Peter Orne Wireless Government Subscribe to Newsletter Tell a Friend Print this Page 03/29/2007 A Wireless Task List for the Legal Department Planning and implementing a metro-scale broadband-wireless infrastructure brings with it a broad set of challenges, from community momentum-building to technology choice, provisioning of vertical assets, acquiring funding, doing proof-of-concept, and rolling out the network. No one wants the plan to grind to halt because a legal process wasn’t begun sooner, or because a contract failed to cover this or that. An early leader in municipal Wi-Fi implementation, the City of Tempe, Arizona, was also one of the first municipalities to confront the Wi-Fi legal landscape. At the W2i Digital Cities Convention in Tempe (Feb. 13–14, 2007), Jenae Naumann, Assistant City Attorney talked about “The Legal Side to Successfully Getting Wi-Fi,” and provided this outline for local-government stakeholders — the beginnings of a task list to take to the legal department at the start of a plan. The Issues Goals – What Exactly is Needed and Where Should it be Offered? Finances – How Much Money Can Be Invested? In-Kind Contributions – What Can/Should be Part of the Deal? ROI – A Win/Win Goal for Both Vendor and the Local Government Getting Everyone On Board – How to Actually Make It Happen Legal Practice Pointers Know Your Client’s Leverage Understand the Vendor’s Business Issues Draft for Flexibility Plan for Change Traps/Pitfalls Access Points/ROW and Public Property Backhaul/Other Parties Topography Local Contractor and Subcontractor Issues Electricity Assignment/Transfer/Merger Public Perception/Customer Service Expectations Failure/Abandonment/Bankruptcy Termination/Cancellation Consequences The RFP Process Procuring Technology – How It Differs From Buying a Desk . . . License Agreement Essential Terms Legal RFP terms vs. License Agreement final terms Type of license Duration Cancellation Renewal Zoning issues Plan Approvals/Permits Private Property Placement Insurance/Liability Safety Indemnification Bond/Security Fund Requirements Applicable Laws Public Emergency Taxes Receivership and Foreclosure Business Local Agent Warranty/Continuity of Service Customer Service Standards Advertising Revenue/Restrictions? Transfer/Assignment Relocation Abandonment Most Favored Nation Rent for ROW/Public Property Subcontractors Records Notices Technical Radio Placement and Locations Electronic Mapping Backhaul Power Source Non-interference Schedule Jenae Naumann is currently the chair of the E-Commerce and Technology Section of the State Bar of Arizona, and a Division Council Member of the American Bar Association’s Government and Public Sector Lawyer’s Division. She can be reached at jenae_naumann@tempe.gov . back Related Items: • Mesa, Arizona • Tempe '07 Comments No records were found. Post new comment: Only registered users can add comments. Please Log-in

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