Communications

Moss & Barnett's communications team offers comprehensive representation to clients with regard to business, regulatory, corporate, and transactional matters. Our experience is vast and includes counsel to rural incumbent local exchange carriers (ILECs), municipal regulators, and new market entrants.

Regulatory Proceedings, Compliance, and Litigation

Our regulatory counsel to clients focuses on matters before the Federal Communications Commission, state public utility commissions, and local units of government.  Areas of counsel include:

  • Assisting clients in proceedings arising under the Telecommunications Act of 1996, including unbundled network element cost cases, wholesale service performance disputes, and related matters.
  • Advising local governmental entities with communications contracting, including cable franchising, pole attachment agreements, and right-of-way regulation.
  • Obtaining state telecommunications certifications and other state regulatory approvals.
  • Representing clients in regulatory proceedings related to the FCC's Over-The-Air Reception Devices Rule (OTARD) and central distribution systems servicing multi-tenant premises.
  • Advising in state and federal regulatory proceedings related to access stimulation.

Court Proceedings, Arbitrations, Negotiations, and Complaint Proceedings

Experienced at every stage of the regulatory review process, we begin most representations by preparing filings, pleadings, and testimony. Our participation in regulatory hearings includes conducting cross-examinations, drafting briefs, and giving oral arguments. We bring resolution to matters through negotiating settlements and trying matters through to judicial appeal. As a known and respected presence before numerous local and state regulatory bodies, Moss & Barnett places clients in the forefront of regulatory compliance matters.

Moss & Barnett offers clients a litigation-tested team trusted in telecommunications disputes. We represent clients in interconnection arbitrations and access "reform" proceedings before state regulatory commissions.  In addition, our communications team represents ILECs and Competitive Local Exchange Carriers (CLECs) in state and federal appellate proceedings, including matters related to Unbundled Network Element pricing, wholesale service performance standards, and Intercarrier Compensation.

Transactional and Strategic Business Counsel

Armed with a valuable perspective on the telecom industry and a productive network of relationships in various regional and national markets, Moss & Barnett attorneys use their regulatory insights to assist clients with organizational, transactional, and strategic matters.

We negotiate agreements, including traffic identification agreements with Qwest/ILECs for phantom traffic terminated over Qwest/ILEC access tandems. We also negotiate and help structure interconnection agreements, including agreements with Commercial Mobile Radio Service (CMRS) providers.

Understanding the transactional climate is especially important in an evolving industry.  Our communications law team advises clients on mergers, acquisitions, and other strategic transactions.  We assist our clients through the entire process, from identifying and structuring the deal to obtaining legal and regulatory approvals.

Municipal Communications Counsel

Moss & Barnett represents municipalities throughout the nation on cable and telecommunications issues. We work closely with local city attorneys and city staff to determine objectives at the start of franchising projects and to develop a process and negotiation strategy to help our clients achieve their objectives. 

Our attorneys have more than 25 years of experience in the cable communications industry and are well-versed in industry practices and have handled transactions with virtually all of the top 20 cable operators in the United States.

As a full-service law firm, we also assist telecommunications clients in exploring non-telecommunications business opportunities. For example, we provide advice and representation related to establishing and managing data centers and related to third-party billing by telecommunications carriers for non-telecommunications services.