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Rory Macmillan:
Transactions, Projects and Disputes

Communications Sector Projects and Disputes

World Bank advisor on drafting a new telecom law for Solomon Islands (current).

Independent expert determining a dispute between a purchaser and seller of a mobile operator in Burundi.

Chairman of an arbitration panel in a dispute between the new entrant mobile operator Digicel and the incumbent operator of Trinidad and Tobago.

Advising Injaz Projects in the formation of the Tawasul Consortium and its US$ 4.3 billion bid for the third mobile licence in Saudi Arabia; the consortium’s bid qualified successfully and was the third highest (MTC was the highest bidder at US$ 6.1 billion).

Chairman of the Settlement Committee and Independent Expert (mediator/adjudicator) in a €20m dispute process involving two major European companies listed on the London Stock Exchange, New York Stock Exchange and Paris Bourse.

Mediator in dispute between Government of Fiji and the national telecom operators with respect to the process of liberalization.

Advising Saudi Telecommunications Company (STC) on proposals for regulation of rights of way and co-location and on regulatory matters in connection with its bid for the third mobile licence in Egypt.

Advising the Telecommunications Regulatory Authority of the Republic of Lebanon in the establishment of its regulatory regime.

Mediator for World Bank in dispute between Government of Vanuatu and the national telecom operator and its shareholder with respect to the process of liberalization.

Advising the Telecommunications Regulatory Authority of the United Arab Emirates on dispute resolution procedures, price transparency, consumer and other matters.

World Bank advisor drafting the Telecommunications Law for the Solomon Islands.

Advising the Telecommunications Regulatory Authority of the United Arab Emirates on overall regulatory strategy, with Booz Allen Hamilton.

Advising the National Media Council of the United Arab Emirates regarding a policy framework and legislative roadmap for the UAE media sector, with Booz Allen Hamilton.

Advising the Lebanese Telecommunications Regulatory Authority on policy issues related to the upcoming mobile licensing.

Advising KPN, the Dutch national operator, in negotiations over a dispute with another European PTT and various other telecom operators.

Advising the Communications and Information Technology Commission (CITC) of Saudi Arabia in connection with the establishment of a dispute resolution process, including drafting procedures and providing training.

World Bank advisor on the liberalization of the telecom sector of Liberia in light of exclusivity rights in operators’ licenses.

Advising Saudi Telecom Company (STC) regarding various regulatory matters.

Advising the Egyptian National Telecommunication Regulatory Authority in connection with the establishment of a dispute resolution process for the Egyptian telecom sector, under U.S. Commerce Department Commercial Law Development Program.

World Bank advisor on the liberalization of the telecom sector of Fiji in light of exclusivity rights in operators’ licenses, and advising on drafting a new telecom law and tender for second mobile operator.

Negotiating €40-120m of claims by companies in 110 countries against a European incumbent operator.

Advising the Palestinian Authority on tendering a second Palestinian mobile licence for which the winning bidder (Wataniya) bid US$ 350 million.

Advising Turkey’s two largest conglomerates (Koç Holding and Sabancı Holding) on the European and Turkish telecom regulatory regimes, including the new draft Electronic Communications Law, in connection with their potential bid for the privatization of Turk Telekom or mobile operator Telsim in the forthcoming sale by the Turkish government.

Providing training on telecom regulation and dispute resolution for International Telecommunication Union (ITU) workshops for European, Arab and West African region telecom regulators – in English and French (Geneva, Bahrain, Burkina Faso and Gambia).

Advising the Palestinian Authority on telecom sector reform under a World Bank project with Adam Smith International, including drafting the framework for a new Telecom Law.

Leading workshops on dispute resolution for the Indian Telecommunications Disputes Settlement and Appeals Tribunal (TDSAT) (Delhi).

Various commercial mediations.

Advising an alliance of telecom and information technology companies in negotiating their alliance terms and application for a data telecom license in Saudi Arabia, with Connexus Consulting.

Advising a consortium in the data telecom licensing process in Saudi Arabia, including advising on pre-qualification and negotiating the consortium agreement, with Connexus Consulting.

Advising a consortium with respect to regulatory aspects of their potential bid for the new long distance and international license in Algeria, as well as advising on their consortium agreement, with Connexus Consulting.

Advising a mobile telecom operator in Bahrain in connection with responses to a regulatory consultation on carrier pre-selection by the Bahrain Telecommunications Regulatory Authority, with Connexus Consulting.

Advising a consortium of two major Saudi conglomerates (Nesma and Al Faisaliah Group) in connection with an extensive response to a regulatory consultation on data communications services by the Saudi Communications and Information Technology Commission, with Connexus Consulting.

Advising Saudi Broadband Company in connection with the development of its business and regulatory matters, with Connexus Consulting.

Advising Saudi Telecom in connection with an extensive evaluation of the Saudi telecom regulatory framework and its liberalization process in light of international best practice, with a particular focus on the EU regulatory framework.

Advising the Ministry of Telecommunications of the Republic of Lebanon concerning the preparation of secondary legislation implementing the proposed liberalization and reform of the telecom sector, including in relation to privatization of the state telecom monopoly and establishment of an independent regulatory authority and licensing regime, with Connexus Consulting.

Advising newly privatized Saudi Telecom in connection with the liberalization of the Saudi telecom sector, its license and strategic approach to the newly established Saudi Communications Commission, with Booz, Allen & Hamilton.

Advising a consortium of U.S., Saudi Arabian and Italian companies seeking a GSM license in Afghanistan, establishing a local agent in Afghanistan, and advising the consortium in its approach to and meeting with the Minister of Communications of the Government of Afghanistan.

Advising the Minister of Economy and the Higher Council for Privatization of the Republic of Lebanon in planning its privatization program, including preparing an inception report setting forth the process and prioritizing issues for privatization (consultant under EU Investment Planning Program).

Consultant to the World Bank, drafting the Lebanese Telecommunications Law relying extensively on key EU regulatory framework principles, and advising the Minister of Telecommunications of the Republic of Lebanon on regulatory strategy with a view to introducing a new licensing regime, privatizing the incumbent fixed line operator and liberalizing the telecom sector.

Co-Moderator of the International Telecommunications Union’s forum for interconnection dispute resolution on its on-line Global Regulator’s Exchange (GREX).

Transactions with Debevoise & Plimpton

Advising eircom, Ireland’s leading telecom company, in connection with the international issuance of €1 billion in notes.

Advising a consortium of Turkish investors (Koç, the largest conglomerate in Turkey, and Turk Telekom) bidding to acquire Bulgaria Telecommunications Company, including advice to the consortium on the Bulgarian telecom regulatory environment in transition to compliance with European requirements.

Advising Portugal Telecom and the Government of Portugal in several stages of privatization of Portugal Telecom, including advice with respect to the evolving European regulatory framework and related risks to investors.  Transactions included several global public offerings of its shares with a total value of over $5.7 billion through primary and secondary offerings on the New York Stock Exchange and the Lisbon Stock Exchange registered with the U.S. Securities and Exchange Commission (SEC).  Also advising Portugal Telecom in various medium term note (MTN) programmes.

Advising Carrier1, then the leading pan-European telecom provider, in debt restructuring, including two $225 million bond exchange offers, corporate rescue and multinational insolvency in Germany, Switzerland, Austria, the U.K., Luxembourg and other European jurisdictions.

Advising Goldman Sachs and Morgan Stanley in the $1.5 billion initial public offering (IPO) of shares in United Pan-Europe Communications (UPC), the leading pan-European cable, telephony and Internet provider, including regulatory analysis of various European markets and E.U. telecom regulation, and registration with the SEC, listing on Nasdaq and the Amsterdam Stock Exchange.

Advising American Airlines and Eagle Airlines in restructuring their fleet as part of AA’s overall cost reduction program.

Advising a consortium of institutional investors preparing to acquire the $1.5 billion private equity portfolio of Deutsche Bank, the largest ever secondary market private equity transaction.

Advising the European Bank for Reconstruction and Development (EBRD) and Hancock Venture Partners in venture capital investments in Russian companies.

Advising Commonwealth Development Corporation (CDC) in connection with an investment in a Tanzanian telecom operator.

Advising Bankers Trust in a $100 million proposed bond offering by a leading Russian bank.

Advising Phelps Dodge as a member of a consortium bidding for the assets of Zambia Consolidated Copper Mines (ZCCM), including advice on the terms of the proposed privatization and bidding documents.

Advising International Finance Corporation (IFC) in a $450 million securitization and global offering of its loan portfolio, the first ever loan portfolio securitization, and registration with the SEC.

Advising Zephyr Capital in setting up a $50 million South African private equity investment fund.

Advising Bear, Stearns & Co. in a $100 million Brazilian Brady Bonds structured finance transaction.

Advising Central European Media Enterprises (CME), a leading Central and Eastern European television company, in various media joint ventures and financings in Ukraine and Slovenia.

Advising Goldman Sachs in the $150 million spin-off of Netcom, the Swedish mobile carrier, including analysis of the EU and Swedish regulatory environments. Numerous other small international M&A investments, financings and corporate transactions.

© Macmillan Keck 2021, Geneva - New York

Macmillan Keck, Rory Macmillan, Richard Keck, Richard Paul Keck, Richard P. Keck, lawyers, legal, international, corporate, commercial, regulation, regulatory, privatizations, license tenders, dispute resolution, mediation, arbitration, technology, telecom, telecoms, telecommunications, Internet, IT, IP, ICT, solicitors, attorneys, consultants, advisers, advisors, advocates, counselors, law, global, U.S. United States, American, EU, Europe, New York, Georgia, Geneva, Genève, Switzerland, UK, United Kingdom, England, English, Britain, British, Middle East, Africa, Asia, India, Arab, MENA, Saudi Arabia, Lebanon, Bahrain, UAE, United Arab Emirates, Dubai, business, company, corporate finance, transactions, contracts, agreements, project finance, project development, infrastructure projects, securities, banking, credit, financial services, auctions, competition, antitrust, public law, disputes, complex litigation, intellectual property, license, licensing, licence, licencing, outsource, outsourcing, offshore, offshoring, high tech, information, data, data protection, privacy, information security, telemarketing, spam, communications, telephony, telephone, cable television, CATV, cable, satellite, television, radio, broadband, fiber optic, mobile, wireless, cellular, cell, WiFi, WiMAX, power line communications, PLC, broadband over power lines, BPL, IPR, web, worldwide web, cyber, cyberspace, computers, computing, information technology, information technology, e-commerce, ecommerce, e-business, ebusiness, software, application service provider, ASP, information service provider, ISP, value added reseller, VAR, supplier, distributor, reseller, manufacturer, firmware, hardware, electronics, electric utility, utilities, electric power, utility, utilities, Harvard Law, Emory, University of Edinburgh Faculty of Law