Red Flags For HOA Cable & Internet AgreementsNovember 6, 2018
Why Do Service Providers Offer Compensation to HOAs?January 11, 2019
In recent years, "Fiber" has become the buzzword for cable and internet providers.
A fiber optic network provides faster service and increased capacity. We all demand fast internet and the networks must evolve to support our increasing demands. In general, "fiber overbuilds" are offered to communities willing to agree to long-term contracts with their service providers. Alternatively, Fiber may be used as a carrot to incentivize communities to switch providers. Here are a few concepts to keep in mind:
1) The deeper the fiber extends into your community, the better. Fiber to the Home (FTTH) is superior to Fiber to the Building (FTTB), which is superior to Fiber to the Curb (FTTC).
2) Fiber overbuilds take time and planning...new contracts, design plans, surveys, equipment, and coordination with the community.
3) Network upgrades are expensive. Service providers often require contractual protections if they are going to invest in your community. They will likely require your community to agree not to enter a bulk agreement with another provider for a certain period of time. Service providers need to ensure their fiber investment is financially sensible.
Because the team at CCG represents the interest of thousands of Homeowners Associations as well as REIT investment communities for their telecommunications services, we review telecommunication service provider contracts for Bulk Services, Rights of Easements, Marketing Agreements and Access Agreements from all service providers across the country on a daily basis. We enjoy sharing our experiences and informing our clients, potential clients as well as service providers of our views in the hopes that both the communities we represent, as well as the service providers that work hard to bid on them, can keep up to date and informed of the current issues.
The legal team at CCG provides the following for information purposes only and should not be considered legal advice.
Ryan McCarty serves as In-House Counsel for the Communications Consulting Group and is licensed to practice law in Florida, New Jersey, and Pennsylvania. He holds a law degree from Rutgers University and provides legal support for CCG and its clients during each phase of the telecommunications contracting process. He focuses his legal practice in the field of telecommunications and has extensive experience with bulk service contracts and right of entry agreements.