The U.S. telecommunications services industry generated a combined annual revenue of approximately $500 billion*. Phillips Lytle recognized early on that this exploding industry would require attorneys who were intimately involved and familiar with all facets of this complex, highly regulated field. The telecommunications industry continues to play a significant role in economic growth through job creation and business expansion. Along with the limitless opportunities are challenges that our attorneys are well-suited to help you overcome.
Today, Phillips Lytle’s Telecommunications attorneys represent some of the world’s largest companies, regional providers, telecommunications entrepreneurs, large and small site owners and managers, as well as lenders and investors across the U.S. Our clients include wireless, wireline and fiber communications carriers, tower owners, internet service providers, developers, property owners, investors, and lenders. We are also positioned to represent investors and operators of data centers and emerging cloud computing companies.
By assembling a multi-disciplinary team of attorneys, we are able to offer clients a full menu of services that can take ventures from inception to profitability. Our capabilities include:
- Transactional matters, including mergers and acquisitions
- Litigation involving claims under the 1996 Telecommunications Act; contract disputes; tariff defenses; foreclosure proceedings; pole attachment agreement litigation; and personal injury defense
- Zoning and land use issues for telecommunications carriers, data centers, tower owners and developers
- Local and national site leasing work for carriers, property owners and property managers including development of alternative network infrastructures, e.g., Wi-Fi, Distributed Antenna Systems (DAS) and other microcell technologies
- Interconnection and collocation agreements
- Spectrum leasing
- Network construction agreements
- Securing operating authority
- Dark fiber and managed services agreements
- Master purchase/service agreements with Original Equipment Manufacturers
- Custom network service agreements for enterprise customers
- Negotiation of municipal franchises and right-of-way agreements
- Pole attachment agreements
Phillips Lytle has extensive experience with respect to telecommunications real estate matters, including:
- Negotiation, due diligence and closing of master 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, casinos, arenas, stadiums, hotels and malls
- Easements and rights-of-way on both public and private property
- Commercial real estate property sales and acquisitions
- Eminent domain
- Environmental matters, including the State Environmental Quality Review Act (SEQRA), the National Environmental Policy Act (NEPA) and the State Historic Preservation Office (SHPO) approvals
- In rem tax and mortgage foreclosures
- Mechanics’ liens
- Real property tax assessment challenges
Phillips Lytle has one of the leading Land Use & Zoning practices in New York. Our attorneys have appeared before hundreds of agencies across the state for important land use approval and litigation matters. Our attorneys have also successfully obtained land use approvals in municipalities, villages and towns across New York State.
With clients that range from local business owners and developers to Fortune 50 companies, we expedite complex and controversial development matters involving permits and approvals from various regulatory agencies. We do it by emphasizing:
- An integrated team approach that coordinates the roles and responsibilities of clients, consultants, contractors and other professionals
- Simultaneous review and processing of applications by various regulatory authorities
- Open lines of communication with the community in order to minimize and address local opposition
We assist our clients with:
- Site plan reviews; special, restricted and conditional use permits; area and use variances; rezonings; and subdivisions
- Coordination of zoning reviews with Environmental Impact Reviews pursuant to SEQRA and NEPA
- Cultural resource reviews in consultation with SHPO
- Wetland permitting in consultation with the United States Army Corps of Engineers and the New York State Department of Environmental Conservation
The attorneys in our Banking & Financial Services Group are experienced in structuring, negotiating and closing complex transactions on behalf of borrowers and lenders. Our Venture Capital Team is experienced in venture capital funding, private placements, and all types of private equity and venture structures. Our multi-disciplinary attorneys provide expertise in intellectual property, licensing, sales, distribution and other commercial arrangements, employment and executive compensation, credit arrangements, and mergers and acquisitions.
Our Tax attorneys possess a commanding knowledge of federal, state and local tax laws including those involving sales tax issues and assessments. We advise our clients on mergers and acquisitions, partnerships and joint ventures, limited-liability companies, real property tax issues, executive compensation and employee benefits. We also have substantial tax litigation experience representing domestic and international clients in federal, state and local tax disputes before the IRS, U.S. Tax Court, and the various New York State tax departments and agencies. We handle corporate franchise taxes, net income taxes, sales taxes, audits and administrative appeals proceedings on all types of federal taxes, in addition to representing clients in U.S. Tax Court and other federal trial and appellate courts.
Our seasoned litigators have firsthand experience tackling the tough disputes that arise in the highly competitive telecommunications industry. These disputes often involve the Telecommunications Act itself. We pride ourselves on the speed with which we prosecute or aggressively defend these proceedings and on the excellent results we achieve for our clients.
When early dismissals cannot be achieved, our understanding of the telecommunications industry allows us to anticipate and intelligently counter the opposition’s stance. Our cross-disciplinary teams enable us to address the core areas of the dispute, be they environmental, commercial, regulatory or tort in nature. Moreover, our long history of courtroom success leverages our negotiation strengths, often resulting in favorable outcomes.
*First Research® Telecommunications Services Industry Profile, July 9, 2012