In the rapidly evolving fields of communications and energy services, the race is won by the swiftest and the best informed. That is why the depth of Moss & Barnett's Regulated Entities group helps to maximize our clients' business opportunities and to keep them abreast of the constant regulatory and legislative changes.
Our Regulated Entities group represents several innovative companies, associations and advocacy groups in several states, including:
Local exchange
Interexchange
Cable television
Wireless
Direct broadcast satellite and transport services
Electric and gas utilities
The entrepreneurial culture of communications and energy providers makes our attorneys' in-depth knowledge of these industries all the more essential. Clients value that depth of understanding and the consistent, one-on-one attention they receive.
Clients' confidence in Moss & Barnett is well placed. We are one of the very few law firms in the region with attorneys practicing full-time in communications and utility regulation. Our attorneys average 17 years in the field and often take leadership roles in developing and shaping state laws and rule making. In addition, they have been consistently involved in federal rule makings. Our attorneys' expertise and dedication to our clients' success make them the ideal counselors and advocates in a highly competitive arena.
We offer our communications and energy clients the following services:
Business
Structure and negotiation of contracts and joint ventures
Mergers, sales and acquisitions
Real estate, employment, tax and other business and operational needs
Regulation
Advocacy and evidentiary hearing before local, state (PUC) and federal agencies regarding rate setting, licensing and other matters
Negotiation of interconnection agreements under the Telecommunications Act
Arbitrations and appellate review
Rule-making at both state PUCs and the federal agencies
Analysis and application of state law and the Telecommunications Act
[03/10] Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co. In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.
[03/04] Pac. Bell Tel. Co. v. Cal. Pub. Utils. Comm. In a telecommunications company's appeal from (1) the district court's confirmation of an arbitral order affirming the California Public Utilities Commission's (CPUC) requirement that plaintiff lease entrance facilities to competitor local exchange carriers (LECs) at Total Element Long Run Incremental Cost (TELRIC) rates for the purpose of interconnection; and (2) the district court's order vacating the arbitrator's affirmance of CPUC's conclusion that 47 C.F.R. section 51.319(e)(2)(ii)(B) applied only on routes where competitive LECs were not "impaired" as to DS3 transport circuits, the orders are affirmed where: 1) FCC regulations authorized state public utilities commissions to order incumbent LECs to lease entrance facilities to competitive LECs at regulated rates for the purpose of interconnection; and 2) the plain language of the governing regulation, 47 C.F.R. section 51.319(e (2)(ii)(B), limited a competitive LEC to a maximum of ten DS1 circuits along any route regardless of whether the competitive LEC was impaired as to DS3 lines.
