TELECOMMUNICATIONS AND MEDIA
- Telecommunications and Media
- Intellectual Property
- Tax Law
- Restructuring and Insolvency
- Public and administrative law
- Privacy and Data Protection
- Labour law and Employment
- Human Rights and ECHR
- Family Law
- Energy (including renewable)
- Debt collection
- Commercial Contracts and Projects
- Citizenship, Residency and Migration
- Banking and Finance
- Arbitration and ADR
- Mining
- Antitrust and Competition
- Real Estate and Construction
- Criminal law [defence and representation]
- Litigation and Dispute Resolution
- Corporate law and M&A
The Constitution of the Republic of Armenia guarantees the freedom of the press, radio, television and other means of media and independent public television and radio, which offer a variety of informative, educational, cultural and entertainment programs. The main legislative acts regulating the field are the followings: The Law “On Audiovisual Media”, The Law “On Electronic Communication”, The Law “On Mass Media”, The Law “On Advertisement” and several other laws and regulatory legal acts of the Republic of Armenia.
Electronic telecommunications and media activities are regulated areas. The organisations’ activities in these areas are supervised by the relevant regulatory commissions: the Public Services Regulatory Commission of the Republic of Armenia (PSRC) and the Television and Radio National Commission (TRNC). As a rule, it is necessary to obtain licenses defined by the RA legislation for activities in the sector. In some instances, it is required to notify the regulator before starting the activity.
The market for electronic communications services in RA is liberal, which is also reflected in the simplified process of permits required. Complex licensing procedures are not prescribed by law for the provision of electronic communications services. Those aiming to provide such services are solely obliged to notify the regulator of such activity before commencing it. The exception is the services related to the possession of the electronic communication network and the network exploitation, for which a special license is required. It is safe to say that this process has been significantly simplified during the last twenty years. If the use of radio frequencies is required for the exploitation of any electronic communication network or the provision of services, a relevant permit is also required. There are no investment restrictions in e-communications, and the sphere is open to foreign investment without restrictions.
The RA Law "on Audiovisual Media" defines certain restrictions related to private broadcasters and private multiplex operators: Particularly this sector is one of the unique sectors in the Republic of Armenia, where restrictions on foreign investment capital are established, stating that at or after the establishment of the latter, the share of foreign capital participation should not be equal to or greater than fifty per cent of the shares required for decision-making.
Since 2005 one of the main directions of legal services provided by Concern-Dialog Law Firm is the services provided in electronic telecommunications.
In this sector the following services are provided by the Firm:
In the cases where requirements of licensing and notification are present, the Firm provides the following services:
- Consultancy on legal regulations applicable in the field, procedure and requirements for obtaining licenses, peculiarities of submitting notification and submission procedure;
- Support concerning obtaining licenses in the field of public electronic communications network, telecommunications;
- Support for simplified "permits" where a notification procedure is provided, within the limits of the notification procedure;
- Support concerning obtaining a radio frequency use permit,
- Support concerning obtaining licenses for broadcasting TV programs and private multiplexer activity,
- Support concerning obtaining re-broadcasting permits
- Support with respect issues related to the prolongment of the time of licenses and permits;
All of the services mentioned above include preparing the necessary documents, including technical specialists and experts’ engagement, and representation during the hearings before the regulatory body.
Furthermore, the firm provides the following services to companies operating in the field or transactions related to those companies and current operations thereof․ Particularly:
- based on the valuable experience gained in these fields, support on legal, foreign and domestic policy issues in the area of electronic communication and media (government relations) based on the analysis of legal norms governing the field of electronic communication and media, including research of foreign experience,
- Carrying out legal due diligence of companies providing public electronic communications services, TV companies and provision of conclusion based on those results,
- Assistance within legal issues related to the alienation of shares of organisations operating in the field of electronic communications and media, issues related to obtaining of regulatory consents, representation before regulatory bodies in the related processes,
- Protection of interests and judicial representation of clients in cases of copyright or other intellectual property infringements by TV and radio companies, public electronic communications service providers, and operators of private electronic communications networks
- Drafting contracts in the field of electronic communications and media, review of contracts, negotiations and assessment of compliance with the requirements of the legislation,
- Observing the service conditions offered to consumers in the field of electronic communication and media, following the conditions of implementing advertising-marketing campaigns from the point of view of the current legislative requirements and of the requirements of the Regulator,
- Consultancy and representation on registration of domain names, disputes connected to the domain names, on applicable regulations, including competition law issues.
- Debt collection services via the Debt Collection team (represented by Delex Law Firm Trademark) organise a fast and efficient process of collecting non-performing loans from subscribers in the field of electronic communications and media (debt collection).
Noteworthy Cases of the Firm in this field include:
- The Firm provided consultancy and supported Armenia Datacom Company CJSC in acquiring the license, which was the first fixed broadband network service company in Armenia. Simultaneously, the firm consulted the client on several rounds of investments in the charter capital, including undertook necessary actions related to the electronic communications legislation.
- The Firm has been providing consultancy to Armenia Datacom Company CJSC since 2007 on the latter's activities, regulatory requirements of the RA legislation applicable to telecommunications companies, the company's obligations, and provided comprehensive consultancy on the Company's day to day operations. The firm also represented the interests of the client before RA courts and Administrative Bodies.
- For many years, the Firm has been advising Arminco LLC (an organisation providing broadband internet services) to the latter’s daily activities and organising its debts collection.
- The Firm provided advice on the mobile operator’s current operations in the Republic of Armenia, particularly on competition law issues (including advertising regulations) applicable to the company in telecommunications.
- The Firm has provided consultancy to many media and telecommunications companies on their contractual relationships and has drafted standard contracts for service providers and general terms and conditions for services.
- The company has provided consultancy to two major companies in the sector (A mobile operator and fixed telecom, broadband and television service provider) in connection with a large transaction of Merger: has completed legal due diligence on issues of telecommunication and competition law, participated in the negotiations for the amendment of the relevant parts of the contract (announcements and guarantees), and supported the process for acquiring the necessary agreements for the conclusion of the transaction, providing preliminary consultancy, elaborating the drafts of applications, representing the company for sale before the SCPEC և PSRC.
- The Firm supported a start-up in acquiring a telecommunications network license in the Republic of Armenia, assisted the latter concerning a Dark Fiber Lease agreement, subsequently provided advice on the sale of its shares, assisted in the entire sale process.
- Since 2010, the company has been providing debt collection services to organisations operating in Armenia. Debt collection services have been provided and currently provide in telecommunications to at least three large organisations in the sector (including one mobile operator).
- The company has developed the current rules applicable to using the Domain Names by the Internet Society (ISOC) NGO (adopted in 2018) - the primary organiser of .am և .hay domains.
1 Charents str., Office 207 Yerevan, 0025, Armenia
[email protected] +374 60 27 88 88 +374 10 57 51 211 Charents str., Office 207 Yerevan, 0025, Armenia
[email protected] +374 60 27 88 88 +374 10 57 51 21