Telecommunications and Media

Just as the needs of this market’s participants are constantly expanding and rapidly changing to meet the competitive forces shaping their business worlds, our Telecommunications and Media practice is constantly reinventing itself.

We don’t do this to keep up with our clients. Instead, we strive to stay one step ahead of them in terms of our ability to provide the legal skills and insights that help them respond to the many challenges and opportunities faced today, and that will shape their business success tomorrow.

True to our firm’s distinct multidisciplinary approach, our team collaborates closely with the relevant practice groups, including contracts, dispute resolution or tax, as needed, to offer the right blend of expertise, experience and know-how to meet each client’s specific needs and expectations.

Our team provides comprehensive, commercially-aware legal advice in a wide and continually evolving range of complex regulatory matters, such as:

• the authorization of telecom and media operators
• implementation of domestic and EU legislation
• public consultation on primary and secondary legislation
• implementation of special projects in the fields of telecom and media
• negotiating, drafting and reviewing contracts
• start-to-finish representation before regulatory bodies in arbitration and in litigation

Electronic Communications Sector

In the electronic communications sector, we are regularly engaged to provide insights thanks to our extensive experience with:

• fixed and mobile communication services
• interconnection
• roaming
• data transmission services
• satellite
• numbering resources licenses
• frequency licenses
• directory services
• leased lines

We advise our clients on any regulatory matters deriving from the Romanian legislation. Our in-depth analyses and memoranda might deal with complex legal issues, but they are rooted in our clients’ day-to-day business activity and long-term business objectives.

Examples of our work in the telecommunications field include assistance and support to:

• the local subsidiary of a major French telecom operator, concerning the selection procedures and awarding of rights to radio frequencies in the most significant distribution in the Romanian telecommunications industry
• the implementation of a project consisting in the outsourcing of build, run and other roll-out operation activities from our client towards the local presence of one of the biggest telecom vendors worldwide
• the legal survey ordered by the European Commission with respect to the implementation of the MSS and CGC authorization regimes and their enforcement in Romania
• a major mobile operator, in relation to the mobile and fixed termination rates, which included a determination of the costs for the provision of certain wholesale electronic communications services in Romania
• a multinational communications corporation, in relation to the legal framework governing the lawful interception by local authorities of communications in Romania
• the local branch of a large American car manufacturer, in connection with the implementation of eCall devices, as well as the emergency calls framework regulations
• a worldwide hardware supplier, in relation to a comprehensive questionnaire to determine the appropriate legal structure and local regulatory requirements for the provision of VoIP services in Romania
• a satellite provider, concerning the right to provide electronic communications services and networks in Romania on a permanent basis
• an American telecommunications and internet provider, in connection with its complex electronic communications services contracts with its commercial end-users
• the largest directory enquiry and directory assistance provider, concerning the transfer of short codes to a Romanian and to a Greek company
• the Romanian subsidiary of a major British telecom operator, on various day-to-day regulatory and commercial matters, including regulatory issues for the provision, in parallel, of third generation and second generation electronic communications services

Media Sector

We guide our clients in the media sector to successful responses to the ongoing evolution of the regulation of media enterprises in Romania. We keep them up-to-date on new legislation, documentation, and reporting requirements, and other formalities that operators must file with government regulators.

We draw on the experience, knowledge, and business insights of professionals in each practice of our firm to provide an integrated and comprehensive response to the unique characteristics, challenges and opportunities raised by each client’s business.

Examples of our work in the media sector include services and support delivered to:

• a major communications operator, in the implementation of a TV project consisting of services to be provided to end-users via DTH (satellite) and OTT (PC, mobiles and tablets) platforms
• a major cable operator, in a challenge to the intent of the Romanian Government to issue a Government Emergency Ordinance to amend the Audiovisual Law
• a large media and entertainment company, for which we regularly conduct due diligence exercises on the regulatory life of the companies that comprise our client’s Romanian media group
• a TV worldwide programs broadcaster, concerning regulatory matters related to the broadcasting and distribution in Romania of its TV program services

Contracts

Drafting, negotiating, and reviewing a wide range of contracts specific to the IT, electronic communications, and media sectors represents “the norm” for our lawyers who frequently  deal with legal aspects regarding:

• interconnection or network access
• roaming, co-location, and facility sharing
• value added services
• directory services
• communications services to end-users for mobile, fixed or data transmission services, or leased lines contracts
• media content distribution, via OTT or DTH platforms

We also advise on contracts of a technical nature, such as:

• turn-key projects for telecommunications
• hardware supply or system delivery
• support services
• software and related licensing contracts

Dispute Resolution

Regulated industries increasingly generate situations when dispute resolution is the only way forward – consequently, we are well equipped to provide legal advice in all stages of disputes arising in the telecom and media sector. Our representations include disputes with other operators in interconnection agreements or court challenges of decisions issued by regulatory bodies.

Working closely with our Dispute Resolution practice, we guide our clients during each step of the process: from drafting and preparing arguments to representing clients in hearings before regulatory bodies, courts or arbitration panels.

Legislation

Being part of the development of the law complements our ability to help our clients anticipate, understand and make well-informed responses to the ongoing evolution of the electronics communications market.

With this in mind, we frequently contribute to reviewing and proposing amendments to the primary and secondary legislation governing the electronic communications sector, such as:

• the new telecommunications law
• award of radio frequency licenses
• directory services legislation
• universal services legislation
• numbers licensing
• dispute resolution of special importance to electronic communications businesses operating in Romania