PL Radio - The Phillips Lytle Podcast

In this episode of PL Radio, Phillips Lytle attorney Barlow Keener and Ookla Vice President of Government Affairs Bryan Darr discuss the challenges that exist in providing cell phone and broadband connectivity across rural areas of the United States. Their conversation covers the planning, execution and economics of bringing coverage to underserved areas in addition to the programs already in place that can provide solutions to those gaps in coverage. Barlow and Bryan break down the methods for deploying coverage that are in use today - such as Starlink and direct to device (D2D) - and the additional technologies that can bring connectivity to rural areas across the U.S.

On this episode of PL Radio, Phillips Lytle Special Counsel Barlow Keener is joined by Marc Powell, Managing Director of Alvarez and Marsal, for a discussion on Broadband Equity Access and Deployment Program (BEAD) implementation in the U.S. Barlow has over two decades of experience in digital infrastructure, transactional and regulatory work. Barlow and Marc delve into how the $21 billion in BEAD funds will be allocated and into some key components of the upcoming BEAD implementation for municipalities and providers. Their discussion covers the challenges that fiber to the home (FTTH) and fixed wireless access (FWA) providers may face, compliance issues and the other factors that lie ahead. The episode explores the challenges of BEAD compliance, financing and deployment while addressing other key issues that relate to the NTIA and oversight from State Broadband Offices. Marc lends his unique expertise and point of view to this conversation about BEAD funding and deployment in the U.S.

 

Marc specializes in infrastructure planning, financing, procurement and deployment of large projects in the public sector. His experience includes work on helping FTTH and FWA broadband providers plan and deploy their networks, and manage inventory, maintain financial sustainability with the receipt of BEAD funds, state and federal compliance, and construction scheduling. Marc has worked for broadband projects including the Texas Broadband Office HB5 and ARPA CPF program development, the Arizona Broadband Office (ACA) BEAD and DEA plan; procurement, the Missouri ARPA-CPF grant execution approach, the Mississippi ARPA-CPF and BEAD plan, the Puerto Rico State Funded broadband grant plan, the Montana Broadband office compliance and reporting plan, South Carolina broadband office, the Pennsylvania IIJA funding opportunity assessment, and Infrastructure Ontario Canada broadband office.  In addition to broadband, Marc’s infrastructure projects include the Dulles Greenway, the Pochahontas Parkway, the Port of Los Angeles, Eurostar, and Heathrow Airport.

 

Barlow’s expertise encompasses data centers, fiber networks, cell towers, wireless spectrum, and satellite matters. He boasts deep industry knowledge and has served as general counsel for a media company, in-house counsel for a telecommunications provider, and co-founder of an internet service provider startup.

Phillips Lytle attorneys Joe Heins and Allen Major team up to discuss good guy guarantees and how they can affect commercial leases. Joe and Allen provide insights into the benefits and drawbacks of including a good guy guarantee in a commercial lease and how they can serve both parties in a deal. 

Take a crash course with Phillips Lytle attorney Joe Heins as he offers an in-depth explanation of triple net leases and how they factor into real estate lease agreements. What is a triple net lease? How do Landlord and Tenant perspectives on triple net leases differ? What are the landmines in triple net leases that have the potential to sink your next deal?  Join us and find out!

Retail leases can be extremely particular in the various parameters that a landlord puts on Tenant operations in their own leased premises.  Unlike other types of leases, how and when a tenant operates in a retail context can have a huge impact on the economics of the deal.  In this episode, Phillips Lytle attorney Joe Heins explains many of those impacts and provides insight on how parties can use their lease to avoid pitfalls in the future.

Join Phillips Lytle attorney Joe Heins as he provides a valuable breakdown on how retail lease provisions concerning percentage rent and gross sales kickouts can play a significant role in your next deal.  Retail leases are unique in that Tenant sales provisions can play an outsized role in not only the initial lease document, but also throughout the entire lease term.  Both retail tenants and landlords must be aware of the opportunities and challenges that result from these clauses, so this episode is a must listen!

Retail leases often contain specific provisions that restrict how the Tenant and Landlord can use their respective spaces - namely, exclusive use provisions and radius restrictions. This episode explores some of the key considerations both parties need to think about when negotiating exclusives, and provides tips on how to strike the balance between getting the deal done now and protecting yourself in the future. Phillips Lytle attorney Joe Heins also dives into the world of radius restrictions, offering background and insights as to how they can not only benefit a tenant, but a landlord as well.

 

The business of commercial real estate is complex and ever-evolving, and the CRE legal industry is no different. Phillips Lytle Special Counsel Joe Heins brings his legal and business expertise to this informative podcast series breaking down the many legal issues that impact the world of commercial real estate. Whether you're a developer looking to structure your next project, a landlord navigating a complicated lease agreement or a business owner who needs to better understand the legal process to close your next deal, the CRE Legal Minute podcast will be your go-to resource for key insights into the world of commercial real estate with an eye on getting deals done.