Telecommunications law

  • Comprehensive legal assistance as regards Polish and European Union law of electronic communications for telecommunications market participants, including domestic and foreign infrastructural operators (of mobile and fixed networks), mobile virtual network operators (MVNO), Service Providers, industry organisations and associations and regulatory authorities.
  • Counsel on regulatory strategies, accounting for current regulatory trends and technological changes.
  • Counsel and involvement in legislative processes, designing and drafting opinions on amendments to law applicable in the communications sector.
  • Counsel on frequency management and assistance to frequency selection procedures (tenders and auctions), counsel on forming terms of selection procedures, drafting consultation documents, preparing tender / auction bids, counsel on bidding strategies, involvement in frequency allocation proceedings and proceedings to cancel a tender / auction (court and administrative proceedings).
  • Assistance to complex market transactions and multidimensional analysis of various telecommunications projects.
  • Assistance to operators’ co-operation, negotiating and drafting agreements (including domestic roaming, MVNO access, M2M, F2M, F2F network connections, co-operation in convergent products).
  • Representing Clients in relations with regulators, in court and administrative proceedings.
  • Managing affairs and counsel in the area of wholesale access (MTR, FTR, WLR, BSA, LLU, underground conduit system, line rental), regulations concerning telecommunications relevant markets, reference offers (RIO, WLR, BSA, LLU, ROI, RLLO), cost calculation and regulatory accounting.
  • Business mediation and managing negotiations between telecommunications market participants.

/selected projects of the Telecommunications Practice team /

  • Legal analysis of alternative operator’s claims under private enforcement brought against another operator in connection with the breach of EU competition law governing the wholesale market of BSA products; scenario analysis for proceedings before the EU Court of Justice in Luxemburg, drafting and negotiations of an out-of-court settlement concluded on behalf of the Client in the case (2014).

  • Involvement in development of a strategic concept of the fourth mobile operator entering the Polish market (2004), assistance of start-up, transactions and regulatory proceedings necessary to prepare the operator to effectively enter the market and carry on commercial activities (2005-2007), ongoing legal advice to the operator on the way to a market success (2007-2014).

  • Legal assistance upon 7 selection procedures (tenders and auctions) for radio frequencies (2005-2014) – developing changes to tendering /auction terms and assistance to the national consultancy process, preparing bids and bidding strategies (9 winning bids), assistance to frequency allocation proceedings and appeal proceedings before the President of the Office of Electronic Communications and administrative courts (obtaining final and unappealable decisions beneficial for Clients in all completed appeal proceedings). / Total value of such proceedings: over PLN 3 billion.
  • Legal assistance to more than 20 transactions (in Poland and abroad) concerning wholesale access to mobile network (domestic roaming, MVNO, service provider-based access), negotiating and developing contracts, including the largest in Europe domestic roaming agreement (2005-2013). / Total value of such transactions: more than PLN 1.5 billion.
  • Legal assistance, negotiating and drafting a few dozen agreements between telecommunications operators on wholesale network connection co-operation (M2M, M2F, F2F), counsel on agreement performance and assistance upon operator disputes in court and administrative proceedings (2000-2014).
  • Involvement in negotiations and developing a Regulatory Agreement between the President of the Office of Electronic Communications and Telekomunikacja Polska S.A. (2009).
  • Involvement in legal  assistance upon the privatisation process of a national operator (2000).
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Responsible partner

Joanna Łabudzka

joanna.labudzka@smmlegal.pl