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Fiber optic telecommunications networks are no longer the exclusive province of the major telecommunications carriers. Incumbent telephone companies, competitive telecommunications carriers, utilities and municipalities have all contributed to the proliferation of fiber optic networks in recent years, while private users of telecommunications services, "enterprise customers," have simultaneously developed their own private fiber optic networks to serve their unique needs.
Fiber Optic Telecommunications Networks: Fiber Use Agreements enables attorneys and communications professionals--those that have networks to offer and those that need fiber capacity for the long or short term--to understand fiber optic communications networks and related agreements, and to negotiate and draft common clauses for these agreements. The book's commentary and model clauses provide theoretical and practical insights into all aspects of the emerging optical fiber environment:
- The principal classes of fiber agreements
- Offer and acceptance of fiber
- Maintenance of the fibers
- Sale of goods and lease of service approaches to fiber contracts
- Term and payment options
- Risk allocation
- Building access
- Assignment
- Collocation
- Insurance
- Dispute resolution
- Termination
- Representations and warranties
- Rights of way
The chapters of the book follow the pattern of a typical dark fiber agreement and related agreements. Because dark fiber agreements are as varied as the businesses of the companies utilizing them, however, every section is packed with alternate clauses and incisive commentary concerning the rationales for choices among contract clauses. Expert examination of subtle but significant differences in approach--the choice between an "indefeasible right of use" agreement and a dark fiber "lease," e.g.--clarifies the drafter's choices and promotes optimal outcomes.
The book is designed for easy access and application. Bold and italicized text, bracketed entries, and sequential alternatives illuminated by clear commentary equip the practitioner for immediate, confident drafting. And an electronic edition of the work allows rapid importation of text into the user's own agreements.
About the Author
James F. Booth, Esq., has worked in telecommunications for more than fifteen years. He presently provides consulting services to telecommunications carriers and to enterprise companies that manage their own telecommunications networks
Formerly he was the principal attorney for Qwest Communications International during the period of its construction of an 18,800 mile fiber optic network that spans the United States.
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