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25/09/2024
CMS Network Sharing 5: Celebrating 10 years of the Network Sharing Study
For the last 10 years we have been following the evolution of network sharing in the telecom industry. This fifth edition continues our study of how companies in the sector use network sharing to save costs and rationalise services. For this edition, the CMS Network Sharing Study not only gathers all factual information about 76 network sharing deals that have been closed from May 2021 in 46 different jurisdictions worldwide, and the differences among them: it also includes interviews with some of the main actors, such as American Tower, Macquarie Capital and Totem Towers, as well as papers from experts regarding topics such as tele­com­mu­nic­a­tions network financing, foreign direct investment, competition Law, 5G, towers and fibre. As a testament to the creativity of the industry, network sharing has slowly shifted.  Sharing through agreements have given place -in some cases- to sharing through incorporated companies.  B-lateral deals do still exist but neutral host networks, serving all operators in the market, are now the main protagonists through which networks are effectively shared by multiple operators. The digital revolution during the last 20 years has required and is still requiring vast investment in access networks including optical fibre, towers and other assets (now satellites): this comes at a cost.  In some cases the traditional telcos couldn’t monetise their investments (perhaps due, in Europe, to excessive regulation). As a result, indebted companies were in need to sell and/or share their infrastructures, sometimes to investment funds that had no ambition to compete in the provision of services and created independent NetCos  offering wholesale services - the US towers market being one example, with 90% of towers controlled by independent TowerCos while in Europe we have seen FibreCos coming to shake up the FTTH build. The time when each operator owned (and financed) the network it used has long passed. Competition in services remains, but now competition in infrastructures (in parallel with competition between different infrastructures) may be the next future. Globalisation has also arrived in network sharing, with growing protagonism in Latin America (the topic of special focus in the Study) and Africa as well as South-East Asia.  South America has seen a large amount of activity and the 5th edition of the study is doing a spotlight on the deals seen in the region. Interestingly, the existence of network slicing in 5G could give the lead again to telecom operators, as it will allow them to create virtual networks, to be offered either to smaller operators or to companies wanting to have their own independent, private and dedicated slice of a network, in a cloud-style net­work-as-a-ser­vice new pattern. The rise of satellite services in the coming years will also create the need for an enhanced spectrum sharing. Satellite will also be a growing infrastructure competing with towers and other access networks. So whilst we reflect on changes and trends since the last few years, our eyes are also turned towards the future and how the industry will adapt and find news ways to share.
26/07/2024
On your radar | Issue 25
Key employment issues to be aware of internationally  
23/07/2024
CMS International Disputes Digest – 2024 Summer Edition
Welcome to the Summer 2024 edition of the International Disputes Digest, our bi-annual publication exploring the latest trends and solutions to the challenges facing global business. Those challenges include the continuing war against Ukraine and in the Middle East, in addition to others such as climate change and Artificial Intelligence. In this edition, our experts in Brazil explain the impact of AI on resolving disputes and why robots will not replace arbitrators anytime soon. Separately, our colleagues in the Netherlands describe how Dutch litigation is leading the way in making both governments and companies accountable for policies resulting in climate damage, and how this litigious trend is defending biodiversity. The case of the Sultan of Sulu and how the passage of time in arbitration agreements might affect the integrity of an arbitration clause is the topic of analysis by our experts in Paris. We also consider the envisaged changes to the 7th edition of the SIAC Rules, a hot off the press analysis of the recently published 2024 IBA Guidelines on Conflict of Interest in International Arbitration, and our 2024 UK Banking Disputes Report, amongst other topics. We hope that you will enjoy reading these articles and please do contact the authors if you have queries in relation to them.
12/07/2024
Lusophone Africa Snapshot
The July edition of Snapshot, prepared by CMS Portugal’s Lusophone Africa team, opens with an article by Alberto Galhardo Simões, Part­ner and Head of the Lusophone Africa team, and Joana Brito Paulo...
12/06/2024
Lusophone Africa Snapshot
We reached the midpoint of the year with the feeling that everything flew by, but the Lusophone Africa Snapshot, created by the Lusophone Africa Team, is always on time. In this edition, CMS Portugal...
16/05/2024
Lusophone Africa Snapshot
The May edition of Snapshot, prepared by CMS Portugal's Lusophone Africa team in collaboration with CMS LBR, is now available. This month, the focus is on the importance of investment in the transport...
09/05/2024
Angola Law on the prohibition of mining of cryptocurrencies and other virtual...
The Legal Framework for the Prohibition of Crypto­cur­rency1 Min­ing and Other Virtual Assets was recently published by Law No. 3/24 of 10 April 2024. Below we highlight the main aspects of this new legal...
26/04/2024
Lusophone Africa Snapshot
The April edition of Snapshot, produced by CMS Portugal's Lusophone Africa team, is now available with the business news and legal news with the greatest impact in Angola, Cape Verde, Guinea-Bissau, Mozambique...
19/04/2024
New Labour Procedure Code in Angola
Angola's Labour Procedure Code ("CPT") was recently approved by Law no. 2/24 of 19 March 2024. Below we highlighted some of the main changes introduced by the new CPT: 1. Definition of the principles...
22/03/2024
Lusophone Africa Snapshot
The March edition of the Snapshot, produced by CMS Portugal's Lusophone Africa team, is now available. Opening this issue, you'll find an article by Managing Associate Joana Brito Paulo on renewable energies...
22/02/2024
Lusophone Africa Snapshot
The February edition of the Lusophone Africa Snapshot is now available, and with something new! The Lusophone Africa team of @CMS Portugal is launching the "Did you know" section, where every month we'll...
10/02/2021
Meet the Law - New Angolan Criminal Code and Criminal Procedure Code Enter...
The new Angolan Criminal Code and Criminal Procedure Code enter into force today. These new statutes repeal the nineteenth century Criminal Code (1886) and the early twentieth century Criminal Procedure...