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TECHNOLOGY,
TELECOMMUNICATIONS
AND MEDIA
Evolving and converged technologies with expanding data communications and media service offerings are fiercely driving market competition. They are also demanding operators and businesses to focus on their core strengths and to lead in intelligent industry trends to become or remain strongly revenue-producing and viable. Specifically with respect to the international telecommunications market, technological evolution is increasingly fast paced. One single piece of equipment can now deliver a range of different services, whereas previously each service tended to require separate equipment and investment. In contrast with this dynamism, regulation often fails to keep up with market development. Licenses tend to limit the number of services that can be provided by license holders, so entry in new services markets in many countries is slowed or prevented. Convergence in technology platforms and different services favors business models that seek to maximize technology investment returns. Quite naturally, clients are reluctant to enter certain international markets and commit investments if the regulatory and licensing framework dictate that they can only use a limited portion of the functionality available.
WMR tracks clients’ industry and market challenges and provides innovative guidance and proposed solutions for all of our clients’ technology, telecommunications and media services needs. WMR attorneys constantly monitor technological changes, our clients’ diverse country and services markets with their accompanying business challenges, as well as the evolving legal and regulatory policies. WMR attorneys embrace these challenges and propose adjustments in order to provide clients with forward looking and creative approaches, based on the most practical and broadest range of legal and policy considerations and guidance in expanding clients’ services offerings and successfully entering new markets.
WMR attorneys have been involved in promoting the advancement of progressive regulatory frameworks and creative commercial arrangements in various countries based on international best practices and with great sensitivity in adjusting such practices to appropriately reflect both country and client specific needs and characteristics. Cooperative and assertive steps on behalf of clients is imperative for them to maintain their competitive market position, as certain regulatory structures must be modified to reflect evolving technology and the market realities of new lines of business.
WMR provides a complete range of support services for diverse Technology, Telecommunications and Media services industries covering each aspect of our clients’ businesses from corporate industry structuring matters, regulatory and licensing approvals and compliance, commercial transactions, international procurements, financing structures, collaboration and teaming agreements, strategic alliances, industry specialized services and regulatory agreements, marketing and licensing agreements, outsourcing agreements, policy advocacy, administrative rule-makings and litigation.
We have served clients ranging from well-established international telecommunications and technology corporations to emerging entrepreneurs, international public and private entities, foundations and industry associations. Our clients include foreign government entities, domestic and international telecommunications operators, subsea and terrestrial fiber cable operators, wired and wireless broadband and Internet Protocol voice, media and Internet service providers, international cable media, data and broadband companies in numerous countries, as well as specialized technology equipment manufacturers and services vendors. We also assist industry entities with their international and domestic government and private procurement proposal preparations, negotiations and final contract supply agreements. WMR attorneys have experience working with venture capital firms, investment banks and other investors in the telecommunications and technology industries. WMR is committed to uniquely supporting and addressing each client’s needs.
TECHNOLOGY &
TELECOMMUNICATIONS
WMR prides itself in providing expert information technology and telecommunications legal and consulting services for domestic and international service operators and equipment suppliers in the Americas and other high growth international regions. Our attorneys have extensive experience in finding creative approaches to implementing new technologies and services in domestic and international high growth markets challenged by their existing legacy regulatory frameworks.
WMR experience includes, among others:
LICENSING AND
REGULATORY COMPLIANCE
- Advising international service providers (and their affiliates) on licensing requirements and entering and conducting business in the U.S., Latin America, Caribbean countries, Canada, as well as other international high growth markets and regions earlier noted in our Firm Profile;
- Assisting clients with application preparations in obtaining licensing and concession authorizations and other regulatory approvals required to enter into new country markets or providing new services in existing markets;
- Assisting clients with on-going regulatory compliance, including annual reporting, regulatory fees, Government National Security Agreements and reporting, among other issues;
- WMR attorneys also address national security and law enforcement compliance, which has become increasingly important for both technology and telecommunications companies.
Transactions and Procurement
- Drafting, negotiating and arbitrating interconnection, co-location and other facilities sharing agreements;
- Performing regulatory and commercial due diligence, negotiating and transacting mergers and acquisitions on behalf of telecommunications services providers and equipment and software suppliers;
- Drafting, negotiating and closing teaming, alliance, purchase, sales, financing, settlement, subcontractor, key employee, marketing and other diverse services, equipment and regulatory agreements.
- Advising clients on legal considerations of international procurements pertaining to bid responsiveness, liability exposure and protections, remedies enforcement, choice of law, delivery and foreign currency conversions, payment, non-disclosure protections, software and firmware licensing agreements, etc.
- Assisting clients with foreign law and language review, coordinating bid preparations and drafting bid proposals, certifications, prime, and subcontract agreements, and other required documents, for international public and private equipment, software and services procurements.
Policy Advocacy
- Assisting clients and governments with formulating new or revised regulatory policies, drafting proposed policy updates and revisions and regulation reviews and compliance matters relating to:
- Licensing and Concession Authorizations
- Market Liberalization, Competition and Analyses
- International Policies and Settlements
- Market Entry Fees
- Foreign Ownership Restrictions
- Remedies and Sanctions
- Administrative Arbitration, Mediation and Enforcement
- Data Collection
- Access and Interconnection
- Pricing Mechanisms
- Universal Service Regulation and Compliance
- Consumer Protection Regulation
- Quality of Service Standards and Regulation
- Forward-looking Numbering Policies
- Spectrum Policies, Licensing and Management
- Equipment and Type Approval Regulation
- Intellectual Property Protections and Copyright Fees
- Experimental Equipment and Special Temporary Authorizations
- WMR attorneys counsel and assist with developing media intellectual property protections and policy development;
We counsel and assist with developing legislation and regulation pertaining to data flow protections as well as emerging Internet, copyright compliance, and privacy issues.
Administrative Rulemakings and Litigation
- Challenging illegal operator practices before Regulators and Administrative bodies in various countries, and litigating disputes before local courts;
- Addressing local jurisdictional and preemption issues concerning new network construction and services implementation;
- Enforcing country law and policies through local administrative agencies and courts given market political realities and delays concerning incumbent power and competition.
WMR represents U.S. and international telecommunications and technology companies in U.S. and Canadian markets as well as in international markets and in global commercial transactions. WMR attorneys strive to help companies find business opportunities and achieve their business goals and strategic objectives.
We represent clients in diverse and evolving emerging technologies, such as biometrics, Voice over Internet, Internet Protocol applications, various forms of wired and wireless broadband, wired and wireless media, CPE and network distribution systems of every technology modality (e.g., mobile and fixed wireless, wired, satellite, cable, fiber optic, microwave, ghost radio and high frequency over-the-air, etc.).
MEDIA
WMR provides legal representation in the emerging areas of wired and wireless broadband video, Internet Protocol television (IPTV) and video distribution and licensing matters, both in emerging regulatory compliance as well as in business transactional matters. Responding to the international development of country mobile markets, various service providers have evolved and begun to offer their services on multiple services platforms embracing wired, wireless and Internet protocol technologies and software.
WMR attorneys are experienced in addressing new concerns over programming rights, licensing distribution and other intellectual property protections as well as commercial business considerations and drafting and negotiating agreements related thereto.
WMR attorneys are frequently invited to speak and address international industry forums and conferences and present international best practices and evolving industry policies and regulatory innovations impacting and supporting today’s new business models.
MARKET COMPETITION
MATTERS
Closely associated with WMR regulatory and commercial practices are industry competition issues addressed or raised by government competition authorities or various country regulatory policies for telecommunications services providers. Diverse competition issues arise in many scenarios including facilities access, licensing, interconnection, services pricing, advertising and marketing, promotions and market competitiveness.
WMR attorneys have developed creative and comprehensive approaches and engaged in policy advocacy to assist clients in international markets where industry competition issues have not been adequately addressed or policies enforced.
WMR attorneys are experienced in working in virtually all telecommunications competition issues. We have provided clients creative solutions and counsel with practical and novel approaches to resolve as much as feasible the barriers to entry presented by various market circumstances in international markets. Our knowledge of best practices and keen issues recognition of this vital area of competitive imbalance arms clients with practical tools to address challenging anti-competitive business practices as promptly as possible in many less developed jurisdictions.