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  General Information

Law on Electronic Communications - Telecommunications, Audiovisual & E-Commerce




Following the opening of the electronic telecommunications sector to competition at the beginning of 1990, the legal and institutional scene has considerably changed in France and in Europe. Two series of EU directives were already introduced in 1996 and 2002. In France, the role of the Electronic Communication and Postal Services Regulatory Authority (ARCEP) has significantly grown in terms of issuing opinions and decisions aimed at guiding operators' actions and settling disputes relating to network interconnection.

The intensive internationalisation of the sector and the heightened competition between the various landline and mobile communication, audiovisual and telecommunication networks have increased the requirement for a legal and institutional approach based on a high level  of expertise and the capacity for a strategic response.

Our practice areas

  • Providing strategic advice for new players on the electronic communications market (telecommunications, audiovisual or e-commerce)
  • Managing relations with the regulatory authorities for the relevant sectors in France (Electronic Communication and Postal Services Regulatory Authority, Audiovisual Board, General Directorate on Competition, Consumption and Fraud Prevention, Data Protection Authority, Competition Board, etc) and in Europe (European Commission, European Parliament) in particular relating to:
    - requesting licences or sector-specific authorisations (UMTS, BLR or WiMax licences, agreements with the Audiovisual Board, right to use terrestrial frequencies, access to the public domain to construct or install communication facilities, etc.)
    - activity declarations required by regulations
    - checking the validity of taxes and fees collected by operators
    - settling disputes between operators, in particular with regard to network or interconnection access
    - representing our clients' interests in the European legislative process (negotiating directives and other texts) and the national legislative process (transposition of EU texts into French law, requests for commentaries made by the public authorities)
  • Negotiating and entering into contracts between operators or with their suppliers, in particular relating to:
    - purchases of specific facilities
    - access to access to land or mobile networks (unbundling agreements, MVNO-style, etc.)
    - interconnection
    - supplying capacities, on fixed, terrestrial or satellite networks or mobile networks
    - infrastructure sharing
    - technology transfers or partnerships, etc.
  • Providing representation in proceedings brought with regard to competition law (agreements in restraint of trade, abuse of dominant position, unfair competition) before the Competition Board, the European Commission and/or the commercial courts
  • Providing assistance with regard to relations between operators and their customers:
    - drawing up general terms and conditions of sale or service
    - complying with regulations relating to e-commerce and, in particular, the protection of privacy (relations with the Data Protection Authority)
    - approving distribution, marketing, distance sales activities, etc.
  • In general, managing dispute resolution procedures:
    - before the national administrative authorities (Electronic Communication and Postal Services Regulatory Authority and Audiovisual Board)
    - before the European authorities (European Commission's Competition General Directorate and Information Society General Directorate)
    - before the arbitration courts
    - before national civil, commercial or administrative courts
    - before European courts (Court of First Instance of the European Communities and the Court of Justice, European Court of Human Rights)

Our approach

Our lawyers' sound knowledge of the players and the challenges in the sector, including the technical and economic aspects, along with the French and European institutional structures enable us to apply our legal expertise for negotiations, drafting contracts and agreements, representing clients before the national and European regulatory authorities and the courts.

Our clients

We advise large French and international groups along with medium-sized enterprises, who wish to penetrate the various electronic communication markets or diversify and develop their operations on this market.

We also occasionally advise national and European regulatory authorities.

Our team

CMS Bureau Francis Lefebvre has one of the most reputed teams specializing in law on electronic communications and information technology, which plays an active role in large cases before the Electronic Communication and Postal Services Regulatory Authority, the Commercial Courts and Courts of Appeal, the Competition Board or the European Commission.

Through the CMS alliance, our lawyers are full members of the Practice Area Groups specializing in information technology and telecommunications and actively participate in reflecting on joint stances to major legal and institutional challenges facing electronic communication activities in Europe and throughout the world. This permanent know-how sharing significantly benefits our international clients.







CONTACT 
Associate
Benoît Philippe

DOCUMENTATION 
[pdf] CMS Telecoms Flashlight - A CMS Newsletter July 2006
 

© 2002-2007, CMS Bureau Francis Lefebvre - Avocat Droit Fiscal - Avocat Droit Social - Avocat Droit des Sociétés
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