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Telecommunications

Phillips Lytle represents some of the world’s leading digital communications companies and investors.

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A National Leader in Telecommunications Law

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.

Assisting Clients in Navigating Telecommunications Matters

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.

Thought Leaders in the Telecommunications Industry

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.

Telecommunications Representation

Below are select telecommunications matters that demonstrate our team’s experience:
  • Represented BAI portfolio companies—Zenfi Networks, Transit Wireless, LLC and Mobilitie Operations, LLC—in various matters, 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. We bring 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.
  • Represented Wire 3, LLC in securing state operational authority as a telecommunications service provider, providing guidance in connection with debt and equity financing, creation of engineering and construction specifications for network deployment and obtaining pole attachment rights with a utility.
  • Represented InfraRed Capital Partners, a leading international investment manager, in their 2022 digital infrastructure investments (towers and FTTH) including all aspects of complex deal structuring and regulatory advice.
  • Represented QMC Telecom International on the creation of customer and vendor agreements for a multinational independent owner and operator of wireless infrastructure to serve both its international and U.S. deployments.
  • Represented O2 Investment Partners, LLC in connection with unWired Broadband LLC and O2 Fiber, LLC and provided guidance to O2 Investment Partners in migrating a successful wireless broadband provider to a fiber-based broadband provider including securing a video franchise under California’s Digital Infrastructure and Video Competition Act. In addition, we prepared an application to the California Public Utilities Commission for a Certificate of Public Convenience and Necessity for O2 Fiber LLC for full facilities based and resold operating authority.
  • Represented several leading wireless infrastructure investment funds in 25 different acquisitions and dispositions of tower portfolios in 42 states across the U.S., with deal values over $1 billion, including the diligence of ground leases, easements, tower tenant leases, assignments of tower assets, title issues and all aspects of the purchase and sale agreements and closings.

Meet Our Telecommunications Team


David E. Bronston Special Counsel
Kimberly R. Nason Partner
Lauren Adornetto
Lauren Adornetto Associate
William D. Christ Partner, Governing Committee
Anna Mercado Clark Partner, Chief Information Security Officer, Governing Committee
PL-Bio-Feature-DimitroffDouglas
Douglas W. Dimitroff Partner, Managing Partner, Governing Committee
Luke Donigan Senior Associate
Flora Donovan Associate
Matthew Fitzgerald
Matthew J. Fitzgerald Senior Associate
Bruce Frankiewich
Bruce T. Frankiewich Special Counsel
Marc H. Goldberg Special Counsel
Asaf Hahami Partner
Lindsey E. Haubenreich Partner
Julia J. Henrichs Senior Associate
Adam D. Herron Associate
Diana E. Konik Associate
Timothy P. Moriarty Partner
Jocelyn C. Ng Associate
Eoin Ó Muimhneacháin (Moynihan) Associate
John Pappano
John A. Pappano Of Counsel
Thomas Puchner
Thomas F. Puchner Partner
Maria Althea M. Teves Associate
Adam S. Walters Partner
James Wholey
James Kevin Wholey
TEAM LEADER
David E. Bronston Special Counsel
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TEAM LEADER
Kimberly R. Nason Partner
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William D. Christ Partner, Governing Committee
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Anna Mercado Clark Partner, Chief Information Security Officer, Governing Committee
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Douglas W. Dimitroff Partner, Managing Partner, Governing Committee
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Matthew J. Fitzgerald Senior Associate
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Bruce T. Frankiewich Special Counsel
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Marc H. Goldberg Special Counsel
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Julia J. Henrichs Senior Associate
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Eoin Ó Muimhneacháin (Moynihan) Associate
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Maria Althea M. Teves Associate
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