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TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPINTRODUCTION TO THETELECOMMUNICATIONS,MEDIA & TECHNOLOGY (TMT)PRACTICE GROUPLIM CHONG KINManagingDirector,Corporate &FinanceHead of TMTPractice GroupDrew & Napier’s Telecommunications, Media& Technology (TMT) Practice Group isconsistently ranked as the leading IT,telecoms, broadcasting and multimedia legalpractice in Singapore. The firm possessesunparalleled transactional, licensing andregulatory experience in the TMT and postalsectors in Singapore. The strength of ourteam, headed by Director Lim Chong Kin, liesin a carefully-selected mix of more than 10lawyers and paralegals familiar withinfocomms and media law, data protection,and sector-specific and general competitionlaw.A trailblazer in the telecommunications andmedia competition law scene, the TMTPractice Group has constantly worked onevery significant development in theSingapore TMT market. In 1999, Chong Kinwas the lead Singapore counsel appointedby the Info-communications DevelopmentAuthority (IDA) to draft the TelecomCompetition Code (TCC), the first industrywide competition legislation in Singaporeand precursor to the country’s generalcompetition regime. In 2004 and again in2009-12, Chong Kin was reappointed torevise the TCC as part of its first and secondtriennial review exercises. In the mediascene, Chong Kin was appointed as leadSingapore counsel by the MediaDevelopment Authority (MDA) in drafting theMedia Market Conduct Code in 2003. Today,the team continues to advise MDA onenforcement, licensing, regulatory andmarket access issues, in particular theimplementation of novel regulatorymeasures relating to cross-carriage ofcontent by pay-TV operators. Chong Kinalso led the drafting of the PostalCompetition Code in 2007 to facilitateliberalisation of the postal industry inSingapore.In addition to conceptualising and draftingof regulatory frameworks, the TMTPractice Group routinely assists regulators toenforce and implement their directions,regulations and decisions against licensees,mandating market access and addressingRECENT NOTABLE MATTERS Technology: Data centre deployment– assisted two of the world’s foremostInternet and computing companies insetting up Singapore data centres toserve Asia Pacific requirements. Data Protection and Compliance:Assisting a range of leading multinational corporations and localorganisations to formulate andimplement compliance programmes tomeet Singapore data protectionrequirements. Telecoms: Lead local counsel to IDAin reviewing the Telecom CompetitionCode to implement amendments to theTelecommunications Act, as well asreviewing various implementingguidelines under the TelecomCompetition Code 2012. Regulatory Advisory Services: SriLanka Policy and Regulatory AdvisoryProject (for installation of a nationalNext-Gen Broadband Network). Media: Revisions to Media MarketConduct Code, and assisting MDA inimplementation of a landmark exclusivecontent “cross-carriage measure”.unfair competition issues. Chong Kin and histeam have advised IDA on the enforcementand implementation of licensees’ obligations,for example in respect of licensees’ ability toroll-out fibre-to-the-home networks. ThePractice Group has also advised IDA on allcompetition and regulatory issues in threegroundbreaking infrastructure developmentinitiatives – the establishment of the NextGeneration Nationwide Broadband Network(Next Gen NBN), Singapore InternetExchange, and the National AuthenticationFramework. In numerous instances, thePractice Group has also been involved indefending regulators against ministerialappeals filed by licensees. Recently, ChongKin and his team successfully defendedMDA’s decision in a landmark case1
TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPconcerning the application of mandatorycross-carriage requirements to certainexclusive pay-TV content. Chong Kin and histeam have also advised Singaporeregulators on their international obligationsand interactions with regulators of othercountries.Today, the TMT Practice Group acts for abroad range of clients – from established fastmoving consumer goods MNCs to technologystart-ups, to sectoral regulators (both localand foreign): We regularly act for technology leadersand start-ups in information technology,data privacy and protection andcommercial matters (including Researchin-Motion/Blackberry); We are routinely consulted on commercial,licensing and regulatory matters by globalclients, including regional telecommunicationservice providers (including AT&T, Pacnet,Sprint, FLAG and Reliance) and internationalbroadcasters (including NBCUniversal,Discovery, ESPN, Chellozone and Sony);and We are often called upon to provide highlevel advisory and consultancyservices to various regulators, includingIDA, MDA, the Competition and ConsumerCommission of Singapore (CCCS), thetelecoms regulator of Sri Lanka, and mostrecently, the Personal Data ProtectionCommission (PDPC).In 2014, for the 16th consecutive year, Drew& Napier’s TMT Practice Group has beenretained as IDA’s external legal andregulatory advisors, a record which speaksvolumes for its proven ability to delivereffective, timely and commercially-relevantsolutions to its clients. Since 2013, Drew &Napier’s TMT Practice Group has also beenappointed as external legal and regulatoryadvisors to the PDPC, which has beenestablished to administer the new PersonalData Protection Act.The TMT Practice Group is also particularlyexperienced in a wide range of technologylaw issues. Clients who trust Drew & Napieron technology matters include MNCs, publiclisted companies, statutory boards and someof the most established names in Singapore.We have advised and acted for clients indrafting, reviewing and/or negotiatingRECENT ACCOLADES Chambers Asia Pacific: Band 1 TMTfirm in Singapore for 2022, 2021, 2020,2019, 2018, 2017, 2016, 2015, 2014,2013, 2012, 2011, 2010, 2009, 2008;Chambers FinTech: Band 4 firm inSingapore for 2022 Asia Pacific Legal 500: Tier 2 TMTpractice for 2020/2021, 2019/2020; Tier 1for 2018/2019, 2017/2018, 2016/2017,2015/2016, 2014/2015, 2013/2014,2012/2013, 2011/2012, 2010/2011,2009/2010, 2008/2009 asialaw Profiles: Outstanding (IT,Telecoms & Media) for 2016, 2017, 2018,2019, 2020, 2021, 2022; HighlyRecommended (IT, Telecoms & Media)for 2013, 2014, 2015 Asian-MENA Counsel In-HouseCommunity Firm of the YearSingapore Telecommunications, Media &Technology Firm of the Year 2016 The International Who’s Who of Data(IT, Telecoms & Media) 2020/21 andThe International Who’s Who ofCompetition Lawyers and Economists2020/21 both recognise Chong Kin as aleading lawyer in regulatory andcompetition advisory work Asian Legal Business names Chong Kinas one of Asia’s Top 15 TMT Lawyers 2021 The Straits Times – Singapore’s BestLaw Firms: Rated perfect score of 5 starsfor 2022various technology contracts relating toconsultancy and project management,website service agreements (includingprivacy policies and data managementprocedures), outsourcing, softwareintegration, bespoke hardware andsoftware, and hardware/softwaremaintenance. The firm’s broad client baseallows it to offer unique insights on the TMTindustry from all perspectives.2
TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPEXPERTISEOur client base spans MNCs and localcompanies across industries, as well as theentire spectrum in the TMT sector, rangingfrom telecommunication carriers, serviceproviders, network operators, hardwaremanufacturers, equipment suppliers,consultants, specialist contractors, softwarehouses, leading global broadcasters andcontent providers, and international law firms.Telecoms & Technologyfor the client. The complex technicalspecifications and high degree ofcustomisation required the working teamto, amongst other things, understand anddevelop innovative solutions to protectclient’s interests (including protection ofownership rights, and safeguardingagainst failure or inadequacy of design orconstruction) and preserve intellectualproperty rights. Advised a major Internet services providerand search portal in respect of its legalneeds for the Asia Pacific region. Thisincludes instructing and directing counselin various countries, drafting templateservice and distributor agreements,adapting end-user software licensingarrangements and drafting marketingagent agreements. Successfully assisted a regionalsubmarine cable operator in obtaining IDAFacilities-Based Operations licensing fornew cable deployment out of Singapore,including advising on backhaul access andsetting up cable landing facility. Advised and assisted a regionalsubmarine cable operator in its preparationof a facilities sharing and accessagreement relating to a cable-landingstation in Hong Kong. Successfully assisted in negotiating anamicable settlement package on behalf ofa pan-Asian submarine cable networkoperator in its dispute with a dominanttelecom operator over a US 200mconvertible loan facility. Advised on a Master Licence Agreementbetween a key Singapore print mediacompany and a foreign online advertisingsolutions provider, in relation to targetedvideo commercials on a newly-launchedweb-based platform that allows Internetusers to view rich media and videocommercials online without buffering time. Advised a major Singapore-basedinsurance company in drafting softwarecustomisation and licensing agreementswith its IT-solutions vendors. Advised a leading Asian stock exchangeon a software development joint venture. Advising the world’s largest softwareprovider on the Singapore legal andA sampling of our recent notable telecomand technology industry experienceincludes: Assisting two of the world’s largestintegrated Internet and computingcompanies, under separate instructions, toassist in their respective plans to roll-outdata centres in Singapore. The purpose ofthese data centres is to host and supportsoaring data traffic volumes for the AsiaPacific region – including East Asia. As afull-service law firm, our assistance tothese two Fortune 500 firms include,without limitation: liaising with the nationaltelecoms regulator, IDA, on telecomslicensing requirements (including possibleFacilities-Based Operations and ServicesBased Operations); assisting on all legalaspects relating to conveyance of land,site selection, negotiations with the landauthorities (including Jurong TownCorporation); advising on energy andpower (including green energy) andconstruction issues; and legaldocumentation support (e.g. preparinginvitations to tender and drafting serviceagreements). All assistance is centrallycoordinated through the Drew & NapierTMT practice group, which also advisesthe companies on structuring theshareholding of the local operating entities.Successfully assisted a leading globalInternet service provider to apply for aFacilities-Based Operator licence, in orderto support its regional network deploymentplans.Advised a government-linked entity on itstender for the turnkey development of ahigh performance supercomputing facilityand data centre. Work tasks includeddrafting and reviewing tender documents3
TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPregulatory requirements in various cuttingedge developmental products, involvingconvergence of conventional softwareplatforms with IP telephony networks andstate-of-the-art technology. The TMTPractice Group assisted the client insuccessfully applying for an integratedServices-Based Operator licence from thetelecoms regulator, IDA. measure on pay-TV operators under theMedia Market Conduct Code. Acting for leading media content providers(including an international sports broadcastnetwork) in media and entertainmentrelated agreements, including:oBroadcast licence agreements;advised client on conferring rights to amedia company to broadcast, in adesignated territory, an internationalsporting event via various forms oftransmissions or distribution channels.Also advised client on reviewing,drafting and negotiating regionalbroadcast rights for le Tour de France.oPreparation of Host Venue Agreementfor staging sporting event in KL,Malaysia.oAcquisition of licensing rights of afamous musician’s characteristics foruse in an international sporting event.oService agreement – assisted clientsin drafting service provideragreements for the construction andset-up of props and varioustournament equipment for both indoorand outdoor venues.oMobile content services agreements –advised and assisted client inreviewing and drafting of thecollaborative arrangements made withvarious international football clubs forthe rights to exploit mobile contentservices in the nominated territory ofthese football clubs.oManufacturing and content licenceagreement – advised and assistedclient in reviewing of a licensingagreement with an established PRChandset manufacturer to manufacturemobile telecommunication handsetsand accessories under our client’sbrand name.Advised a leading gaming company on theintroduction of a revolutionary gamingconsole. Tasks included drafting,reviewing and negotiating numerousregulatory requirements (including multiplemarket regulators) for the roll-out.Media and EntertainmentOur notable experience in media andentertainment-related matters includes: Leading a consortium of consultants toconduct a study on the competition issuesin convergent media and telecommunications markets. Commissioned jointly byMDA, CCCS and IDA, the study involved,inter alia, an assessment of the state ofthe pay-TV market in Singapore, inparticular the effects of exclusive carriageagreements, and the bundling of mediaand telecoms services, on theseconvergent markets.Separately, we were also part of aninternational consortium of mediaconsultants engaged by MDA to undertakea study identifying international bestpractices for managing a competitivemedia market, and to recommend effectivestrategies for regulating a changing medialandscape. Appointed by MDA to advise on and draftthe Media Market Conduct Code toregulate the media and print industry inSingapore. Advising MDA on market access andlicensing issues, including the licensingframework for the introduction of newmedia services, such as niche subscriptiontelevision services including video-ondemand and IPTV services; and themigration of services between licensingregimes. Advising MDA routinely on issues relatingto the implementation of the cross-carriage Advising a leading international mediacontent provider on compliance with localgaming laws in respect of a proposedregional card game tournament. Advising the largest worldwidebroadcasting corporation (in terms ofaudience numbers) and the leading music-4
TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPtelevision channel on its regulatory andlicensing affairs in Singapore.Data Protection and ComplianceAuditsWe are regularly engaged by MNCs as wellas local clients across industries (includingairlines, manufacturing, entertainment, andfast-moving consumer goods), telcos andInternet companies to conduct regulatoryrisk audits of their business operations tohighlight potential areas of non-complianceand to assist in the rectification of anyproblematic agreements and conduct. Wehave gained considerable first-handexpertise in compliance audits, and our teamof lawyers is also experienced in conductingcompliance audits of business practices,existing legal agreements, and informalbusiness arrangements.In developing compliance programmes forour clients, we further value-add by creatingmanageable, staff-level compliance manualsand training programmes to ensure that ourclients are in a position to operationalisetheir compliance procedures on a day-to-daybasis, and will only need to rely on externalcounsel under exceptional instances. Ourdata protection compliance audit work forclients includes: Preparing data protection questionnairesrelating to existing data protectionpractices. Drafting inter/intra-organisation dataprotection policies. Developing and implementing standardoperating procedures to ensure thatbusiness practices comply with therelevant requirements under the PDPregime. Conducting data protection training foremployees to familiarise themselves withthe requirements of the Personal DataProtection Act.Regulatory Advice andEnforcementWe advise and represent national andsectoral regulators on enforcement actionsfor breach of competition laws andregulations. Some of the projects we haveundertaken include: Advising IDA and MDA in respect ofnumerous disputes and complaints underthe Telecommunications Act, TelecomCompetition Code and the Broadcasting Act. Advising IDA on enforcement action inrespect of contravention of the anticompetitive provisions in the TelecomCompetition Code (including abuse ofdominance and anti-competitivearrangements). Acted for IDA in the dispute betweenSingTel and Singapore Cable Vision overfacility access issues.Merger ClearanceWe have played instrumental roles informulating and implementing mergerframeworks in Singapore. As counsel toIDA and MDA, Chong Kin advised on thedrafting of the Telecom Competition Code,Media Market Conduct Code and PostalCompetition Code. We have also advisedthe CCCS on a number of mattersconcerning the implementation of thegeneral competition law.Chong Kin and his team assisted IDA toreview and revise its industry guidelinesrelating to anti-competitive conduct in thetelecoms sector.Our in-depth regulatory experience andfamiliarity with the ins-and-outs of thecompetition authorities translates into awealth of practical knowledge for industryclients to tap on. We advise companies onthe competition law aspects of theirproposed mergers and acquisitions, andprepare and lodge merger filings on behalf ofour clients.We successfully obtained mergerclearances for four majortelecommunications consolidations underthe Telecom Competition Code, and filed thefirst merger notification under the generalCompetition Act. Some of our telecomsrelated merger projects include: Acted for the telecommunications regulatorin conducting a competition merger reviewinvolving CityNet’s acquisition of OpenNet. Public takeover of Pacific Internet, aregional ISP-services giant, by a privateequity fund group: secured unconditional5
TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPmerger control approval from the telecomsregulator. Consolidation of C2C and AsiaNetcom:obtained merger control approval from thetelecoms regulator. Merger of Reliance and FLAG Telecom:obtained Singapore merger controlapproval from the telecoms regulator. Merger of SBC and AT&T: ObtainedSingapore merger control approval fromthe telecoms regulator. Acted for the telecommunications regulatorin conducting a competition merger reviewinvolving the consolidation of StarHub andSingapore Cable Vision (SCV) under theTelecom Competition Code.Legislative Drafting, Enforcementand Policy Adviceadvice focused on reviewing and draftingthe structural and operational separationrequirements in IDA’s request for proposalfor operators to design, build and operatethe Next Gen NBN infrastructure, and,drafting Singapore’s interconnection,market access and infrastructure sharingframework for the Next Gen NBN. Advising IDA on competition andregulatory issues concerning thegroundbreaking National AuthenticationFramework project. Acting for the telecommunicationsregulator on enforcement action againstthree major telecommunications licenseesfor their breach of their licence obligationsto provide 3G in-tunnel coverage, andrepresenting the regulator in the appealbefore the Minister.No other practice comes close to matchingour experience in drafting of TMT legislation,advising on enforcement and policyformulation. Some of the projects we haveundertaken include: Lead Singapore counsel in advising on theliberalisation of the Singapore postalindustry, including drafting of the proposedPostal Competition Code. Lead Singapore counsel for drafting of theTelecom Competition Code, consolidationframework and other guidelines issued inrespect of the Telecom Competition Codeand the two triennial reviews. Drafting of the framework for reviewing thecompetitive effects of mergers andacquisitions in the telecoms industry. Drafted Singapore’s first interconnection,market access and infrastructure sharingframework to regulate competition in thetelecoms industry, and triennial review ofthe Media Market Conduct Code. Drafting of the Media Market ConductCode 2003 to introduce competitionregulations to the media and print industry. Advising IDA on the implementation of theNext Gen NBN, including advising on theconceptualisation and evaluation ofprimary competition and regulatory issuesto ensure an open market accessinfrastructure framework. In particular, our6
TELECOMMUNICATIONS,MEDIA & TECHNOLOGYPRACTICE GROUPMain contactLIM Chong KinManaging Director, Corporate & FinanceHead, Telecommunications, Media & TechnologyDID: 65 6531-4110Fax: 65 6535-4864Email: chongkin.lim@drewnapier.comChong Kin practices corporate and commercial law with strong emphasis in the specialist areasof TMT law and competition law. He regularly advises on regulatory, licensing, competition andmarket access issues. Apart from his expertise in drafting “first-of-its-kind” competition legislation,Chong Kin also has broad experience in corporate and commercial transactions includingmergers and acquisitions. He is widely regarded as a pioneer in competition practice in Singaporeand the leading practitioner on TMT and regulatory work.Chong Kin has been named as one of Asia’s Top 15 TMT Lawyers 2021 by Asian Legal Businessin its inaugural list. He has won plaudits for being “terrific – very very knowledgeable in the TMTspace and very responsive” and ‘is a genuine subject matter expert and is also remarkablyresponsive and friendly’” (Asia Pacific Legal 500: 2020/2021: Tier 1); “a leader in this space[TMT]; his advice is both thorough and attuned to the regulator's intentions, which is reallyhelpful.” (Chambers Asia Pacific 2022: Band 1); and has been endorsed for his excellence inregulatory work and competition matters: Practical Law Company’s Which Lawyer Survey2011/2012; the International Who’s Who of Data (IT, Telecoms & Media 2020/21) and theInternational Who’s Who of Competition Lawyers & Economists 2020/21. Asialaw Profiles2013 notes: “There is no one who matches him in responsiveness. He’s always personallyinvolved. He’s always responding to e-mails and timelines are always met without compromisingquality”.7
procedures), outsourcing, software integration, bespoke hardware and software, and hardware/software maintenance. The firm's broad client base allows it to offer unique insights on the TMT industry from all perspectives. RECENT ACCOLADES Chambers Asia Pacific: Band 1 TMT firm in Singapore for 2022, 2021, 2020, 2018, 2017, 2016, 2015, 2014,
