As carriers shift focus and infrastructure builds diversify, Saul Ewing, a full-service law firm with a wide variety of practice areas including telecom, has been adapting in stride. “We’re seeing more work with data center development and on the power/utility side of those developments,” said Greg Rapisarda, Partner at Saul Ewing. “As part of that, there’s been a renewed focus on local land use and zoning regulations.”
The pivot away from raw land macro tower development is one major shift Rapisarda has observed in recent years. “Whether it’s the interest rates or other factors, it feels like we’ve been in a down cycle.” But that doesn’t mean things are slowing down across the board. “Small cell development picked up,” he explained. “There’s innovation happening, infrastructure being built.”
There has also been a surge in co-locations and a deeper dive into Section 6409 of the Middle Class Tax Relief Act of 2012, according to Rapisarda. The provision, which governs eligible facilities requests, has been central to his legal guidance lately. “What it said was that, if it’s an eligible facilities request, then it may not be denied and shall be approved,” he explained. “They took the discretion out of it.”
But understanding and applying the rules isn’t always straightforward, especially at the municipal level. “We do get pushback,” said Rapisarda, “They don’t want to be bowled over.” To help bridge those gaps, he has worked closely with vendors, permitting professionals, and tower owners to streamline application processes and provide legal clarity. “We bring a lot of value in working relationships we forge with staff and officials at the local, county, and state levels,” said Saul Ewing Partner, Doug Sampson. “It’s not just about telling them what they have to do under the law. We get better results by explaining the community benefits and creating relationships built on trust and communication with the decision-makers.”
Local Regulations, National Impact
With co-locations increasing, Rapisarda emphasized how vital it is for jurisdictions to understand the nuances of 6409, particularly around the definition of “substantial change.” “Basically it’s 20 feet taller or 20 feet wider, including the span of antennas.” he said. Expansions within 30 feet of the existing compound are also allowed, which is beneficial when bringing in fiber or new ground equipment.
Beyond towers, Rapisarda’s team is increasingly involved in broader infrastructure projects like substations and transmission lines. “That pushes us a little bit outside of the specific tower focus,” he said. “We’re doing substation development, land use, and regulatory work.”
This expanding workload reflects the firm’s shift to a broader digital infrastructure focus. “It was about two years ago that we pivoted to a broader name than telecommunications,” he said. “That brought in the fiber and data center work right away.”
Working in data centers introduces new legal dynamics. “They’re not discretionary,” Rapisarda said. “You’re not going to get a special exception zoning approval for that, or you’re looking for trouble if you have to.”
Rapisarda elaborated on the complex permitting landscape for data centers, especially as they intersect with power and fiber infrastructure. “Data centers are being placed in more rural areas to avoid municipal obstacles,” he said. “But even then, there’s still a whole lot of infrastructure, including power and backhaul, that has to be sorted out legally.” This often leads Saul Ewing to act as a liaison between developers and local governments. “We’re helping guide conversations with economic development offices,” he added. “And that’s everything from zoning to incentive packages.”
Collaboration Across Disciplines
As demand for AI, data, and domestic manufacturing grows, so does the need for power, which often equates to more legal complexity. “That’s where I’m hopeful,” Rapisarda said. “The need for power could merge with this new focus on domestic manufacturing, and I think it will breed innovation on the power front.”
In addition, Rapisarda noted that his team has increasingly supported clients applying for broadband funding programs. That includes projects driven by Broadband Equity, Access and Deployment (BEAD). “We’ve been working with clients that are in different phases of BEAD readiness,” Rapisarda said, citing an example how Saul Ewing helped a company seeking Build America, Buy America (BABA) certification navigate the intricacies of federal law.
Saul Ewing has built its telecom and digital infrastructure practice on experience, adaptability, and deep collaboration across disciplines. “We have offices across the country and a huge brain trust,” Rapisarda said. “On any given day, I’m working with clients in a very nimble and flexible way.”
That agility extends across practice areas, with partners covering real estate, energy credits, tax implications, and litigation. “I think we’ve outgrown our silos,” he said. “In any given week, we work on a variety of matters across assorted disciplines, including land acquisition, contracts, transactions, land use and zoning, regulatory work, government lobbying, and litigation,” said Sampson. “Collaboration and expertise in a variety of areas is crucial to fully serve businesses competing in this space.”
Ultimately, Rapisarda sees his role, and the role of Saul Ewing, as being not just about legal compliance, but about facilitating the responsible and strategic growth of digital infrastructure. “You can’t continue to have exponential growth that can’t be powered,” he said. “There’s a challenge, and somebody’s going to meet it. That’s what we do.”
For more information about Saul Ewing, visit https://www.saul.com/capabilities/industry/telecommunications-digital-infrastructure.
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