Regulation of e-communication

Building on a close working partnership with over twenty telecoms regulators in the world (in particular the ARCEP in France), for some 15 years now Gide has been acting for network operators and telecom service providers on all regulation topics, in particular as regards the management of rare resources, the granting of licences, the launch of new services, the roll-out of new networks and control and sanction proceedings.

Pricing, competition and distribution regulation

In close cooperation with technical and economics experts specialising in e-communication, we act for operators and regulators on analysing and determining various markets that are relevant to electronic communication, as well as the assessing / contesting of solutions (ex ante or ex post sanctions). Whether regarding pricing regulation, interconnection, unbundling, co-rental conditions, or distribution conditions for new added-value services, Gide acts very regularly before national and European bodies to defend the interests of operators or to advise regulation authorities in charge of these conflicts.

Acquisitions & Privatisations

Our high-level knowledge of the telecommunications market’s specifics and limitations places us in an ideal position to act both on regulatory aspects and transactional cases. As regards the acquisition of operators, the perfect command of technical stakes and regulation in over thirty countries worldwide, particularly in Europe, the Middle-East and Africa, is the added value we bring to our clients, enabling us to find creative solutions to their often complex issues.

Dispute resolution and arbitration

Our lawyers in the Telecommunications team represent their clients before the sector’s regulation and competition authorities and courts, including in cross-border procedures involving aspects of civil and common law. They are frequently called upon to act in national and international arbitration procedures alongside operators, equipment manufacturers and regulatory authorities.

Satellite

Gide’s Telecommunications team is commended for its expertise in satellite-related matters (acquisition, financing and running of satellite systems, obtaining licences, orbital position, bandwidths).

Experience includes:

• Advising thirty government authorities for over 15 years, in particular in Africa, on drafting and strengthening the regulatory and legislative context applicable to telecommunications and electronic transactions
   
• Advising an electrical sector operator on the regulatory aspects of using the telecommunications capacity of its fibre optic networks
   
• Advising several governments on granting telecommunications licences
   
• Advising a French telecommunications operator on the regulatory and tax aspects of marketing conditions for value-added telecommunications services. Gide acts on structuring the conditions for operations and interconnection agreements
   
• Assisting several African governments on PPP projects regarding the connection and operating authorisations for the international ACE submarine cable, and on the roll-out of backbone infrastructure
   
• Advising a major telecommunications company on an international arbitration case regarding using the orbital position of a space station
   
• Advising several telecommunication equipment manufacturers on authorisation requests from ANSSI, for various items of equipment that require specific approval prior to sale in France

Gide Loyrette Nouel A.A.R.P.I.'s team is well-equipped to handle matters involving regulatory issues surrounding the implementation of connectivity services, and the rolling out of fibre broadband and networks. It has experience advising European operators on their regulatory obligations and the formalities across the sector; alongside its domestic work, the team has a particular presence in Africa, frequently advising on updates and modernisations to telecoms and the delivery and deployment of relevant equipment. Senior associate Dane Tacchini, noted for her 'mastery of telecoms law', is the practice head.

Legal 500 EMEA 2023 - Telecoms