The legal frameworks in which the market participants of the telecommunications industry operate are as different as the participants themselves.
On the one hand, we have the service providers who must ensure that their General Terms and Conditions are legally sound and comply with the requirements on customer protection. In order to be able to operate, providers must first contract certain upstream services, in particular with Deutsche Telekom.
On the other hand, there are also the infrastructure managers. When it comes to expanding and operating wireless networks, they often face complaints from people living in the vicinity of telecom base stations who demand for the transmitter stations to be shut down. The construction of new telecom base stations, however, always requires a planning permission, which raises specific issues of immission control law.
Other market participants in the telecommunications sector are municipal utilities, which can exploit their advantageous situation in terms of local proximity and existing network expertise. Here, potential opportunities include the long-term leasing of the municipality’s own fibres and wires to telecommunications companies as well as cooperation in the areas of construction development and broadband supply. The expansion of the fibre optic network is also of major relevance for municipal utilities.
Our clients in this area include telecommunications companies as well as traditional energy suppliers. BBH advises the telecommunications sector on all relevant legal issues – tailored to each company’s specific needs.