Konnov & Sozanovsky — Advising Various Businesses

Development of telecommunications in the world today is characterized by further convergence with the sphere of television. As the experts note, such convergence appears in combining television, telephony and broadband Internet services in an integrated proposal for a customer. Ukraine is not an exception from the world tendency. The «mobile TV» services are offered by the leading mobile operators of Ukraine: the Closed Joint-Stock Company «Kyivstar GSM» (TM «Kyivstar», «Ace&Base», «DJUICE», «Mobilych»), Closed Joint-Stock Company «Ukrainian Mobile Communications» (TM «MTS», «JEANS», «Ecotel»), Limited Liability Company «Astelit» (TM «Life:)»), Closed Joint-Stock Company «Ukrainian Radio Systems» (TM «Beeline»), Closed Joint-Stock Company «Ukrainian Telesystems» (TM «PEOPLEnet»). Today the «mobile Internet» (the open international standard of data transmission «WAP», GPRS networks, etc.) is also strengthening its position in the Ukrainian market.

The important issue of 2009 is the introduction of the third generation network (3G) to the Ukrainian market of mobile services. The licensing of 3G has started already in 2006, and nowadays such providers as «Ukrtelecom» and «PEOPLEnet» are rendering the 3G services to Ukrainian customers. At this time the National Commission on Communication Regulation issues more 3G licenses by means of tender, still it has been reported that not all applicants will have the possibility to get the license due to the lack of free radio frequency resources (among the applicants - «Kyivstar GSM», «Ukrainian Mobile Communications », «Astelit», «Ukrainian Radio Systems», «Golden Telecom» and «Intertelecom» (̉̀ «CDMA Ukraine»). It is expected that the release of frequencies in 2009 that is needed for the usage of 3G, promised by the Ministry of Defense of Ukraine, will allow to cope with demand and to grant the licenses to greater number of operators.

Longstanding attempts of privatization of the monopolist in the sphere of landline services – the Open Joint-Stock Company «Ukrtelecom» - have not brought a success so far. For 2009 the Government plans another attempt of selling the company, but, in view of great number of the opponents to this idea, the further destiny of «Ukrtelecom» remains unclear.

Konnov & Sozanovsky's lawyers render necessary legal assistance, supporting the contractual relations in these spheres, represent the interests of our clients before the state authorities. We have substantial experience in the legal support of agreements concluded at all stages of the provision of above mentioned services, including agreements between a television company (rights holder) and content provider, between a content provider and mobile telephony operator.

Konnov & Sozanovsky's lawyers have extensive experience in legal support of the provision of interactive television, pay television services. Starting from the first stages of the development of interactive television services in Ukraine (such as various SMS quizzes, SMS polls on television) our experts have been advising clients on different issues of the interactive television services.

Konnov & Sozanovsky propose first-rate legal services in the sphere of television, film and video production, including in particular the creation of interactive television programs, and post-production. Konnov & Sozanovsky’s lawyers advise television companies, cable operators, mobile operators and mobile content providers, landline telephony telecommunications operators, IP-telephony operators (providers), Internet providers of Ukraine. We provide legal support with regard to the acquisition and sales of companies and establishment of joint-ventures. Lawyers consult on antimonopoly and tax issues in the sphere of telecommunications.

Our attorneys participate in the preparation of documents for obtaining licenses in the field of telecommunications, permits for usage of the numbering resource, have experience in participation in tenders for obtaining licenses for carrying out certain types of business activities in the sphere of telecommunications and licenses for the utilization of radio frequency resource of Ukraine.

Konnov & Sozanovsky provides legal services in the sphere of lease of fiber optic communication lines, lease of satellite transponder capacity for the transmission of television and other signals (provision of services of signal transmission within satellite’s coverage area). Our lawyers render legal support on agreements for delivery and lease of professional telecommunication, television, computer and other equipment, agreements of installation and maintenance of such equipment, advise on the issues of import of equipment in the customs territory of Ukraine.

Konnov & Sozanovsky renders full range of legal services in the field of intellectual property for telecommunication operators, providers, content providers, including consulting on and other legal support in regard to interaction with collective management societies of Ukraine. We have outstanding successful experience in court protection of copyright and related rights to various types of mobile content (ringtones, realtones, ringback tones, etc.).

The Russian and technologies in the sphere of telecommunications are developing dynamically. Large capital investments were made recently into the telecommunication technologies of the CIS. Still, much more is expected to be spent in the nearest future on the implementation of the technologies and new services offer.

The mobile services market is represented by a number of companies, the major of which are the Open Joint-Stock Company «Vympelcom» (TM «Beeline»), Open Joint-Stock Company «MTS» (TM «MTS-Connect») and Open Joint-Stock Company «Megafon» (TM «MegaFon»).

In 2008 the companies have faced the new need in personal landline facilities in order to keep their competitiveness on the market. The new practice has been launched by «Vympelcom» through acquisition of «Golden Telecom» - a provider of landline services, which granted the company a significant advantage before other providers on the Russian market.

With the development of telecommunications grows the number of legal acts regulating this market segment. Amendments to the regulatory legal base and new requirements affecting players operating on the market, are aimed at the enforcement of the applicable law, including antimonopoly provisions, and the creation of a transparent, approved model of the tariffs calculation.

Konnov & Sozanovsky’s lawyers are deeply involved in the implementation and development processes of such services as “mobile television” and “mobile Internet” in Russia, providing necessary legal assistance and support in contractual relations in these spheres, and representing the clients’ interests before the state authorities. We have substantial experience in the legal support of agreements concluded at all stages of the provision of above mentioned services, in particular, relations between a television company (rights holder) and content provider, between content provider and mobile telephony operator; in the sphere of the legal assistance in the interactive television service rendering, pay television. Our lawyers propose first-rate legal services in the sphere of television, film and radio production, including the creation of interactive television programs, and post-production; consult and represent television companies, cable operators, mobile operators and mobile content providers, landline telephony telecommunications operators, IP-telephony operators (providers), Internet providers of Russia; provide legal support in regard to the acquisition and sales of the companies and establishment of joint-ventures; consult on antimonopoly and tax issues in the sphere of telecommunications; provide legal assistance regarding matters of telecommunication nets’ interconnection/integration; provide legal services in the sphere of lease of fiber optic communication lines, lease of satellite transponder capacity for the transmission  of television and other signals (provision of services of signal transmission within satellite’s coverage area); the agreements for delivery and lease of professional telecommunication, television, computer, and other equipment, agreements on installation and maintenance of such equipment; advise on the issues of import of the said equipment to the customs territory of Russia; and render a full range of legal services in the field of intellectual property for telecommunication operators, providers, and content-providers.

Leading Lawyer Key Practice Office Position  
Derbal, Yevgeniya Tax law Kiev (Ukraine) Partner
Yaremchuk, Helen Corporate law Kiev (Ukraine) Partner
Konnov, Sergei Corporate law Kiev (Ukraine) Senior partner
Gluhovskaya, Tatiana Intellectual property law Kiev (Ukraine) Đartner
Sozanovsky, Sergei Copyright and media law, tax law, real estate Kiev (Ukraine) Senior partner
Mirsky, Victor Copyright and media law Kiev (Ukraine) Partner
Ivanov, Alexey Corporate law Kiev (Ukraine) Managing Partner
Kochergina, Olena Commercial law, real estate, construction, land law Kiev (Ukraine) Partner
Pokotylo, Alexey Commercial Law and Contarcts Kiev (Ukraine) Partner