Overview

Octavio Lecona is a partner in Holland & Knight's Mexico City office, where he focuses his practice on telecommunications, media and technology, as well as mergers and acquisitions (M&A). He provides legal advice to domestic and multinational clients on regulatory, litigation and corporate matters. Mr. Lecona has drafted, negotiated and completed high-profile transactions, including M&A, joint ventures, corporate restructurings and a wide range of general contractual matters. He has represented fixed and mobile facility-based carriers and advised in spectrum auctions.

Mr. Lecona's clients in the telecommunications and technology industry include fixed and mobile services providers, fiber optics network developers, data centers operators, manufacturers of mobile telephone accessories, resellers of telecommunications services, and owners and operators of wireless and broadcast communications infrastructure. He focuses on providing regulatory advice drawing on his extensive knowledge of the regulatory body in Mexico. Mr. Lecona submits and attains license applications, administrative proceedings before the telecom regulator and appeals before specialized courts hearing telecom and antitrust matters, and drafting and negotiating agreements with major carriers, including indefeasible right of use (IRUs), services, construction and purchase agreements.

Mr. Lecona also represents the business in Mexico of one of the major film studios in connection with media content, copyright and distribution of pictures for theatrical exhibition. On the technology side, he has been involved in worldwide regulatory analysis of business initiatives from leading technology companies, cloud services providers, and Internet of Things (IoT) connectivity service providers. Mr. Lecona has been active on issues involving digital services, e-commerce, data protection and privacy, and emerging technology matters.

Mr. Lecona is a former in-house counsel for a Spanish multinational broadband and telecommunications provider, as well as legal counsel to two former commissioners of the Federal Commission of Telecommunication, the former telecommunications regulator in Mexico.

Representative Experience

  • Represented one of the leading cell tower lease investment firms with a global portfolio in the initial strategic acquisition of several telecommunications assets in Mexico
  • Represented a worldwide leading e-commerce and cloud computing company in connection with new business initiatives, in matters related to data privacy, technology, telecommunications and consumer protection
  • Advised a worldwide leading e-commerce company to assess the implications resulting from the amendments to the Value Added Tax (VAT) Law, which imposes certain tax obligations to foreign residents providing digital services without permanent establishment in Mexico, including the "kill switch" provision
  • Represented the largest private telecommunications infrastructure provider in Mexico in the acquisition and lease back of more than 600 telecommunications towers and related assets from the second largest mobile operator in Mexico
  • Represented the second-largest mobile operator in a deal to lease radio frequencies licensed to the American-owned mobile operator in Mexico, which will allow it to keep serving its customers in areas unserved or underserved by other mobile operators, including rural areas
  • Represented the world's third-largest satellite operator, with headquarters in Paris, in an investment arbitration dispute estimated at US$235 million against the Mexican government under the International Centre for Settlement of Investment Disputes (ICSID) Additional Facility
  • Successfully represented the second largest mobile operator in an International Centre for Dispute Resolution (ICDR) commercial arbitration dispute with a mobile virtual operator
  • Represented the second-largest mobile operator in connection with an unprecedented wholesale long-term deal with the American-owned mobile operator in Mexico by which the former will use the latter's radio access network, which included antitrust clearance considering that these operators are direct competitors in Mexico, and regulatory assessment related to the return all of spectrum holdings to the Mexican government on a staggered basis
  • Represented the largest Spanish multinational telecommunications company in the sale of data centers located in Mexico and other Latin American countries to an independent investment management firm in a deal worth 550 million euros and the related housing services agreement
  • Represented one of the largest public independent telecommunications infrastructure providers to amicably settle a potential claim from the acquisition of a nationwide fiber-optic network and related assets
  • Represented one of the largest multinational infrastructure engineering and construction companies in the sale of its Mexican telecommunications towers portfolio to one of the largest private telecommunications infrastructure providers in Mexico
  • Advised the largest private telecommunications infrastructure provider in Mexico in the acquisition of assets and rights of way to deploy and operate an outside distribution antenna system (oDAS) in a city located in the Bajio region, declared by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a World Heritage Site
  • Advised the private investment banking firm retained by Telecomunicaciones de Mexico in the public-private partnership auction to build up and deploy a nationwide fiber-optic backbone network for the Red Troncal Nacional project; the mandate included drafting the public auction rules and the model public-private partnership agreement
  • Represented a telecommunications company in attaining a master concession to build up and deploy a cross-border fiber-optics network to service Mexican carriers
  • Represented the second-largest mobile operator in the public auction of the 2.5 gigahertz (GHz) radio frequency band
  • Ongoing representation of one of the big five major film studios in connection with media content, copyright matters, and drafting and negotiating of terms and conditions for the theatrical distribution of pictures, particularly regarding antitrust law and commercial law
  • Represented a major developer and distributor of custom wireless accessory solutions in the drafting and negotiating of a purchase and sale agreement with the American-owned mobile operator in Mexico
  • Advised a major communications infrastructure owner and developer in the drafting and negotiating of a fiber-optic construction and purchase agreement with the American-owned mobile operator in Mexico
  • Represented the largest Spanish multinational telecommunications company in an investment arbitration dispute estimated at US$1.06 billion against the Mexican government under the International Centre for Settlement of Investment Disputes (ICSID) Additional Facility
  • Represented a leading public company in the quad-play market in an administrative proceeding before the Federal Institute of Telecommunications (IFT) that ultimately led the Mexican Supreme Court of Justice to issue one of the first rulings rendered against Article 298(B) §III of the Federal Law of Telecommunications and Broadcasting, which ultimately was declared unconstitutional
  • Represented the second-largest mobile operator in the first spectrum swap and lease in Mexico of 10 megahertz (MHz) in the 1.7/2.1 GHz Advanced Wireless Series (AWS-1) band for 10 MHz in the 1.9 GHz Personal Communications Services (PCS) band licensed to the American-owned mobile operator in Mexico
  • Represented a major fixed satellite service provider in Latin America through two successful financial restructurings and ultimately the sale to the world’s third-largest satellite operator, with headquarters in Paris, in a transaction valued at more than US$831 million, including attainment of all required antitrust clearance and regulatory approvals
  • Represented the second-largest mobile operator in the drafting and negotiation of the terms and conditions governing the consortium that ultimately received the award in the public auction of two strands of dark fiber optics that run over 16,000 miles along the power distribution network of the government-owned electric utility (Comisión Federal de Electricidad), committing and investment of more than US$160 million
  • Advised a leading public company in the quad-play market in drafting transaction agreements for the sale and leaseback of communications towers, tower sites and related assets
  • Assisted one of the largest privately owned tower operators with the acquisition of 199 communication towers from a major mobile operator, as well as with the drafting and negotiation of the transaction documents
  • Represented one of the world's leading unified communication service providers in attaining a virtual network operator authorization to provide services in Mexico
  • Represented the largest private independent operator of wireless communications infrastructure in Mexico in assessing the acquisition of additional strategic infrastructure
  • Represented the second-largest mobile operator in the public auction of the 1.9 GHz radio frequency and in the public auction of frequency bands in the range of 1.7/2.1 GHz for advanced wireless services
  • Represented one of the world's leading Internet of Things (IoT) connectivity service providers in a regulatory review in connection with Low-Power Wide-Area networks
  • Advised one of the world's leading multinational technology companies in a worldwide regulatory review in connection with a new business initiative
  • Advised one of the world's leading multinational technology companies in a worldwide regulatory review in connection with the licensing of cloud computing services
  • Advised a multinational provider of information technology (IT) services and products in negotiating services agreements and reviewing agreements for new IT solutions to ensure consistency with local law and enforceability in Mexico
  • Advised an American cloud communications platform service and application programming interface (API) provider in reviewing the regulatory environment in connection with expanding functionalities of certain APIs
  • Advised one of the leading retail and healthcare companies on an antitrust investigation carried out by the Federal Institute of Telecommunications on airtime top-up
  • Represented a leading public company in the quad-play market in all Mexican-related regulatory matters, including assessing the regulatory environment in connection with new business initiatives
  • Assisted a U.S. owner and operator of a global medium earth orbit (MEO) satellite infrastructure provider of next generation wireless services in securing a landing rights authorization leveraging the 2 GHz frequency band
  • Drafted and negotiated the transaction documents for the sale of a business line of a major fixed satellite service provider in Latin America to a satellite operator originally based in Colombia
  • Represented a major fixed satellite service provider in Latin America on all Mexican-related corporate and regulatory matters, including the drafting of satellite procurement agreements
  • Assisted a tower company with the analysis and identification of the most effective legal framework for the transfer of lessor's rights under tower lease agreements and the drafting of the transaction documents
  • Assisted a U.S. chip manufacturer's financial branch to evaluate regulatory pitfalls related to a private equity investments round for the deployment of a WiMax-based network for broadband internet services in Mexico

  • Ongoing representation of a private equity firm in the acquisition of strategic assets for the maintenance, repair and overhaul of aircrafts
  • Advised a master food and beverage franchisor in Mexico in a strategic deal and master franchise alliance with the largest non-U.S. pizza delivery company in the world
  • Represented a leading distributor of specialty chemicals and food ingredients in the acquisition of the premier specialty chemicals and food ingredient distributor in Mexico
  • Advised a Canadian investment fund in the acquisition of a domestic label manufacturer group of companies
  • Advised the leading airframe heavy maintenance and modification services provider in the Americas in acquiring maintenance, repair and overhaul (MRO) facilities in Mexico to provide services to major commercial airlines from both the United States and Mexico
  • Advised a Swiss-based global travel retailer that operates duty-free and duty-paid shops and convenience stores in airports, cruise lines and seaports in the acquisition of World Duty Free in a deal valued at 2.6 billion euros and made the combined group the world's biggest travel retailer, including antitrust clearance
  • Represented one of the founding shareholders of Volaris, a low-cost, low-fare Mexican airline, during the acquisition of a 50 percent equity stake of the Mexican media giant Televisa and of Inbursa, the banking affiliate of Grupo Carso, for $180 million and subsequent recapitalization of Volaris

  • Assisted a franchise platform to service over 1,400 affiliated service stations in the negotiating with a leading global management consulting company on an agreement to implement enterprise resource planning system
  • Advised a multinational information technology (IT) company servicing the air transport industry in connection with government procurement proceedings and agreements
  • Advised a Swiss-based global travel retailer that operates duty-free and duty-paid shops and convenience stores in airports, cruise lines and seaports in the public tender offer called by the Mexico City International Airport operator to set up and open, in record time, a duty-free shop at Terminal 2
  • Advised a large Spanish clothing company in reviewing a master franchise agreement to ensure consistency and enforceability in Mexico
  • Advised a large American retail women's clothing chain in drafting the franchise agreement entered into with one of the largest department stores in Mexico
  • Represented a major themed international restaurant, gaming, entertainment and hotel chain in an International Chamber of Commerce (ICC) commercial arbitration dispute against the master franchisee in Mexico

Credentials

Education
  • Georgetown University Law Center, LL.M., International Legal Studies
  • Universidad de las Americas Puebla, J.D., cum laude
Bar Admissions/Licenses
  • Mexico
Honors & Awards
  • Best Lawyers in Mexico, 2020, 2021
  • The Legal 500 Latin America, TMT (Technology, Media and Telecoms), 2017-2019; Capital Markets, 2019
  • The Legal 500 Latin America, Leading Lawyer, TMT, 2019
  • The American Lawyer, Global M&A Deal of Year – Latin America/Mexico Award, 2014

Publications

Speaking Engagements

News