Telecommunications, Satellite and IT

Just as we have what used to be supercomputers in our pockets, our homes now require the telecommunications infrastructure of a small city – Steven Levy

Telecommunication and information technology have been at the centre stage of robust growth in India. The sector demands knowledge and integration of ever evolving technologies with existing systems, guidelines and regulations. The practice area includes, advising on:

Members of the Firm regularly advise on:

  • Regulatory aspects of joint ventures, foreign investments and business partnerships in the telecommunications, satellite and information technology sectors including all aspects of licensing, uthorizations and permits.
  • Approvals for provision of cellular and basic telephone services, value added services, mobile radio trunk services including radio transmission systems and optical fibre transmission systems.
  • Legal issues related to VSAT, satellite based services (with or without international gateways) and Wi-Fi.
  • Approvals and compliances for Infrastructure Providers I and II, master services agreements with licensed operators, mobile tower operations, land lease and license.
  • Legal issues concerning IPLC sale, foreign satellite coordination, broadcasting and direct to home connectivity and terrestrial arrangements, access and interconnection issues.
  • Information technology licensing, e-commerce and internet laws, data protection and privacy issues.
  • Terms for development, hosting and operation of websites and revenue sharing arrangements.
  • Software development and technology licensing agreements, terms and conditions of customized and off the shelf programs.
  • Mergers, acquisitions and corporate and debt finance in the sector;
    Tax planning, transfer pricing and continuation of tax benefits; and
    Resolution of technology disputes.
  • Establishment, acquisition and restructuring of captive and non-captive outsourcing units in India, regulatory approvals from different Government Departments.
  • Drafting and negotiating outsourcing services agreements between Indian and foreign entities and advise on related issues regarding privacy protection, confidentiality, corporate identity and data security, interlinking of outsourcing units and other industry specific arrangements including contracts with long distance telecom service providers.
    • Direct and indirect tax benefits and exemptions, transfer pricing issues, export performance and other regulatory and tax compliances and continuity of tax benefits pursuant to mergers and acquisitions of equity or asset. 
    • Due diligence of the outsourcing units, advise on assessment and minimization of outstanding liabilities and disclosures, advise on aspects on employment laws as applicable to outsourcing units and issues related to their closure and revival.

Notable Representations

  • Konami Gaming Inc. assisted in engagement of India based software company for development of gaming software for Konami Gaming, including drafting and finalization of the software development agreement. 
  • NSF International, USA, advice related to collecting and storing the global employee data in view of data protection laws of India. 
  • Expedient Healthcare Marketing Private Limited, assisted the client in framing terms and conditions and privacy policy for different business verticals including the telemedicine platform, creating a database of blood donors, etc.
  • QSC India Private Limited, assisted in preparing the terms and conditions for conducting an online contest amongst the customers of the company; 
  • Hitachi Consulting, India in registration as OSP for its centres in Hyderabad, Pune and Bengaluru under DoT terms and conditions. 
  • Frontiers Media SA, Switzerland in review of its contractual arrangement for availing publishing services from a leading e-publishing company in India. 
  • Vela Software Norway AS in its arrangement with an Indian software development company for development of a bespoke software. 
  • Adsert Web Solutions, India concerning Broadcast Audience Research Council legal notice. 
  • Fred Hollows Foundation related to legal requirements for data collection and data destruction in their proposed campaign in India and specific advice on the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Personal Data Protection Bill and the Digital Information Security in Healthcare Act. 
  • Transaction Solutions International India in advice concerning e-Surveillance Services Agreement and advice related to conflict in scope concerning treating e-surveillance services being provided as SaaS, that is, software as a service or outsourced services without licensing of software. 
  • GlaxoSmithKline Consumer Healthcare Limited in drafting the Terms and Conditions of Use and Privacy Policy for the new website platform which enable the users to submit their sports related videos for interaction with other users and experts.