TELECOMMUNICATIONS

BEL&A has extensive experience in telecommunications law and regulation, which has been acquired over the years by our representation of local and international telecommunication companies. Services provided by these telecom companies have included the incorporation and general legal advice to the second national operator, advice on mobile telephony, virtual networks, and technology such as, satellite, digital and VSAT.

BEL&A's representation of these clients has often involved pre-incorporation advice on the law relating to telecommunications, governmental approvals, representation of clients in the initial negotiations between themselves and relevant government departments, securing applicable consents and approvals, advice on incorporation procedures and tax liability under Ghanaian law.

Specific services rendered by BEL&A in respect of telecommunications include:

• Advice on a joint venture and related questions of foreign investments in Ghana's telecommunication sector specifically, and investment in Ghana generally e.g. regulatory framework, television and radio broadcasting, frequency registration, constitutionality of the regulatory framework, customs and excise, investment incentives for telecommunications sector, exchange controls, remittance of investment revenue, programme content rules, media and cross-ownership, regulations concerning copyright, piracy, unauthorized reception and transmission of broadcasting signals, placement of satellite dishes and compulsory land acquisition for foreign investors.

• Advice on supply of equipment to the then state telecommunications corporation and the enforceability of arbitration awards, tax considerations of telecommunications equipment supply contracts and enforceability of tax indemnities.

• Advice on incorporation of company for satellite communications venture and manufacturing of satellite communication equipment.

• Advice on a proposed cellular phone network for Ghana.

• Legal Due Diligence in connection with the acquisition of shares in a telecommunications company.

• Advice on tender, supply and sales contracts, procedures involved in selling communications equipment to a Ghanaian company.

• Legal representation of an American telecommunications corporation and its local subsidiary and advice on negotiation of renewal in respect of its national operating licence, transfer of shares from a local shareholder and miscellaneous corporate issues.

• Review of a loan agreement in respect of finance for the design and supply, installation, testing and commissioning of a customer access network, subcontract agreement for the commissioning of a copper subscriber access network.

• Legal representation in an action for the enforcement of bonds and guarantees on subcontracts awarded by a foreign telecommunications construction company to local companies in Ghana.

• Legal representation to a major Hong Kong telecommunications conglomerate and advice on strategy for restructuring the management of its local subsidiary.

• Advice to a foreign telecommunications company on the recovery of possession of telecommunications equipment and legal action to repossess the equipment and other contractual rights from local partner.

• Transaction counsel on a $100,000,000 loan agreement to the first national telecommunications operator for the expansion of the national telecommunications network.

• Legal representation of the second national operator in relation to a $70,000,000 fine proposed to be levied by the NCA.

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