Helping our clients maintain critical communications access

As more and more companies and individuals rely upon instantaneous connections across global markets, their dependence upon wire-line and wireless networks has reached the point of critical necessity.

At Foley Hoag, we provide advice to our clients at every level of the telecommunications business. This includes helping technology start-ups design business plans, and assisting BOCs, CLECs and CAPs in a wide range of agreements and transactions. These arrangements include negotiating telecommunications equipment collocations, wireless cell-tower sites, and all aspects of fiber-cable network development and construction, including IRUs and right-of-way permitting with public and private parties.

For example, we represented an international satellite TV company in a multi-state, multi-forum battle with most of the established network and cable companies in the United States. We have also advised colleges and schools in the negotiation of agreements with telecommunications suppliers; and we have represented CLECs in the construction, acquisition and leasing of miles of fiber optic cable networks.

The lawyers making up our Telecommunications practice group are thoroughly familiar with media and telecommunications issues and businesses. The litigator who leads the team is involved in disputes between new media companies and networks, sports leagues, and motion picture studios. For nearly five years, this partner has been involved in the most intensive litigations in the industry, and has an in-depth knowledge of the legislative and regulatory process.

Additionally, a senior member of our administrative team spent most of his legal career advising CLECs regarding joint-build, fiber-network construction projects; right-of-way and easement agreements; permits for fiber installations; and the effects of the Telecommunications Act of 1996 on municipal and state regulation of public ways for telecom.

Representative Experience

The following provides an overview of the types of telecommunications services our lawyers provide to our clients:

  • Represent one of the regional bell operating companies in a wide variety of technology related matters. In addition to obtaining patents for our client’s technology, we negotiated substantial domestic and cross-border technology acquisition and divestiture agreements on the client’s behalf. We also assisted in structuring intellectual-property ownership and licensing relations between our client and its business relationships.
  • Represented PrimeTime 24 Joint Venture, a satellite carrier, in lawsuits around the country against the major broadcast networks and their affiliates, as well as against the National Football League, DirecTV, Inc., EchoStar Satellite Corp., and others. This representation extended to proceedings before the Federal Communications Commission and the United States Copyright Office concerning the Satellite Home Viewer Act. As well as to hearings in the United States Congress concerning the amendment of that act, eventually leading to the Satellite Home Viewer Improvement Act of 1999.
  • Represented TVRadio Now, Corp., the owner and operator of iCraveTV, in litigation with the major motion picture studios, broadcast networks and several sports leagues, involving the streaming of video over the Internet. In addition to courtroom representation, we have represented our client in hearings before the U.S. Congress.
  • Acted as counsel for the Town of Barnstable in a dispute with the owner of a radio tower under the Telecommunications Act of 1986. This involved local regulation of the height and use of the tower.
  • Represented Sprint Communications Company, L.P. in a dispute with a local exchange carrier concerning the proper amount of the carrier’s access fees.
  • Represented the City of Boston in negotiating a cable television renewal license with Cablevision Systems. The agreement provides for a 10-year license renewal in exchange for the upgrade of the Cablevision plant. It also provides for Cablevision’s commitment to supply the City of Boston with a wide-area-network, connecting approximately 300 public buildings, including provision of high-speed cable modem service to all of the public schools.
  • Negotiated, on behalf of the City of Boston, a cable television license with RCN-BecoCom LLC. The license will permit RCN to construct a second cable system in the city. Because of that negotiation, RCN will provide the city with two strands of dark fiber, along with high-speed cable modem service to all public schools. These two negotiations mean Boston will be one of the first cities in the country to have a major cable overbuild.
  • At the request of the Massachusetts Department of Telecommunications and Energy (DTE), a Foley Hoag partner served as special magistrate, conducting eight hearings around the Commonwealth of Massachusetts for 112 cities and towns, and preparing a report on US West’s purchase of Continental Cablevision. This partner also served as special magistrate, at the request of DTE, to conduct hearings on behalf of 28 cities and towns in connection with Charter Communications’ purchase of Greater Media Cablevision. In response to other DTE requests, this partner conducted hearings around the Commonwealth of Massachusetts for 200 cities and towns and prepared reports on AT&T’s proposed purchases of MediaOne and Cablevision. In each case, the partner’s report analyzed the merger proponents’ proposals against the criteria cities and towns must consider in approving the proposed transfer of control of their cable licenses. The reports also made final, non-binding, recommendations to the cities and towns on the proposed transfer.
  • Advised Teleport Communications Boston, a wholly owned subsidiary of AT&T, since 1991. We helped our client establish a new regulatory framework, after drastic regulatory changes in the telecommunications landscape, and then helped secure approvals for installation of its fiber optic network in the greater Boston area.
  • Advising a CLEC on the negotiation of competitive-access provider agreements with telecommunications providers wishing to use a comprehensive network of local high-speed circuitry in the Boston area.
  • Represented AT&T Corp. regarding its regulatory initiatives in the greater Boston area. This included successful opposition to a high-profile legislative proposal for the taxation of telecommunications networks in Boston, which would have far-reaching impacts on the industry.
  • Assisted Verizon Communications in negotiating grants of location to install telecom equipment in cities and towns, such as Boston, Worcester, Billerica, Quincy, Newton, Needham and Brookline. This representation included negotiation of easements to cross the land of private property owners. Our real estate department has also developed an expertise in establishing sites for wireless telecommunications towers.
  • Negotiated, on behalf of our client Hasbro, the terms of a SONET agreement with Verizon.
  • Represented a wireless Internet Service Provider (ISP) in obtaining a critical decision from DTE, which broadened the scope of DTE’s existing pole-attachment regulations, to include locations for wireless providers.