When it comes to telecommunications law, volume speaks volumes. Davis Wright Tremaine LLP (DWT) has been a leader in telecom regulation and transactions for more than two decades. We consistently and successfully assist a large number of telecom clients with the full spectrum of needs and challenges affecting the industry. While our skills are anchored by many years of experience, we are firmly focused on the future: anticipating the technology that will profoundly affect our telecom clients and standing ready to help them make use of it. From the expansion of wireless into digital media, to the actualization of VoIP, our expertise ensures that our clients receive appropriate counsel without a costly learning curve.
Diverse industry expertise
DWT attorneys represent clients from all segments of the telecommunications industry, including:
- VoIP providers
- Wireless broadband providers
- Cellular and PCS carriers
- Competitive local exchange carriers (CLECs)
- Interexchange carriers and resellers
- Paging companies
- Cable TV programmers and operators
- Satellite operators
- Equipment manufacturers
- Trade associations
- Billing companies and large users
Most of our lawyers have served in senior positions with the FCC, state public utilities commissions or leading telecommunications companies. We understand the regulatory process from the agencies’ perspective, and we know how business people think and operate. We help them to work efficiently by providing focused, expeditious counsel.
A proactive, comprehensive approach
Simply reacting to legal and business changes in the speed-of-light environment of telecommunications isn’t enough. DWT takes a proactive, practical approach. We produce creative solutions to clients’ legal issues, and we help clients avoid problems by anticipating and capitalizing on new regulatory policies and business opportunities. As a full-service law firm with more than 400 lawyers, we engage the services of our DWT colleagues from other practice areas—such as tax, corporate, finance, litigation, environmental, employment and real estate—to solve the complex, multi-faceted legal problems of our telecommunications clients.
Our Strengths
 Multi-jurisdictional regulatory work more info
Corporate services more info
Internet and eCommerce more info
Real estate, land use and environmental matters more info
Services and equipment procurement more info
Litigation more info
The states
DWT lawyers practice before a majority of the state public utility commissions. We have represented telecommunications clients in virtually every type of state regulatory proceeding, including:
- Entry and exit; tariffs
- Interconnection: negotiating hundreds of agreements and arbitrating more than 50
- Consumer protection and service quality complaints and rulemakings
- Compliance
- Regulatory fees
- Enforcement and audits
- Universal service proceedings including ETC status
- Numbering compliance and acquisition
Clients often hire DWT on a nationwide or regional basis. In some cases, we represent clients directly in proceedings in multiple states; in other situations, we have developed a nationwide strategy and then guided its implementation using a combination of our firm’s resources and local counsel. We also monitor state regulatory proceedings and develop efficient ways for clients to track the proceedings and manage information flow (using an extranet, for example).
Click here to view DWT's State Regulatory fact sheet.
Click here to view DWT's Consumer Protection fact sheet.
Federal focus
DWT has a well-established and long-standing FCC and FTC practice. We represent clients in rulemakings, application proceedings and enforcement actions in a variety of substantive areas including telemarketing, interconnection, numbering and cable. We help our clients navigate complicated regulatory compliance issues by providing timely, well-informed advice. We also keep our clients up to date on regulatory developments as they occur through publications like the FCC Daily (click here for our weekly update).
Click here to view DWT's Federal Regulatory fact sheet.
Click here to view DWT's Cable Networks fact sheet.
Click here to view DWT's Cable Operators fact sheet.
General corporate transactions
DWT attorneys have extensive expertise in both general corporate and contractual transactions: joint ventures; asset sales, mergers and acquisitions; private and public financings; and reorganizations. These transactions have gained importance in recent years as companies consolidate, merge and restructure to meet regulatory changes and an evolving marketplace. Our services routinely include structuring, negotiating and documenting the terms of the transactions, as well as guiding clients through the maze of applicable federal, state, local and sometimes international legal requirements.
Our lawyers work closely with clients to structure transactions in ways that avoid or mitigate the need for regulatory approvals and extensive delays. But, when approvals are necessary, we apply our skills and years of experience to obtain them quickly.
Operational transactions
Despite deregulation of telecommunications in many areas, federal, state and local laws continue to profoundly affect the industry. DWT keeps clients informed of changes in laws that might affect their operations. We also assist in the structuring, drafting and negotiating of a wide variety of transactions associated with the provision of voice, data and enhanced services, including:
- Network/capacity - We have represented clients on every type of network capacity transaction, including the creation of networks and:
- Purchase and sale of large-capacity private line services
- WiFi "Hotspot" and roaming agreements
- Telecommunications aggregator agreements
- Virtual Private Network (VPN) agreements
- Network monitoring agreements
- Spectrum acquisition
- Satellite network agreements
- Back office and other telecom needs -
- Distribution, advertising and promotional agreements
- Acquisition of billing and customer support systems
A wide array of telecommunications clients count on our expertise in the full range of Internet and eCommerce issues, notably:
- Peering and transit traffic contract negotiations
- Co-marketing and co-branding arrangements with third-party content providers
- Privacy and data protection
- Protection of domain name rights
- Intellectual property and fair trade
- Electronic transactions and content rules
- Hardware and software acquisition and licensing agreements
- Website legal review
- First Amendment issues and litigation
Our attorneys have extensive experience assisting telecom clients with the challenging real estate, land use and environmental matters that arise in connection with the construction, acquisition and expansion of networks. DWT’s breadth of service includes:
Real estate/land use
- Site acquisitions and governmental permitting for antenna locations
- Purchase, sale, leasing and governmental permitting related to real property for corporate offices and retail locations
- State and federal litigation pertaining to the siting of wireless communication facilities
- Joint-build agreements and co-location licenses
- Rights-of-way and building access
- Conduit builds, fiber pulls and fiber swaps
- Pole attachment agreements
Environmental
- Tribal, local, state, and federal agency consultations to resolve cultural and natural resource issues in tower siting, co-locations and trenching
- Environmental compliance planning and permitting for back-up power systems
- NEPA (National Environmental Policy Act) compliance and environmental due diligence
- Environmental auditing and penalty negotiations with the Environmental Protection Agency and state agencies
- Environmental indemnities in multi-facility acquisitions
- Battery disposal, storage and management assistance
Changes in the competitive landscape for services and equipment, including the de-tariffing of many services, now make it possible for telecommunications purchasers to negotiate more favorable terms for services and equipment. We have substantial experience supporting clients seeking to purchase large volumes of services or equipment.
Whenever possible, we work to resolve disputes through negotiation. But, when litigation in some form is necessary, we bring a remarkable breadth of experience to the challenge. We have represented telecommunications clients before federal, state and municipal agencies, and before state and federal courts, on a broad spectrum of matters such as:
- Commercial disputes with carriers and dealers
- Class actions
- Attorney General investigations
- Arbitration, appeal and enforcement of interconnection agreements
- Generic costing and pricing proceedings
- ILEC compliance actions
- Agency rulemakings
- Telecommunications Act Sections 251 and 271
Click here to view DWT's Litigation Services fact sheet. |
