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How to Recover Digital Sovereignty: Ten Measured Steps for Governments and Regulators
Governments face growing pressure to regain digital sovereignty without discouraging investment. This article outlines ten evidence-based steps to help regulators balance national interests with fair competition in the submarine cable industry, from data-driven policymaking and transparent permits to resilience measures and equitable regulatory fees. A roadmap for protecting connectivity and strengthening sovereignty.

Andres Fígoli
Sep 2114 min read


Equitable regulatory charges for submarine cables: towards a fair model
Regulatory fees serve several purposes: to compensate states for the use of their maritime space, to ensure environmental protection, and to support administrative processes related to the protection of submarine cables, including instances of conflict with other new seabed infrastructure.

Andres Fígoli
Jul 217 min read


Sustainability in the Submarine Cable Repair Market
In submarine cable damage litigation, judges frequently question the exorbitant costs of maintenance operations. Surprisingly, from 30% and up to 70% of the total average repair cost (USD 1.5-2 million) stems from fuel expenses for vessel transit from port bases to fault locations, rather than the repair itself. This raises a critical consideration: Could alternative maintenance vessels in closer proximity have reduced fuel consumption and costs?

Andres Fígoli
May 216 min read


Five things you need to know about marine maintenance agreements
When it comes to submarine cables, marine maintenance contracts are critical to ensuring the reliability and longevity of these vital ...

Andres Fígoli
Jan 225 min read


Key principles for writing effective legal opinions
Writing legal opinions is a pillar of legal practice, requiring not only a deep understanding of the law, also strong analytical and...

Andres Fígoli
Jan 227 min read


Three things you need to know about cable landing agreements
Cable landing agreements are critical to the deployment and operation of submarine communications cables when many parties are involved. Here are three things you need to know about them...

Andres Fígoli
Nov 21, 20247 min read


Legal & Regulatory Matters Year in Review: Perspectives of Andrés Fígoli
2024 has been a pivotal year for the launch of several international initiatives in the field of submarine cables. In this report, we...

Andres Fígoli
Nov 12, 202412 min read


The “dark side” of marine insurance
Recent statistics presented at the plenary session of the International Cable Protection Committee (ICPC) 1 continue to clearly attribute the cause of telecom submarine cable failures to human activity, accounting for 85% of all cases, with fishing followed by anchoring as the main factor...

Andres Fígoli
Sep 18, 20247 min read


How to negotiate agreements with the OTTs
Today, Over-The-Top (OTT) companies such as Amazon, Google, Meta and Microsoft have a clear dominance in most submarine cable routes around the world, whether through their own infrastructure, consortiums or even long-term agreements such as fibre or capacity Indefeasible Rights of Use (IRU) agreements. With recent announcements of new long OTT cable systems in almost every ocean, the gap between OTTs and the telcos is widening every quarter.

Andres Fígoli
Jul 16, 202412 min read


Why are force majeure clauses important?
Force majeure clauses are vital in submarine cable contracts, adapting to specific risks and jurisdictions to ensure smooth operations.

Andres Fígoli
May 21, 20249 min read


Antitrust issues in a submarine cable consortium
Whenever there is a new submarine cable consortium project, the legal and regulatory analysis is initiated by the prospective landing...

Andres Fígoli
Mar 21, 20248 min read


Avoiding greenwashing in the cable industry with genuine environmental practices
Greenwashing is a marketing strategy in which companies exaggerate or misrepresent their commitment to environmental sustainability,...

Andres Fígoli
Jan 24, 20246 min read


Culture of regulatory good standing
It is imperative that a company has efficient processes and regular checks in place to comply with the changing regulatory framework in...

Andres Fígoli
Nov 23, 20235 min read


Legal & Regulatory Matters Year in Review: Perspectives of Andrés Fígoli
Submarine cables continue to play a key role as critical global communications infrastructure. Accordingly, discussions and regulatory...

Andres Fígoli
Nov 1, 20238 min read


When Customers Don't Pay Their Bills
After successful service, carriers may face non-payment issues due, including bankruptcy, payment delays, or intentional debt evasion.

Andres Fígoli
Sep 19, 20237 min read


How to be onboard in a Maritime Spatial Planning Initiative?
Maritime Spatial Planning or MSP initiatives may consist of a set of frameworks and processes used to manage and regulate human...

Andres Fígoli
Jul 26, 20235 min read


Three things you should know about capacity IRU agreements
Understanding key aspects of submarine cable capacity IRU agreements. Here are some guidelines that salespeople and lawyers should follow...

Andres Fígoli
May 21, 20235 min read


Is it advisable to make submarine cable damage claims?
Yes, indeed. This straightforward question involves reflection on whether a submarine cable owner has any scope for action when its...

Andres Fígoli
Mar 30, 20235 min read
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