Broadband, Spectrum, and Communications Infrastructure

Lerman Senter’s Broadband, Spectrum, and Communications Infrastructure practice group provides a cost-effective, comprehensive suite of legal services for owners and operators of communications systems and broadband networks. Specifically, we assist with purchase and sale agreements, strategic investment transactions, licensing and compliance, spectrum transactions, system sales and leases, tower leasing, universal service, and enforcement matters, as well as with financial restructurings.

For decades, the scope of our expertise has helped clients deal with any regulatory matter they encounter and any business strategy they want to pursue. Today, as new government funding initiatives focus on bridging the digital divide, Lerman Senter offers unique perspectives and creative solutions. Based on our experience working with federal, state, and local agencies and governments, we can help clients identify new funding sources and participate in opportunities expected to emerge. We invite you to contact us for more information about our Broadband, Spectrum, and Communications Infrastructure practice.

Lerman Senter attorneys provide expert, efficient legal services for clients involved in broadband, spectrum, and communications infrastructure, including:

Broadband and Spectrum

  • Advising on ownership, technical, and operational rules and requirements
  • Helping acquire spectrum rights and licenses to support and expand broadband operations
  • Negotiating purchase and sale agreements and strategic investment transactions, spectrum purchase, and lease agreements
  • Counseling broadband providers on internet governance, privacy, cybersecurity, and law enforcement obligations
  • Representing clients in enforcement proceedings before the FCC, including negotiating enforcement solutions
  • Drafting terms of service, acceptable use policies, open internet disclosure statements, and other customer-facing agreements and documents
  • Drafting service-level agreements between broadband providers and enterprises
  • Advising on RF exposure and safety laws and regulations governing wireless equipment

Communications Infrastructure

  • Counseling clients on federal laws and regulations that apply to the construction, marking and lighting of communications towers, and representing clients in FCC enforcement proceedings
  • Assisting in obtaining state and local zoning approvals for siting and constructing communications towers and collocating communications equipment
  • Advocating on interplay between federal and local zoning laws on antenna placement
  • Counseling on laws and regulations regarding the use of drones for critical infrastructure asset management
  • Negotiating tower leases

Public-Sector Supported Program Participation

  • Identifying funding sources, understanding funding rules, drafting agreements, and providing guidance on compliance and reporting for public-private partnership projects
  • Counseling clients on current federal broadband support programs and compliance with Universal Service Fund Requirements
  • Advocating before the FCC on Connect America Fund and Rural Digital Opportunity Fund rulemaking proceedings
  • Counseling clients on participation in the FCC E-Rate program for schools and libraries

Bankruptcies and Restructurings

  • Assisting with bankruptcies and restructurings for clients in the broadband and wireless industries
  • Representing debtors, creditors, and other stakeholders
  • Collaborating with corporate and restructuring counsel to develop equity allocation strategies that enable creditors to acquire equity in companies that hold FCC licenses

Representative Matters

  • On behalf of a national trade association, successfully advocated for allocation of 850 megahertz of unlicensed spectrum that creates significant value for the association’s members
  • On behalf a rural ISP, provided regulatory assistance and helped negotiate a transaction to obtain consent to the transfer of control of the company and its subsidiaries
  • Represented a multinational telecommunications company and other public and private companies in acquisitions and sales of wireless broadband systems
  • Represented a rural telecommunications cooperative before federal and state agencies and Congress in successfully opposing a major satellite merger
  • Represented investment banking syndicates in public equity and debt offerings for fixed wireless companies, drafting registration statements, and providing risk assessment
  • Devised and implemented a regulatory plan to expedite and convert wireless video systems for digital and two-way services
  • Negotiated spectrum lease, bandwidth, and management agreements for Internet service providers, multi-channel video, cellular, and satellite companies
  • Helped rural wireless ISPs obtain emergency access to spectrum to meet surge in demand during COVID pandemic
  • Represented trade association in achieving successful Congressional and regulatory results on significant spectrum policy, Internet governance, and federal subsidy issues

Key Clients

Wireless Internet Service Providers Association, Rise Broadband, Nextlink Internet, Windstream Holdings, Pacific Networks Corp., ComNet (USA), Wisper ISP, Hotwire Communications, Aeronet Wireless Broadband, Amplex, Broadband VI, Etheric Networks, Evertek, Point Broadband, All Points Broadband, Vistabeam, Resound Networks