Communications
The Communications Law Group at Fasken Martineau has earned an international reputation for offering proactive, practical, relevant and timely advice that is responsive to the unique dynamics of the communications industry. Our lawyers have been involved in nearly every major communications regulatory proceeding in Canada. The number of lawyers at the firm practising communications law, and the breadth and depth of their experience and expertise in Canada, is unparalleled by any other law firm. We are in day-to-day contact with government departments and regulators whose policies affect communications, trade and business law clients, which affords us with a deep understanding of the laws and policies at issue in national public law.
This expertise has been consistently recognized by numerous industry publications that have ranked highly both our Communications Practice Group and leading individual practitioners. Most recently, Chambers Global 2008 places Fasken Martineau in its top Band when ranking Canadian law firms in the Telecommunications and Broadcasting sector, and 4 lawyers are also recognized as leaders in their field. Lexpert 2008, an independently published service that identifies and ranks leading Canadian law firms and practitioners, recognizes Fasken Martineau as a ‘most frequently recommended’ firm, in addition to naming 3 individuals as leading practioners in the Telecommunications area. Our lawyers have also been acknowledged by Best Lawyers in Canada 2008 and the International Who’s Who of Business Lawyers 2008.
We represent a diverse range of clients, including wireline and wireless telecommunications companies, Internet service providers, resellers, broadcasters and cable companies, developers and operators of telecommunications facilities and users of satellite technology. We also act for investors in, and users of, telecommunications and broadcasting services, including financial institutions, governments and other public institutions and property owners.
Our lawyers understand the major issues confronting communications companies in the Canadian marketplace as they affect operations, convergence, and competition. As a result, in addition to providing advice with respect to industry specific regulatory issues, we are regularly called upon to assist clients in the communications field in such areas as:
- mergers and acquisitions;
- establishing and structuring operations, including tax planning;
- private and public equity and debt financing;
- network acquisitions and rollout;
- content acquisition and licensing; and
- cross-border and international advice, including advice relating to Canada's foreign ownership restrictions, NAFTA and WTO.
In addition, our team includes experts in intellectual property, rights acquisition and management, communications regulation and commercial law, combining all of the legal components required to advise clients in the"new media" sector.
Above all, we provide innovative solutions to difficult challenges and consistently work with our clients to assist them in achieving their business objectives.
Telecommunications
Fasken Martineau provides general advice on the requirements of the Telecommunications Act and other statutes regulating telecommunications in Canada. This includes advice on the resale of domestic and international telecommunications in Canada, the provision of competitive local, long distance, international and wireless services and the limitations placed on foreign ownership and control of Canadian telecommunications carriers. The firm also advises airport authorities, electric and gas utilities on strategies to leverage their infrastructure to provide telecommunications services.
The firm regularly deals with a broad range of regulatory issues, including rate regulation, access to local, interexchange, wireless, cable television and other telecommunications networks, co-location rules, traffic exchange agreements, local number portability, allocation of telephone numbers, access to unbundled facilities, entry into local telephony and Internet markets, international licensing and regulatory forbearance. We also act for clients in judicial and appellate review of CRTC and lower court proceedings in respect of telecommunications.
The firm's expertise in telecommunications regulation and its associated in-depth knowledge of the telecommunications industry makes it uniquely qualified to prepare specialized telecommunications agreements, including agreements for the interconnection of carriers, and other working agreements, marketing and bundling, the sale, resale, and lease of services and facilities (including IRU agreements), the procurement of hardware and infrastructure (including fibre switches and support structures), operator services, pay telephone providers, and access to emergency services, as well as the condominium purchase of transponders on satellites. We also advise on rights of way and other land and building access issues.
Broadcasting
The firm has broad experience with respect to the requirements of the Broadcasting Act and the CRTC regulations governing television and radio stations and cable systems in Canada. Fasken Martineau regularly acts for clients in a wide range of CRTC licensing, regulation-making and policy development proceedings, and in appellate and judicial review of CRTC decisions.
In addition, the firm has advised its clients with respect to the legal and regulatory issues relating to the transfer of ownership or effective control of regulated broadcasting undertakings, including the role of trustees, when used in such transfers. Other issues dealt with by the firm have included the licensing of competitive broadcasting distribution undertakings, rate regulation, signal carriage, access rules, content regulation, multiple station ownership, advertising, and other regulatory compliance matters.
Radiocommunication
Fasken Martineau lawyers have been involved in the licensing of terrestrial and satellite wireless services and associated regulatory matters, including Canadian ownership requirements, spectrum management, orbital slot assignments, cross-border frequency co-ordination and RF equipment certification. The firm represented the successful applicant for national cellular, PCS and paging services and has advised its clients with respect to spectrum auctions, as well as other means of assigning frequencies and orbital slots, and domestic implementation of international frequency allocations.
Internet
The firm provides general advice on the rapidly evolving legal environment affecting the Internet. This includes advising clients on commercial, criminal and copyright liability issues relating to content on the Internet, delivery and use of internet-based services, ISP access to high speed Internet networks, CRTC regulations and government policies relating to interactive television and related issues, and legal issues involving jurisdiction, licensing, e-commerce, privacy issues and domain names.
Establishing Communications Businesses
We understand the complex regulatory framework that governs communications companies in Canada. We are skilled in developing corporate structures that comply with regulatory requirements, while providing maximum operational flexibility. We regularly advise our clients on Canadian foreign ownership restrictions as they affect corporate structures, investments and contractual relationships. We also assist our clients to obtain the necessary licences and approvals from governmental authorities to operate different types of telecommunications and broadcasting entities.
Mergers and Acquisitions
As a leading business law firm, we are regularly retained to advise on and implement complex transactions in the communications sector including mergers, acquisitions and divestitures, take-over bids, competitive bids (auctions), reorganizations, and strategic alliances such as partnerships, joint ventures, co-operation agreements.
International
Fasken Martineau advises clients on cross-border communications issues and inter-carrier agreements respecting the exchange of international telecommunications traffic and related interconnection arrangements. It also advises governments and regulators on policy and legislative reform, compliance with the World Trade Organization (WTO) Agreement on Basic Telecommunications Services and the impact of the North American Free Trade Agreement (NAFTA), the International Telecommunications Union (ITU) and other international conventions that affect the communications sector.
New Media
Fasken Martineau brings together the diverse legal expertise required to advise clients in the "new media" sector. The firm combines expertise in the regulation of communications with expertise in copyright, rights acquisition and management, technology and commercial experience in the telecommunications, broadcasting and Internet environments to provide new media clients with all of the diverse advice required to establish and operate their businesses in this sector.
Copyright
The firm has a strong background in intellectual property issues arising under the Copyright Act. Fasken Martineau has represented its telecommunications and broadcasting clients in a variety of tariff-setting proceedings before the Copyright Board.
Major proceedings in which the firm has been involved have included hearings to set royalties for the public performance of musical works by commercial radio stations and to establish a compulsory licensing regime for the retransmission of distant television signals by Canadian cable systems. Our lawyers also took part in the first "neighbouring rights" proceeding held in Canada to set the royalties payable by commercial radio stations in respect of the public performance of published sound recordings embodying musical works.
Protection and Acquisition of Intellectual Property
Our firm has one of the most comprehensive intellectual property practices, and our professionals work closely with communications companies to acquire and protect their interests in patents, trade-marks, copyrights and other intellectual property on a domestic and worldwide basis. We are involved in drafting and prosecuting patent applications in such fields as digital subscriber line and routing technologies, advising our clients on the development, use, licensing and distribution of content and of software and other technology, and branding issues including the registration of trade-marks and brand licensing and obtaining and use of domain names.
Financing
We have extensive experience in financing transactions involving players in the communications industry, including public and private equity financings, acting for issuers and underwriters, including cross-border financings, strategic investments, syndicated bank financings for operational and acquisition purposes, and vendor and project financings.
Representation Before Tribunals and Courts
We have experience representing our clients in dealings with various boards, tribunals and government departments, including the Canadian Radio-television and Telecommunications Commission (CRTC), Industry Canada and the Copyright Board. We also act for communications clients on a full range of litigation matters, including the enforcement of intellectual property rights, defamation, corporate law issues and class action proceedings. We provide advice on alternative dispute resolution methods, in particular arbitration and mediation.
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