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Telecommunications

Our Telecommunications Group has decades of experience advising and litigating disputes for telecommunications carriers and related companies before regulatory agencies and in state and federal courts. Our experience encompasses:

  • Pole attachment
  • Building access
  • Rights-of-way and other real property disputes
  • Litigating local government franchising and tax requirements
  • The defense of regulatory investigations and audits
  • Defense of challenges to billing practices
  • Defense of traffic pumping claims
  • Defense of slamming, cramming, and loss of service claims
  • Appeals of regulatory actions and decisions
  • Compliance with government subpoenas and information requests

We also serve as regulatory counsel in bankruptcy and debtor/creditor cases, advising clients regarding the potential implications, under state and federal rules, of regulated asset transfers.

  • Successfully defended a carrier in putative class actions alleging misleading billing descriptions under state law causes of action and Section 201(b) of the Federal Communications Act
  • Obtained a defense verdict for a telecommunications carrier following a jury trial on a $193 million breach of contract claim filed by a city in New Mexico federal court
  • Obtained an injunction on behalf of a telecommunications carrier following a bench trial in New Mexico federal court, permanently enjoining a city from enforcing unlawful telecommunications ordinance pursuant to 47 U.S.C. § 253
  • Obtained an injunction on behalf of a telecommunications carrier against a city following a bench trial in Iowa federal court, and appeal to the Eighth Circuit Court of Appeals, permanently enjoining the city from enforcing unlawful telecommunications ordinance pursuant to state law
  • Received agreements from cities in Iowa, Oregon, and New Mexico, following separate lawsuits, to rescind ordinances imposing unlawful requirements, fees, and taxes on telecommunications carriers
  • Obtained judgments for a large telecommunications carrier following bench trials in Maryland and Oregon, refunding overpaid franchise fees
  • Successfully defended a carrier from an attempt to exclude the carrier from a private network linking companies in the automotive sector
  • Represented an owner of spectrum rights in a dispute regarding the development of WiMax service.
  • Obtained a dismissal of a breach of contract claim filed against a large telecommunications carrier with the Nebraska Public Service Commission