Telecoms

Brodies has experience advising telecom sector clients throughout their lifecycle, from incorporation and initial fundraising, right through to large scale strategic level investment and lending rounds. We deploy the strength and depth of our full-service capability to support clients at each stage of the process, collaborating to resolve issues as they arise and achieve the best possible outcomes.

Brodies' M&A lawyers have a wealth of experience in the telecoms sector. We understand the challenges of M&A deals and can deploy sector specific knowledge to support clients through transactions.

Our construction, infrastructure and projects team has extensive experience advising network operators in relation to construction contracts for a variety of broadband infrastructure projects, including advising successful bidders in relation to the various Project Gigabit opportunities (both in England and Scotland).

Our expertise includes advising on contract structure and sub-contracting strategy, drafting and negotiating contracts with suppliers and preparing ancillary documents (such as agreements for traffic management) ensuring comprehensive support for every phase of project delivery.

Our market leading restructuring & insolvency team provides focused advice in relation to distress in the telecoms sector. This includes advising those who are themselves are in financial distress or to those who find themselves impacted directly or indirectly and/or by the insolvency of those operating in the sector.

We are highly experienced working in regulated sectors and can assist with equity and financial restructurings, enforcement and formal insolvency appointments, contingency planning, business loan and asset sales/acquisitions arising from insolvency or non-performance, asset recovery and challengeable transactions. Our advice ranges from transactional, advisory to litigation support.

Our real estate lawyers have knowledge and experience across all aspects of the Electronic Communications Code as it applies to land and buildings, acting across the spectrum of stakeholders including fixed line and mobile operators, landowners, investors and occupiers.

We advise on the drafting and negotiation of mast site leases, fibre wayleaves, easements and servitudes, multi-site/umbrella agreements and the negotiation of compensation claims, statutory procedures for the acquisition of code rights (permanent and interim), the termination and renewal of telecoms agreements and the removal of telecoms apparatus and, working collaboratively with our Disputes team, on any contentious matters.

Our specialised telecoms lawyers regularly advise operators in the telecoms sector on day-to-day commercial contract matters and operational arrangements to build, provide and maintain fibre, mobile and telecom services. Our expertise ranges from diligence, preparation and negotiation of wholesale agreements, B2B and consumer terms and conditions, service level agreements, intragroup and transitional service arrangements, supply chain contracts for telecoms technology, contracts for fixed and mobile telephony and dark fibre, and contracts for the procurement of goods and services.

We also advise site operators on contracts for the installation and management of distributed antenna systems and the provision of 5G and Wi-Fi connectivity. By ensuring robust agreements we are able to support our clients to mitigate risk and drive business success.

Our telecoms lawyers have extensive knowledge of public funding and subsidy in relation to telecoms infrastructure under the UK Government’s Project Gigabit, and UK and Scottish Government broadband voucher schemes. Our highly specialised team has advised several operators on successful bids under Project Gigabit subsidy scheme to deliver gigabit capable broadband infrastructure across the UK. We are uniquely placed to advise prospective bidders in relation to subsidy control, procurement and commercial contract issues under a restricted procedure, including corporate governance, contract management, implementation of a checklist of operational policies/procedures to support compliance with the contract, and flow down terms with its subcontractors, to manage and mitigate risk, while ensuring compliance with the demanding terms of the contract.

We also have supported clients in their engagement with investors and helping them to understand and navigate subsidy control rules and the key terms of the Project Gigabit contracts. We also provide ongoing support in relation to project delivery, including change management and implementing wholesale arrangements to make publicly funded infrastructure available to third party operators.

Our market leading team provides regulatory and advisory expertise including advice on OFCOM regulatory matters and consumer protection rules, Code Powers, telecoms network security, data protection and data retention, and cyber risk, in each case guiding clients through the complex telecoms regulatory landscape, ensuring compliance with national and international standards, and minimising legal exposure.