Background - Practices (Details)
Telecommunications
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OUR TEAM

Crowell & Moring is recognized as one of the leading law firms focusing on electronic communications in Belgium (Chambers Europe 2013). We represent a wide variety of national and multinational clients across the industry. Our “outstanding” team is described as having ‘a hands-on, no-nonsense approach’ and ‘a drive for excellence’ (Legal 500, 2013).

LITIGATION

Our team is “best known for its work in contentious matters” (Legal 500, 2013). We have been involved in a number of headline-grabbing cases in electronic communications over the past few years. We regularly represent clients before all of the relevant courts and regulatory bodies including the sector regulator BIPT/IBPT, the Ethical Commission for Telecommunications, the specialized chambers of the Court of Appeal of Brussels and the Mediation Service for the Telecommunications Sector.

REGULATORY

We counsel clients on regulatory requirements applicable to their activities in Belgium and throughout the rest of Europe, including licensing requirements, access to and use of numbering capacity, lawful intercept obligations, data protection and retention requirements, contractual obligations and information requirements towards end-users and value added services.

REPRESENTATIVE MATTERS

  • Drafting and negotiating one of the first full MVNO agreements in Belgium.
  • Representing an MVNO in litigation arising following the migration of its subscriber base from one supplier to the other.
  • Litigation in relation to the acquisition by a cable operator of the TV business of several associations of municipalities.
  • Representing an internet access provider in litigation that led to a landmark ruling of the European Court of Justice on the issue of the exoneration of liability for online intermediaries with respect to copyright infringements committed by their subscribers (ECJ, 24 November 2011, Scarlet Extended v. Sabam, Case C-70/10).
  • Representing a cable operator in regulatory appeals against a decision mandating open access to its cable network.
  • Advising a large multinational electronic communications operator in relation to its lawful intercept obligations throughout Europe.
  • Advising a start-up electronic communications service provider in relation to licensing requirements throughout Europe.
  • Advise on mediation proceedings before the regulator BIPT/IBPT in respect to a dispute on call termination tariffs.
  • Representing a multinational provider of online games before the Ethical Commission for Telecommunications for use of VAS-numbers.
  • Assisting a mobile broadband access provider enter the Belgian market and provide mobile data services.
  • Reviewing an interactive platform service provider’s terms and conditions on IVR-, SMS- and iDTVservices.
  • Representing a cable operator in its proceedings against the regulator BIPT/IBPT for breach of information obligations towards its customers.
  • Representing an alternative operator in its complaint against the incumbent for failure to comply with regulatory obligations.