Brussels Metropolitan Area
Broadband and Beyond With two decades of legal practice mostly dedicated to network industries, Dr. Benczek is recognized as a specialist in the field electronic communications and ICT laws and in related competition matters. Although based in Brussels with permanent contacts to senior EU - policy decision makers, Dr. Benczek has been working extensively in multiple jurisdictions for both private and public sector clients, such as Government institutions in the context of donor funded projects, on regulatory, commercial and transactional matters. However, the current focus of his practice lies on broadband regulation and on structuring investment models for next generation broadband networks (including Public Private Partnerships and cooperation models) and beyond, in particular extending to corporate, commercial, funding and state aid and procurement aspects. Embracing Convergence Other related areas of practice result from the convergence of electronic communications and media, such as the licensing of IP-rights from collective rights management bodies, data protection issues and smart / green city projects, and from the conversion of the 'old' PSTN and 'all IP' - worlds. Commercial Cooperation Dr. Benczek also brings in significant experience in structuring commercial arrangements, such as turn-key contracts for donor funded infrastructure projects, in addition to management skills relating to the implementation of donor funded projects. Litigation for cause Dr. Benczek represents SMEs before the EU Courts in Luxemburg with a current focus on competition law matters. Speaking your Language Dr. Benczek working languages extend to German, English and French, and he has a fair knowledge of Romanian.
Dr. Benczek currently focuses his practice on assisting cities and municipalities (and their commercial entities and associations) in a number of jurisdictions in the structuring, the setting up and the operation of municipal FTTx-networks. These activities extend to the structuring of PPPs and other forms of cooperation, in addition to handling state aid, procurement, real estate and regulatory aspects and securing public funding. In addition, Dr. Benczek works intensively on regulatory aspects relating to the technical migration towards a new generation of access networks (NGN) and has on behalf of alternative FTTx operators successfully advocated a system of wholesale pricing before the highest levels of decision makers within the European Commission. He is deeply involved in analysing the ongoing review process of the telecoms regulatory package (European Communications Code) on behalf of FTTx industry associations. Dr. Benczek advises on the regulatory challenges which result from convergence both with regard to network regulation and content, in particular with regard to the copyright licensing of audio and audio-visual works for use on the internet and related enforcement issues. Dr. Benczek regularly advises on market entry for innovative SIP trunking services and related numbering issues, interconnection and contract issues. He is further involved in structuring ICT, telecommunications and ‘green/smart city/building’ projects in the context of the EU's regional Strategy for the Danube Region, in addition to advising on commercial arrangements relating to other infrastructure projects. In the pursuit of the consolidation of his skills, Dr. Benczek currently serves as external General Counsel to a large optical fibre backbone and backhaul telecoms start-up in a major EU Member State and provides legal project management services on a short and mid term basis both in-house and externally.
Over a period of 12 years, Dr. Benczek has been providing legal and regulatory expertise and project management services to public sector clients, including the Romanian PTO, the Romanian MoJ, The Bulgarian Council of Electronic Media, the Romanian Regulatory Authority for Telecommunications, the Albanian Copyright Office, the Serbian Ministry of Culture on short and long term missions. Since the inception of his career, Dr. Benczek was involved in major studies for the European Commission on telecommunications and competition matters. More recently, he served as a leader of a study for the European Commission in relation to satellite services. The project partners for for the above assignments include Law Firms (Squire Sanders) and consultancy companies such as GDSI Ltd, BBC World Trust, WIK Consult, COWI, Human Dynamics, Regulaid, GIZ, SOFRECO, Eurecna, Menns, Ecorys and others.
Dr. Benczek specialized in the areas of sector specific regulation in the field of telecommunications ICT, media and IP, in addition to related competition law matters. Since the inception of the liberalization process in the Telco sector, Dr. Benczek negotiated interconnection and access agreements with incumbent operators in various jurisdictions, in addition to designing peering agreements and other arrangements relevant for inter-carrier relations, such as tele-housing agreements, equipment or services procurement, etc. In addition, he developed expertise in commercial matters such as contract drafting (turn - key contracts, licensing contracts, vertical agreements) and transactional matters. Dr. Benczhek served international clients from several jurisdictions, including Germany, Sweden, Spain, Hungary, the Czech Republic and the US. He regularly represented clients before the European institutions and before German authorities and courts. At the same time, over a period of four years, Dr. Benczek has gained in depth industry insight as a member of an advisory board of incumbent operator from Northern Europe entering the German market.
Advising the senior management on market entry issues in Germany
General Litigation Functions as deputy notary public