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


Tuesday, February 23, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 29, 2021

or call 1-800-926-7926

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.

Description

Enterprises typically acquire wireline and wireless services and wireline services under separate procurements and agreements, creating ongoing challenges for counsel negotiating telecom services contracts. New wireless technology and infrastructure, moreover, now provides incentives for businesses to install their own Wi-Fi access, Distributed Antenna Systems, and other infrastructure (e.g., fiber builds). In-house counsel and technology attorneys must be aware of deal points when sourcing telecommunications services and infrastructure, as well as understanding how to negotiate contract terms effectively.

Well drafted telecom services agreements address rates and terms, upgrade paths, termination rights, service levels, billing, security, liability issues, and more. Business and technology counsel must understand current trends and common challenges in negotiating terms to provide useful guidance to their clients. The panel will highlight best practices for sourcing strategies.

Listen as our panel, experienced in negotiating and drafting telecom services wireless and fiber infrastructure agreements. outlines recommended best practices. The panel will examine provisions commonly included in the agreements, how to address emerging technologies (e.g., 5-G) and potential legal pitfalls facing businesses engaged in contract negotiations.

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Outline

  1. Part 1: “Traditional” Enterprise Wireline Service Agreements.
    1. Basics of enterprise telecom services procurements
    2. The business deal
    3. Document Control: Carrier supplied form agreements; Website Policies (AUP, Privacy) incorporated by reference
    4. Tariffs v. Commercial terms and conditions
      1. Privacy
    5. Price Protection and Performance Assurance.
  2. Part 2: Wireless Infrastructure Agreements
    1. DAS Contracts: Deal Points
    2. “Neutral Host” v. Vendor Managed
    3. Use Restrictions – Upgrade Management – Interference protection
    4. Service level agreements - “5-G” Metrics / Testing)
    5. Premises access rights: license v. property right
  3. Part 3 Fiber Agreements:
    1. “IRUs”:
    2. Dark v. Lit Fiber
    3. Gig Ethernet; Capacity purchase (“Wave IRU”)
    4. Occupancy Rights
    5. Separation of Maintenance Agreement from IRU Grant
    6. Bankruptcy Considerations (Windstream v. Aurelius)
    7. IRU Buildout: Financing consideration
    8. 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

Jarrett, Douglas
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

Klatt, Kenneth
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

Kouroupas, Paul
Paul Kouroupas

Of Counsel
Sapronov & Associates

For over twenty years, Mr. Kouroupas has represented a variety of companies in telecommunications, energy and...  |  Read More

Sapronov, Walt
Walt Sapronov

Principal
Sapronov & Associates

Mr. Sapronov has represented clients in telecom transactions since the early 1980′s. His experience includes...  |  Read More

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