| Meyers Nave provides advice to its clients on all aspects of telecommunications, cable, and wireless communications facilities law. We have represented our clients in negotiations with telecommunications companies, cable companies, wireless communications companies, and public and private utilities.
Many public agencies are facing the renewal of cable franchises that were originally granted in the 1970s and 1980s. Since that time the cable industry has significantly changed as control has been consolidated in a few major players. We counsel our clients on all aspects of cable franchise renewals, extensions, and transfers, including those conditions and exactions that can (and cannot) legally be obtained as part of the negotiating process.
Cable franchises are long-term commitments and public agencies are keenly aware that their constituents expect active oversight of the cable franchisee. We work with our clients to evaluate potential franchise violations, provide advice as to what remedies are potentially available, and advise as to what procedures must be followed as part of remedying any violations. We have also counseled our clients with respect to franchise fee audits and collection of underpaid franchise fees.
In the 1990s, public agencies saw an unprecedented demand for access to the public right-of-way by companies seeking to install high-speed fiber optic conduit and cables. Although, arguably, demand has lessened, there still exists a significant demand for space in the public right-of-way from these companies.
We have extensive experience in advising local agencies of their regulatory authority under the Telecommunications Act of 1996. We have assisted agencies in negotiating encroachment agreements with nearly every major telecommunications company active in the Northern California market. Further, we have counseled our clients on methods to reduce the impact on the public right-of-way through encroachment permit conditions, moratoria, mitigation fees, use of joint utility trenches, and requiring the use of agency-owned fiber optic conduit.
- WIRELESS COMMUNICATIONS FACILITIES
The 1980s saw an explosion in the construction of wireless communications antennas and towers to provide cellular telephone services. These antennas and towers raised significant concerns from the public regarding visual blight and potential health side effects. Recent technological and design improvements have allowed companies to make these facilities more "stealthy". However, public health concerns may still occasionally erupt into a firestorm of opposition particularly where the proposed facilities are located near residences or schools.
We have drafted wireless communications facilities ordinances for our clients that provide regulatory control over both the design and the location of facilities as well as address public health and safety considerations to extent allowed by state and federal law. We also advise clients on their authority (or lack of authority) to approve, condition, or deny applications to construct these facilities.
Wireless communications providers often seek access to publicly owned property for their facilities. We have negotiated lease agreements on behalf of our clients that provide an ongoing source of revenue while still maintaining maximum control of the property.
The law in this area is a constantly changing mixture of federal and state
statutes, administrative regulations, and often times conflicting court interpretations.
Meyers Nave actively monitors developments in the law and regularly provides
our clients with updates on relevant changes. We are committed to providing
our clients with timely and innovative advice to help assure that their best
interests, and the best interests of their constituents, are protected.
Meyers Nave offers in-depth knowledge and a team approach to public agency
and private clients on a comprehensive range of energy related legal services,
including:
- Electric Power Generation
- Alternative, Renewable and Clean Energy Projects
- Solar Generation Projects
- Hydro-Power Projects
- Wind Power Projects
- Landfill Gas Projects
- Environmental Representation and Compliance
- Green House Gas Emissions and Climate Change
- Power Purchase Agreements
- Construction, Licensing and Siting of Generation Facilities
- Transmission and Interconnection Agreements
- Natural Gas Distribution and Storage
- Litigation and Alternative Dispute Resolution
- Community Choice Aggregation
Meyers Nave represents joint powers agencies, municipal electric utilities,
rural electric cooperatives, irrigation districts, water districts and other
utility providers.
Head of Group Contact:
- Michael F. Dean
- e-mail: mdean@meyersnave.com
John Bakker
e-mail: jbakker@meyersnave.com
Benjamin Reyes
e-mail: breyes@meyersnave.com
- To Request a Brochure or Additional Information:
- Call Client Relations at 510.808.2000 or
- send an e-mail to: info@meyersnave.com
-
View
or download a PDF of our Public Power and Telecommunications Practice Group
Brochure
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