As reported in Chambers Global 2008 Guide to the World's Leading Lawyers for Business:

"It has a skilled telecommunications group that represents national and international clients in regulatory, licensing, competition, foreign ownership and M&A issues.

Gregory Kane QC heads the group in Ottawa. 'He has terrific judgement and really knows his stuff,' say sources, while others laud his years of experience. He acts for clients in copyright, regulatory, satellite and privatisation matters in front of the CRTC, Industry Canada and Canadian Heritage."

Background

Prior to joining Stikeman Elliott, members of the Telecommunications Group gained valuable experience working in a variety of capacities, including senior executive positions for companies in the regulated communications sector in Canada and in senior positions at the Canadian Radio-television and Telecommunications Commission (CRTC). They remain on the leading edge of new technology and legal issues through regular appearances before the CRTC, Industry Canada, research and writing, participation in conferences and teaching at universities. All of this enables the members of the Group to keep pace with the rapid developments and innovations that are characteristic of the telecommunications and broadcasting sectors in Canada and abroad.

As a result of the significant developments last year in terms of Government policy and regulatory approach, we have made changes to the practice group composition to better serve our clients in this new and exciting regulatory environment.  Given Government policy that directs the CRTC to rely on market forces to the maximum extent feasible, we consider the telecommunications practice group should include knowledge and experience with respect to the past and current administration of the Telecommunications Act and related regulations as well as the Competition Act.  In our view a practice group should also provide a range of expertise and seniority that permits work to be done at the most appropriate level of experience and billing rate.

Experience

More specifically, the Group possesses a wide and varied experience with respect to domestic and international telecommunications and broadcasting law activities. The communications sector in Canada is still subject to a significant degree of regulation. Members of the Telecommunications Group at Stikeman Elliott have a breadth of experience relating to the principal forums including the CRTC, the Competition Bureau, the Departments of Industry and Canadian Heritage as well as the Federal Court and Supreme Court of Canada in judicial review activities. While we have acted principally for private sector clients, we have also been retained by government agencies and organizations in Canada and abroad.

Telecommunications

With respect to the regulation of telecommunications in Canada, members of the Group have acted as counsel and have provided advice of both a general and a more specific nature to a number of telecommunications common carriers (terrestrial, wireless and satellite), resellers and users. Our experience includes the following:

• Relative to the CRTC, members of our Group have appeared as counsel in regulatory proceedings pursuant to the Telecommunications Act such as rate and service applications, applications for entry, licensing, the provision of competitive domestic and international telecommunications services including resale and sharing applications for forbearance from regulation, as well as CRTC jurisdiction respecting the Internet and Internet Service Providers; and
  
• Relative to the Department of Industry we have acted as counsel in the context of major licensing initiatives and transfers of licences pursuant to the Radiocommunication Act including domestic and global satellite services, wireless services including cellular telephone, paging, public cordless telephone service, policy proceedings to define licensing criteria for new services, the Telecommunications Policy Review, foreign ownership issues and proceedings which culminated in the drafting of new legislation and regulations.

Broadcasting, Specialty Services and Broadcasting Distribution

Although Canada is experiencing convergence, broadcasting communications matters are regulated by the CRTC separate from telecommunications under the administration of the Broadcasting Act and the establishment of policy by the Department of Canadian Heritage. Experience with respect to the broadcasting sector has included the following:

• Relative to the CRTC, acting on behalf of clients in a wide variety of proceedings including licensing of radio, television and specialty undertakings, cable television, satellite and other wireless broadcasting distribution undertaking activities, authority for the transfer of licences as a result of acquisitions or mergers, foreign ownership issues, licence renewals, and policy proceedings as well as CRTC jurisdiction with respect to conventional and new media services relative to Internet distribution;
  
• In the CRTC proceedings described above, we have acted on behalf of applicants for licences to be issued by the CRTC, as well as interested parties in intervention either supporting or opposing applications filed by others; and
  
• Relative to major acquisitions and financings of companies in this regulated sector, we have provided comprehensive legal advice to the companies involved and financial institutions.

Mergers and Acquisitions

Drawing upon the strengths inherent in a team approach, lawyers in the Group have provided the regulatory component in major corporate transactions. This has included securing regulatory approvals where required and guidance with respect to limitations on foreign ownership in both the telecommunications and broadcasting sectors.

International

Stikeman Elliott has provided counsel to private sector clients and to a number of governments and administrations as a result of the World Trade Organization Agreement on Basic Telecommunications. Some of the countries and administrations include: Italy, Belgium, Hungary, Romania, South Africa, India, Pakistan, Bangladesh, Chile, Solomon Islands and the Bahamas.

Legislation

Members of our Group have advised government departments and private sector clients in the drafting of legislation and legislative amendments with respect to the Telecommunications Act, the Broadcasting Act, the Radiocommunication Act, the Telesat Canada Act, and the Teleglobe Canada Reorganization and Divestiture Act.

Privatization

There have been significant privatization activities in Canada regarding the telecommunications sector and Stikeman Elliott has acted for the Canadian Government as vendor, for a Crown Corporation being privatized, and for potential purchasers of companies being privatized. The Telecommunications Group, in association with other relevant practice groups in the firm, has provided wide-ranging advice and legal services to both structure and execute the privatization mandates. This includes advice on securities and financial aspects through to the policy and legislative drafting required to complete the privatization. In addition, with the benefit of experience gained in the Canadian context, the relevant practice groups in Stikeman Elliott have also provided advice on privatization activities in other jurisdictions.