Electronic Communications Law

Since 1997, BENCZEK Rechtsanwalt has accumulated significant experience in all aspects of electronic communications law. The office’s experience extends to representing clients in regulatory matters before the German national regulator, other national authorities and the EU Commission and as well as to advising alternative operators on a variety of regulatory issues. More recently, Dr. Benczek has been a member of a team advising over a period of 18 months on market definition and market analysis for the purpose of ex ante regulation to the national regulatory authority in an EU member states.

The office’s experience further extends to advising on network access and interconnection agreements between incumbent operators and new entrants, to advising on all types of infrastructure deals and related arrangements between operators and to on advising on dealings between operators and their respective customers, including value added service providers and large corporate clients. The office’s lead attorney was also involved in corporate transactions and in the structuring of large turn key projects relating to the upgrade of cable networks.

 

Advising on conduct of dominant undertaking under the rule of competition laws, advising on regulatory approaches considered by National Regulatory Authorities, as well as advising on state aid issues and EU structural funding for infrastructure projects are more recent additions to the service portfolio.  

 

Over a period of 4 years, the office’s lead attorney was member of the steering committee advising to the German operations of an incumbent operator from another EU Member State. In addition, the office underpins its capabilities by way of reference to contributions from its lead attorney to numerous studies for the European Commission.  

 

A selection from the range of regulatory and commercial matters with respect to which services are provided is listed immediately below:

 

·         Regulatory Matters 

·         Regulatory Analsis (SMP analysis, network access, NGA,)

·         Advice on conduct under competition rules (e.g. margin squeeze issues)

·         Public Procurement and Sate Aid and Infrastructure Deployment

·         Dispute resolution procedures before NRA’s (‘Article 5 procedures’)

·         Allocation of Frequencies and license Applications (e.g. WiMax) 

 

·         Operator Relations:  

·         Strcuturing of contractual relationships , including:  

·         NGN’s / NGA access – Access to passive infrastructure – In-house wiring

·         Interconnection, Peering, LLU and broadband access agreements

·         Indefeasible Rights of Use Agreements (‘IRU’), Capacity Lease Agreements, Infrastructure and Capacity Swap Agreements

·         Service agreements with Value Added Services providers 

 

·         Commercial and Transactional Relations 

·         Regulatory and sector specific commercial due diligence in relevant transactions

·         Regulatory assessments in high yield bond offering memoranda

·         Turn Key Contracts between Network Operators and Providers of Network Upgrade Services and Network Equipment (e.g. for CATV cable networks)

·         EU Structural Funds for infrastructure projects

For further information on selected topics, please click on the relevant icon displayed in the column on the right side or contact Dr. Pius  Alexander Benczek under abenczek@benczek.eu .

 

© Dr. Pius Alexander Benczek 2008

 

 

 • Telecommunications law  • electronic communications  • EU Regulatory Framework  • SMP analysis  • network access  • duct access  • interconnection  • NGN  • NGA