20 years together

Telecommunications Law

Overview

In the field of telecommunications law Dimitrov, Petrov & Co. is a leading consulting law firm providing legal services to fixed and mobile operators, satellite telecommunications operators, infrastructure providers, VoIP operators, Internet service providers, WiMAX operators and international carriers.

Dimitrov, Petrov & Co. has provided professional legal assistance to a number of Europe’s premiere carriers and telecom service and equipment providers in relation to their businesses. The work on these projects included the setting up of local subsidiaries, assistance in the acquisition of necessary registrations and permissions, negotiations and legal support in contracting local partners and employees, tax advice, litigation, regulatory analyses and consultations, etc.

Since 2006 Dimitrov, Petrov & Co. has been advising a Swedish telecommunications company with respect to its activities in Bulgaria. The assistance covered the incorporation of its local subsidiary and currently encompasses consultations on regulatory, corporate and tax commercial matters, including performing due diligence on electronic communications networks drafting and negotiations of IRU agreements.

With regard to construction and maintaining of fibre optic networks and provision of wholesale communications services, Dimitrov, Petrov & Co. has participated in all stages of advising the construction of telecommunications networks, representation of clients with regard to different administrative procedures, obtaining all necessary permits and licenses (including building permits and licenses for provision of leased lines services), drafting contracts and negotiations for bank loans, leasing and purchase of equipment agreements, dark fibre IRU agreements, leased lines agreements, and provision of telecommunications services.

Dimitrov, Petrov & Co. is the legal counsellor of one of the biggest European communications services provider regarding their day-to-day business activities in Bulgaria. Dimitrov, Petrov & Co.’s assistance covers provision of legal advice on complex regulatory matters, drafting commercial contracts, IRU agreements, contracts for provision of different types of electronic communications services as well as the related terms of service.

Dimitrov, Petrov & Co.’s telecom team provided complete legal services related to the establishment of the most advanced carrier neutral collocation facility in Bulgaria which included preparation of the full set of contracts for collocation services, the acquisition of the building, including the obtaining of all necessary permits from the state authorities.

On behalf of its clients – new entrants on the fixed voice and data services market in the country – Dimitrov, Petrov & Co.’s lawyers have consulted the overall process of obtaining and amending the first licenses for provision of fixed voice telephony services and leased lines in Bulgaria, participation in public consultations on draft regulatory instruments implementing the old Telecommunications Act, negotiations with the licensed mobile and fixed phone operators and conclusion of interconnection agreements with the incumbent operator.

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Representative Experience

Dimitrov, Petrov & Co. assisted one of the successful bidders in the tender procedure for obtaining a WiMAX (3,5 GHz) license by preparing all necessary tender applications and other documentation as well as representing the company in the bidding procedure.

In 2009 the firm’s lawyers consulted a multinational technology corporation regarding the Bulgarian regulatory framework in the area of e-communications in relation to the contemplated launch of the company’s new services in the country.

As legal consultants of the biggest Internet access providers and competitive telecommunications operators, the attorneys of Dimitrov, Petrov & Co. have prepared full sets of agreements – terms of service, service level agreements, Internet access and leased lines agreements, co-location agreements, VoIP termination contracts, etc.

Since 2009 Dimitrov, Petrov & Co. advises one of the leading mobile operators in the country on telecom and regulatory matters and defends their interests before the Communications Regulation Commission (CRC), the Commission on Protection of Competition and the Supreme Administrative Court. The law firm’s experts have been working on a number of cases concerning unfair competition practices and abuse of dominant position on the national telecom market. In addition, they have counselled the client on the implementation of market analyses and the imposition of specific obligations. They have also participated in public consultations on telecommunications legislative acts on behalf of the client.

In 2009-2010 Dimitrov, Petrov & Co. successfully advised and represented the local subsidiary of an international TV and radio broadcasting company, in a lawsuits related to the appealing of the procedure for obtaining the permission for the construction and operation of the first two national multiplexes granted in a competitive procedure by the CRC. The experienced litigation team of the law firm represented the client before the Supreme Administrative Court throughout the lawsuits resulting in a court decision confirming the lawfulness of the competitive procedure. As a result, the permission for construction of the multiplexes entered into force.

In 2009 and 2010 the lawyers of Dimitrov, Petrov & Co. successfully assisted also the first DVB-T network operator in the country in the court proceedings for defending its permission for use of radio frequencies. The lawsuit ended with a final decision of a five member panel of the Supreme Administrative Court upholding the permission of the client clearing the way for rolling out the first national DVB-T network in Bulgaria.

In 2010 - 2012 Dimitrov, Petrov & Co. won for one of its clients another milestone lawsuit, this time related to the rolling out of the public multiplex for distribution of the programmes of the Bulgarian National Television and Bulgarian National Radio in the DVB-T standard thus facilitating the completion of the long expected digital switchover scheduled for 2015. Acting as legal representatives of the company that won the public competition for developing and operating the network for distribution of the programmes of the state owned TV and radio media, the lawyers of Dimitrov, Petrov & Co. successfully applied their profound knowledge of Bulgarian and European telecommunications, competition and media law as well as their extensive experience in administrative litigation and achieved positive court decisions upholding the permission issued to our client, both before a three member-panel and a five-member panel of the Supreme Administrative Court.

Dimitrov, Petrov & Co. is the legal counsel of the association of the alternative electronic communications operators (Society for Electronic Communications or SEC) in Bulgaria. Lawyers from Dimitrov, Petrov & Co. provide the association and its members with professional legal advice and support on various regulatory and ICT market issues, drafting diverse laws and secondary legislation acts, representation before the CRC and the Commission on Protection of Competition and other regulatory bodies – an activity of key importance for the acceleration of the liberalization process of the electronic communications market in the country. Dimitrov, Petrov & Co has represented SEC and its members before the Commission on Protection of Competition and the Supreme Administrative Court in their efforts for securing fair, non-discriminatory and cost-oriented interconnection and access conditions.

Dimitrov, Petrov & Co. is often approached by various state authorities to provide legal assistance on various complicated matters. The firm has assisted the CRC on the issuance of the third national TV broadcasting license. The lawyers of the firm advised the CRC on the implementation of the tender procedure and prepared all documents required by law. The tender was successfully closed with the issuance of the individual license. Following the appeal by two of the candidates, the lawyers from Dimitrov, Petrov & Co. represented the CRC in the court proceedings before the Supreme Administrative Court. With its final decision the Supreme Administrative Court rejected the appeals and confirmed the legality of the tender procedure and the license issued as a result thereof.

Dimitrov, Petrov & Co. has substantial experience in M&A deals in the telecommunications sector in Bulgaria. During the last decade the experts of the firm have participated in the preparation of legal due diligence reports on a number of target companies – Bulgarian telecommunications operators; structuring and completing transactions including obtaining necessary permits from the CRC and the Commission on Protection of Competition.

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Related News
28Nov

Draft of the First Code of Ethics in the Telecom Sector presented

The telecommunications industry in Bulgaria will soon have its own Code of Ethics. A draft of this first of its kind document for the sector was developed by atty. Hristo Nihrizov and atty. Nikola Stoychev, experts in the field of Telecommunication Law at Dimitrov, Petrov and Co. Law Firm and the Law and Internet Foundation. The document is a result of in-depth research and analysis of the... view more

16Aug

Prof. Dr. George Dimitrov ranks among the world’s Thought Leaders in the IT, TMT and Data legal area

Prof. Dr. George Dimitrov, managing partner of Dimitrov, Petrov & Co. Law Firm and renowned international expert in the Information and Communication Technologies Law, has recently been listed among the world’s inspirers in the prestigious WWL: Thought Leaders – Data 2018 directory. Through thousands of votes and nominations held in the course of the research the best practitioners in... view more

26Jul

New success of the Intellectual Property and Media Law practice groups of Dimitrov, Petrov & Co.

By virtue of a decision of June 18, 2018 under Case No. 2953/2018, Sofia District Court annulled as unlawful a penal order imposing a penalty on one of the biggest media service providers in Bulgaria for alleged cable transmission of sound recordings in violation of the Copyright and Neighbouring Rights Act (CNRA). The said decision provides an answer to a fundamental question in the... view more

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Related Publications

First Steps to Introduce Single Information Point in Bulgaria

Topic:Real Estate Law. Construction Law

Published at:http://www.epi.bg/

Edition:Ownership and Law Digest, Book 7 , July 2017

* The publication is in Bulgarian.

Industry Report: In Media Res. Comprehensive Review in Bulgaria

Topic:Telecommunications Law. Media Law

Published at:CEE Legal Matters

Edition:Year 3, Issue 3, June 2016

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Contact Person

Hristo Nihrizov

Partner

Hristo Nihrizov

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