In its efforts to meet consumer demand for better products and faster service, the telecommunications industry has been building networks across the country at a rapid pace. These telecommunications networks and the products they support have transformed the way we live and work.  They have also created new challenges and opportunities for local governments. Municipalities are often confronted with requests to install wires and other telecommunications equipment in the public right-of-way, and the telecommunications companies demand immediate attention and quick approvals from municipal governing bodies.

Unfortunately, most local governments have not developed standards or a process for responding to telecommunications companies, and, therefore, often find themselves unprepared to respond to these requests. Local governments have the legal authority to maintain and control their rights-of-way.  By enacting an effective right-of-way ordinance (and, in certain cases, negotiating effective right-of-way agreements), they can respond quickly to installation requests, better manage the public rights-of-way and obtain compensation from telecommunications companies for their use of the rights-of-way.

The Cohen Law Group has extensive experience in developing and implementing right-of-way management tools for local governments.  These tools may include a permitting process, critical safety standards, legal protections for the local government, compensation for the use of the rights-of-way, and penalties for non-compliance.  In most jurisdictions, compensation must relate directly to the local government’s actual costs in managing the rights-of-way.  Consequently, the Cohen Law Group has developed a process for ascertaining both direct and indirect costs in order to generate a defensible fee structure.

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