Experience

To view details of our experience, click on any of the headings below.

Access
Interconnection and resale
Infrastructure
Regulatory matters
Telecommunications services and supply agreements
Standard forms of agreement
Spectrum-related issues
Satellite
Telecommunications acquisitions and joint ventures

Access

We have advised a range of telecommunications market participants in relation to their access rights, both for access to services and access to infrastructure. In addition, our competition law practice has extensive experience in dealing with access disputes.We have acted for new entrants in Australia in arbitrations in respect of PSTN (fixed) interconnection, GSM (mobile) interconnection, the unconditioned local loop, local call resale and various data related services. We are familiar with the Facilities Access Code and Low Impact Facilities Determination.

Recent matters includes work for the following clients:

• Vodafone on their appointment of Nokia for the rollout of a 3G network in Australia and New Zealand
• AAPT and Telecom New Zealand in a range of infrastructure access pricing disputes under Part XIC of the Trade Practices Act, including arbitrations before the ACCC and the Australian Competition Tribunal
• Successfully representing the Seven Network in its application to seek access to the Foxtel cable for analogue pay television
• WorldxChange (now owned by New Tel) in its access pricing negotiations with Telstra
• Vodafone in relation to access between mobile telephony carriers to one another's towers and related infrastructure
• DownTown Utilities, TransAct, EnergyAustralia and Aurora Energy on the extent of their obligations to provide access to their infrastructure to carriers
• DownTown Utilities in submissions to regulators relating to the rights of carriers to install low impact facilities
• A number of building owners (including Lend Lease and GPT) and building managers (such as Jones Lang La Salle) on access applications by telecommunications companies to install their equipment under the low-impact facilities regime, in particular, on grounds for refusing or limiting access.

Interconnection and resale

We have acted for a number of carriers and carriage service providers in relation to their arrangements with other carriers and service providers.
Some examples of our experience include advising:

• Reach (the Pacific Century Cyberworks (PCCW)/Telstra Australian joint venture company) in relation to interconnection agreements with Telstra and facilities sharing and co-location arrangements with Telstra in Australia
• New Tel Limited (an Australian licensed carrier) in relation to its Australian and Chinese interconnect arrangements
• Austar on its CDMA resale arrangements with Telstra and on its GSM resale arrangements with Optus
• Telecom New Zealand on a range of telecommunications agreements with other carriers, including telehousing, refile (or transit services), trans-Tasman carriage services, and wholesale bandwidth lease agreements
• New T&T, a new entrant to the Hong Kong market on its interconnect arrangements with the incumbent carrier
• Request, Telecom Networks Group and PlaneTel on a range of telecommunications agreements with carriers, including interconnection, resale agreements, bandwidth lease agreements and IRUs.

Infrastructure

Our lawyers have extensive experience in communications infrastructure. We have advised carriers and service providers, developers, financiers and governments on network matters ranging from the regulation of assets to the construction, operation, financing and rollout of facilities including:

• Vodafone on their appointment of Nokia for the rollout of a 3G network in Australia and New Zealand
• Macquarie Bank on the float of the Macquarie Communications Infrastructure Group. The Group houses the assets acquired by Broadcast Australia from ntl, which include the transmission towers used to broadcast ABC , SBS television and various radio signals nationally. We previously acted for Macquarie in relation to the acquisition of these assets.
• One of the successful bidders for a KSO licence to build, own, operate and transfer a local telecommunications network in Indonesia
• Vodafone on the outsourcing of its telecommunications facilities to Crown Castle
• DownTown Utilities on the granting of access to electricity facilities for the rollout of a telecommunications network by PowerTel
• TransAct (a joint venture between TVG and ACTEW) on the construction of a fibre optic communications network in Canberra
• Aurora Energy in Tasmania on the granting of access to electricity facilities in Tasmania for use by AAPT
• ntl on the $350 million financing of the national transmission network owned and operated by NTL Australia
• ReefNet (acting for the financiers) in relation to the Brisbane to Cairns fibre optic cable network
• Southern Cross on the USA to New Zealand to Australia fibre optic cable network
• Australia Japan Cable on the Japan to Australia fibre optic cable
• the financiers to NextGen on the Perth to Adelaide to Melbourne to Sydney to Brisbane broadband fibre optic cable network; this project involved a $700 million project financing for the cable
• Austar on the rollout of its microwave network
• Telstra Saturn in relation to its cable rollout program
• Olex Cables in relation to the supply and installation of cable for Mercury Energy in New Zealand
• A number of operators in relation to dark fibre and IRUs.

Regulatory matters

Our regulatory team comprises industry specialists and former regulatory officers from major government communications regulatory authorities including the Australian Consumer and Competition Commission and the Department of Communications IT & the Arts. This group regularly advises on telecommunications and radiocommunications matters. We regularly prepare submissions to regulators on behalf of clients and take a proactive stance in lobbying for reform.
Recent regulatory experience includes advising:

• Commonwealth Government on the universal service obligation scheme and other regulatory issues
• Reach in relation to Australian carrier licensing issues and all regulatory issues flowing from the creation of the Telstra/PCCW joint venture company
• ABN Amro and Deutsche Bank on regulatory issues associated with network construction and operator licensing
• DownTown Utilities and EnergyAustralia on carrier licensing issues and the electricity exemptions to licensing
• Austar generally in relation to its telecommunications business
• A number of carriers in relation to calculation of their eligible revenue for purposes of determining their liability to contribute to the universal service levy
• A number of carriers in applying for carrier licences and nominated carrier declarations
• New Tel in relation to its industry development plan.

Telecommunications services and supply agreements

Freehills has acted for both customers and suppliers in negotiating telecommunications services and other supply agreements. Our recent experience includes working with the following clients:

• Vodafone on their 3G network sharing agreement with Singtel Optus. This deal was awarded 2004 Telecommunications Deal of the Year by Australasian Legal Business 
• Australian Broadcasting Corporation on major agreements with Telstra and Optus for the carriage of its digital television services on commencement of digital television in 2001
• Ten Network on its long term managed distribution agreements with Telstra in relation to the delivery of its digital broadcasting services
• Australian Communications Exchange in relation to its services arrangements with Optus for the supply of services to enable deaf users to access the National Relay Service and with Telstra relating to emergency services
• CBA on the outsourcing of its telecommunications to Telecom New Zealand following a tender process
• CBA on its arrangements with Vodafone for mobile banking
• Lend Lease on the outsourcing of its telecommunications to Telstra
• Office of Government Information Technology on its arrangements with Telstra and Optus
• Motorola/MDN in relation to the supply, installation and operation of a mobile data network communications system for Melbourne metropolitan police, fire and ambulance emergency services
• Samsung in relation to its handset supply agreements with both Telstra and Optus

Standard forms of agreement

We have drafted and prepared Standard Forms of Agreement for mobile service providers and ISPs.

We have also acted for large buyers of telecommunications services, negotiating with carriers for supply of services under an SFOA.

Spectrum-related issues

We have acted and advised on a range of spectrum-related issues, including in relation to spectrum auctions. Our clients have included PCCW/Reach, WinStar Communications, QualComm and Samsung. We recently acted for Austar in its acquisition of spectrum from Television and Radio Broadcasters Limited and its sale of spectrum to Unwired.
Recent experience includes:

• We acted for QualComm Inc (now Leap Wireless) on its acquisition of 3G mobile radiofrequency spectrum
• We acted for WinStar on its participation in the LMDS radiofrequency spectrum auctions
• We acted for OneTel in relation to its spectrum auctions (international), spectrum financing (both Australia and international, including the financing arrangement with Lucent on its Australian Network) and acted for the liquidator of OneTel in the subsequent transfer of spectrum rights.

Satellite

We have advised on a range of matters relating to satellites, including:

• Reach in relation to the privatisation of INTELSAT and the change in Australian signatory status
• Austar in negotiating commercial arrangements for the introduction of its interactive television service and on the establishment of a digital satellite platform for delivery of pay TV and communications services with Optus.

Telecommunications acquisitions and joint ventures

Our joint ventures experience includes:

International experience

We have advised:

• PCCW on the well publicised transaction with Telstra. As Australian counsel, we advised on the joint venture which included Telstra purchasing a 60 per cent stake in an Asian mobile business for $1.68 billion, in addition to $750 million worth of debt convertible into PCCW shares
• Telecom New Zealand on the establishment of a $2 billion Australian 3G mobile telecommunications joint venture with Hutchison Whampoa Limited, and a $1.5 billion arrangement in New Zealand
• Austar on the establishment of Telstra Saturn Limited, a 50/50 joint venture with Telstra for the provision of telephony, internet and pay TV services in New Zealand
• UnitedGlobalCom in relation to the complex restructure of the Australasian assets of UGC including a swap-out of Saskatchewan Telecommunications' interest in Saturn Communications
• Cable & Wireless Mitratel, one of the successful 'KSO' consortia for the construction and operation of a telecommunications system in Kalimantan, Indonesia, on the establishment of the joint venture entity, joint venture financing arrangements, network construction, and negotiating system supply contracts. Freehills lawyers worked in Singapore, Jakarta, Hong Kong, Tokyo and Kuala Lumpur on this project over a period of 24 months
• Concert on the acquisition of 50 per cent interest in Sharinga Networks Inc (a spin-off of FreeOnline).

Australian experience

We have advised:

• Macquarie on the acquisition of ntl Australia
• Seven Network on its investment in Optus Vision
• Telecom New Zealand in relation to its bid for Cable & Wireless Optus
• Telecom Ventures Group (a Hong Kong based investment/ venture capital fund) on various IT & T investments and alliances in Australia including TransAct, NetPort and Neighbourhood Cable Ltd
• New Tel on the acquisition of Xinhua News Telecommunications (an Australian carrier)
• DownTown Utilities (a consortium of electricity utilities—energyAustralia, CitiPower and Energex) on their investment in PowerTel Limited and associated access agreements
• Aurora Energy in their joint venture with the Tasmanian Hydro Corporation and AAPT to create a new telecommunications service provider in Tasmania.