Our clients include wireless service providers, fiber providers, neutral host Distributed Antenna Systems (DAS) and small cell providers, tower companies, data center operators, Internet of Things (IoT) application users, enterprise users, as well as lenders and strategic investment funds in the U.S. and abroad. Our multidisciplinary team of attorneys offers a wide range of services that can take ventures from inception through funding to network and service rollout to growth, profitability and successful exit. With a particular focus on acquisitions, lender financings, private equity and infrastructure fund investments, and network operations, our work spans from site deployment of the initial analogue wireless systems to the most cutting-edge 5G networks, nationwide permitting and site leasing, to service and interconnection and rights-of-way agreements. The significant transactions we have handled for our clients have positioned Phillips Lytle as a force in the deployment and funding of digital infrastructure connectivity and deal making.
Our Telecommunications Team guides clients through acquisitions and investments in and financing of towers, data centers and fiber companies, including regulatory and environmental approvals, and the Public Private Partnership (P3) agreements needed to enable deployments of digital infrastructure. We handle all aspects of the deployment process from securing state operational authority, environmental diligence and review, zoning and permitting, and right-of-way access to regulatory guidance and review of federal (i.e., Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA)), state (Public Utility Commission (PUC) and Public Service Commission (PSC)), and local requirements. Our experience spans pole attachments and the vendor agreements needed for successful construction and maintenance of wireline and wireless networks. From Park Avenue rooftops to sports stadiums and airports, we have negotiated and drafted thousands of agreements for telecommunications providers and property owners throughout the U.S. and abroad, including, ground leases, tenant leases, easements and deeds. We also handle all aspects of title review.
Whether our clients provide Fiber to the Home (FTTH) or cutting-edge IoT or traditional Plain Old Telephone Service (POTS) and cable wireline service, or a new, innovative, faster and more cost-effective way to replace light pole foundations to facilitate small cell and wireless broadband deployments, we are fluent in the law, the regulatory matrix and the business of digital infrastructure. Besides traditional sources of debt and equity private financing of deployments, we are also able to assist clients with state and federal public funding programs, such as the Broadband Equity, Access and Deployment (BEAD) Program.
Our Telecommunications Team has a depth of experience in deploying, maintaining, operating, leasing or granting an Indefeasible Right of Use (IRU) in fiber optic networks including metro networks connecting key communication aggregation points or providing backhaul for wireless networks or FTTH deployments.
We can secure franchises and right-of-way access, pole attachment rights and the agreements needed for ongoing operations, including maintenance, monitoring and service level agreements. Most recently, we created a Co-location License Template and Service Level Agreement for the owner and operator of a Tier III SOC 2 compliant data center.
When litigation arises for our telecom clients, our experienced team of litigators and telecommunications subject matter experts respond quickly and efficiently. Our attorneys have successfully represented clients in claims under the Telecommunications Act of 1996, including combating barriers to entry, state and federal pole attachment disputes, contract disputes, data protection and tariff matters.
Our team includes attorneys with experience in deploying wireless infrastructure for a global wireless service provider, building metro fiber enterprise networks for a Competitive Local Exchange Carrier (CLEC) and managing telecommunications rights-of-way for a major municipal government. We have deep experience in M&A, Cybersecurity, Labor and Employment, Tax and Real Estate, as well as on Capitol Hill and with state and local telecom regulatory and permitting agencies.
The founder of our Telecommunications Practice is involved with key agencies in the telecom industry, specifically having been appointed to the FCC Broadband Deployment Advisory Committee. Our team leader was General Counsel to the New York City Department of Information Technology and Telecommunications, spearheading the original metro fiber deals. Our attorneys are also sought-after speakers, panelists and authors. This breadth of knowledge gives us a distinct advantage in handling telecommunications transactions, as we can see the full range of factors that affect the success of the launch, operation and successful exit of telecom infrastructure providers and telecom service providers.
Our attorneys provide vital representation in a number of key areas within the telecommunications industry, lending our extensive experience in a wide variety of legal matters.
Representing carriers draws on a multidisciplined approach to client representation as our telecommunications team utilizes the extensive experience of the attorneys from our Banking and Financial Services, Corporate, Environmental, Litigation and Real Estate teams.
Phillips Lytle represents a wide range of clients in the data center industry, including developers, sellers and buyers, investors, and operators. Our team provides comprehensive legal counsel to clients throughout the entire data center lifecycle, from development, siting, and construction to acquisitions, sales, and ongoing operations. From site selection and leasing of real property to environmental and land use approvals, financing and deployment of fiber connectivity, and negotiation of microgrid and power purchase agreements, our team extensively supports data center projects. We also bring deep multidisciplinary expertise in regulatory compliance, data privacy, energy development, storage, and procurement, and telecom leases.
Learn MorePhillips Lytle has a team fluent in the key aspects of digital infrastructure and what is required to deploy networks of towers, small cells, fiber and data centers. Our team has deep experience providing guidance on and due diligence review of leases, licenses, franchises, pole attachments and other rights-of-way agreements. Additional experience includes environmental, zoning, permitting and land use authorizations. We provide representation on operational and services agreements and transactional agreements, including merger, asset purchase or equity purchase agreements. This depth of experience positions us to provide precise representation to clients seeking to finance and invest in (or acquire or sell) digital infrastructure properties and companies.
The Telecommunications Team assists in building solution providers in deploying Distributed Antenna System (DAS) in venues across the country, including hospitals, educational institutions, stadiums and arenas. We also have years of experience in representing mobile network operators (MNOs) in large indoor and outdoor DAS projects, such as airports, rapid transit systems and university campuses and other campus environments. The team also represents class A commercial and residential property owners in various aspects of mobile coverage enhancement, including DAS and Citizens Broadband Radio Service (CBRS) private network projects.
With 5G access growing across the country, our attorneys offer the necessary representation to clients working to expand their 5G network elements and the steps required to strengthen networks via digital infrastructure investment.
We advise clients with fiber-related transactional work, including deployments, joint ventures, fiber access, ring, indefeasible right-of-use agreements and financing work. We have completed more authorizations for fiber in New York City than any other firm.
Our team guides clients through the often complex process of land use, permitting, leasing, transactional and litigation work associated with developing, acquiring, selling and managing cell tower portfolios, including towers, macrosites, macrocell sectors, indoor small cell and DAS nodes and outdoor small cell nodes.
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