In some jurisdictions, however, the rollout of fibre networks is progressing slower than needed, with deployment falling well behind government coverage targets, as the sector grapples with increasing rollout cost, skills shortages, logistical and regulatory constraints, and overbuild risks.
In other jurisdictions, lower than projected take-up rates for fibre-to-the-home (FTTH) connections remains the key challenge for operators and investors realising the value in their fibre investments.
With billions in capital investment required, the nature and scale of government interventions (such as subsidies, voucher schemes, government contracts, PPPs, and concessions) can have significant impacts on project economics and investment case, with approaches varying widely between different jurisdictions around the world.
More consistent, however, is the approach governments are taking to classifying fibre networks as critical infrastructure and subject to more stringent regulatory and legal requirements, including from a foreign direct investment (FDI) perspective.
Our Telecommunications team brings together extensive industry knowledge and a deep understanding of the unique challenges and opportunities with fibre assets. We have experience advising developers, owners, investors and consortiums, operators, suppliers and end-users across the full spectrum of fibre network projects, including advising on:
- rollout and deployment arrangements, including co-location and path sharing arrangements between developers
- managing supply chain disruptions and sub-contractor risks
- fibre access and services agreements, including wholesale services to ISPs (leases and IRUs) and the supply of retail broadband services
- the acquisition of fibre assets (including acquisition structuring and associated tax considerations, to optimise investment frameworks)
- establishing fibre joint ventures
- maintenance and network support contracts
- cybersecurity risks, measures to address potential vulnerabilities, and compliance with relevant regulatory requirements to protect the integrity of network infrastructure
- disputes relating to fibre rollout and network support
