 1 August 2014 No. 2632 - website, 12.08.2014

Article 50¹. Basis for obtaining a licence to use the radio frequency spectrum for the provision of a digital terrestrial television network🔗

1. A licence to use the radio frequency spectrum for the provision of a digital terrestrial television network shall be issued where free radio frequency resources exist, on the initiative of the Commission or on the basis of an application by an interested person, as a result of the announcement of a competition and the identification of the winner of the competition.

2. The Commission shall take a decision on holding a competition if there exists:

a) free radio frequency resources provided for by the "National Plan for the Distribution of the Radio Frequency Spectrum" for the provision of a digital terrestrial television network;

b) an application by the holder of a licence to use the radio frequency spectrum for the provision of a digital terrestrial television network to transfer in full to another person the right to use the radio frequency spectrum held for its use, except for the persons provided for by paragraph 5 of Article 52¹ of this Law. In this case, the Commission shall hold the competition in accordance with the procedure established by Article 52¹ of this Law.

3. The Commission shall assign to the holder of a licence to use the radio frequency spectrum an identification code for digital terrestrial television network terminal devices for the term of validity of the licence.

Law of Georgia of 20 February 2014 No. 2039 - website, 27.02.2014.

Law of Georgia of 12 June 2015 No. 3693 - website, 15.06.2015.

Article 51. Transfer of the right to use the radio frequency spectrum to another person🔗

1. The holder of a licence for the use of the radio frequency spectrum is entitled to transfer the right to use the radio frequency spectrum to any person, in whole or in part, by way of direct transfer, without holding an auction, for which purpose it shall conclude a contract on direct transfer. The Commission shall, on the basis of a joint application on the transfer, initiate public administrative proceedings relating to the transfer of the licence.

2. By a decision of the Commission, the transfer of the licence may be restricted for the holder of a licence for the use of the radio frequency spectrum if:

a) the person wishing to transfer has arrears of the regulation fee owed to the Commission or arrears of the fee for the use of an exhaustible resource owed to the State Budget of Georgia;

b) in the case of transfer, in whole or in part, by way of direct transfer, of a licence for the use of an exhaustible resource, the person, independently and/or together with persons interdependent (affiliated) with it, becomes the holder of more than the maximum amount of radio frequency resource determined by a reasoned decision of the Commission on the basis of a study and analysis conducted within the framework of public administrative proceedings initiated in connection with the transfer of a specific section of the radio frequency band (radio frequency range) or of a combination of specific sections of radio frequency bands (radio frequency ranges) having similar characteristics;

c) the exhaustible resource defined by the licence is used to provide telecommunication services to the end user and the obligation to provide the service to it has not been confirmed by the licence recipient, in accordance with the terms of the contract concluded with the end user, during the term of the contract.

3. In the cases provided for by paragraph 2 of this Article, except for that provided for by subparagraph „b“ of the same paragraph, the public administrative proceedings shall be suspended and shall be resumed after the person wishing to transfer has fully performed its obligations.

4. The licence holder is entitled to commence the use of the radio frequency spectrum provided for by the licence, in compliance with the licence conditions and the requirements established by this Law, only after the Commission has adopted a decision on the transfer of the licence and authorisation has been passed in the manner determined by this Law.

5. An authorised person holding a licence for the use of the radio frequency spectrum obtained by way of auction is entitled to apply to the Commission with a request to hold an auction, for the purpose of transferring the right to use the radio frequency spectrum, in whole or in part, to any authorised person.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 – website, 30.12.2011

Law of Georgia of 1 August 2014 No. 2632 - website, 12.08.2014

Article 51¹. Transfer of the right to use the radio frequency spectrum to another person for the purpose of providing a digital terrestrial television network🔗

1. The holder of a licence to use the radio frequency spectrum for the purpose of providing a digital terrestrial television network shall be entitled to transfer the right to use the radio frequency spectrum in its possession to another person, except for the persons provided for by paragraph 5 of Article 52¹ of this Law, in full, by way of direct transfer, without a competition, for which purpose it shall conclude a contract on direct transfer. The Commission shall, on the basis of a joint application on transfer, initiate public administrative proceedings in connection with the transfer of the licence.

2. By a decision of the Commission, the holder of a licence to use the radio frequency spectrum for the purpose of providing a digital terrestrial television network may be restricted from transferring the licence if the person wishing to transfer owes the Commission a debt of the regulatory fee.

3. In the case provided for by paragraph 2 of this Article, the public administrative proceedings shall be suspended and shall resume after the person wishing to transfer has fully performed its obligations.

4. The holder of a licence to use the radio frequency spectrum shall be entitled to commence the use of the radio frequency spectrum provided for by the licence, in compliance with the licence conditions and the requirements established by this Law, only after the Commission has adopted a decision on the transfer of the licence and authorisation has been passed in accordance with the procedure determined by this Law.

5. An authorised person holding a licence to use the radio frequency spectrum obtained through a competition shall be entitled to apply to the Commission requesting the holding of a competition, for the purpose of transferring in full the right to use the radio frequency spectrum to any authorised person.

Law of Georgia of 20 February 2014 No. 2039 - website, 27.02.2014.

Article 52. Issuance of a Licence on the Basis of an Auction🔗

1. To issue a licence for the use of the radio frequency spectrum, the Commission adopts a decision on holding an auction, which shall be disseminated through the mass media and posted on the Internet on the Commission's official website at least 1 month in advance.

2. The Commission's decision on holding an auction shall specify:

a) the relevant geographical boundaries of the service market;

b) in the case of use of an exhaustible resource, the technical and operational conditions for its use, which ensure the prevention of harmful interference and harmful effects on human health;

c) the initial or offered fee;

d) the deadlines for the commencement and completion of the acceptance of applications and for the holding of the auction;

e) other data determined by paragraph 10 of Article 18 of the Law of Georgia on Licences and Permits.

3. (Removed – 28 December 2005, No. 2564).

4. When holding an auction, the Commission shall be guided by the principles of objectivity, transparency, publicity and non-discrimination.

5. The Commission shall adopt a decision on identifying the winner of the auction. The criterion for identifying the winner of the auction shall be the offer of the maximum amount of the fee for the use of the exhaustible resource, 30 per cent of which shall be paid within 1 month from the adoption of the decision on identifying the winner of the auction. The Commission's decision on identifying the winner of the auction shall be disseminated through the mass media or via the Internet.

6. The licence shall be issued within 7 working days from the payment by the winner of the competition of 30 per cent of the fee for the use of the exhaustible resource. The remaining part of the fee for the use of the exhaustible resource shall be paid within 1 year from the receipt of the licence, in accordance with the conditions determined by the Commission's decision.

7. If the aim of the person winning the auction is to commence an authorised activity (commence the provision of services) and, accordingly, the permit of other agencies is required for his use of the radio frequency spectrum, in order to obtain it in accordance with the one-stop principle, the person winning the auction shall be entitled to submit to the Commission the relevant documentation required by the legislation of Georgia for such permit, and the Commission shall ensure the receipt of the relevant permit from the relevant agencies. In this case, the Commission shall, within 5 working days from the receipt of the relevant documentation, apply to the relevant agencies and send the documentation submitted by the person winning the auction. If, within the subsequent 20 working days, a refusal to grant the permit is received from the relevant agency, it must state the reasons for the incompatibility with the legislation of Georgia and indicate the ways of remedying such incompatibility. The person winning the auction shall be granted an additional period to remedy the said incompatibility.

8. The licence holder shall be obliged to commence practical activity within the period determined by the Commission's decision on the issuance of the licence.

8¹. It shall be inadmissible for the licence holder to terminate the use of the resource provided for by the licence and the carrying out of practical activity using this resource for a period of more than 3 consecutive months or for 6 months within one year.

9. The holder of a licence for the use of a resource provided for by this Law shall, in order to commence practical activity, ensure:

a) the installation, operational management and operation of electronic communication networks, technical means or the relevant elements of the network in each geographical zone defined by the licence;

b) the carrying out of economic activity using electronic communication networks, technical means or the relevant elements of the network;

c) the admission of interested authorised persons to the elements of the electronic communication network, their resources and capacities and, in exchange for a determined fee, the provision of services to an interested operator by public electronic communication networks and means;

d) the provision of services to users (including end users), on the basis of the relevant authorisation, in exchange for a determined fee, using electronic communication networks and means.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 14 July 2006 No. 3453 - LHG I, No. 29, 26.07.2006, Art. 230

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 – website, 30.12.2011

Article 52¹. Rule for issuing a licence for the use of radio frequency spectrum to provide a digital terrestrial television network🔗

1. The Commission shall adopt a decision on holding a competition for the issuance of a licence for the use of radio frequency spectrum.

2. The Commission's decision on holding a competition shall specify:

a) the frequencies put out to competition and the corresponding geographical area of their use;

b) technical and operational conditions for the use of the exhaustible resource in order to prevent harmful interference and harmful effects on human health;

c) the initial fee for the use of the exhaustible resource put out to competition, which shall be set by the Commission in each specific case, taking into account international practice, on the basis of a relevant opinion of an authoritative international organisation;

d) the list of documents to be attached to the tender application;

e) the dates of the preparatory meeting, the oral hearing and the holding of the competition;

f) the conditions for the use of the radio frequency spectrum;

g) the criteria and corresponding indicators for the assessment of the tender application and the attached documents;

h) the grounds for disqualification of a tenderer;

i) other data – by decision of the Commission.

3. The Commission shall ensure the publication of information on the announcement of the competition and the acceptance of tender applications within 1 month of its publication.

4. In order to obtain a licence, the licence applicant shall apply to the Commission with a tender application, which shall specify:

a) in the case of a natural person – name, surname, place and date of birth, data on registration, address, citizenship;

b) in the case of a legal person – the company name, legal form, legal address (location), data on registration in the Register of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, the name and surname of the person authorised to represent it, data on the partners, as well as on those shareholders who hold 5% or more of the shares;

c) by decision of the Commission, if the competition is announced for the acquisition of more than one licence, − the relevant licence/licences.

5. Participation in the competition shall be restricted for:

a) an administrative body, an official of an administrative body and another public civil servant;

b) a political party;

c) a legal person in which a share or shares are directly or indirectly held by the State or by a person defined by subparagraph „a“ or „b“ of this paragraph.

6. The application shall be accompanied by:

a) a plan for financing the activity to be carried out, information on the sources of financing and, for the amount determined by decision of the Commission, a bank guarantee;

b) an extract from the Register of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, and in the case of a natural person – a copy of the relevant identification document;

c) a technical proposal for the provision of a digital terrestrial television network, indicating the time limit for the commencement of practical activity;

d) the tariff conditions offered to broadcasters;

e) in the event of an offer to pay more than the initial price for the use of the exhaustible resource put up for tender – the respective offer;

f) other documentation – by decision of the commission.

7. Within 3 working days after the completion of the receipt of tender applications, the commission holds a preparatory session, at which the tender applications are considered and the sealed documentation attached to the said applications is opened in the presence of the licence applicants. In the event that the documentation is submitted incompletely by the licence applicants, the commission shall set them an additional period of 5 working days to ensure compliance of the documentation with the established requirements. It is prohibited to deliver a tender application and the documentation attached thereto to the commission in the form of a postal item.

8. Tender applications and the documentation attached thereto shall be available for public review within the following 20 days.

9. 20 days after the publication of the notice on the submission of documentation for public review, the commission holds an oral hearing.

10. In the event that the licence applicant fails, within the period determined by the commission, or does not ensure compliance of the documentation with the established requirements, or if it submits the documentation incompletely, the commission adopts a decision to leave the tender application unconsidered and to refuse the licence applicant participation in the tender, and in the event of establishing grounds for disqualification of a tenderer – a decision on its disqualification.

11. The commission conducts the tender at a public session.

12. When conducting the tender, the commission is guided by the principles of objectivity, transparency, publicity and non-discrimination.

13. The commission adopts a decision on identifying the winner of the tender, which must be reasoned in detail. The commission's decision on identifying the winner of the tender shall be disseminated through the mass media and/or the Internet.

14. The licence shall be issued to the winner of the tender within 5 working days after the winner of the tender pays the initial price for the use of the exhaustible resource. In the event of an offer to pay more than the initial price for the use of the exhaustible resource put up for tender, the amount exceeding the initial price for the use of the exhaustible resource shall be paid within 1 year after the issuance of the licence, in accordance with the schedule determined by the commission's decision on identifying the winner of the tender.

15. If a permit from other agencies is required for the use of the radio frequency spectrum, in order to obtain it in accordance with the one-stop principle, the winner of the competition is entitled to submit to the Commission the documentation required by Georgian legislation for this permit, and the Commission shall ensure the receipt of the appropriate permit from the relevant agencies. In this case, the Commission shall, within 5 working days from receipt of the appropriate documentation, apply to the relevant agencies and send them the documentation submitted by the winner of the competition. If, within the following 20 working days, a refusal to grant the permit is received from the relevant agencies, the non-compliance with Georgian legislation must be substantiated therein and the ways to remedy such non-compliance must be indicated. The winner of the competition shall be granted an additional period to remedy the said non-compliance.

16. The license holder shall be obliged to commence practical activity within the period determined by the Commission's decision on the issuance of the license.

17. Termination by the license holder of the use of the resource provided for by the license and of the practical activity carried out using this resource shall be permissible subject to prior notification to the Commission 6 months in advance.

18. For the provision of a digital terrestrial television network, the holder of a radio frequency spectrum use license, for the purpose of commencing practical activity, shall ensure:

a) installation, operational management and operation of the relevant elements of the electronic communications network in the geographical area defined by the license;

b) dissemination of a television signal using electronic communications networks and means, on the basis of the relevant authorisation, and carrying out economic activity in this manner;

c) admission of interested television broadcasters to the elements of the electronic communications network, their resources and capacities.

Law of Georgia of 20 February 2014 No. 2039 - website, 27.02.2014.

Article 52². Rule for the admission of a broadcaster authorised for terrestrial broadcasting to the open terrestrial multiplex platforms of the holder of a licence for the use of radio frequency spectrum for the provision of a digital terrestrial television network and of an authorised person holding a local digital terrestrial broadcasting network, in accordance with the Law of Georgia on Broadcasting🔗

1. The holder of a licence for the use of radio frequency spectrum for the provision of a digital terrestrial television network and an authorised person holding a local digital terrestrial broadcasting network shall, in accordance with the Law of Georgia on Broadcasting, admit broadcasters authorised for terrestrial broadcasting to open terrestrial multiplex platforms on non-discriminatory, uniform terms and cost-oriented tariffs, and shall also provide them with a uniform quality of service.

2. A broadcaster authorised for terrestrial broadcasting shall be admitted to the open terrestrial multiplex platforms of the holder of a licence for the use of radio frequency spectrum for the provision of a digital terrestrial television network and of an authorised person holding a local digital terrestrial broadcasting network, in accordance with the Law of Georgia on Broadcasting, in compliance with the principles provided for by this Law and the rules of priority and procedures established by the Commission.

3. When establishing the rules of priority and procedures provided for by this Article, the Commission shall give priority to the date of passing authorisation for terrestrial broadcasting, in accordance with the Law of Georgia on Broadcasting, by a broadcaster authorised for terrestrial broadcasting, and to those broadcasters authorised for terrestrial broadcasting, in accordance with the Law of Georgia on Broadcasting, whose programmes are transmitted in high-definition format.

4. Where free resource exists in the open terrestrial multiplex platform of the holder of a licence for the use of radio frequency spectrum for the provision of a digital terrestrial television network or of an authorised person holding a local digital terrestrial broadcasting network, the broadcaster authorised for terrestrial broadcasting, in accordance with the Law of Georgia on Broadcasting, that is first in the queue shall be entitled, within 2 months from passing authorisation for terrestrial broadcasting, to join the open terrestrial multiplex platform of the holder of a licence for the use of radio frequency spectrum for the provision of a digital terrestrial television network or of an authorised person holding a local digital terrestrial broadcasting network. If the said broadcaster does not exercise this right within 2 months, it shall move to the last place of the queue existing at that time.

5. In the absence of free resource in the open terrestrial multiplex platform of the holder of a license to use the radio frequency spectrum for the provision of a digital terrestrial television network or of an authorized person holding a local digital terrestrial broadcasting network, the 2-month period provided for by paragraph 4 of this Article shall be counted upon the release of a slot in the relevant open terrestrial multiplex platform capable of covering the broadcasting area requested by the broadcaster authorized for terrestrial broadcasting in accordance with the Law of Georgia on Broadcasting.

6. A broadcaster authorized for terrestrial broadcasting in accordance with the Law of Georgia on Broadcasting shall be obliged to commence terrestrial broadcasting within 15 working days from its inclusion in the open terrestrial multiplex platform.

7. A broadcaster authorized for terrestrial broadcasting in accordance with the Law of Georgia on Broadcasting shall lose its slot in the open terrestrial multiplex platform of the holder of a license to use the radio frequency spectrum for the provision of a digital terrestrial television network or of an authorized person holding a local digital terrestrial broadcasting network, if it does not carry out terrestrial broadcasting for more than 30 consecutive days or for 45 days in a year. In this case, the contract concluded between the broadcaster authorized for terrestrial broadcasting in accordance with the Law of Georgia on Broadcasting and the holder of a license to use the radio frequency spectrum for the provision of a digital terrestrial television network or the authorized person holding a local digital terrestrial broadcasting network shall be terminated, and the said broadcaster shall move to the last place in the queue existing at that time. The period during which the television broadcaster is unable to carry out terrestrial broadcasting due to violation of the terms of the relevant contract by the holder of a license to use the radio frequency spectrum for the provision of a digital terrestrial television network or the authorized person holding a local digital terrestrial broadcasting network, or due to the existence of force majeure (natural disaster, state of emergency, martial law and others), shall not be counted in the periods provided for by this paragraph.

8. The periods provided for by this Article shall not be counted and the queue shall automatically pass to the next broadcaster authorized for terrestrial broadcasting in accordance with the Law of Georgia on Broadcasting, if the broadcaster holding the first place in the queue, authorized for terrestrial broadcasting in accordance with the Law of Georgia on Broadcasting, applies in writing to the Commission with an application refusing placement in the open terrestrial multiplex platform or refusing to commence terrestrial broadcasting.

9. In the event of the absence of free resource in the open terrestrial multiplex platform of the holder of a licence to use the radio frequency spectrum for the provision of a digital terrestrial television network, in accordance with the Law of Georgia “On Broadcasting”, the holder of a licence to use the radio frequency spectrum for the provision of a digital terrestrial television network shall, within 1 month from the request of the broadcaster authorised for terrestrial broadcasting, apply to LLC “Georgian Teleradiocenter”, which, in turn, shall ensure the admission of the holder of a licence to use the radio frequency spectrum for the provision of a digital terrestrial television network to the free resource existing in the said open terrestrial multiplex platform, at cost-oriented tariffs.

10. In accordance with paragraph 9 of this article, LLC “Georgian Teleradiocenter” shall ensure the admission of the holder of a licence to use the radio frequency spectrum for the provision of a digital terrestrial television network to the free resource existing in the open terrestrial multiplex platform for the term determined by the relevant contract, but until the public broadcaster exercises the authority provided for by paragraph 2 of Article 17 of the Law of Georgia “On Broadcasting”.

Law of Georgia of 27 April 2016 No. 5021 – website, 13.05.2016.

Article 53. Modification of a licence🔗

1. The grounds for modification of a licence may be:

a) amendment of the legislation of Georgia in the field of electronic communications;

b) a reasoned request of the Commission or of the licence holder.

2. The decision on the modification of a licence shall be taken by the Commission.

Article 54. Revocation of a licence/right to use a depletable resource🔗

1. The grounds for revocation of a licence/right to use a depletable resource are:

a) request of the licence holder/person holding the right to use a depletable resource;

b) discontinuation by the licence holder of the use of the resource provided for by the licence and of the pursuit of practical activity using this resource for a continuous period exceeding 3 months or for 6 months within 1 year;

c) failure to commence practical activity within the period determined by the licence;

d) violation of licence conditions, where, after the licence holder has been fined, he/she continues a continuing violation and/or commits a new one-off violation within 1 year after the fine;

e) violation of the conditions of use of a depletable resource, where, after the person holding the right to use a depletable resource has been fined, he/she continues a continuing violation and/or commits a new one-off violation within 1 year after the fine.

2. Only the Commission has the right to revoke a licence/right to use a depletable resource.

3. In the event of revocation of a licence/right to use a depletable resource, the fee paid by the licence holder/person holding the right to use a depletable resource for the use of the depletable resource shall not be refunded to him/her.

4. In the event of expiry of the term of validity of a licence, the licence shall be considered revoked.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 – website, 30.12.2011

Law of Georgia of 23 December 2017 No. 1929 – website, 11.01.2018

Article 55. Use of territory in state ownership, land use, protection of electronic communication networks🔗

1. In order to ensure the protection of line means and facilities of electronic communication networks, the Government of Georgia establishes the rules for the protection of line facilities of electronic communication networks and their protection zones. Any land works in the protection zone of line facilities may be carried out only with the agreement of the owner of the line facilities.

2. Municipal bodies, in coordination with the Commission, shall develop transparent and non-discriminatory procedures for granting authorised persons the right to place electronic communication network systems, elements, technical means, equipment and additional resources on the territory and land plots in their ownership.

3. Operators of electronic communication networks have the right, on the basis of agreement with the owners (proprietors) of land and objects, to lay electronic communications on any section of land, on bridges, in tunnels, in streets, in engineering facilities, in collectors and in protected zones.

4. Natural and legal persons who design, construct and reconstruct social infrastructure shall, in cases provided by law, take into account and carry out the design, construction or reconstruction of engineering facilities for the purpose of placing electronic communication networks and means.

5. The works of design, construction and installation of electronic communication networks and means shall be carried out at the expense of the construction customer (orderer), in compliance with the technical standards established for the construction of electronic communication networks and means.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 24 November 2011 No. 5293 - website, 08.12.2011

Law of Georgia of 15 July 2020 No. 6962 - website, 28.07.2020

Article 56. Wide-format digital television broadcasting service🔗

1. Operators of public electronic communications networks that operate by means of a local access network in the field of provision of digital broadcasting to end users shall ensure the technical characteristics of their networks and technical means in such a way that they are able to carry out the transmission of wide-format digital television broadcasting signals and the distribution (distribution) of programs.

2. The operator of the transit connection (service) of a digital broadcasting provider, which carries out transit distribution (distribution) of wide-format digital television broadcasting signals to the end user, shall duly ensure the characteristics of the technical means of its network and the provision of wide-format television programs to the end user while maintaining the format.

Article 57. Interoperability of the digital interactive television broadcasting service and its provision🔗

1. The operator providing the digital interactive television broadcasting service shall ensure the use of an open application programming interface, and unrestricted access of interested authorised persons to the relevant elements of the digital interactive television network, including the subscriber's individual access system and the resources of the electronic index (guide) of programmes (services).

2. The operator authorised to provide digital television broadcasting networks and means shall ensure interoperability and compliance of open application programming interfaces with the established technical standards, and shall also provide the Commission with information on the characteristics of the selected application programming interface.

3. The operator authorised to provide digital television broadcasting networks and means shall ensure the provision to digital interactive television broadcasting service providers, on fair, reasonable and non-discriminatory terms, of all information of essential importance that ensures unrestricted access of interested authorised persons to their technical means, functional resources and operational capacities.

4. The operators providing the digital interactive television broadcasting service and digital broadcasting subscriber equipment shall ensure the interoperability of their own technical means and systems, as well as the availability, on non-discriminatory and transparent terms, of all information that ensures the uninterrupted and high-quality provision of digital television broadcasting services.

5. Digital broadcasting subscriber equipment intended for receiving digital interactive television broadcasting signals shall ensure:

a) decryption of coded signals received by the coding algorithm established in accordance with the standards defined by this Law;

b) clear and high-quality display of the transmitted digital television broadcasting signals on a television screen;

c) uninterrupted provision of the types of digital interactive broadcasting services to the end user;

d) interoperability of technical means and types of services.

Article 58. Standards in force in the field of electronic communications🔗

1. The list of European harmonised standards in force in the field of electronic communications shall be approved by the Government of Georgia.

2. Radio equipment and telecommunications terminal equipment shall comply with the essential requirements defined by the Regulation on certification of radio equipment and telecommunications terminal equipment.

Article 59. Certification of radio equipment and telecommunication terminal equipment🔗

1. Certification of radio equipment and telecommunication terminal equipment shall be carried out in accordance with the Regulation on Certification of Radio Equipment and Telecommunication Terminal Equipment approved by the Commission.

2. Certification of radio equipment and telecommunication terminal equipment shall be carried out by certification examination centres and laboratories accredited with the National Agency for Standardization, Metrology and Certification of Georgia upon the Commission's submission. In the event of violation of the relevant normative acts by an accredited examination centre (laboratory), the accreditation shall be revoked on the basis of the Commission's submission.

3. Certification of radio equipment and telecommunication terminal equipment shall be carried out in compliance with the relevant technical norms.

Article 60. Compliance with metrological norms for electronic communications means🔗

1. Metrological norms for electronic communications means shall be complied with by certification examination centres and laboratories.

2. The Commission shall, in accordance with the established procedure and within the scope of the powers conferred upon it, regulate and control compliance with the metrological norms for electronic communications means.

Article 61. (removed)🔗

Law of Georgia No 2564 of 28 December 2005 – LHG I, No 4, 18.01.2006, Art. 34

Article 62. Protection of Consumer Rights and General Rules of Service🔗

1. A consumer has the right to freely choose the type of service through public electronic communications networks and means.

2. In the field of electronic communications, the Commission shall supervise the protection of consumer rights and legitimate interests.

3. A consumer has the right to receive information, including on tariffs for provided or selected electronic communications services, conditions of service provision and settlement, and detailed billing information for the reporting period.

4. An electronic communications service provider shall be obliged to provide its subscriber, in accordance with established standards, with service on the basis of a duly executed contract, which shall include:

a) the name and address of the electronic communications service provider;

b) conditions on the type, quality and initial connection period of the provided service;

c) conditions for restriction and termination of service provision;

d) conditions for remedying damage;

e) detailed information on service tariffs, as well as on receiving updated information in the event of a change;

f) conditions of the contract term, termination and extension of the term;

g) compensation mechanisms provided for ensuring compliance with the quality of service provision envisaged by the contract and in the event of non-compliance with the said quality indicators;

h) the procedure for submitting complaints related to the service and for dispute resolution.

5. The Commission establishes the quality of service provision and supervises compliance with this quality by electronic communications service providers.

6. An electronic communications service provider shall be obliged to provide its subscriber with free reference service, including free information service on billing information and debt and a corresponding account.

7. An electronic communications service provider shall be obliged to make emergency service telephone numbers freely accessible to its subscriber.

8. The rules for the provision of services in the field of electronic communications and the regulations for the protection of consumer rights shall be determined by the Commission by a normative act.

Article 63. Procedure for Hearing a Dispute between an Electronic Communications Service Provider and an End User🔗

1. In the event of a dispute between an electronic communications service provider and an end user, the relations shall be regulated by this Law and other legislative and subordinate normative acts of Georgia.

2. An electronic communications service provider shall be obliged to create an effective internal mechanism for reviewing complaints and responding to them. In the event of violation by an electronic communications service provider of the requirements of the legislation of Georgia on consumer rights protection, the interested person shall have the right to apply to the electronic communications service provider itself and/or the Commission or directly to a court.

3. An electronic communications service provider shall be obliged to consider a complaint within 15 days.

4. (repealed - December 28, 2005, No. 2564);

5. The Commission shall consider consumer applications and complaints by oral hearing, in accordance with formal administrative proceedings, except for the exceptions established by the General Administrative Code of Georgia and cases where the resolution of the dispute does not require the implementation of organized procedures. The Commission shall consider only in accordance with public administrative proceedings those consumer applications and complaints which concern the interests of a wide circle of persons and are also related to matters provided for by paragraph 1 of Article 115 of the General Administrative Code of Georgia.

6. The chairperson of the oral hearing session shall be obliged to ensure the examination of circumstances important for the case, the request of documentation related to the matter, and the exercise by persons present of the right to express their opinion.

7. When hearing a dispute between an end user and an electronic communications service provider, the Commission shall be guided by the procedure established by Chapter V of this Law, unless a different rule is established by this Chapter.

8. A record shall be drawn up on the oral hearing. The record shall indicate: the name of the administrative proceedings in respect of which the hearing is convened; the name of the administrative body; the year, month and date, time and place of the hearing; the identity of the chairperson of the session, the interested party participating in the oral hearing, the expert, and the witness; the subject matter of the oral hearing, a brief summary of the submitted application; a brief description of the testimony of witnesses and experts; a description of the result of the inspection of the scene (if any).

9. The record of the oral hearing session shall be signed by the chairperson of the session and the secretary. The interested party shall have the right to review the record and, within 3 working days from review, submit comments on the record, indicating the presence of incorrect or incomplete information therein. If the Commission agrees with the comment, it confirms its correctness; if it does not agree, it issues an administrative act on the rejection of the comment.

10. The main purpose of the oral hearing is the resolution of the dispute through settlement between the parties.

11. Within 10 working days from the oral hearing, the Commission, on the basis of the legislation of Georgia, adopts a decision, which is binding on the parties for execution. Only a member of the Commission who participated in the oral hearing shall have the right to participate in the vote held in connection with the adoption of the decision.

12. If the fact of a violation is established, the Commission adopts a decision on the application of sanctions against the violating person and the restoration of the violated right.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Article 64. Transitional Provisions🔗

1. Within 1 year from the entry into force of this Law, the Commission shall carry out the automatic authorisation, in accordance with this Law, of all licensed persons carrying out activities in the field of electronic communications and shall issue the relevant certificates, and shall also modify, in accordance with this Law, the licences held by those persons who use a scarce resource.

2. Any person who uses a scarce resource for in-house production and technological purposes, for non-commercial purposes, shall, within 6 months from the entry into force of this Law, ensure that the activity carried out by it complies with the requirements of this Law.

3. The transition to the new national numbering system shall be carried out before 1 January 2011, in accordance with the procedure determined by the Government of Georgia. Electronic communication network operators, persons owning departmental networks and providers of electronic communication services shall ensure, at their own expense, that network systems comply with the new national numbering system.

4. (Removed - 28.12.2005, No. 2564);

5. The Government of Georgia shall, before 1 May 2009, submit to the Parliament of Georgia for consideration the draft Law of Georgia "On Postal Communication".

6. Upon the entry into force of this Law, the Law of Georgia "On Communications and Post" shall be considered invalid.

7. The Commission shall, within 1 year from the entry into force of this Law, adopt the following normative acts:

a) "On Universal Service in the Field of Electronic Communications";

b) On approval of the "National Plan for the Distribution of the Radio Frequency Spectrum";

c) On approval of the "Regulations on the Rules for the Provision of Services in the Field of Electronic Communications and the Protection of Consumer Rights";

d) On approval of the "Regulations on Holding an Auction for the Acquisition of the Right to Use the Radio Frequency Spectrum and/or the Numbering Resource";

e) On approval of the "Methodological Rules for Determining the Relevant Segments of the Service Market and Analysing Competitiveness";

f) On approval of the "Methodological Rules for the Separate Allocation of Cost Accounting and Expenses by Authorised Persons".

7¹

. The Commission shall, by 1 February 2012:

a) adopt a Resolution on approval of the "Rules for the Issuance, Use and Accounting of the Numbering Resource";

b) bring the Resolution "on approval of the Regulations on Holding an Auction for the Acquisition of the Right to Use the Radio Frequency Spectrum and/or the Numbering Resource" into compliance with this Law.

8. Before the full transition to the authorisation system, every license holder carrying out the activity defined by paragraph 2 of Article 36 of the Law of Georgia "On Communications and Post", which uses radio frequency spectrum in its activity (except holders of broadcasting licenses and holders of those licenses to which radio frequencies were assigned for in-house production and technological purposes, for non-commercial purposes, or for organising special communication networks for carrying out state defence, security, law enforcement and environmental monitoring measures), before the adoption of the normative act of the Commission "On Approval of the National Plan for the Distribution of the Radio Frequency Spectrum", shall use these radio frequencies only for the activity defined in its license.

9. The European harmonised standards in force in the field of electronic communications and recognised in Georgia before the entry into force of this Law are defined by the "Regulation on Certification of Radio Equipment and Telecommunications Terminal Equipment".

10. (Deleted – 8 April 2011, No. 4526).

1¹. (Deleted – 27 June 2008, No. 67).

12. The National Communications Commission of Georgia shall declare invalid Resolution No. 10 of the National Communications Commission of Georgia "On Universal Service in the Field of Electronic Communications".

13. (Deleted – 1 August 2014, No. 2632).

14. The funds in the special account of the National Communications Commission of Georgia opened for the purpose of ensuring universal service shall be transferred to the State Budget of Georgia.

15. (Deleted – 27 June 2008, No. 67).

16. The Commission shall, by 1 May 2011, adopt a Resolution "On Approval of the Regulation on the Portability of Subscriber Numbers".

17. Those holders of a license for the use of a resource provided for by this Law who do not have a deadline for commencing practical activity shall commence practical activity by 1 September 2011.

18. Persons to whom, before 1 February 2012, a license for the use of numbering resource was issued by the Commission on the basis of this Law, or who were granted the right to use numbering resource by a decision of the Commission, retain the right to use numbering resource for the respective period defined by the Commission's decision on the validity of the license/grant of the right to use numbering resource.

19. The Head of the State Security Service of Georgia shall, by 1 September 2015, determine by an appropriate act the architecture and relevant interfaces for the technical capability of providing information in real time.

20. The right to use the radio frequency spectrum which authorized persons use for intra-technology and/or auxiliary technological, non-commercial purposes and the licence for the use of which was obtained on the basis of paragraph 10 of Article 64 of the Law of Georgia “On Electronic Communications” in force before the entry into force of the Law of Georgia of 8 April 2011 No. 4526-Is “On Amendments and Additions to the Law of Georgia ‘On Electronic Communications’”, for the period following the expiry of the term of the said licence, shall be acquired in the manner established by paragraph 4 of Article 47¹ of this Law, by granting on the basis of a decision of the Commission. After the expiry of the term of the licence provided for by this paragraph, its term shall not be extended.

21. The Commission, in the manner established by Articles 26 and 27 of this Law, shall, before 1 January 2026, examine the transaction by which a direct or indirect acquisition of a share or shares and/or assets of an authorized person/licence holder provided for by this Law takes place, or the merger of persons of which at least one is a person defined by this paragraph and the other is not an economic agent of a regulated sphere of the economy, regardless of whether the said transaction is a concentration provided for by Article 11 of the Law of Georgia “On Competition”.

22. An authorized person owning a local digital terrestrial broadcasting network, to which, in accordance with paragraph 8 of Article 2 of the Law of Georgia “On Amendments to the Law of Georgia ‘On Electronic Communications’” (Legislative Herald of Georgia, 27.02.2014, registration code: 320110000.05.001.017341), the necessary radio frequency resource was granted free of charge for a period of 10 years for the formation of a local digital terrestrial broadcasting network, and which uses the radio frequency spectrum in the manner established by this Law, the term of the right to use the radio frequency resource shall be extended on the same conditions once, free of charge, for 10 years, by a decision adopted by the Commission through simplified administrative proceedings. The said authorized person shall apply to the Commission with an application on the extension of the term of the right to use the radio frequency resource 1 month before the expiry of the term of this right.

Law of Georgia of 28 December 2005 No. 2564 - LHG I, No. 4, 18.01.2006, Art. 34

Law of Georgia of 8 December 2006 No. 3921 - LHG I, No. 46, 13.12.2006, Art. 310

Law of Georgia of 27 June 2008 No. 67 - LHG I, No. 12, 14.07.2008, Art. 89

Law of Georgia of 26 December 2008 No. 888 - LHG I, No. 40, 29.12.2008, Art. 292

Law of Georgia of 8 April 2011 No. 4526 - website, 02.05.2011

Law of Georgia of 20 December 2011 No. 5546 - website, 30.12.2011

Law of Georgia of 1 August 2014 No. 2632 - website, 12.08.2014

Law of Georgia of 8 July 2015 No. 3929 - website, 15.07.2015

Law of Georgia of 23 December 2017 No. 1929 - website, 11.01.2018

Law of Georgia of 16 September 2020 No. 7131 - website, 21.09.2020

Law of Georgia of 16 April 2025 No. 460 – website, 17.04.2025.

Article 64¹. Effect of the Law🔗

If this Law establishes a rule different from the Law of Georgia “On Licences and Permits” for the issuance of licences in the field of electronic communications and the conduct of verification of compliance with licence conditions, as well as a different form and/or amount of liability, this Law shall apply.

Law of Georgia of 28 December 2005 No. 2564 – LHG I, No. 4, 18.01.2006, Art. 34

Article 65. Normative acts declared invalid🔗

1. Upon the entry into force of this Law, the following shall be considered invalid, of the Commission:

a) the Resolution of 1 September 2000 on the approval of the Regulation “On the rules and conditions for the re-registration of holders of a licence for activity in the field of communications”;

b) the Resolution of 10 July 2001 on the approval of the Regulation “On the interconnection of communication networks”;

c) the Resolution of 20 December 2002 on the approval of the Regulation “On determining the initial amount of the licence fee for services of international telephone communication using a code and for activity using the frequency spectrum, and on the rules for payment of the licence fee”.

2. Upon the adoption by the Commission of a normative act in accordance with this Law, all other relevant normative acts regulating the relations provided for by the normative act adopted by the Commission shall be considered invalid.

Article 66. Entry into force of the Law🔗

1. This Law, except for Article 45, shall enter into force upon publication.

2. Article 45 of this Law shall enter into force on the 15th day after publication.

President of Georgia

M. Saakashvili

Tbilisi,

2 June 2005

No. 1514-Is