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Telecommunications

Hodgson Russ has been serving the telecommunications industry almost since its inception, and our attorneys have great breadth and depth in the legal, technical, regulatory, and transactional knowledge needed by our telecom clients.

We assist the telecom industry in all aspects of clients’ development, ongoing operations, and, when necessary, disputes. Hodgson Russ clients include international and domestic carriers, prepaid and rechargeable calling card distributors, site owners and managers, broadcasters, fiber-optic companies, cable companies, equipment manufacturers, and others in the telecom industry.

Litigation, Arbitration, and Enforcement Actions

We have deep experience representing telecom clients in dispute resolution, mediation, and arbitration. When litigation is unavoidable, we bring our clients an extensive successful background in litigating a wide variety of telecom cases in state and federal courts nationwide, both at both the trial and appellate levels, and with state and federal regulatory matters and enforcement proceedings, including Federal Communications Commission (FCC) proceedings.

State and federal court actions. We routinely represent our clients in federal and state court actions throughout the United States in various disputes, including class actions, involving international and domestic carriers, cellular phone companies, prepaid and rechargeable calling card companies, and other clients in the telecom industry.

Arbitrations and complaint proceedings. We have successfully represented numerous clients in domestic and international arbitration proceedings, including proceedings involving the AAA, JAMS, and the ICC.

Enforcement and compliance proceedings. We represent clients before the FCC, various state public service commissions, and the Federal Trade Commission on various issues, including advertising, disclosure, marketing practices, and more.

State and federal regulatory proceedings. We assist clients in obtaining various state and federal authorizations to provide domestic and international cable, wireless, and resale-based telecommunications services. We also assist domestic and foreign companies in obtaining common carrier service authorizations.

Corporate, Financial, and Real Estate Transactions

Hodgson Russ provides corporate, finance, securities, domestic and international tax, environmental, real estate, and regulatory services for telecom clients. Our firm has served as lead counsel to telecom companies in all phases of development and construction, including:

  • Compliance with environmental regulations, state and federal environmental review, and historic preservation
  • Contamination issues
  • Leasing
  • Municipal approval procedures, from zoning and obtaining building permits to complex multijurisdictional reviews of tower facilities
  • Obtaining title
  • Site selection
  • Zoning and land use

We also serve clients on issues arising after construction is complete, including:

  • Audits, from sales and use taxes to corporate income and franchise taxes
  • Corporate acquisitions, financing, due diligence, preparation of offering statements, and regular submissions
  • Drafting all necessary agreements, including carrier agreements
  • Multistate and international cross-border tax issues
  • Providing general corporate and business advice
  • Sales issues
  • Tax assessment challenges before administrative and judicial forums
  • Transaction structures to minimize tax liabilities while maximizing tax credits and other incentives

Carrier contracts. We negotiate and draft contracts, including bi-lateral interconnection agreements with domestic and international carriers.

Strategic advice. We offer our clients assistance in drafting and implementing strategic business plans to ensure that they make informed business decisions concerning relevant legal and regulatory issues and to help minimize areas of potential risk.

Internet and emerging growth companies. We represent various established and start-up companies with internet and e-commerce issues, including privacy, data, and intellectual property protection, cyber piracy, and intellectual property agreements.

International matters. Hodgson Russ advises a wide range of foreign and domestic companies on the U.S. legal aspects of international transactions, including companies and transactions involving India, Italy, France, and China.