The attorneys covering telecommunications law for Phillips Lytle LLP have a profound understanding of the telecom industry, representing the gamut of wireless and wireline carriers, fiber optic-based and wireless infrastructure providers, tower owners and operators, data center operators, internet service providers, real estate developers, property owners, investors and lenders.
“The knowledge base and experience of our team is our differentiator,” David Bronston, Team Leader and Special Counsel, said. “We have team members with experience as general counsels for metro fiber companies and large municipalities, and our team members have experience doing M&A and financing work, as well as obtaining regulatory approvals and necessary permits and drafting plain old service contracts for ISPs and fiber construction projects. We doubt there is an aspect of digital deployment that we haven’t seen.”
The 23 lawyers on Phillips Lytle’s Telecommunications Law Team keep close tabs on all of the evolving themes in the industry. One of the major developments that Phillips Lytle has been following is the positioning of broadband companies for Broadband Equity Access and Deployment (BEAD) funding from the National Telecommunications and Information Administration (NTIA), said Douglas W. Dimitroff, Partner and Governing Committee Member.
“Related to the eventual allocation of funding is the concern over permitting hurdles that might impede deployment,” Dimitroff said. “We’ve recently seen hearings at the House Commerce Committee regarding bills meant to preempt such impediments.”
The ambitious $42.5 Billion BEAD program is a once-in-a-generation opportunity for the deployment of broadband — primarily fiber — to every unserved and underserved home in the U.S., according to Dimitroff.
Phillips Lytle is being engaged by clients to become fluent in the BEAD project mandates and program requirements, and to be proactive in attending meetings with state broadband program offices, reviewing federal, state and local maps, getting to know the players, and monitoring developments at the federal, state and local levels.
“We expect to be involved in giving guidance on compliance, and we will challenge, negotiate and draft agreements for public-private partnerships, easements, and public and private right-of-way access,” Dimitroff added.
Another major development Phillips Lytle is tracking is the growing interest of digital infrastructure investors in data centers and fiber-to-the-home (FTTH). The firm has recently represented investors in FTTH deployments in the mid-Atlantic and Southeast U.S., and more than a dozen fiber companies have used Phillips Lytle in accessing the New York City public rights-of-way.
“We have represented fiber companies serving enterprises and MTEs in their transactional, regulatory and operational matters,” explained Bronston. “We represent a large middle-mile fiber provider in rights-of-way deals with large and small jurisdictions.”
As data center deployment expands, so too does Phillips Lytle’s work and representation in that aspect of digital infrastructure, whether it’s corporate M&A, property leasing and acquisitions, or permitting new structures. In addition, its energy and environment team is involved in related sustainability matters.
Bronston said small cells of various types continue to be built, mostly in dense pockets. For example, ZenFi Networks is deploying Link5G facilities in the New York City rights-of-way. It is a multi-tenant, multi-service siting solution aimed at both bridging the digital divide and accelerating the pace of 5G deployment. Transit Wireless, part of BAI (rebranding to Boldyn Networks) like ZenFi, is building out the NYC Subway system to include the tunnels.
“We have represented BAI/Boldyn portfolio companies ZenFi Networks, Transit Wireless, and Mobilitie,” Dimitroff said, “with a special focus on obtaining multiple telecommunications franchises in New York City, and other matters for the three digital infrastructure companies, including commercial litigation, special franchise tax assessments, and rights-of-way agreements for small cells in jurisdictions across the country.” Phillips Lytle brings more experience with matters relating to New York City public and private rights-of-way than any other firm in the city, state or nation, he believes.
“What stands out about Phillips Lytle is our range of clients from the largest companies and service providers to entrepreneurs and startups, from portfolios of Class A office buildings to small residential building owners,” Bronston said.
For instance, Phillips Lytle assisted StratCap Wireless, a leading U.S. telecommunications infrastructure investment manager in over $100M of nationwide tower acquisitions, negotiation and drafting of multiple tower site developments and asset purchase agreements, as well as financing issues for multiple credit facilities totaling over $150M. It also helped Spectrum Broadband LLC with its acquisition and sale and due diligence related to an equity investment in a broadband company, the acquisition and sale of a spectrum license, the development of an alternative right-of-way access strategy for a broadband provider, and the creation of various telecom-related templates, including the creation of an indefeasible right of use for consortium-owned fiber, operations and maintenance agreement, and an overlash Agreement. Other notable clients include Wire 3, LLC, InfraRed Capital Partners, QMC Telecom International and Helicore LLC.
Despite a slowdown in certain deals, the skill sets that are most in demand from Phillips Lytle currently are M&A and financing transaction work for towers, fiber and data centers, according to Bronston. The firm also has a high volume of complex permitting and zoning matters for macro sites for carriers in challenging locations.
“It is clear that one of the fastest-growing industries in the business world is the telecommunications services industry,” Bronston said. “Phillips Lytle recognizes that the telecom industry requires attorneys who have actual experience in every aspect of the market. The exponential growth in demand for data, and the next generation technology that will meet that demand, present many opportunities and challenges that our experienced attorneys are well suited to meet. We’d love to help on any matter in the space.”
Doug Dimitroff can be reached via email by clicking here. Dave Bronston can be reached via email by clicking here. Visit the Phillips Lytle website for more information.
By J. Sharpe Smith Inside Towers Technology Editor
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