Telecommunications

Overview

Arent Fox represents cable providers, wireless operators, data services providers, voice operators, digital television manufacturers, wireless handset manufacturers, cable programmers, collocation providers and other companies whose core business is in the telecommunications industry. We also represent many telecommunications-related companies, such as private land mobile radio operators, military homeland security and other high-tech companies and mining companies. Our practice focuses on obtaining regulatory approvals and providing regulatory counseling, negotiating and drafting telecommunications agreements and representing clients in litigation and contested proceedings.

Regulatory Approvals and Counseling

By constantly monitoring the trends and changes in domestic and international telecommunications law and policy, we help clients anticipate and prevent problems and chart the most efficient route to regulatory approval and compliance.

We represent clients seeking to obtain regulatory approvals before federal, state and local regulatory bodies, including the Federal Communications Commission (FCC), state public utility commissions, local franchising authorities, the Copyright Office, the Justice Department, the Federal Trade Commission and the State Department. Some examples of regulatory approvals include:

• Experimental licensing for military, homeland security and other high-tech applications.
• Franchised cable system registrations.
• Authority to operate mobile telephone network facilities in foreign countries, international frequency coordination and cross-border service/interference.

Some examples of regulatory topics on which we are frequently asked to provide counseling include:

• Wireless service. Site-by-site and geographic licensing / FCC auctions, spectrum allocation, interconnection, resale, technical standards, equipment authorization, experimental licensing, electrical interference, CALEA, and E911.
• Telemedicine. Videoconferencing, distance learning, medical telemetry, wireless implants and funding opportunities available to telehealth providers, hospitals and other health care facilities.
• Cable service. Franchising, program access, must carry, inside wiring and copyright.
• Digital Television. V-chip and other compliance issues.

Negotiating Telecommunications Agreements

We negotiate and draft agreements that maximize benefits to our clients and protect them from unacceptable risk. We also conduct due diligence investigations and regulatory compliance audits in connection with these negotiations. The matters for which we have negotiated agreements include:

• Providing in-building wireless service to large-scale public facilities (subway systems and airports) and privately owned facilities, often involving three-way negotiations with the owner of the facilities, the manager of the wireless network and the wireless providers.
• Providing cable, telephony and data service to residential and commercial properties such as multiple-dwelling units, commercial properties, universities and hotels.
• Providing telecommunications service including wireless interconnection agreements, dark fiber agreements, co-channel intercarrier agreements, joint venture agreements, agreements resolving interference issues between wireless carriers, and agreements for the sale or acquisition of telephone, video, wireless and radio systems.

Litigation and Contested Proceedings

Arent Fox represents clients in federal and state court litigation, as well as in contested proceedings before the FCC, on formal and informal complaints, declaratory ruling requests and rulemaking. The rapidly evolving telecommunications marketplace requires innovative approaches to ensure successful outcomes for clients. When appropriate, we counsel clients to settle disputed matters. Some examples of successful litigation include:

• For an international coalition of mining companies, we obtained a seven-year deferral of an FCC decision to impose substantial and accelerated licensing restrictions, saving our clients millions of dollars.
• We prevailed in numerous proceedings before the FCC on behalf of wireless licensees suffering harmful electrical interference.
• In an important FCC rulemaking proceeding, we prevailed on behalf of a client in arguing that dark fiber should be considered an unbundled network element.