Communications Infrastructure (Tower) Companies

Owners, operators  and users of communications towers that provide infrastructure support for the wireless and broadcast industries have a number of legal needs, including transactional needs, compliance with Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) regulatory requirements, participation in state and federal agency rulemakings, legislative efforts that impact the tower industry, responding to legal challenges regarding siting, real estate transactions, compliance with environmental and safety laws, and potential liability issues. Patton Boggs has one of the nation’s leading tower siting and infrastructure practices, built on the experience of an interdisciplinary team dedicated to serving all of these legal needs.

The Patton Boggs TechComm team advises tower companies, site owners and tower/site lessees on real estate issues and tower-related transactional matters, including site acquisitions and ground leasing, tower leasing and subleasing, tower sales and acquisitions, land use issues, pole attachment issues, collocation requirements, interconnection agreements, local approval requirements, tower maintenance contracts and licensing issues.

We successfully represent tower companies before the FCC on matters including compliance with tower regulations, advocacy on policy matters that could impact the tower industry, and enforcement matters including negotiating settlements of noncompliant towers. We have counseled clients on relevant environmental laws, including the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA) and state historic preservation acts, Emergency Planning and Community Right to Know Act (EPCRA), Clean Air Act (CAA), and Clean Water Act (CWA), spill control and prevention requirements. Our attorneys have significant experience defending tower clients in state and federal OSHA investigations and we have worked to successfully limit administrative penalties and tort liability. We also work with clients on FAA tower clearances, RF radiation issues and coordination of quiet zones for the National Radio Astronomy Observatory (NRAO).

Our professionals have extensive experience in these areas, and include a former general counsel of a wireless carrier, former FCC officials with responsibility over wireless infrastructure issues and attorneys with decades of experience working with broadcasters, wireless companies and tower companies.

Representative Work:

• Leveraged our bankruptcy, transactional, FCC regulatory and tower industry expertise in representing a commercial finance company in the purchase of more than 100 communication towers. The acquisition was made through a §363 bankruptcy auction in the U.S. Bankruptcy Court for the Northern District of Texas. The transaction yielded excellent returns for Patton Boggs’ client, who was able to sell roughly one-third of the towers a short time later.
• Represented publicly-traded tower owner in FCC enforcement proceeding.
• Negotiated Consent Decree with the FCC on behalf of a tower owner whose contractors had failed to complete the requisite environmental work before erecting towers.
• Successfully negotiated a master lease on behalf of a tower company client with a major fiber optic carrier in order to secure nationwide rights to build towers on the fiber company’s property. We assisted with formation of the company and continue to undertake all legal work associated with its financings. Patton Boggs also assists the tower company with all of its FCC, FAA and OSHA regulatory requirements, and negotiates tower leases nationwide with wireless carriers to lease space on these towers.
• Represented wireless infrastructure trade association in state regulatory proceeding to develop tower safety rules.
• Negotiated sale of tower facilities for wireless service provider in major metropolitan area.
• Developed form communications site lease and sublease for use by wireless service provider in market buildout.
• Reviewed and advised wireless service provider on build-to-suit and master site lease agreements in connection with multi-market wireless build out.
• Advised wireless service provider in connection with communications site lease litigation matters.
• Reviewed and advised wireless service provider on master construction agreements, independent site consultant agreements and site acquisition agreements.
• Advised purchaser of towers in connection with acquisition of towers in bankruptcy, related site lease amendments and site lease renewals.