Telecommunications has clearly taken on the role of critical importance during the pandemic. The implications of its impact on society are widespread, with the demand for data usage continuing to escalate. From businesses to government to health care to education, infrastructure and connectivity have helped to keep this country running.
Led by Special Counsel David Bronston, the Phillips Lytle Telecommunications Practice Team has extensive experience with all types of network buildouts, including macro sites, small cells, data centers, fiber and other infrastructure. The firm is a national leader in telecommunications law, with particular focus on all aspects of the deployment of telecommunications infrastructure.
Bronston said, “As the COVID-19 crisis taught us, there is a significant need for rapid deployment of infrastructure and for more robust networks. Over the past five years, we’ve seen small cells becoming a key part of the telecom landscape, and now edge data centers and private LTE networks are starting to become part of that ever-evolving landscape as well. As a public policy matter, it is now more important than ever to expand broadband deployment – whether fiber, small cells, fixed wireless, towers and macro sites, in cities, suburbs or underserved rural areas.”
Phillips Lytle attorneys are extremely experienced with the regulatory and leasing authorizations necessary for network buildouts. As carriers and tower companies continue to drive the development of infrastructure toward 5G, they are finding that local and state municipalities still struggle under the federal, state and local laws that address telecom infrastructure, such as the 1996 Telecommunications Act and the 2018 Declaratory Ruling and Third Report and Order. Phillips Lytle works to combat barriers to deployment by assisting with zoning approvals, pole attachment agreements, tower and small cell agreements, rights-of-way access and franchise agreements, and other telecommunications infrastructure touchpoints for wireless and fiber service providers.
To advance infrastructure, the firm also works closely with the Wireless Infrastructure Association (WIA) and other thought leaders to help implement successful deployments around the country. “Phillips Lytle has a niche that you don’t see in any other firm,” said Bronston. “Our Partner, Doug Dimitroff, has been a key member of the FCC’s Broadband Deployment Advisory Committee (BDAC), and Doug and I are both on the Board of Directors for New York State Wireless Association (NYSWA). These industry relationships are important, as they help clients with onboarding and training since it’s critical to ensure site acquisition specialists are educated in lease agreement terms and federal, state and local regulations.”
With increased deployment activity across the U.S., and the influx of new technologies such as AI and IoT sensors that use the infrastructure, the Telecommunications Team at Phillips Lytle can assist clients with all regulatory and transactional aspects of the buildout.
On the business/corporate side of the telecommunications world, Phillips Lytle can assist in the growth of companies that specialize in towers, fiber or data center buildouts as well. By assembling a multidisciplinary team of attorneys, Phillips Lytle offers clients services that can take ventures from inception through funding, network and service rollout, and growth (organic and by strategic acquisition), to profitability and successful exit.
Broken out specifically, the firm’s Telecommunications legal capabilities include:
- Environmental matters, including National Environmental Policy Act and State Historic Preservation Office approvals, and other state procedures such as the New York State Environmental Quality Review Act.
- Litigation and dispute resolution involving claims under the 1996 Telecommunications Act or under contract and real property law.
- Local and national site leasing work for carriers, infrastructure providers and others.
- Negotiation, due diligence and closing of master lease agreements, single-site lease agreements, build-to-suit agreements and other telecommunications agreements involving real estate, such as campuses, multi-tenant environments, REITs, military bases, federally owned property, casinos, arenas, stadiums, hotels and malls.
- Permitting, zoning and land use issues for telecommunications carriers and infrastructure owners, including deployment of small cells in the public rights-of-way, municipal franchises, and other public rights-of-way agreements and pole attachment agreements.
- Transactional matters, including private equity, venture capital and debt financing, mergers and acquisitions, and asset purchases and sales involving telecommunications infrastructure.
For more information about Phillips Lytle’s Telecommunications Practice, click here.
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