Presented by
Falconbury

Negotiating and Drafting Commercial Contracts for the Telecoms Sector

This programme focuses on current contract drafting, negotiating, best practice and related issues for the telecoms contract team.

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  • Format: Bespoke training
  • CPD: 18 hours for your records (depending on your requirements)
  • Certificate of completion

Course Overview

The telecoms industry is a highly regulated and technical sector. Understanding the challenges of negotiating and drafting watertight contracts, on an international level is complex, to say the very least. These contracts can be difficult for even the most well equipped in-house lawyer and more often it is not the lawyers in the driving seat.

It is essential that both commercial executives and legal team possess the knowledge to ensure that agreements are both within the laws and regulations and protect the commercial interests of the organisation. This 3-day programme looks at the key skills needed from both the legal and commercial viewpoints and how they can be integrated.

Benefits of this programme

  • Familiarise themselves with the regulatory framework and other developments
  • Explore the key terms of access and interconnection agreements
  • Find out about the contractual elements of building networks
  • Examine the legal framework for outsourcing communications and facilities management
  • Analyse the rights you need to license to exploit content on mobiles
  • Get-to-grips with consumer contracts and best practice
  • Get up-to-date with competition laws and understand the effect they have on your agreements
  • Grasp the impact of convergence
  • Hear about the legal issues surrounding managed service contracts
  • Access key tools and techniques to deal with disputes in telecoms contracts
  • Understand what it means to be an effective negotiator in telecoms
  • Learn the skills of an advanced negotiator and develop the tools needed for negotiation preparatio

Programme - Day 1

MODULE 1 – Contract negotiation skills

The rise and rise of the negotiator

Nothing exemplifies the modern telecoms company or contractor as much as the growth of joint ventures, subcontracting and licensing. All of these require the executive to be able to negotiate and, often, to be able to lead others through the negotiation process.

  • The increase in negotiated relationships
  • Technical AND commercial skills
  • Recognising a negotiation
  • Great role models

Negotiate and succeed

Working in teams, delegates are asked to resolve a multi-variable, multi-party business problem. The output of the exercise will form the backdrop for the following sessions on structure and influencing.

Structure for control

The research tells us that negotiation success is not related to any single aspect of the complex interactions that take place in any negotiation. However, above all else the party that negotiates best gets the best result. The keys to negotiating well are controlling the negotiation and managing the process.

  • Control for success: Key planning checklist to negotiate well
  • Structure for success: Creating the space to agree
  • Trading for success: Understanding relative values
Personal style and negotiation

This session helps us hold a mirror up so that participants can reflect on their own style. We look at why other styles irritate us – and how we negotiate with those people we find difficult to deal with.

  • Our lead style (and our fall back style)
  • The A to E of negotiating styles
  • Personal strengths and weaknesses

Moving into engagement

Working in teams, delegates are asked to use their knowledge of their own style and those of others in their teams to agree strategies and tips for dealing with other styles and getting the most our of the negotiation.

Influencing and persuasion

It can be argued that the more we can influence someone to our position and the greater agreement we can build, the less we have to give away in our negotiations. This session looks at how people are persuaded and how the expert negotiator can use this knowledge to their benefit.

  • Persuasion psychology
  • The range of levers available
  • Focusing your persuasion

Programme - Day 2

MODULE 2 – Drafting and understanding agreements for the telecoms industry

Introduction

The ‘New Regulatory Framework’ and UK developments
  • Rights to supply networks, services and equipment
  • General obligations and specific requirements
  • Complaints and complaining
  • Issues of enforcement
Content agreements in the mobile sector
  • What rights do you need to license to exploit content on mobile?
  • How do you define the technology?
  • What are likely to be the contentious issues in negotiations?
  • What are the new content models (e.g. apps and feeds) and what legal issues do they raise?
  • What law, regulations and codes of practice apply to content when it is exploited on mobile?
Building networks: Code powers, wayleaves and infrastructure sharing
  • Obtaining and enforcing code pow
  • Issues of land law
  • Obligations to facility share
  • Negotiating LLU
Outsourcing and facilities management in the communications field
  • Defining the scope of services
  • Penalties and incentives – encouraging the supplier to do better
  • Resolving agreements to agree in the context of change control, technology refresh and other difficult areas
  • Limiting liability – can consequential loss always be excluded?
  • Mandatory injunctions – if a supplier refuses to perform, can the customer obtain an injunction compelling observance of the contract
Access and interconnection agreements
  • Why are access and interconnection important?
  • The regulatory regime – key issues in today’s markets
  • How will the markets develop?
Consumer contracts and best practice
  • Consumer contracts: an overview of the basics
  • Telecoms services: some specifics
  • There are consumer terms and consumer terms – just what is best practice?
  • Beyond terms and conditions – selling to consumers
  • Regulatory reform, reforming consumer protection: just too much law?

Programme - Day 3

Structuring telecom transactions to comply with privacy rules
  • The EU telecoms reform
  • Fundamental rights and freedoms of citizens
  • Protection against data breaches
  • The EU Directive on Privacy and Electronic Communication
Inherent tension between patent protection and competition law
  • Background to protection afforded to patents
  • Historical justification for IPR protection
  • Anti-competitive effects of IPR protection
  • Are patent trolls gaming the protection system?
  • Time for an overhaul of the protection system?
The impact of convergence
  • Definition of services supplied – how to define the relevant services?
  • SLAs, performance, penalty issues – best efforts; time to start solving v time for resolving
  • Multiple service providers – liability issues
  • Scope of non-competes
Licensing essential patents in the telecoms industry
  • ETSI and other standardisation bodies IPR policies: An overview of the key principles
  • FRAND rules
  • Licensing obligations
  • Determining royalties
Managed services contracts
  • What is managed service?
  • Customers and the RFQ stage
  • The challenge of the SLA
  • Using a ‘balanced scorecard’ to monitor performance
  • Ensuring flexibility in the contract
    • Change management
    • Price flexibility
    • Technology upgrades
  • Determining an exit strategy
  • Termination rights
  • Redundancy
  • Liability
Dealing with disputes in telecoms contracts
  • Drafting arbitration clauses
  • Drafting ADR clauses
  • Arbitration v mediation
  • Other methods of dispute resolution for disputes in telecoms agreements

Cyrille Amar

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Mike Conradi

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Jon Fell

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Steve Holmes

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Tomos Jones

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Graham King

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Rob Maguire

Rob Maguire runs his own consultancy and his experience spans the full range of issues from developing an appropriate contract strategy and building a performance dashboard, to negotiation and conflict resolution to dealing with the inevitable management issues that arise in any long-term relationship. Through his consulting, coaching, mentoring and skills development interactions, he helps major organisations transform their approach to their commercial relationships.

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Paul Oxnard

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Ian Walden

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Conor Ward

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Rhys Williams

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We don't have any currently scheduled dates for this course but we can customise it to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

See below or contact us to discuss yor requirements.

UK

  • Ashurst LLP
  • Baker & McKenzie LLP
  • Baker Mckenzie
  • Bird & Bird
  • Buongiorno UK Ltd
  • Deutsche Bank AG London
  • Dickinson Dees LLP
  • Hogan Lovells LLP
  • Hugh James Solicitors
  • Inmarsat
  • Microsoft
  • Now Training Ltd
  • Olswang
  • SKYPE
  • Squire Sanders
  • Steptoe & Johnson
  • Sure Cable & Wireless (Guernsey) Ltd
  • Utility Partnership Ltd
  • Vanco

Greece

  • Antenna TV SA
  • OTE SA
  • Vodafone Panaphone

Luxembourg

  • Entreprise Des Postes Et Telecommunications Luxembourg
  • RTL Group
  • Vodafone Procurement Company

Nigeria

  • Nigerian Communications Commission
  • Nigerian Communications Satellite Ltd
  • Suburban West Africa

Bahrain

  • Bahrain Telecommunication Company (Batelco)
  • Next Generation Network Solutions WLL

France

  • Arkadin SAS
  • LCDC SA

Ireland

  • COMMISSION FOR COMMUNICATIONS REGULATION
  • O2 COMMUNICATIONS

Sweden

  • SCALADO AB
  • Tele2 AB

Switzerland

  • European Broadcasting Union
  • Sicap AG

Ukraine

  • KYIVSTAR GSM
  • PrJSC MTS UKRAINE

United Arab Emirates

  • Motorola
  • Telecommunications Regulatory Authority

Armenia

  • Orange Armenia

Azerbaijan

  • Bakcell Ltd

Barbados

  • Cable & Wireless Barbados Ltd

Belgium

  • Belgacom International Carrier Services

Bermuda

  • KeyTech Ltd

Cameroon

  • Cameroon Telecommunications

Cote D'Ivoire

  • Atlantique Telecom

Croatia

  • Ericsson Nikola Tesla dd

Cyprus

  • Cyprus Telecommunications Authority

Finland

  • TDC Oy

Georgia

  • Geocell LLC

Germany

  • ADVA Optical Networking

Ghana

  • Scancom Ltd

Israel

  • Emblaze Mobile Ltd

Lebanon

  • Faldete Telecommunications SAL

Malaysia

  • TM International Berhad

Mali

  • Sotelma (Mali Telecoms Company)

Malta

  • Go Plc

Mauritius

  • Mauritius Telecom

Moldova

  • Moldcell

Mozambique

  • MCel

Norway

  • Telenor Global Services AS

Pakistan

  • Ufone - Pak Telecom Mobile Ltd

Romania

  • Alcatel-Lucent Romania

Russia

  • Nokia SIEMENS Networks

Saudi Arabia

  • Communication & IT Commission (CITC)

Serbia

  • Telekom Srbija AD

Sierra Leone

  • Comium SL Ltd

Sri Lanka

  • SRI LANKA TELECOM LTD

Trinidad And Tobago

  • Telecommunications Services of Trinidad & Tobago Ltd

Turkey

  • TURKCELL

Yemen

  • Sabafon

Multiple colleagues?
Talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra BEER
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy