Subsea cables

Subsea Cables

Specialist support by experienced lawyers

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.

Our experience in subsea cables

The firm’s subsea capability draws on more than thirty years of experience advising on international cable systems.

Rob Bratby helped shape the UK subsea cable regulatory framework 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.

Consortium Structuring and C&MA Documentation

We draft and negotiate Construction & Maintenance Agreements (C&MA) and related consortium documentation for multi-party cable systems. This includes governance frameworks, voting models, budget and cost-sharing mechanisms, O&M responsibilities, marine maintenance zone allocations, upgrade rights and capacity allocation across fibre pairs or spectrum. We ensure the consortium structure is transparent, robust and aligned with long-term operational requirements.

Landing, Backhaul and Domestic Connectivity

We advise on landing party arrangements, landing-station access, site rights, permitting, power and space commitments, and integration with domestic backhaul. This includes drafting landing party agreements, backhaul agreements, colocation terms and interconnection frameworks. Our work ensures domestic connectivity is secure, resilient, properly authorised and commercially balanced.


IRUs, Fibre Pairs, Wavelengths and Capacity

We assist with the structuring and negotiation of IRUs, long-term leases, fibre-pair and wavelengths, and capacity-trading mechanisms. Our advice covers technical specifications, service definitions, maintenance responsibilities, route diversity guarantees, redundancy commitments and regulatory considerations. We ensure capacity arrangements support long-term commercial and operational objectives across jurisdictions.

Subsea cable transactions and documentation

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:

  • 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

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
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Related transactions pages

See also our other transactions pages:

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 seamlessly within larger deal teams, delivering targeted expertise that strengthens the overall transaction outcome.

Independent directory rankings

Our specialist expertise is recognised in major independent legal directories:

  • Chambers & Partners: Rob Bratby is ranked in the UK Guide 2026 in the “Telecommunications” category: Chambers
  • The Legal 500: Rob Bratby is listed as a “Leading Partner – Telecoms” in London (TMT – IT & Telecoms): The Legal 500
  • Lexology: Rob Bratby is featured on Lexology’s expert profiles (Global Elite Thought Leader): Lexology
Chambers and partners accreditation
Legal 500 accreditation

What clients say about bratby.law

  • “…one of those rare lawyers who really does understand the business imperatives behind the legal situations businesses find themselves in.”

    “I worked with Rob over many years whilst I was at Orange. He is one of those rare lawyers who really does understand the business imperatives behind the legal situations businesses find themselves in. Most notably he provided first class support to me and my team on a high profile / high value joint venture network sharing deal. His ability to see both the detail and the bigger strategic picture were enormously helpful.”
    Amanda Doyle
    (Former) General Counsel, Orange UK

  • “I would highly recommend Rob and his team.”

    “I have had the pleasure of working with Rob now on a number of occasions and engagements with clients. Rob is one of the most knowledgeable people I have come across in the Telecommunications industry, both in his comprehensive understanding of the law for various countries and in the application of this law and what it means for Operators. This is complemented by his generosity with sharing his knowledge, and the friendly style with which he works. I would highly recommend Rob and his team.”
    Nick White
    (Former) Deloitte

  • “I would recommend Rob for any major Telecoms project”

    “I worked with Rob to introduce One Touch Switching for broadband and fixed voice, which launched successfully with almost two million customers using the service to date. Rob is a first class Legal Counsel with exceptional legal and regulatory knowledge enabling him to give insightful strategic guidance to the ExCo and the Board. He is highly trusted by Directors and easy to work with. I would recommend Rob for any major Telecoms project.”
    Toby Lovell
    (Former) Chief of Staff, The One Touch Switching Company

Related Pages

See also: Code Powers and access to land.

Need advice on your cable?

Book a call

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?

We advise on C&MA governance, landing arrangements, IRU and capacity models, backhaul integration, regulatory filings, national security reviews, resilience frameworks and operational compliance.

Subsea cables

Subsea Cables

Specialist support by experienced lawyers