Reported and Representative Cases

• The Miami Valley Communications Council (MVCC) was recognized as one of eleven “Smart 50 Award” winners for 2020 for its Gateway Fiber Project. This award is given in partnership by Smart Cities Connect, Smart Cities Connect Foundation and US Ignite to recognize and honor the 50 most transformative, innovative and influential “Smart City” projects from several countries around the globe. In addition to our MVCC representation, each of its member cities (Centerville, Kettering, Miamisburg, Moraine, Oakwood, Springboro and West Carrollton, Ohio) are, or previously have been, clients of the Firm.
• Represented hybrid fiber-wireless broadband provider, Agile Network Builders, LLC (“Agile”), in its acquisition by InSite Wireless Group, LLC (“Insite”). Agile will continue operating as a division of InSite, which is based in Alexandria, Virginia. Prior to the acquisition, Ice Miller had been representing Agile since 2010 in various legal and consulting capacities. Agile had previously been awarded a contract to upgrade the Multi-Agency Radio Communications (MARCS) network in Ohio, which powers state emergency radio communications. The organization also contracts with state and local governments, and private providers, to expand broadband coverage in difficult to serve regions.
• Represented an Internet, Data and VOIP communications company, which owns and operates data centers, in its appeal of a significant use tax assessment relating to telecommunications services. The Department of Taxation assessed use taxes on the client’s provision of efficient internet routes for customers on the grounds that the client’s selection of the pathways added new value and security to the pathways the client purchased from providers. The assessment was retrospective but also created risk of future, ongoing use tax assessments.  We were able to resolve the assessment in the client’s favor through appeal to the Ohio Board of Tax Appeal. 
   

Representative Transactions

• Represents the Ohio Department of Transportation (ODOT) in the development of its 33 Smart Corridor, which is slated to be the longest connected/ autonomous vehicle testing corridor in the world.
• Represented ODOT against a claim that it unlawfully terminated multiple contracts with a company managing third-party lease agreements for the use of macro and small cell towers on state-owned rights-of-way. The high-stakes, multi-million dollar case resulted in victories at both the trial and appellate level and ultimately in a favorable settlement for ODOT.
• Represented 50 communities in litigation of Ohio Senate Bill 331, which prevented cities from restricting small cell infrastructure placement in local rights-of-way, and was found to be unconstitutionally enacted by the Franklin County Court of Common Pleas. We then negotiated a new, better Bill for the same municipalities.
• Represented the City of Columbus in all proceedings regarding deregulation of the telephone industry before the Public Utilities Commission of Ohio.
• Represented the City of Dublin in the development and drafting of the "Dublink" municipally owned fiber/conduit and Wi-Fi system.
• Represented the Ohio Board of Regents and the Ohio Super Computer Center in the development and implementation of the OSCnet, the largest state owned fiber network in the country.
• Represented the Ohio Academic Resource Network (OARnet) in the development and implementation of its fiber optic network, the second largest state-owned fiber network in the country.
• Represents municipalities with their Requests for Information (RFI) and negotiates the creation and construction of fiber optic systems: Cities of New Albany, Gahanna and Dublin.
• Represented the Ohio Board of Development in the drafting of the Ohio Broadband Policy.
• Represented the City of Columbus in drafting of the formal telecommunications policy for the City.
• Represented the City of Dublin in drafting agreements and negotiating transactions associated with the maintenance and sale of fibers for the City's municipally owned fiber/conduit Wi-Fi system, Dublink.