Hunton & Williams
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Telecommunications

Telecommunications


The lawyers at Hunton & Williams LLP have counseled numerous clients in the sophisticated and fast-growing field of telecommunications. As a result, the firm’s lawyers have broad-based experience with the industry, the networks, and the regulatory landscapes.

The telecommunications industry is going through a period of profound change. The lawyers at Hunton & Williams are an integral part of that change, building on our experience and working closely with clients to find solutions for the ever-competitive future. For example, the firm’s lawyers have been involved in some of the largest and most complex utility financings ever done. In addition, firm lawyers join a relatively small group of attorneys with experience litigating the unique substantive, procedural, and legal issues that arise under the Telecommunications Act of 1996. The firm has represented a range of telecommunications providers (e.g., local exchange, interexchange, wireless), power line communications providers, telecommunications equipment providers and manufacturing companies, international foreign governmental entities, and users of telecommunications equipment and services. As highlighted below, the firm’s lawyers have experience with the telecommunications industry that extends to almost every legal discipline.

Acquisitions and Sales
The firm has extensive experience in transactions involving the acquisition or sale of local exchange companies, pay telephone assets, earth stations, transmission facilities, software licenses, lasers, fiber-optic cables and systems, switches, and other types of hardware. We have completed the sale-lease back financing for significant public utility property, including telecommunications facilities and large office complexes. In addition, we have represented telecommunications clients in a variety of transactions — both domestically and internationally — including those involving corporate mergers and reorganizations, public and private equity and debt offerings, bankruptcy issues, sales and acquisitions of dealer and distribution assets including proprietary customer base, asset-based bank financings, a variety of dealer financing packages, and equipment lease financings.

Telecommunications Act Litigation
The firm’s lawyers have participated in proceedings arising under the national Telecommunications Act of 1996 in 30 states and the FCC, litigating a set of unique substantive, procedural, and legal issues. Specifically, Hunton & Williams’ lawyers arbitrated numerous interconnection agreements and disputes arising pursuant to interconnection agreements, including disputes over intercarrier compensation. Moreover, the firm’s lawyers represented telecommunications providers in federal court appeals under the Act as well as proceedings designed to set wholesale rates and to define the terms and conditions related to collocation of equipment, provision of advanced services, service quality and performance assurance plans, and universal service.

International
The recent decisions of the United States government to extend its domestic deregulatory principles to international communications present a number of novel and complex international law and policy questions. Members of our telecommunications group are knowledgeable on these issues given their particular professional experience. Our international work, anchored in our Bangkok, Brussels, and London offices, is an important part of our telecommunications practice and has several complementary dimensions:

  • representation of domestic or foreign clients on matters that have no direct government involvement;
  • representation of international organizations; and
  • representation of clients in equipment antidumping proceedings.

Corporate and Technology
The firm represents a broad array of clients on corporate and technology issues relevant to the telecommunications industry. This representation ranges from large providers of telecommunications services to technology users and developers. The firm has acted as outside general counsel and advisor and has provided issue- or deal-specific assistance.

Specifically, the firm has helped its clients with the following:

  • structuring, negotiating, and documenting business process outsourcing;
  • telecommunications and professional services arrangements;
  • software development;
  • application service provider, enterprise resource platform and information technology services arrangements;
  • reseller, marketing and other distribution arrangements;
  • software, hardware and services acquisition and licensing arrangements, including wireless telecommunications infrastructure and identity authentication and digital certificate infrastructure. 
  • advising in connection with the protection and enforcement of intellectual property rights;
  • sale-leasebacks of cell towers;
  • creation of wireless Internet service;
  • development, construction, financing and leasing of cell towers;
  • media and advertising contracts;
  • handset and other equipment supply contracts;
  • corporate financing and other organic activities (venture capital, public offerings of debt and equity, strategic partnering alliances, mergers and acquisitions);
  • information technology infrastructure (dial IP, DSL, cable, wireless and other access technologies); and
  • e-commerce (transaction enablers, content providers).

Common Carrier Regulation
At the state and federal level, the firm’s lawyers have represented telecommunications providers in administrative hearings, compliance investigations, rulemakings, and appeals in regulatory matters involving a broad range of issues such as rates, certification, service quality, complaints, transfer of service or facilities, and the transition from a traditional regulatory landscape to a more competitive one.

General Litigation
The firm’s litigation experience extends to litigation of issues commonly faced by telecommunications providers. Examples include billing disputes, personal injury and death claims, claims arising from provision of access to 911 services, consumer fraud claims, IP rights, antitrust compliance issues, discrimination and labor matters, Yellow Page issues, issues associated with condemnation and trespass, and issues associated with provision of toll-free telephone service to a Native-American lottery. For its telecommunications clients, the firm’s attorneys have litigated both individual and class actions as well as represented clients in government investigation and enforcement actions. 

Creditors’ Rights & Bankruptcy
The firm has represented long distance providers and local exchange carriers in commercial disputes and bankruptcy cases involving major telecommunications providers, including representation of carriers in connection with adequate assurance issues, billing disputes, assumption and rejection issues, proofs of claim, claim objections, and plan confirmation issues.

Environmental
We have developed environmental policies and procedures relating to USTs, lasers, asbestos, batteries, OSHA, and hazardous materials storage and handling. The firm has prepared comments, lobbied, and participated in Environmental Protection Agency regulatory proceedings for telecommunications interests. In addition, we have assisted in the evaluation of the environmental issues associated with the construction and operation of a transatlantic fiber-optic telecommunications system.

Labor
We have represented telecommunications companies throughout the United States on labor and employment matters, including negotiations with locals of the Communications Workers of America.

Litigation Case Highlights
  • Verizon steered through complex arbitration - The firm represented Verizon in one of the largest and most complex arbitrations ever held before the Federal Communications Commission.More


  • Large class-action suit settled - Hunton & Williams secured a settlement of a suit by landowners objecting to the installation of fiber-optic cable along 21,800 miles of railroad corridor.More


Transactions
  • SEACOM Ltd. Represented in Landmark Intercontinental Fiber Optic Cable Project - In a landmark intercontinental construction project, Hunton & Williams LLP represented African developer SEACOM Ltd. in a series of closed transactions to secure equity and debt funding to build a state-of-the-art US$650 million fiber-optic cable extending 15,000km along the eastern coast of Africa, linking the continent to India and Europe.More


Publications


Contacts

Contacts

W. Jeffery Edwards
Partner

Richmond(804) 788-8721
Kelly L. Faglioni
Partner & Member of Office of General Counsel

Richmond(804) 788-7334
Richard D. Gary
Partner

Richmond(804) 788-8330
Thomas E. Anderson
Partner

Washington(202) 955-1808




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