Telecommunications

We have considerable experience in the digital infrastructure and communications landscape in Africa and have consistently assisted our clients in responding to and navigating policy, regulatory and market developments in the sector.

We provide sophisticated and practical advice on all forms of regulatory requirements, including in relation to licensing and compliance, spectrum, network sharing arrangements, broad-based black economic empowerment (B-BBEE) and/or local content requirements, foreign ownership, transfer of control, infrastructure roll-out projects, undersea cables, satellites, devices and components, and telecommunications-specific aspects of M&A transactions.

We have also been involved in a range of transactions to give effect to sharing arrangements ranging from all forms of infrastructure sharing arrangements, to fibre optic network deployments (on an EPC, EPCM, BOT or simple design-build basis), to system integration, software development, software or platform licensing, IT services (in all forms including outsourcing) to providing comprehensive advice on data protection, compliance and data breach and incident response.

We are known for our work with internet service providers, major telecommunications providers, major telecommunications operators, financial institutions and other large organisations across the African continent.

Recent highlight matters include advising or acting for:

• Vantage, a multinational provider of hyperscale data centre campuses, on its entry into South Africa and the construction of a new ZAR 15 billion hyperscale data centre campus in Waterfall, Johannesburg.
• as counsel, to Rain Networks (Pty) Ltd in the review application launched by Telkom SA SOC Ltd against the decision of the South African communications regulator to extend the temporary spectrum regime implemented in South Africa during the Covid-19 pandemic (in terms of which Rain, among others, was assigned high-demand IMT spectrum on a temporary basis to assist mobile network operators with capacity constraints in light of work-from-home protocols).
• Rain Networks (Pty) Ltd on the establishment of a new LTE network including infrastructure leasing and roaming arrangements. We also successfully represented Rain in the subsequent investigation by regulatory authorities into the legality of the arrangements following complaints by competing operators. The complaints were ultimately dismissed.
• Primedia, a South African media group, with its submissions to the South African communications regulator regarding the policy development inquiry into ownership and control issues in the communications sector.
• as counsel, to Community Investment Ventures Holdings (CIVH) in South Africa in respect of the telecommunications regulatory aspects of Vodacom’s acquisition of a controlling interest in a new fibre SPV established by CIVH into which certain of Vodacom’s fibre assets were to be transferred. We advised on all the telecommunications regulatory aspects of the transaction, including relevant provisions of the subscription agreement, the filings with the telecommunications regulator, public hearings, and advice on key regulatory matters.