Telecommunications law is often used as a general term to describe a practice area that includes a wide range of activities referrable to the regulated sectors of telecommunications, broadcasting and broadcast distribution. In more precise terms, Telecommunications law is referrable to activities regulated by the Department of Industry Canada pursuant to the Radiocommunication Act (and related regulations) and the Canadian Radio-television and Telecommunications Commission ("CRTC"), inter alia, pursuant to the Telecommunications Act (and related regulations). Communications law is a term often used for practice related to activities regulated by the CRTC, inter alia, pursuant to the Broadcasting Act (and related regulations). While some practitioners will specialize in either Telecommunications or Communications Law, most are capable and experienced in both areas.

In the telecommunications sector, practitioners advise companies whose activities are regulated directly by the CRTC and/or Industry Canada, as well as other companies whose activities might be affected by CRTC and department decisions. In this context, practitioners are required to perform a number of tasks including providing opinions on jurisdictional issues as well as assisting in the preparation of and being responsible for the conduct of applications submitted to the appropriate regulator.

In the Communications law sector, practitioners tend to focus on licensing activity before the CRTC relative to the Broadcasting Act. Licences are required to provide radio, television, specialty and pay television broadcast services as well as the distribution of those services through conventional cable and emerging wireless services (terrestrial and satellite).

Telecommunications and broadcasting entities frequently require radio spectrum in order to provide their services. This will entail an application to the Minister of Industry, who has discretionary power pursuant to the Radiocommunication Act, for a specific frequency allocation. Such an application process before Industry Canada will be made before or in parallel with CRTC proceedings depending upon the type of tele-communications or broadcast service being proposed. Providing advice to clients with respect to policy proceedings and proceedings to consider proposed regulations conducted by both the CRTC and Industry Canada is also an important component of the two practice areas.

Determinations of the CRTC can, in certain circumstances, be reviewed through various appellate avenues including review by appeal to the Commission itself, by way of petition to the Governor in Council and with leave to the Federal Court of Ap-peal. The practice can therefore also encompass appellate activity with respect to review of agency and departmental decisions.

Practitioners in the Telecommunications and Communications law areas will frequently interact with practitioners in the corporate, commercial and tax sectors with respect to the regulated entities they represent. This can arise in the context of initial incorporation to address issues such as satisfying foreign ownership requirements, the financing of companies with issues related to prospectus and securities related matters, as well as mergers and acquisitions, particularly when the transaction requires regulatory approval.

Finally, given the increasingly interrelated, world-wide communications networks, practitioners must keep abreast of developments in jurisdictions around the world. This is especially applicable in the Telecommunications law area given the recent World Trade Organization Agreement on Basic Telecommunications. It is also applicable in the Communications law area both because of the increasingly global scope of business activity and the inclusion of broadcasting services and cultural matters generally in the ambit of international negotiations and agreements.

Lawyers practicing in this area