Telecommunications, Media & Technology
Von Wobeser y Sierra, S.C. has extensive expertise in the telecommunications, media and technology area. Since the Firm´s foundation and particularly after the liberalization of the telecommunications sector in the 1990s, we have represented several telecommunications and media companies such as fixed and mobile telephone service providers, satellite companies, radio and TV broadcasters; cable, DTH and MMDS TV providers, ISPs and other telecommunications providers in several matters, including representation before regulatory authorities in obtaining required licenses and permits, negotiation of interconnection and content provision agreements with other participants in the industry, access to infrastructure and other similar matters.
Our team works to obtain all types of licenses and permits that allow our clients to render telecommunication services in Mexico. For that purpose we have incorporated telecommunications companies using the best financing projects and arrangements, ensuring full compliance with all the legal requirements applicable to these types of companies. Our lawyers work closely with clients when interacting with regulatory authorities to design novel licensing schemes and to influence the drafting of pro-competitive regulations. In this context, we have solid experience with regard to the scope, meaning and purpose of numerous provisions of the Federal Telecommunications Act and its regulations. This has permitted us to obtain the best operating conditions in this area for our clients via the following: consultations, concessions and litigation.
We have also participated in litigation matters related to telecommunications and media. These include administrative litigation and appeals before regulatory agencies, tax litigation pertaining to governmental fees, antitrust litigation related to the telecommunications and media industry as well as international arbitration among shareholders of telecommunications and media companies and investors-state arbitration in this area. Our telecommunications services therefore combine experience in litigation and antitrust in order to achieve advantages for our clients, challenging unfavorable resolutions or obtaining declarations of the Federal Competition Commission that require operators with substantial power to adopt a series of measures in benefit of free competition in this area.
Likewise, our team has significant experience in IT legal matters, including designing, drafting and negotiating highly sophisticated IT outsourcing agreements for industries such as banking, insurance, aeronautical and the Mexican government. Our Firm also has experience in technology transfer agreements, including know-how in patent licensing and transfer, software development contracts and similar transactions. Our lawyers have also advised in matters related to electronic commerce and novel legal issues arising from digital convergence, such as domain name disputes, use of trademarks in the Internet, click-and-wrap electronic contracts, copyright and fair use, data privacy and transfer regulation, etc.
Over the years, our team has advised several clients in different aspects of Internet regulation from telecommunications regulation aspects (including assistance in obtaining governmental licenses for Internet Service Providers) to conflicts arising from the use of copyright and trademarks over the Internet, passing through several of the problems posed by digital convergence, such as freedom of expression (equivalent to First Amendment) and press in digital media. Our Firm was one of the pioneer firms in telecommunications and information technology areas of law and we have followed the evolution of such areas of law into digital convergence.
We regularly advise clients in developing transactional web sites (both business to customer and business to business), assisting them in drafting terms and conditions for access to web sites, content and services, as well as advising them in the most efficient manners of executing legally binding electronic transactions, complying with Mexican law requirements in this regard (including electronic signatures) while maintaining the flexibility required by their international character. Likewise, we regularly assist clients in developing and enforcing data privacy policies that comply with Mexican laws and our team is familiar with both European and US standards in this regard. In particular, our Firm has assisted several international companies to adapt their worldwide data privacy and retention policies to Mexican Laws. We have also assisted several financial and other clients, in protecting their customers' data privacy and our clients potential liability when entering into outsourcing agreements that require exportation of data into or out of Mexico.