Drew & Napier - Telecommunications, Media & Technology (TMT)

Drew & Napier’s Telecommunications, Media & Technology (TMT) Practice Group has consistently been ranked as the leading information technology, telecommunications, broadcasting and multimedia legal practice in Singapore. The firm possesses unparalleled transactional, licensing and regulatory experience in the telecommunications, technology, media and postal sectors in Singapore. The strength of our team, headed by Director Lim Chong Kin, lies in a carefully-selected mix of 8 lawyers familiar with infocomms law, and sector-specific and general competition law. The team is supported by 2 in-house competition and regulatory economists led by Director Ng Ee Kia, who was previously Director of Economics at the Competition Commission of Singapore and prior to that, a senior policy officer at the Infocomms Development Authority of Singapore (IDA) and the Hong Kong Office of the Telecoms Authority (OFTA).

A trailblazer in the telecommunications and media competition law scene, the TMT Practice Group has constantly worked on every significant development in the Singapore TMT market. In 1999, Chong Kin was the lead Singapore counsel appointed by the IDA to draft the Telecom Competition Code, the first industry-wide competition legislation in Singapore and precursor to the country’s general competition regime. Subsequently, in 2004, Chong Kin was re-appointed to revise the Telecom Competition Code as part of its first triennial review exercise. Currently, Chong Kin is advising IDA on the second triennial review of the Telecom Competition Code.

As a testament to his regulatory and competition expertise, Chong Kin was appointed as lead Singapore counsel by the Media Development Authority (MDA) in drafting the Media Market Conduct Code in 2003. He continues to advise the MDA on enforcement, licensing, regulatory and market access issues.

Chong Kin also led the drafting of the Postal Competition Code in 2007 to facilitate liberalisation of the postal industry in Singapore.

Today, the TMT Practice Group acts for a broad range of clients - from industry giants and technology start-ups to regulators and authorities:

We are routinely consulted on commercial, licensing and regulatory matters by global carriers and regional telecommunication service providers (including AT&T, Pacnet, Sprint, FLAG and Reliance) and international broadcasters (including Discovery, ESPN, MGM and Sony);
We regularly act for technology leaders and start-ups in information technology, data privacy and protection and commercial matters; and
We are often called upon to provide high-level advisory and consultancy services to IDA, MDA and the Competition Commission of Singapore (CCS).

Drew & Napier is also particularly experienced in a wide range of technology law issues. Clients that have trusted Drew & Napier on technology matters include MNCs, public listed companies, statutory boards and some of the most established names in Singapore. We have advised and acted for market participants in drafting, reviewing and/or negotiating various technology contracts relating to consultancy and project management, outsourcing, software integration, bespoke hardware and software, hardware/software maintenance etc. Drew & Napier also routinely advises clients on data protection and privacy issues, including MNCs instituting international compliance programmes for their privacy policies. The firm’s broad client base allows it to offer unique insights on the TMT industry from all perspectives.

Chong Kin and his team also contributed the Singapore chapters for Getting The Deal Through: Telecoms & Media in both 2009 and 2008.

OUR ACCOLADES

PLC Which Lawyer? Cross-border Handbook: Media & Communications 2009 / 2010: listed Drew & Napier as the standalone top-ranked Media and Telecommunications firm in Singapore. In addition, Chong Kin garnered a “highly-recommended” ranking, with no other lawyers sharing the top tier.

Chambers Asia 2009 and 2008 editions: ranked Drew & Napier’s TMT Practice Group as the standalone Band 1 firm in Singapore in 2008 and 2009. Chambers Asia categorically states that “[t]here can be no doubt that this team remains at the head of Singapore’s TMT market.” Chong Kin’s team has been described as “the best I know of”, “with superior strength in regulatory matters”, and which clients found to “bring a high degree of understanding of our requirements, and the regulator’s priorities. They know what will realistically succeed and give accurate advice on what to expect”. Our Lim Chong Kin was similarly noted as the only TMT lawyer in Band 1 for two consecutive years: “Chong Kin Lim…has a practice that spans the entire sector. He is ‘the go-to lawyer…’, commented one source, ‘and he possesses incredibly astute legal and business judgement’.”

Asia Pacific Legal 500: 2009/2010 and 2008/2009 editions ranked Drew & Napier as a Tier 1 TMT practice and recognises Chong Kin as a Competition and Regulatory expert, noting:

“Drew & Napier LLC is considered ‘among the top echelon of TMT firms in Singapore’. 2009 saw the team appointed for the 11th consecutive year as the Infocomms Development Authority (IDA)’s external legal advisors and is acting on all licensing and regulatory issues relating to the Government’s state-of-the-art Next Generation National Broadband Network (NGNBN) project. It also advises corporate clients such as Yahoo!, Apple and Microsoft. Lim Chong Kin merits particular mention for ‘the high quality of his advice and his personal devotion to matters.”

The International Who’s Who of Competition Lawyers and Economists 2009, International Who’s Who of Competition Lawyers 2008 and the International Who's Who of Regulatory Communications Lawyers 2008 all recognise Chong Kin for his strength in regulatory and competition advisory work.

Who’s Who Legal: Singapore 2008 cited Chong Kin as a Leading Lawyer in the fields of Competition Law and Regulatory Communications.

Telecom and Technology Industry Experience

Our TMT industry client base spans the entire spectrum in the TMT sector, ranging from telecommunication carriers, service providers, network operators, hardware manufacturers, equipment suppliers, consultants, specialist contractors, software houses, leading global broadcasters and content providers, and international law firms.

A sampling of our recent notable telecom and technology industry experience includes:

Advised a government-linked entity on its tender for the turnkey development of a high performance super computing facility and data centre. Work tasks included drafting and reviewing tender documents for client. The complex technical specifications and high degree of customisation required the working team to, amongst others, understand and develop innovative solutions to protect client’s interests (including protection of ownership rights, and safeguarding against failure or inadequacy of design or construction) and preserve intellectual property rights.
Advised a NASDAQ-listed multi-national Internet services provider on all Singapore law aspects of its establishment of a state-of-the-art Asia Pacific data centre. Work tasks included conveyancing of the land for the data centre, and advising on data privacy issues and telecoms regulatory requirements associated with operation of the data centre.
Advised a major Internet services provider and search portal in respect of its legal needs for the Asia Pacific region. This includes instructing and directing counsel in various countries, drafting template service and distributor agreements, adapting end-user software licensing arrangements and drafting marketing agent agreements.
Advised and assisted a regional submarine cable operator in its preparation of a facilities sharing and access agreement relating to a cable-landing station in Hong Kong.
Successfully assisted in negotiating an amicable settlement package on behalf of a pan-Asian submarine cable network operator in its dispute with a dominant telecom operator over a US$200m convertible loan facility.
Advised on a Master Licence Agreement between a key Singapore print media company and a foreign online advertising solutions provider, in relation to targeted video commercials on a newly-launched web-based platform that allows Internet users to view rich media and video commercials online without buffering time.
Advised a major Singapore-based insurance company in drafting software customisation and licensing agreements with its IT-solutions vendors.
Advised a leading Asian stock exchange on a software development joint venture.
Assisting the world’s largest software provider on the Singapore legal and regulatory requirements in various cutting-edge developmental products, involving convergence of conventional software platforms with IP telephony networks and state-of-the-art technology. An example of such engagements includes a project on the integration of the client’s instant messaging software with telecommunication abilities. Most recently, the TMT Practice Group assisted the client in successfully applying for a Services-Based Operator (SBO) licence from the IDA.
Advised a leading gaming company on the introduction of a revolutionary gaming console. Tasks included drafting, reviewing and negotiating numerous regulatory requirements (including multiple market regulators) for the roll-out.

Merger Clearance

Our Lim Chong Kin and Ng Ee Kia (Director, Competition Economics) are pioneers in merger-related work, having played instrumental roles in formulating and implementing almost every merger framework in Singapore to date: As counsel to IDA and MDA, Chong Kin advised on the drafting of the Telecommunications Competition Code, Media Market Conduct Code and Postal Competition Code; while Ee Kia, as Director (Economics) at the CCS, led the team that drafted the CCS Guidelines on the Substantive Assessment of Mergers and the CCS Guidelines on Merger Procedures.

Our in-depth regulatory experience and familiarity with the ins-and-outs of the competition authorities translates into a wealth of practical knowledge for industry clients to tap on. We advise companies on the competition law aspects of their proposed mergers and acquisitions, and prepare and lodge merger filings on behalf of our clients.

We successfully obtained merger clearances for four major telecommunications consolidations under the Telecoms Competition Code, and filed the first merger notification under the general Competition Act. Some of our telecoms-related merger projects include:

Public takeover of Pacific Internet, a regional ISP-services giant, by a private equity fund group: secured unconditional merger control approval from the telecoms regulator.
Consolidation of C2C and AsiaNetcom: obtained merger control approval from the telecoms regulator.
Merger of Reliance and FLAG Telecom: obtained Singapore merger control approval from the telecoms regulator .
Merger of SBC and AT&T: Obtained Singapore merger control approval from the telecoms regulator .
Acted for the telecommunications regulator in conducting a competition merger review involving the consolidation of StarHub and Singapore Cable Vision (SCV) under the Telecom Competition Code.
Advised a leading international gas company on the competition law aspects of its proposed acquisitions in Singapore.

Media and Entertainment

Our notable experience in media and entertainment-related matters includes:

Leading a consortium of consultants to conduct a study on the competition issues in convergent media and telecommunications markets. Commissioned jointly by the MDA, CCS and IDA, the study involved, inter alia, an assessment of the state of the pay TV market in Singapore, in particular the effects of exclusive carriage agreements, and the bundling of media and telecoms services, on these convergent markets.
Appointed by MDA to advise on and draft the Media Market Conduct Code to regulate the media and print industry in Singapore.
Advising MDA on market access and licensing issues, including the licensing framework for the introduction of new media services, such as niche subscription television services including video-on-demand and IPTV services; and the migration of services between licensing regimes.
Acting for leading media content providers (including an international sports broadcast network) in the various media and entertainment-related agreements, such as broadcast and content licensing agreements, advertising agreements relating to the use of talents and mobile content service agreements.
Advising a leading international media content provider on compliance with local gaming laws in respect of a proposed regional poker (and other card games) tournament.
Advising the largest worldwide broadcasting corporation (in terms of audience numbers) and the leading music-television channel on its regulatory and licensing affairs in Singapore.

Regulatory Advice and Enforcement

We advise and represent national and sectoral regulators on enforcement actions for breach of competition laws and regulations. Some of the projects we have undertaken include:

Advising IDA and MDA in respect of numerous disputes and complaints under the Telecommunications Act, Telecom Competition Code and the Broadcasting Act.
Advised IDA on enforcement action for contravention of the anti-competitive provisions in the Telecom Competition Code (including abuse of dominance and anti-competitive arrangements).
Acted for IDA in the dispute between SingTel and Singapore Cable Vision over facility access issues.

Legislative Drafting, Enforcement and Policy Advice

No other practice comes close to matching our experience in drafting of TMT legislation, advising on enforcement and policy formulation. Some of the projects we have undertaken include:

Lead Singapore counsel in advising on the liberalisation of the Singapore postal industry, including drafting of the proposed Postal Competition Code.
Lead Singapore counsel for drafting of the Telecom Competition Code 2005, consolidation framework and other Code guidelines and the two triennial reviews.
Drafting of the framework for reviewing the competitive effects of mergers and acquisitions in the telecoms industry.
Drafted Singapore’s first interconnection, market access and infrastructure sharing framework to regulate competition in the telecoms industry.
Drafting of the Media Market Conduct Code 2003 to introduce competition regulations to the media and print industry.
Currently advising IDA on the implementation of the Next Generation National Broadband Network (NGNBN). The work involves advising on the conceptualisation and evaluation of primary competition and regulatory issues to ensure an open market access infrastructure framework for the provision of nationwide ultra high-speed broadband connectivity. One of the key areas of the advice focuses on reviewing and drafting the structural and operational separation requirements in IDA’s request for proposal for operators to design, build and operate the NGNBN infrastructure, and, drafting Singapore’s interconnection, market access and infrastructure sharing framework for the NGNBN.
Providing all aspects of legal, competition and regulatory advice relating to the establishment of the Singapore Internet Exchange (SGIX), particularly issues relating to unfair competition and neutrality, the development of an appropriate corporate governance structure, drafting of the relevant incorporation documents as well as the necessary contractual agreements, standard operating procedures, infrastructure design, network infrastructure and creation of a viable business plan, for SGIX to carry out its functions and operations.
Currently advising IDA on competition and regulatory issues concerning the groundbreaking National Authentication Framework (NAF), a Government-led initiative to provide strong authentication to support online services and transactions on a nationwide basis.
Acting for the telecommunications regulator on enforcement action against three major telecommunications licensees for their breach of their licence obligations to provide 3G in-tunnel coverage, and representing the regulator in the appeal before the Minister.

TMT Litigation & Dispute Resolution

We have a dynamic and responsive litigation team to handle all types of TMT and technology-related disputes. With the impact of IT on business and commerce, our TMT lawyers work closely with other Drew & Napier LLC specialist teams to strengthen and protect our clients' interests in this rapidly evolving area of law.

For further information on our TMT Practice Group, please contact:

Lim Chong Kin (Head, TMT Practice Group)

Litigation:
Cavinder Bull, SC
Adrian Tan

Competition Economics:
Ng Ee Kia, Joy