Negotiating Enterprise Telecommunications Agreements: Wireline, Mobile, Fiber and Carrier-Provided Services
Drafting and negotiating deal points, Revising Acceptable Use, Network Security, and Privacy Policies; Fixed Rate Pricing; Minimum Commitments
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will advise counsel drafting enterprise telecommunications services agreements to meet company-wide telecommunications requirements including “traditional” wireline services, emerging mobile services and infrastructure (Wi-Fi-, Distributed Antenna Systems (DAS), 5-G), Internet access and fiber connectivity (IRUs). The panel will provide best practices on negotiating deals with major carriers and other suppliers for domestic services, cross-border connections, and new platforms (such as DAS) for supporting mobile communications within the enterprise and while roaming in the U.S. and abroad.
Outline
- Part 1: “Traditional” Enterprise Wireline Service Agreements.
- Basics of enterprise telecom services procurements
- The business deal
- Document Control: Carrier supplied form agreements; Website Policies (AUP, Privacy) incorporated by reference
- Tariffs v. Commercial terms and conditions
- Privacy
- Price Protection and Performance Assurance.
- Part 2: Wireless Infrastructure Agreements
- DAS Contracts: Deal Points
- “Neutral Host” v. Vendor Managed
- Use Restrictions – Upgrade Management – Interference protection
- Service level agreements - “5-G” Metrics / Testing)
- Premises access rights: license v. property right
- Part 3 Fiber Agreements:
- “IRUs”:
- Dark v. Lit Fiber
- Gig Ethernet; Capacity purchase (“Wave IRU”)
- Occupancy Rights
- Separation of Maintenance Agreement from IRU Grant
- Bankruptcy Considerations (Windstream v. Aurelius)
- IRU Buildout: Financing consideration
- Terms and conditions
Benefits
The panel will review these and other key issues:
- What are some of the distinguishing deal points that one encounters in negotiating enterprise contracts for wireline, wireless, broadband internet fiber (dark and lit), - including DAS implementation, Wi-Fi offload, building access?
- Tariff consideration: what is the “filed rate doctrine” and how does it apply?
- What are the benefits of a request for proposal? What is the proper role of consultants?
- What are the typical contract documents, and how do customers address service providers' online terms and conditions?
- How to manage multiple carriers using a “Vendor Neutral” DAS platform
- Dealing with distressed carriers? What happens if carrier becomes insolvent?
- Risk Management: cyber-attacks; data breach; privacy violations
- What happens when deals break down?
- Arbitration vs. Litigation vs. Mediation? Choice of law, forum?
- Informal Dispute Resolution and Problem Escalation? What remedies actually work?
- Deal protection during pending disputes, litigation?
Faculty
C. Douglas Jarrett
Senior Counsel
Keller and Heckman
Mr. Jarrett focuses his practice on telecommunications law, policy and procurement matters. He represents enterprises... | Read More
Mr. Jarrett focuses his practice on telecommunications law, policy and procurement matters. He represents enterprises in negotiating telecommunications services agreements with the major wireline and wireless carriers, domestically and globally, and represents technology companies in securing amendments to the FCC rules to enable the licensing and marketing of innovative wireless technologies. He advises enterprises on M2M services, cloud computing and IVR technology procurements. He also represents specialized services providers, fiber network operators and tower companies on regulatory and transactional matters.
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Kenneth A. (Ken) Klatt
Of Counsel
Sapronov & Associates
Mr. Klatt is former Assistant General Counsel at Delta Air Lines. He has a broad background in commercial transactions,... | Read More
Mr. Klatt is former Assistant General Counsel at Delta Air Lines. He has a broad background in commercial transactions, including IT, telecommunications and wireless. Mr. Klatt has negotiated numerous enterprise sourcing agreements, ranging from custom tariff agreements to outsourcing agreements with major carriers and other vendors. He is a past Chair of the Technology Section of the Georgia State Bar.
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Paul Kouroupas
Of Counsel
Sapronov & Associates
For over twenty years, Mr. Kouroupas has represented a variety of companies in telecommunications, energy and... | Read More
For over twenty years, Mr. Kouroupas has represented a variety of companies in telecommunications, energy and transportation before local, state, federal, and international regulators. He has successfully prosecuted hundreds of state, federal, and international regulatory proceedings with a direct impact on corporate financial and operational performance, served as an expert witness in over 30 state regulatory proceedings, testified before numerous state legislatures, and spoken at industry conferences around the world.
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Walt Sapronov
Principal
Sapronov & Associates
Mr. Sapronov has represented clients in telecom transactions since the early 1980′s. His experience includes... | Read More
Mr. Sapronov has represented clients in telecom transactions since the early 1980′s. His experience includes telecommunications contract negotiations with every major carrier in the U.S., and with many abroad. Among many other transactions, he has negotiated global telecommunications sourcing, wireless infrastructure, fiber buildouts, colocation, data center, satellite, and distributed antenna systems (DAS) agreements. He is a frequent speaker, and has published numerous articles and two books, all on various subjects in telecommunications law.
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