Monetizing and Utilizing Wireless Frequencies with Gary Pennington

Gary C. Pennington has enjoyed a varied and diversified practice, including the deployment of wireless infrastructure and technology; commercial real estate transactions; zoning and land use planning; drafting zoning ordinances related to wireless infrastructure; in-building connectivity agreements; utility and fiber agreements; broadband deployment; software agreements for technology companies; and telecom agreements for the delivery of telecom services.

Pennington Law Firm, LLC was founded in Columbia, SC in 1995, and after downsizing, relocated to Beaufort, SC in 2019.

The Firm is looking to grow a local practice focused around commercial real estate transactions.

The following is a summary of some of the highlights of Mr. Pennington's legal experience.

Commercial Real Estate Experience. The Firm has extensive experience in both large and small commercial real estate transactions, including the lease, sale, or purchase of commercial real estate in multiple industries. This practice area also includes the acquisition and disposition of large portfolios of real estate and assets.

DAS. Mr. Pennington is an industry leader and concentrates a large portion of his practice on transactions related to neutral host multi-carrier in building systems, commonly referred to as Distributed Antenna Systems or "DAS." Most of the DAS transactions are complex and involve large enterprise venues like NFL stadiums, MLB stadiums, NBA Arenas, college stadiums and campuses, hospital campuses, large hotels and resorts, and large Class A office buildings in large metropolitan areas.

Representation of Multiple Stakeholders. Mr. Pennington has represented multiple industry participants, including wireless communications carriers, tower companies, both large and small, wireless infrastructure providers, municipalities, fiber companies, and electric utility companies.

Each of these entities plays a combined role in the deployment of broadband and the technologies of tomorrow.

Wide Range of Wireless Experience. Mr. Pennington has a wide range of experience in the wireless communications industry that covers every facet of the industry, including, but not limited to, (i) transactional work for the deployment of wireless technology across a wide geographical area on a large scale on an expedited basis; (ii) extensive land use planning and zoning experience for the deployment of both new wireless technology such as new communications towers, but also for the deployment of advanced wireless technology as it evolves such as small cells and in-building connectivity; and (iii) legislative experience regarding drafting or participating in the drafting of the municipal, county, and state statutes, ordinances, rules and regulations, and laws that govern the deployment of wireless technology.

National Practice. Mr. Pennington has a multi-state practice representing wireless related entities for the deployment of wireless infrastructure and technology. Some of the Firm's larger transactions have touched every state with the acquisition of more extensive tower portfolios, as well as the disposition of wireless assets.

Utility/Pole Attachment Experience. Mr. Pennington has knowledge and experience with the Pole Attachment Act and the rules and regulations as they relate to the deployment of fiber and wireless communications technology on existing and new utility poles and similar structures. Mr. Pennington has negotiated pole attachment agreements on behalf of utility companies and wireless communications companies. Mr. Pennington has been very involved in assisting clients in deploying fiber and small cell technology in the public rights-of-way at a state, county, and municipal level. Mr. Pennington worked with the Municipal Association of South Carolina and other industry participants to develop a model ordinance for the deployment of small cells in the public rights-of-way.

Wireless Carrier Experience. Representation of wireless carriers regarding the deployment of all types of wireless technology and the replacement of wireless technology for approximately twenty-five (25) years.
Tower Company Experience. Mr. Pennington has represented both national and small tower companies deploying new communications towers.

Fiber Company Experience. Mr. Pennington has also represented fiber companies in the deployment of fiber technology and small cell technologies in the public rights of way.

Electrical Utilities Experience. Mr. Pennington has represented electrical utility companies in South Carolina on a wide range of issues including condemnation, property acquisitions and dispositions, and land use matters for the installation of new rights of way, substations, and other utility installations.

Zoning Experience. Mr. Pennington has completed hundreds of zoning applications and represented both wireless communications companies, tower companies, and other infrastructure providers at zoning hearings in North and South Carolina for the approval of new communications sites and the modification of existing communications sites.

Legislative Experience. Mr. Pennington has helped draft and coordinate state legislation for the wireless communications industry.

Drafting Zoning Ordinances Experience. Mr. Pennington has drafted or negotiated changes to many county and municipal zoning ordinances as they relate to the deployment of wireless
communications technology. He started doing this in the late '90s and has continued to do so as technology changes have dictated further amendments or complete revisions to these ordinances. Most recently, Mr. Pennington has also assisted municipalities in South Carolina with updating their existing ordinances related to the deployment of wireless infrastructure and technology.

Technology Companies. Mr. Pennington has negotiated agreements on behalf of technology companies for the sale and licensing of their software and hardware products to both resellers and end-users. Also, he has negotiated multiple master agreements between telecom companies and end-user agreements for telecom companies for the delivery of various types of sophisticated telecom services.

Active in Industry Conferences. Mr. Pennington attends many industry-related conferences, including the AGL, the HetNet Forum, the Wireless Infrastructure Association, Connect X, and the DAS Congress each year as a means of staying informed of industry trends.

Gary C. Pennington
PENNINGTON LAW FIRM, LLC
803.929.1070 Office
803.306.3820 Mobile
garypennington@pennlawfirm.com
www.pennlawfirm.com