The Telecommunications sector is one of the major growth areas in Africa. We have experience in acting for operators, equipment suppliers and finance houses in all areas including fixed-line, mobile telephony, fixed and mobile transmission and radio operations (including short wave). We have advised extensively across the region and have an experienced practice group able to assist on all aspects of client needs.
€20m Vendor Financing
Acting for the Credit Division of a leading European telcoms manufacturer, we advised on its vendor financing of and approx €20m installation and expansion in the telecommunications sector. We advised on enforceability of covenants, warranties and default provisions, implementing and enforcing security and in relation to Malagasy law generally. We drafted the security documentation and finalised security arrangements to the satisfaction of the client, as well as issuing a closing opinion. We continue to provide ongoing advice to the client.
Asset Purchase – Short Wave Radio Installation
Acting for a UK based operator, we conducted detailed due diligence on assets located in Madagascar. This included reviewing the operating agreement and examining the need for a novation of the operating licence. We also reviewed all employment contracts and real estate issues as well as advising on the best tax-efficient structure for the client.
Licencing and Installation – Radio Transmission
Acting for a US-based NGO, we negotiated the operating licence for the radio towers as well as negotiating, drafting and registering the lease over its land. We have also been responsible for the regulatory clearance of all the technical equipment imported for the construction phase.
Regulatory Review – 5 jurisdictions
Acting for a US-based equipment manufacturer and service provider, we have reviewed the regulatory regime in 5 countries in the region to see what licences are required and how they are obtained for the installation and operation of the client’s equipment. We are providing further advice on a country-by-country basis as the client progresses.
Regulatory Review – Madagascar and Comores
Acting for a client of a French law firm, we conducted a review of the telecommunications sector in Madagascar in relation to the client’s specific area of interest. We also assisted the client in obtaining the same information for the Comores and Mayotte.