Telecommunications law

Telecommunications law

Few law firms have as much expertise in telecommunications law as ours. We have been involved in high-profile cases in the telecommunications market since liberalisation first began. These have involved issues such as access regulation, mergers and acquisitions in the telecommunications sector, the allocation of scarce frequency spectrum, state support for the roll-out of fibre optic networks, net neutrality and consumer protection in the telecom sector. But we also regularly advise clients on the complex field of tension that exists between the interception and cooperation obligations required by law on the one hand and the strict regulations governing the confidentiality of communications on the other. We serve both national and international players within this market. Our telecoms lawyers are also familiar with the government agencies that enforce these rules.

A large and experienced team

Our firm has four partners (Quinten Kroes, Pepijn van Ginneken, Remy Chavannes and Dorien Verhulst) with extensive experience in telecommunications law. The breadth of this team is unrivalled in the Dutch market.

Our strength lies in our breadth

Telecommunications law has aspects in common with all of the other areas of law we specialise in at Brinkhof. Sector-specific regulation in the telecoms sector is partly based on the general rules on competition. It also includes special regulations governing privacy, which is one of our other areas of expertise. Furthermore, technical standards that are extremely important within the telecoms sector may also play a part in the proceedings conducted by our patent specialists in the field of telecommunications technology. Together with our platform team, we also advise major internet players with regard to innovative communication services and the discussion on mandatory investments in NGA networks. Finally, consumer protection is playing an ever increasing role in telecommunications law.

Long-standing relationships in the sector

Due to our long experience in the sector, we serve a wide range of telecoms parties, both incumbent providers and challengers. Not only fixed and mobile network providers, but also providers of telecommunications services without their own network, manufacturers of telecoms equipment and Over-The-Top service providers.

High profile cases

• Brinkhof represented T-Mobile and Tele2 in their appeals against fines imposed by the Netherlands Authority for Consumers & Markets (ACM) for alleged breaches of the rules governing misleading advertising. The fines were reduced by the highest administrative court from more than €6.6 million to a total of €300,000,-;
• assisting Radio Veronica in its appeal against the financial conditions arising from its radio licence. As a result of those proceedings, the amount was eventually reduced by more than €10 million;
• advising several foreign parties on the foreign direct investment (FDI) rules under the Dutch Telecommunications Act;
• Brinkhof assisted KPN in various proceedings before the European Court of Justice in Luxembourg on the matter of broadcasting rights;
• Brinkhof assisted Reggefiber in various mergers that enabled it to become the market leader for NGA networks.
• assisting large and medium-sized telecom parties with the implementation of new European regulations, such as the Telecom Code.