The Legal 500 EMEA
Listed as a recommended firm for technology, media & telecommunications (TMT) in the 2009 edition of The Legal 500 Europe, Middle East & Africa.
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Acuerdos sobre Fibra Óptica y IRU
Squire Sanders’ communications lawyers have extensive experience in projects involving fiber optic capacity, dark fiber and indefeasible rights of use (IRU) agreements. Work in this area includes assistance from our corporate, tax and real estate practices. Clients we have assisted with IRU issues include US and international telecommunications carriers, government-owned carriers and private companies and utilities that construct fiber optic networks often using their existing rights-of-way. Our services include: - Assisting clients in drafting and reviewing agreements involving IRUs in fiber optic networks and associated facilities for private and public networks.
- Negotiating and drafting agreements to transfer and assign 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 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 tax 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.
- Providing clients with analysis of the evolving bankruptcy and insolvency issues that are associated with IRU agreements including questions regarding a creditor’s ability to unilaterally disclaim and terminate an IRU agreement.
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