Legal & Regulatory Matters: A Year in Review with Andrés Fígoli
- Andres Fígoli
- Nov 6
- 8 min read
Legal & Regulatory Matters: A Year in Review with Andrés Fígoli
The year 2025 has stood out as one of the most transformative for the global submarine cable industry. The intersection between law, technology, and geopolitics has never been more visible. The sector faces an era of unprecedented regulatory complexity. These developments underline an urgent need for coordinated governance that balances investment incentives, sustainability, and resilience in a globally interconnected ecosystem.
Market Sustainability
The sustainability of the submarine cable market is increasingly linked to its structural diversity — both in infrastructure ownership and operational models. In 2025, several developments highlighted how market concentration can directly affect resilience, competition, and innovation within the global connectivity ecosystem.
In April 2025, six European competition authorities issued a joint statement 1 warning that a reduced number of infrastructure providers can undermine resilience, service quality and innovation. Also, during this year the UK Parliament’s Joint Committee on the National Security Strategy heard evidence 2 that nearly 75% of potential UK–US transatlantic capacity is concentrated in just two cables, with both landings at a single point. Even though this news was repeated without the proper clarifications from its authors (e.g. use of alternative routes), it created the valid mass media concern as to whether such clustering would pose strategic risks. Indeed, route and landing diversity remains a key element of resilience, and market concentration can create vulnerabilities in contingency planning, such as when older cables fail or are decommissioned.
These dynamics extend beyond wholesale telecom markets to cable laying and maintenance services. In response, many countries have undertaken information-gathering initiatives to better understand subsea activity, while collaboration among competition authorities is emerging as a way to support robust and fair market conditions. 3
Now, the current trends in antitrust agencies’ enforcement efforts rely on perfect coordination among several of them for carrying out unannounced antitrust inspections (dawn raids) in many states at the premises of any company, and the power to require companies and individuals to produce documents and information held even in foreign nations.
Security: Evidence
As it does every year, the International Cable Protection Committee (ICPC) has published its statistics 4 about cable repairs stating that the total number for 2024 was kept under 210 (4 incidents per week). And not surprisingly, in +80% of cases the causes of cable damage continue to be the result of human activity such as fishing and anchoring (86%), while the remainder is distributed among causes such as system failure, abrasion or geological activity (e.g. earthquakes).
The recently established Brazilian Submarine Cable Protection Committee (Comitê Brasileiro de Proteção de Cabos Submarinos or CBPC) reported that, among the 16 submarine systems currently landing in Brazil, six cable damage incidents occurred in the last two years, with an average repair cost of USD 1.5 million. In a prudent move, its members decided to restrict the publication of further details, leaving disclosure to each individual cable owner. This approach seeks to avoid media or social media speculation, which often spreads inconclusive or misleading statements about such incidents.
Resilience matters
In partnership with the ICPC, the International Telecommunication Union (ITU) launched in the International Advisory Body on Submarine Cable Resilience in November of last year, its aim being to promote dialogue and collaboration on potential ways and means for improving the resilience of telecommunication submarine cables. Its 42 members comprise representatives from governments, industry and international organisations that often have no voice in industry events.
This Advisory Body held its first International Submarine Cable Resilience Summit in Nigeria in February 2025, culminating in the Abuja Declaration 5, with a clear commitment to advancing policy discussions and capacity-building efforts to help countries develop and implement best practices for cable resilience.
Furthermore, during May 2025, the Advisory Body established 3 working groups comprising more than 160 members to focus on key areas that are critical to strengthening global submarine cable resilience (“Timely Deployment & Repair”; “Risk Identification, Monitoring & Mitigation”; and “Fostering Connectivity & Geographic Diversity”). Each working group is tasked with producing an action-oriented report by early 2026 that will surely re-shape the agenda in the UN ecosystem, including the International Maritime Organization (IMO), the International Seabed Authority (ISA) and others, placing the submarine cable resilience topic where it is most needed.
Other similar regional initiatives are underway. The UN Office on Drugs and Crime (UNODC) continues its efforts in the Indian Ocean region to improve the regulatory framework (e.g. Maldives, Sri Lanka). Moreover, with 50 cable disruptions per year occurring in the Asia-Pacific and Indian Ocean regions, many governments are actively working to update the 2019 “ASEAN Guidelines Asean Guidelines for Strengthening Resilience and Repair of Submarine Cables”.
Similarly, in South America, Mercosur adopted a Recommendation 6 on submarine cable security and resilience in July 2025. While it signals political awareness, the text is too generic to produce tangible results without concrete follow-up.
National Regulatory Developments
Regarding national governments, in May 2025 Argentina enacted a new maritime navigation regime 7 prohibiting anchoring and fishing in cable zones. Yet the maximum fine for damaging a cable amounts to roughly USD 1,580 — negligible compared to repair costs in those latitudes (USD1.5-2 millions). Local statistics indicate that no cable damage has been reported in Argentinean waters due to human activities, making the measure less relevant domestically. This stands in contrast to other jurisdictions where such incidents are more frequent, and where fines should be updated to serve as an effective deterrent.
Elsewhere, following on its 2021 National Maritime Security Strategy, Oman created an enforceable, new legal framework 8 with clear rules for cable laying and maintenance activities. Similarly, Somalia introduced new legislation, with an obligation 9 to report any cable failure within two hours from its occurrence.
Furthermore, in August 2025, the Federal Communications Commission (FCC) in the United States adopted new rules 10 aimed at strengthening existing policies to protect submarine cables from so-called “foreign adversaries.” The new framework also introduces additional reporting requirements on the commercialization of capacity and all use of existing seabed infrastructure.
Sustainability and International Treaties
In July 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion 11 confirming that states have binding international obligations to curb greenhouse gas emissions — and can be held liable for environmental harm caused by companies under their jurisdiction. The opinion follows a similar 2024 ruling by the International Tribunal for the Law of the Sea (ITLOS), which classified anthropogenic emissions as marine pollution.
For the submarine cable sector, this introduces a new layer of risk and responsibility. Environmental licensing for cable landing permits or even for crossing Exclusive Economic Zones (EEZs) may increasingly require carbon footprint assessments and mitigation plans, influencing project financing and insurance.
The entry into force of the BBNJ Treaty by early 2026 could mean that additional obligations are imposed, such as the requirement to conduct environmental impact assessments for cables in new marine-protected areas.
Moreover, in April 2025 the International Maritime Organization approved the "Net-Zero Framework", a proposal aimed at reducing global greenhouse gas emissions from international shipping by or around 2050. It is expected to be adopted in October 2025 and come into effect from 2027.
In June 2025, the Intergovernmental Oceanographic Commission (IOC) of UNESCO approved a recommendation 12 urging Member States to collaborate with industry, research and other data infrastructure stakeholders to standardise ocean data-sharing practices. This is to be done through the establishment of national data-sharing policies, regulations, and permissions for all ocean-related activities conducted within their territorial waters and Exclusive Economic Zones.
Such objectives can be achieved by including mandatory data-sharing provisions into licensing and permitting requirements for operations in waters within their jurisdictions, including cable installation permits. This missing piece in the regulatory puzzle could enable countries to obtain valuable survey data whenever a new submarine cable is installed, thereby supporting national maritime spatial planning, enhancing the sustainable use of natural resources, and maximising the potential of SMART Cables.
Finally, during the International Seabed Authority (ISA) Council meeting of July of this year, negotiations continued regarding exploitation regulations. Singapore took the lead on submarine cable protection provisions by proposing some improvements to the consolidated text 13 that are yet to be approved. However, coordination between mining and cable activities remains limited, leaving cable owners responsible for properly notifying other stakeholders of their intentions.
Contractual developments
Landing cable agreements as stand-alone business models have gradually become a growing trend in the industry. Although many countries lack specific legislation to govern them, these arrangements have often been permitted or tolerated without major opposition.
This model provides an attractive way of monetizing the use of a cable landing station, no longer restricting it exclusively to the subsea system owned by the cable station’s operator. In some cases, it is not even necessary for the interested party to hold co-ownership of the submarine infrastructure or to be a direct user of the system. Ultimately, this is a new contractual scheme that is gaining ground in the market. However, it can only be viable in jurisdictions where a prior legal opinion from a local law firm provides all parties with assurance that the arrangement is sound from a legal and regulatory perspective.
A key issue in such contracts is the limitation of liability regarding works on the wet plant. The landing party may be required to provide and maintain its cable station in efficient working order, but should not assume risks related to EHS (environmental, health, and safety), intellectual property rights, or regulatory permits associated with the installation of the wet plant, even if it has taken ownership of the local portion of the system to comply with regulatory requirements. These risks are shared appropriately — not as partners, since the parties are not partners, but under a subcontracting framework, where the principal contractor retains the primary obligation and cannot allocate its risks to an entity that lacks clear control over seabed operations during the installation or subsequent operation of the system once activated.
Looking Ahead
The legal and regulatory landscape of submarine cables in 2025 reveals both progress and fragmentation. While some national authorities have taken decisive steps, their actions often lack the cohesion needed for a unified global framework. The growing intersection between legal frameworks and market dynamics reveals that existing laws have not yet adapted to the realities of today’s interconnected and privately operated submarine cable networks — underscoring the need for modernized international instruments and closer inter-governmental coordination.
For the private sector, these developments signal a shift from reactive compliance to proactive legal strategy — anticipating regulatory changes and embedding sustainability and resilience into business models. As we move toward 2026, the challenge for policymakers and industry alike is to translate growing awareness into coherent, enforceable, and future-proof governance mechanisms that ensure the world’s digital arteries remain both resilient and sustainable.
Available at : https://www.bwb.gv.at/fileadmin/user_upload/Statment_Final_Mit_Logos_Barrierefrei_22.04.2025.pdf
Steventon-Barnes, Jeremy. Written evidence to UK Parliamentary Joint Select Committee on National Security submitted on 6 March 2025. Available at:
https://committees.parliament.uk/writtenevidence/138729/pdf/
A&O Shearman, Global Antitrust Enforcement Report, March 2025. Available at:
https://www.aoshearman.com/en/insights/global-antitrust-enforcement-report
Palmer-Felgate, A. “Global Cable Repair Data Analysis”, ICPC Annual Plenary, Montreal, Canada, April 2025.
Available at:
Recommendation CMC/REC No. 01/25 (Mercosur), 3 July 2025. Available (in Spanish) at:
Articles 301.0403, 301.990, 304.9901 and 304.9904 of Decree No. 37/2025 (Argentina), 17 January 2025. Available (in Spanish) at:
https://www.boletinoficial.gob.ar/detalleAviso/primera/319825/20250120
Decision No. 1152/2/30/2025-9 (Oman), 4 May 2025. Available (in Arabic) at:
https://www.tra.gov.om/En/DownloadFile.jsp?type=PublicationList&code=295
Section 12.3, Submarine Cable Regulations 2025, National Communications Authority of the Federal Republic of Somalia, May 2025. Available at:
https://nca.gov.so/wp-content/uploads/2025/05/Submarine-Cable-Regulations-2025.pdf
See “Report and Order and Further Notice of Proposed Rulemaking”, FCC (USA), 7 August 2025. Available at:
Advisory Opinion of 23 July 2025, International Court of Justice. Available at:
https://www.icj-cij.org/sites/default/files/case-related/187/187-20250723-adv-01-00-en.pdf
Available at :
Available at:
https://www.isa.org.jm/wp-content/uploads/2025/01/10012025-Revised-Consolidated-Text-2.pdf
Andrés Fígoli is the author of the two-volume book “Legal and Regulatory Aspects of Telecommunication Submarine Cables” and is the director of Fígoli Consulting (Switzerland), where he provides legal and regulatory advice on all aspects of subsea cable work. Mr. Fígoli graduated in 2002 from the Law School of the University of the Republic (Uruguay), holds a Master of Laws (LLM) from Northwestern University, and has worked on submarine cable cases for almost 21 years in a major wholesale telecommunication company. He also served as Director and Member of the Executive Committee of the International Cable Protection Committee (2015-2023).
This article was first published in Submarine Telecoms Forum, Industry Report – October 2025-2026.
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