Home to lawyers recognized for regulatory communications matters by The International Who's Who of Business Lawyers.
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Fiber Optic and Private Networks
A key component of shared infrastructure is the Indefeasible Right of Use (IRU) agreement to share or lease capacity on fiber optic networks. Fiber optic IRU agreements can involve many forms including the lease of one or more fiber strands in an operational network or the lease of dark fiber that is not connected with an existing network. Many IRU agreements provide for the lease of entire networks of fiber optic capacity in various configurations including metro rings, intra-city transport networks and, more recently, local loop and fiber-to-home systems.
As a leading global communications practice, we are regularly involved in IRU-related projects. In addition to our extensive experience in communications, clients can draw upon the resources of our corporate, tax and real estate practices to handle interrelated issues involving IRU agreements.
Our services include:
- Assisting clients in drafting and reviewing agreements to grant IRUs for fiber optic networks and associated facilities for private and public networks.
- Negotiating and drafting agreements to transfer and assign the rights to IRUs and fiber optic networks to other parties.
- Negotiating on behalf of clients to develop collateral agreements for fiber optic networks, addressing such necessary issues as access to rights-of-way, construction, collocation, operations and network maintenance.
- Advising clients on regulatory and licensing requirements for IRU networks including the national, state and local authorization requirements for networks used for public or private communications. Projects routinely addressed involve multiple jurisdictions and both civil and common law concepts.
- Structuring and negotiating complex joint ownership and operating agreements involving both public and private entities for shared exploitation of public rights-of-way and fiber optic networks that may be owned in part by government or quasi-governmental entities.
- Advising clients on the complex taxation issues that are often associated with IRU agreements and proposals to operate fiber optic networks. We also assist clients in structuring fiber optic lease agreements in ways that optimize available tax advantages.
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Listed as a recommended firm for technology, media & telecommunications (TMT) in the 2012 edition of The Legal 500 Europe, Middle East & Africa.
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