Mobile Services

Over the last several years, enterprise use of mobile (i.e., wireless) services and devices has surged, and the variety and complexity of new offerings is growing exponentially.  At the same time, wireless providers are consolidating, diminishing competition and leading to practices such as parallel pricing.  Given the opacity and complexity of wireless plans and pricing, there is significant waste -- and a corresponding potential for substantial savings -- in enterprise wireless procurements. 

Contracting and Competitive Procurements

We draft and negotiate

  • enterprise wireless service and equipment agreements with the major domestic and foreign carriers
  • agreements between building owners or managers and equipment and service providers for in-building repeater or distributed antenna systems
  • agreements with aggregators and gateway providers for mobile advertising, mass notification solutions, and mobile content, and
  • agreements with wireless applications developers. 

We also assist clients in developing RFPs and RFIs for competitive wireless procurements, and we have counseled large and small entities seeking to purchase spectrum at FCC-sponsored auctions or seeking FCC approval of radio license assignments.

Given our experience negotiating wireless agreements with all the major mobile services vendors, and our professional relationships with many of their lawyers and business people, we are able to negotiate new agreements with all of them that incorporate significantly better terms and conditions than are normally available to enterprise customers. Among the concessions LB3 typically negotiates for large enterprise customers are: 

  • increased discounts and/or lower unit rates on services and equipment with free equipment upgrades, activation and other fee waivers, incentive payments to the contracting parent company (in addition to discounts), and waivers of termination fees
  • increased customer support, including vendor management of equipment returns and repairs, trial periods for service and equipment with unconditional no-questions-asked return policy, and dedicated account teams
  • streamlined, simplified commitments without hidden subcommitments, and with commitment reduction clauses, e.g., for reductions in force, business downturns, technology migration
  • regular rate optimization reviews, with the ability to migrate to more favorable rate plans without penalty
  • opportunities to trial new equipment and to participate in beta testing
  • free, or deeply subsidized, in-building systems to boost signals throughout customer premises,
  • and many others that the vendors don’t offer but will often agree to if asked.  Without these, a customer might as well be buying service off the street. 

Wireless Technology Legal and Regulatory Matters

Common ways in which our clients and other enterprises are using wireless services include:

  • issuing wireless devices to employees to use for voice, data, and SMS communication,
  • installing and operating Wi-Fi networks and Distributed Antenna Systems in their places of business to enhance voice and data services, including Internet access, for their employees and customers,
  • using location-based services to dispatch and direct mobile workers and fleet vehicles more efficiently,
  • deploying wireless point-of-sale payment card terminals,
  • leveraging instant messaging and mobile-device-based social media for targeted marketing campaigns,
  • using SMS and MMS technologies for promotional contests and polling, the best known example of which is the voting on American Idol,
  • extending the corporate LAN and VLAN to wireless devices and interconnecting those devices with the corporate IP PBX, and
  • pushing critical or time-sensitive “broadcast” or targeted messages to employees, customers via wireless services such as SMS and MMS.   

As exciting and promising as these applications are, they all raise legal and regulatory issues ranging from licensing to liens, privacy to PCI compliance, and taxation to tort liability, to name a few.  LB3 has counseled clients on the issues they must address when they deploy new wireless applications to improve efficiency, deliver better products and services to their customers, and gain a competitive edge over rivals.     

We have served both as FCC counsel to both large and small entities seeking to purchase spectrum at FCC-sponsored auctions and as regulatory counsel to clients that requiring FCC approval of the assignment of radio licenses as part of a corporate merger or acquisition.

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