Ten Key Issues for Broadband Network Operating Agreements

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