Areas of practice

Drafted and/or negotiated the terms of access to a range of services and facilities between access seekers and service providers operating data centres, fixed line networks, mobile networks, mobile transmission towers, underground duct networks, exchange buildings, international submarine cables, and satellite This has included drafting master service agreements and a range of service schedules for different suppliers.
Assisted clients to negotiate internet interconnection arrangements.

Advised carriers on their statutory rights and obligations when rolling out fixed line and wireless
Assisted carriers to gain access to third party land and buildings with minimal ongoing costs when exercising their statutory rights to inspect land and buildings, maintain facilities and install low-impact
Assisted carriers to respond to landowner objections to land access activities, including TIO objections and litigation.
Drafted and negotiated leases and licences for both carriers and landowners regarding the installation of facilities on land and buildings. Assisted both carriers and access seekers in drafting and negotiating agreements to share
Drafted and negotiated indefeasible right of use agreements for long term access to terrestrial cables in Australia and Asia, and submarine cables across the Indian Ocean and Pacific
Advised international carriers installing cables in Australian waters and land on carrier licensing obligations.
Drafted and negotiated facilities maintenance and access agreements for underground duct networks in Australia and Asia.
Negotiated acquisitions and sales of submarine and terrestrial networks in Australia and Asia.
Drafted and negotiated carrier agreements with developers for the installation, operation and maintenance of networks in greenfield estates. Drafted and negotiated network maintenance agreements.

Advised carriers installing networks in direct competition with nbnco regarding network architecture and statutory mechanisms to avoid capture by laws designed to prevent network builds and protect nbnco’s market share.
Assisted clients subject to investigation by government regulatory bodies, regarding issues such as alleged breaches of laws and mandatory industry codes, for example: failure to provide access to emergency call services, publication of silent number details, breaches of the TCP Code.
Assisted clients subject to investigations regarding misleading advertising and other
Advised clients on obligations relating to new legislation such as additional carrier licence conditions, data retention and network security.
Advised clients on obligations relating to interception and assistance to enforcement
Advised clients on privacy obligations and acted for clients to minimise impact of a privacy breach.

Advised carriers and carriage service providers on their obligations pursuant to consumer laws (particularly the Australian Consumer Law) and industry codes (particularly the Telecommunications Consumer Protection Code).
Conducted compliance programmes and staff training.
Provided advertising reviews across all
Advised on obligations and assisted in dealing with consumer complaints, including TIO and ACCC issues.
Drafted standard form consumer agreements and service
Reviewed websites to advise on necessary changes to comply with applicable laws and codes.

Acted for carriers in over 40 arbitrations determined by the ACCC regarding the wholesale terms of access to bottleneck services including the ULLS, LSS, LCS, WLR, PSTN OA/TA, the internal interconnect cable, and wholesale ADSL. The ACCC’s determinations reduced wholesale payments to Telstra by over $500M/annum and without the arbitrations, Australia’s competitive telecommunications industry would be in a far weaker position.
Liaised with economists to create legal arguments regarding anticompetitive access costs structures.
Advised carriers and carriage service providers with regard to misuse of market power and third line
Acted in long-term process regarding declaration of wholesale ADSL, appropriate economic modelling for setting wholesale access pricing for a range of services, fair non-price terms of access to wholesale services, model terms of access, Telstra’s structural separation undertakings, and final access determinations for fixed line declared
Acted for clients in ACCC acquisition and merger investigations.

Drafted submissions to the Department of Communications regarding a range of legislative
Represented clients at Senate committee hearings regarding legislative amendments.
Acted for clients seeking amendments to legislation, introduction of legislation and exemptions from existing

Publicly listed and privately owned carriers, carriage service providers, data centre operators, greenfield network builders and IT service providers.
Companies ranging from start-up to mature ASX corporations throughout Australia.

AREAS OF PRACTICE