Subsea cable systems are the foundation of the global internet. More than ninety per cent of international data traffic relies on undersea fibre routes, making them essential to digital connectivity, economic resilience and national security. The construction and operation of a subsea cable involves complex engineering, multi-jurisdictional permissions, marine operations, cable landing rights, long-term maintenance obligations, and commercial arrangements that can run for decades.

Bratby Law provides specialist regulatory and commercial advice across the lifecycle of subsea cable systems. We work with investors, operators, consortium members, hyperscalers, carriers and infrastructure funds on all aspects of system development, construction, landing, interconnection and operation. Our advice is grounded in deep regulatory experience and long-standing involvement in the development of the UK international facilities regulatory regime.

What experience does Bratby Law have in subsea cable projects? in subsea cables

Subsea cable projects engage multiple regulatory regimes. Landing station operations and terrestrial backhaul may constitute an electronic communications network under section 32 of the Communications Act 2003, triggering General Condition obligations. Code operator designation under section 106 provides statutory rights for landing station and cable route access. Marine licensing requirements apply under the Marine and Coastal Access Act 2009, and planning consent is governed by the development consent order regime for nationally significant infrastructure projects.

Rob Bratby helped shape the UK subsea cable What regulations apply to subsea cables in the UK? while at Oftel (Ofcom’s predecessor) during the liberalisation of the international facilities market in the 1990s. Since then, he has advised on cable systems across Europe, Africa and Asia, working on consortium structures, C&MA governance, landing arrangements, IRU frameworks, fibre-pair allocations, backhaul integration and multi-jurisdictional regulatory compliance.

This unique combination of regulator-side experience, operator insight and commercial expertise allows Bratby Law to provide clear, senior-level guidance on the commercial and regulatory issues that define modern subsea cable projects.

Key issues for clients in subsea cables

• Consortium formation, C&MA negotiation and governance
• Fibre-pair allocation, spectrum agreements and IRU structures
• Landing party arrangements, landing-station access and site rights
• Domestic backhaul, interconnection and integration with national networks
• Marine maintenance zones, repair obligations and O&M frameworks
• Telecoms licensing, cable landing permissions and marine authorisations
• National security screening, vendor security, supply-chain oversight
• Cross-border regulatory compliance and multi-jurisdictional filings
• Route diversity, resilience and continuity of service
• Capacity trading, upgrade pathways and long-term commercial arrangements

How we help

Bratby Law advises on all aspects of subsea cable development, construction, financing and operation of subsea cables.

Subsea cable transactions and documentation

Subsea cable projects involve regulatory requirements spanning telecommunications, marine licensing, environmental protection, and international cable law. We advise on the full suite of subsea cable project documents, including:

• C&MA and consortium participation agreements
• Supply, installation and acceptance agreements for wet plant and dry plant
• Marine installation and maintenance contracts
• Marine maintenance zone agreements
• Landing party agreements and landing-station access terms
• Site rights, power and space agreements
• Domestic backhaul and interconnection agreements
• IRUs, fibre-pair allocations, wavelength agreements and capacity sales
• Upgrade mechanisms, continuity-of-service arrangements and resilience frameworks
• Governance protocols, budget management and dispute-avoidance processes

Regulatory and legal considerations

Subsea cable systems trigger a wide range of regulatory requirements. We advise on:

Regulatory issue	UK framework	Key legislation	Practical impact
Marine licensing	Marine Management Organisation (MMO) marine licence required for cable installation in English waters	Marine and Coastal Access Act 2009	Environmental impact assessment; cable route approval; decommissioning conditions
Landing rights and wayleaves	Code Powers under the Electronic Communications Code for onshore cable routes	CA 2003, Sch 3A; Digital Economy Act 2017	No-network valuation basis; compulsory access rights; bond requirement
International capacity agreements	Commercial agreements for IRU, capacity purchase or wavelength lease	Contract law; SMP conditions where applicable	Long-term (15-25 year) commitments; maintenance cost sharing; restoration priority
National security	NSI Act mandatory notification for communications infrastructure	National Security and Investment Act 2021	Acquisition of subsea cable assets triggers mandatory notification; call-in risk for foreign investors
Telecoms security	TSA 2021 obligations for operators of public ECNs	Telecommunications (Security) Act 2021; Security Measures Regulations 2022	Security measures for cable landing stations; supply chain requirements; designated vendor restrictions

• Telecoms licensing and authorisations (UK and international)
• Cable landing permissions, marine construction permits and seabed activity approvals
• Environmental and marine-zoning requirements
• National security screening, supply-chain scrutiny and vendor assurance
• Compliance with cable protection legislation and international coordination bodies
• Access to landing facilities, domestic backhaul and wholesale frameworks
• Regulatory approvals for system extensions, upgrades and fibre-pair reallocations

Security, resilience and sovereignty

The strategic importance of subsea cables places increasing emphasis on security and resilience. We support clients in:

• Infrastructure and vendor security assessments
• Route diversity, redundancy and rapid-repair planning
• Supply-chain security and technology-risk mitigation
• Sovereignty and geopolitical risk assessments
• Operational resilience aligned with national frameworks and regulatory expectations

How Bratby Law helps

Subsea cable projects involve regulatory requirements spanning telecommunications, marine licensing, environmental protection, and international cable law. We advise cable system owners, landing station operators, capacity purchasers, and investors on the regulatory and commercial aspects of subsea cable projects and international connectivity infrastructure.

• Construction and maintenance agreements (C&MA) for new cable systems
• Capacity purchase and IRU (indefeasible right of use) agreements
• Landing party agreements and cable station access terms
• Regulatory compliance including marine licensing and Electronic Communications Code rights
• Regulatory due diligence on subsea cable acquisitions and investments
• National security and investment considerations under the NSI Act 2021
• International regulatory coordination for multi-jurisdiction cable routes

Representative experience

Recent and representative matters include:

• Advised on the structuring and regulatory approvals for an international subsea cable system connecting the UK with Northern Europe, including marine licensing, landing station consents and Code operator designation.
• Drafted and negotiated capacity purchase agreements and indefeasible rights of use (IRU) for a subsea cable consortium, addressing regulatory risk allocation and force majeure provisions.
• Advised on the acquisition of a minority stake in a subsea cable system, including regulatory due diligence on landing rights, Code operator status and interconnection arrangements at cable landing stations.
• Supported a cable operator in securing Code powers and wayleave agreements for a terrestrial backhaul route connecting a new landing station to an existing data centre campus.
• Advised on the regulatory classification of a proposed cable repair and maintenance vessel operation, assessing whether the activity engaged telecommunications regulatory obligations.

Related transactions pages

See also our other transactions pages:

• Mergers and Acquisitions (M&A)
• SaaS and Cloud Services
• Private equity
• MVNOs and MVNEs
• Interconnection, peering and access agreements
• Network sharing and co-location agreements
• Digital Infrastructure Projects

Co-Counsel and Collaboration with Law Firms

Bratby Law is often engaged as specialist co-counsel to international and city law firms on major infrastructure transactions. We provide:

• Telecoms regulatory input for lender and investor diligence.
• Specialist drafting and risk allocation for subsea cable agreements.

We operate effectively within larger deal teams, delivering targeted expertise that strengthens the overall transaction outcome.

Related Pages

• Technology and Telecoms Transaction Lawyers
• Interconnection, Peering and Access Agreement Lawyers
• Network Sharing and Co-location Lawyers
• Digital infrastructure Lawyers
• Project Counsel
• AI in Telecoms Lawyers (where relevant to subsea network intelligence or monitoring)

See also: Code Powers and access to land.

Frequently asked questions

What is a C&MA and why is it important?

The Construction & Maintenance Agreement (C&MA) sets out the governance, funding, maintenance, upgrade and operating framework for a consortium cable system. It is the central legal instrument that governs the entire lifecycle of the system.

What regulatory approvals do subsea cables require?

Projects typically require telecoms licensing, marine construction and seabed work permissions, cable-landing authorisation, environmental approvals and, in many countries, national security screening.

How are IRUs used in subsea cable projects?

IRUs provide long-term, non-cancellable rights to use fibre pairs, spectrum or capacity. They are widely used for investment, long-term access and capacity trading.

What risks do investors need to consider?

Key risks include regulatory exposure, national security review outcomes, marine repair obligations, supply-chain risk, long-term O&M costs and route resilience.

How can Bratby Law assist?

Subsea cable projects involve regulatory requirements spanning telecommunications, marine licensing, environmental protection, and international cable law. We advise on C&MA governance, landing arrangements, IRU and capacity models, backhaul integration, regulatory filings, national security reviews, resilience frameworks and operational compliance.