Telecommunications

Innovative Solutions

  • New cell site development including the negotiation of cell site ground leases and the review of coverage maps, photo simulations, tower manufacturer “structural failure” letters, FAA clearance letters and building permit requirements.
  • Zoning and land use compliance and presentations before regulatory authorities for site approval.
  • Negotiation of DAS (distributed antenna systems) rights of way and license agreements.
  • Presenting claims of “unlawful prohibition of service,” “unreasonable discrimination,” “collocation barriers” and “FCC ‘shot clock’ limits on local government permitting processes” under the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012 and FCC rulings.
  • Assisting local governments in drafting and updating wireless ordinances to reflect the state of current technology and to comply with local, state and federal rules and regulations.
  • Acquisition and disposition of existing cell sites (“one off” and portfolio transactions).
  • Negotiation of rights of way use agreements for installation of long haul fiber routes.

Significant Representations

  • Represented an international tower company in federal court litigation against a city for the denial of 47 U.S.C. Sec. 1455(a) “eligible facilities requests” to add, remove or replace wireless equipment from an existing wireless tower and successfully obtained settlement and issuance of building permits.
  • Represents national “neutral host provider” in analyzing federal, state and local rules, regulations and ordinances in the deployment of small cell and distributed antenna systems and the negotiation of license and attachment agreements.
  • Represented national tower company in federal court litigation against a city and successfully obtained settlement and District Court order finding that the city violated Section 332(c)(7) of the Federal Communications Act.
  • Represented national tower company in federal court litigation against a city alleging that the city’s denial of the company’s application for a specific use permit violated Section 332(c)(7) of the Federal Communications Act. Successfully settled action and obtained specific use authorization for the construction of the tower.
  • Represented PrimeCo in its nationwide “roll out” of the first CDMA service on the PCS band.
  • Represents Capital Telecom Acquisition, LLC in new cell site development, regulatory approvals and cell site ground lease negotiations.
  • Represents American Tower Corporation in new cell site development and regulatory approvals.
  • Represents ATC Outdoor DAS, LLC in the deployment of outdoor distributed antenna systems (ODAS) including the negotiation of local land use licenses and agreements.
  • Represents tower owners and “turf builders” in submitting and obtaining building permits.
  • Represented Global Tower Assets, LLC in the development of a 300 foot telecommunications tower involving land use approvals and negotiations with the U.S. Fish and Wildlife Service.
  • Represented VoiceStream Wireless PCS (now T-Mobile) in over 30 new cell site developments.
  • Represented carriers in the drafting of the first wireless ordinance for the City of San Antonio and subsequent “Rule Interpretation Decisions.”
  • Represented numerous long haul fiber providers in negotiating rights of way use agreements.
  • Represented Ericsson in its successful bid to build the City of San Antonio’s 800 MHz public safety trunk radio system.