MUNICIPAL COMMUNICATIONS

Moss & Barnett’s Municipal Communications group has represented several hundred public entities throughout the nation on communications matters. Our clients have ranged in size from large metropolitan areas such as Seattle, Washington, Norfolk, Virginia and Minneapolis, Minnesota, to small Midwestern communities such as Asbury, Iowa, Sullivan, Illinois and Beloit, Wisconsin.   

Our representation includes:

• Competitive cable franchising
• Franchise renewals
• Competitive overbuilds
• Right-of-way management
• Telecommunications planning
• Municipal broadband
• Wireless systems
• First amendment issues
• 800 MHz rebanding
• Cellular tower siting
• Leasing and zoning issues
• Transfers of ownership
• FCC filings
• Litigation
• Other cable related and telecommunications issues

Our experience has made us particularly sensitive and knowledgeable regarding the needs and interests of municipal governments and allows Moss & Barnett to provide efficient legal services in a cost-effective manner. At least four times each year, Moss & Barnett prepares a Municipal Communications Law Update to provide our clients current information about events in Congress, the FCC and recent court decisions that may impact the client’s role in regulating communications services. The wide range and depth of our experience enables us to integrate specific legal and regulatory projects into a client’s broader objectives. For example, we have represented:

• The Connecticut Department of Utility Control in 12 separate proceedings regarding renewal requests from franchised cable television providers in the State
• The City of Norfolk, Virginia, in renewal proceedings with Cox Communications to obtain significant funding for PEG and I-Net facilities
• A consortium of eight Silicon Valley communities in negotiations with Comcast to obtain a region-wide fiber network for municipal communications, as well as a model franchise for San Francisco Bay area communities
• The City of Virginia Beach, Virginia, in a mediated resolution of a Frequency Reconfiguration Agreement in the FCC mandated Sprint Nextel 800 MHz rebanding proceeding
• The City of Minneapolis in drafting the contract for its municipal wireless system covering 59 square miles of the City. The contract sets rates for a ten-year term and provides significant funding for related community benefits
• Several municipal utilities in negotiating pole attachment agreements with significantly increased attachment fees. We have also drafted conduit use agreements for these utilities to permit access by other communications companies
• The City of Sturgis, Kentucky, before the Eighth Circuit Court of Appeals. Sturgis was the first municipality in the country (and one of only three under the Cable Act) to successfully deny a cable operator’s request for cable television franchise renewal. Union CATV, Inc. v. City of Sturgis, Kentucky, 107 F.3d 434 (6th Cir. 1999)
• The Minnesota League of Cities and Minnesota Association of Community Telecommunication Administrators in filing comments to the FCC regarding the state franchising procedures and the importance of maintaining local franchising authority and right-of-way control
• A number of municipally owned cable systems in completing semi-annual copyright filings to the Copyright Royalty Tribunal, as well as FCC registration and CLI compliance filings
• More than 20 communities regarding competitive overbuilds resulting in communities served by two or more operators providing competitive cable and broadband services
• The City of Marshall, Minnesota, in proceedings before the State Court of Appeals regarding a challenge to the City’s award of a second cable franchise

Moss & Barnett is dedicated to keeping current on cable issues, and its attorneys regularly participate in seminars and programs of many organizations, including the National Association of Cable Television Officers and Advisors, the National League of Cities, the International Municipal Lawyers Association and various other organizations. Further, Moss & Barnett has participated in rule-making proceedings of the FCC, legislative drafting of reports regarding Congressional bills and other proceedings to ensure that municipal interests are protected.

In an effort to provide greater services to our clients, we are pleased provide our web site www.municipalcommunicationslaw.com, which offers a variety of information regarding communications issues facing municipalities. The web site includes recent editions of the Municipal Communications Law Update, copies of presentation papers on a variety of topics, as well as additional information regarding Moss & Barnett’s communications law staff and services.

Moss & Barnett has three attorneys actively practicing in municipal communications law. The firm also employs consultants who work in the industry both in the United States and abroad. In the event that additional consultants are needed, we regularly subcontract with engineers, technical consultants, PEG access and I-Net consultants and professional survey companies, who are extremely qualified and well respected in the industry.

Brian T. Grogan is a partner leading Moss & Barnett's representation of local units of government throughout the country on a variety of communications issues, including:

• Cable and telecommunications franchising
• Right-of-way management and ordinance drafting
• Municipal wireless communications
• Tower leasing
• Pole attachment negotiations
• Public safety communications
• Public utility commission and FCC proceedings
• Litigation

Brian is a frequent presenter at state and national conferences regarding communications law and is a member of the:

• American Bar Association (Forum Committee on Communications Law)
• National Association of Telecommunications Officers and Advisors
• International Municipal Lawyers Association (Contracts, Franchises and Technology Section)
• Past chair of the Communications Law Section of the Minnesota State Bar Association

Yuri B. Berndt is a partner practicing in the area of communications, tax and corporate law. Yuri is a Certified Public Accountant with prior experience at the McGladrey, Pullen accounting firm. He has been active in handling franchise fee compliance issues, financial qualifications, review of proposed transferees and related matters. Yuri is a member of the:

• American Bar Association
• Minnesota State Bar Association (Tax Section)
• Hennepin County Bar Association
• American Institute
• Minnesota Society of Certified Public Accountants

Timothy Gustin is a partner and represents entities on:

• Cable television franchise renewals
• Transfers of ownership
• Right-of-way regulation
• Wireless tower siting and zoning
• Various telecommunications issues

Tim is involved in the preparation of cable communication franchises, regulatory ordinances, resolutions, transfer reports and related documents. He is a member of the:

• American Bar Association
• Minnesota State Bar Association (Secretary of the Communications Law Section)

Terri L. Hammer is a paralegal in Moss & Barnett’s Municipal Communications group. Terri is extensively involved in transfer reviews, franchise renewal proceedings, competitive overbuilds and right-of-way matters. She tracks the status of regulatory proceedings for the department, including matters before state and federal regulatory commissions.

Terri also serves as the franchise administrator for a Twin Cities area cable commission serving over 55,000 subscribers. She assists in monitoring regulatory compliance by the cable operator, oversees the commission’s budget, processes subscriber complaints and related matters. In her capacity as administrator for the commission, she is a member of the National Association of Telecommunications Officers and Advisors, as well as the Minnesota Association of Cable Television Administrators.

Attorneys in this Area

Brian T. Grogan (Chair)

Yuri B. Berndt

Timothy L. Gustin