Ten Key Issues for Broadband Network Operating Agreements

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Broadband partnerships have emerged as an attractive option for deployment in many areas of the country. However, in order to be successful in developing a mutually beneficial Network Operating Agreement (NOA), the parties should keep the big-picture goals of the project in mind throughout the negotiations. A successful NOA will typically address the following ten core issues:

  1. Will the Network Operator Construct the Network and/or New Facilities?;
  2. What is the Relationship Between the Parties?;
  3. Will the Network Operator Obtain a Dark Fiber IRU or Lease?;
  4. Securing Right-of-Way and Pole Attachment Authorizations;
  5. Network Performance and Maintenance Requirements;
  6. Compensation and Revenue Sharing;
  7. Regulatory Compliance;
  8. Term; Dispute Resolution; Default; Termination;
  9. Insurance; Liability; Performance Bonds; and
  10. Force Majeure

Ten Key Issues for Broadband Network Operating Agreements