Phillips Lytle Telecommunications Law: Advancing Infrastructure

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Because the pandemic has shown the critical importance of telecommunications infrastructure in all aspects of daily life, public and private funding has been flowing to the sector. From the federal government’s $65 billion in broadband funding allocated through the Infrastructure Investment and Jobs Act to the increased multiples for M&A activity in the space, there is a lot of opportunity to sell, build or acquire telecommunications infrastructure.

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 points out that the recent Notice of Funding Opportunity by the U.S. Department of Commerce National Telecommunications and Information Administration sets the rules for state governments and the telecom sector to apply for grant eligibility.  “When you couple this large grant program with private sector investment in the infrastructure deployment space, you really have a chance to bring broadband to many communities across the country in the near future. We look forward to working with the state broadband offices and our private sector clients to leverage these public and private funding sources.”

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 Telecommunications Act of 1996 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, was 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:

  • Transactional matters, including private equity, venture capital and debt financing, mergers and acquisitions, and asset purchases and sales involving telecommunications infrastructure.
  • 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.
  • 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 Telecommunications Act of 1996 or under contract and real property law.
  • Local and national site leasing work for carriers, infrastructure providers and others.

For more information about Phillips Lytle’s Telecommunications Practice, click here.

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