
By: Sean A. Stokes, Casey Lide & James Baller
The deployment of affordable broadband can be challenging, but broadband partnerships have emerged as a viable option in many parts of the country, and in some cases, they may be the only feasible option. Recognizing the potential of broadband partnerships, Congress and several states have sought to encourage their use to hasten broadband deployment, adoption, and use. This is evident in the Broadband Equity, Access and Deployment (“BEAD”) program provisions of the Infrastructure Investment and Jobs Act (“IIJA”), which allocates $42.5 billion to broadband funding and shows a preference for broadband partnerships.
One crucial element of many broadband partnerships is the creation of a network operating agreement (“NOA”) between the entity that funds or owns the network and the broadband provider who will build, maintain, and operate the network on a wholesale or retail basis. In this blog post, we outline ten critical issues that an NOA should address.
BACKGROUND
Broadband partnerships enable each participating party to leverage their unique capabilities to achieve the overarching goals of a broadband initiative. For example, local governments, municipal utilities, and electric cooperatives may have access to broadband funding or critical infrastructure, but they may not be inclined or allowed to provide commercial broadband services directly. On the other hand, commercial service providers have the expertise to manage, maintain, and operate a broadband network but may not want to invest the capital required to construct the network. A partnership between these entities can leverage each partner’s strengths and preferences…
Featured News
South Dakota Reaches Settlement With NCAA Ahead of Antitrust Payout Approval
Apr 23, 2025 by
CPI
Judge Allows Yelp’s Antitrust Lawsuit Against Google to Proceed
Apr 23, 2025 by
CPI
Meta Lawyers Try to Undercut Instagram Co-Founder’s Damaging Testimony
Apr 23, 2025 by
CPI
Tyson Foods, Others Settle Pork Price-Fixing Suit for $64 Million
Apr 23, 2025 by
CPI
NJ Sues RealPage, Landlords Over Rent Collusion
Apr 23, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Mergers in Digital Markets
Apr 21, 2025 by
CPI
Catching a Killer? Six “Genetic Markers” to Assess Nascent Competitor Acquisitions
Apr 21, 2025 by
John Taladay & Christine Ryu-Naya
Digital Decoded: Is There More Scope for Digital Mergers In 2025?
Apr 21, 2025 by
Colin Raftery, Michele Davis, Sarah Jensen & Martin Dickson
AI In the Mix – An Ever-Evolving Approach to Jurisdiction Over Digital Mergers in Europe
Apr 21, 2025 by
Ingrid Vandenborre & Ketevan Zukakishvili
Antitrust Enforcement Errors Due to a Failure to Understand Organizational Capabilities and Dynamic Competition
Apr 21, 2025 by
Magdalena Kuyterink & David J. Teece