Authored Articles & Publications Feb 24, 2023
Karish Published in American City & County: Public Works & Utilities
Local Government Telecom Policy Checklist for 2023
At a Glance
Gail represents public agencies in a wide range of telecommunications matters.
She helps clients with matters involving broadband and fiber networks, cable and telecom franchising, wireless communications and public-private partnerships.
Gail was named a Woman Worth Watching by the Profiles in Diversity Journal.
Gail A. Karish is a partner at Best Best & Krieger LLP who focuses on telecommunications, assisting clients in California and across the U.S. with a wide range of regulatory and transactional matters involving broadband and fiber networks, cable and telecom franchising, wireless communications and public-private partnerships.
Gail’s clients are mainly public agencies, such as local governments, water districts and municipal utilities. Public agencies can serve a variety of roles in relation to telecommunications infrastructure – regulator, owner, service provider, customer, partner – and Gail’s clients come to her for advice and guidance on issues that arise in all these contexts. She also represents some cooperatives, nonprofits and small competitive providers. Gail’s telecommunications practice regularly involves:
Regulatory Advice and Advocacy
- Advice on compliance with federal and state wireless siting laws, shot clocks and other regulations affecting individual permit applications
- Revision of local codes, applications and processes governing wireless facilities siting and right of way permitting
- Assistance in broadband planning, and in revising master plans, local ordinances and regulatory processes to encourage broadband deployment
- Advice on compliance with federal and state cable and telecom franchising laws, including those applicable to competitive franchising, renewals and transfers
- Assistance with meeting state and federal regulations and reporting requirements applicable to providers of broadband, cable, voice over IP and other communications services, and related filings
- Representation before the FCC and state utility commissions, such as the California Public Utility Commission, on proposed rulemakings, licensing and regulatory approvals, and pole attachment disputes
Negotiations and Drafting Agreements
- Cable and telecom franchises, renewals and transfer agreements
- Fiber network indefeasible right of use, or IRUs, fiber leases, pole attachment, property access, encroachment and collocation agreements
- Macro cell site, small cell and distributed antenna system leases and licenses
- Communications services subscriber agreements, wholesale/bulk services agreements, and related policies (e.g., privacy, acceptable use, network management)
- Evaluating, structuring and implementing opportunities for public-private partnerships
- Advanced Metering Infrastructure, or AMI, and Smart City infrastructure agreements
Prior to her private practice, Gail worked in-house at a Miami-based long distance telecommunications carrier that was a subsidiary of Entel-Chile, where she was responsible for state and federal licensing and regulatory compliance matters, and corporate and commercial contracts associated with the company’s launch of retail and wholesale telecommunications and Internet services serving the U.S. Hispanic market.
Gail started her legal career in infrastructure in Canada at Ontario Hydro, a large government-owned electric utility where she initially represented the utility at environmental and rate tribunals. She then assisted the utility’s international division to develop and implement an investment strategy, focused on privatization opportunities in Latin America, and was instrumental in the company’s 1994 acquisition and management of a Peruvian electric utility.
Gail frequently presents on telecommunications topics to organizations such as the International Municipal Lawyers Association, National Association of Telecommunications Officers and Advisors and its regional chapters, League of California Cities and Alliance for Community Media. She was licensed but is now inactive in the Province of Ontario, Canada.
Gail’s services are provided through Karish Advisory Corp., a Canadian corporation.
Education
- York University, LL.M.
- McGill University, LL.B. and B.C.L.
- American University, M.I.S.
- University of Manitoba, B.A.
Admissions
- California
- District of Columbia
Awards
- Profiles in Diversity Journal, Women Worth Watching, 2015
- National Association of Telecommunications Officers & Advisors Ovation Award, 2013
Memberships
- Federal Communications Bar Association
- International Municipal Lawyers Association
- National Association of Telecommunications Officers & Advisors
- Washington State Association of Telecommunications Officers & Advisors
Authored Articles & Publications Apr 11, 2022
FCC Cable Franchising: In-kind and Mixed Use Rules
PublicCEO Article Addresses Current Rules and What Happens Next
Legal Alerts Feb 24, 2022
In With the New – Part Five
BB&K's New Law Guidance for a Happy New Year
Legal Alerts Oct 11, 2021
California Small Cell Bill Vetoed, But Deemed Granted Remedy for Small Cell Applications Signed Into Law
Key Takeaways From Governor’s SB 556 and AB 537 Actions
Legal Alerts Sep 03, 2021
California’s New $6 Billion Broadband Program: How Can It Assist Your Community?
Localities Should Take Advantage of Grant Programs Before Application Deadlines Close
Legal Alerts Jul 14, 2021
Sixth Circuit Cable Order Challenged by City Coalitions
Franchise Requirements Should Not be Treated as Franchise Fees and Cable Operators Can be Charged Fees on Non-Cable Services, Cities Argue
Legal Alerts Apr 12, 2021
AB 537 Creates a “Deemed Granted” Remedy for all Wireless Applications, Including Small Cells
Assembly Local Government Committee Hearing Set for Wednesday, April 14
Legal Alerts Apr 08, 2021
California Small Cell Bill to Severely Limit Local Government Control of Street Lights and Traffic Signal Poles
Oppose SB 556: Hearing Set for April 19
Legal Alerts Nov 17, 2020
Cell Site Landlords: Expect Increase in Requests to Install Generators
Don’t Surrender Your Property Rights
Legal Alerts Oct 13, 2020
New Macro Cell Tower Emergency Generator Law in California
Cities and Counties Must be Ready for Jan. 1 Effective Date
Legal Alerts Aug 17, 2020
5G Infrastructure Decision Mixed for Local Governments
Ninth Circuit Takes on FCC Small Cell Orders
Legal Alerts Jun 22, 2020
FCC Adopts Rules that Could Impact Concealment of Wireless Infrastructure
How Communities Can Respond
Legal Alerts Jan 13, 2020
New Environmental and Telecommunications Laws
Part 3: California Laws Impacting Public Agencies for 2020
Legal Alerts Dec 13, 2019
FCC Takes Action on Wireless RF Emissions Standards
Will this Quell Public Concerns About the Safety of 5G Deployments?
Legal Alerts Apr 04, 2019
Ordinance Regulating Aesthetics of Wireless in Public Rights of Way OK’d by California Supreme Court
Decision in T-Mobile West LLC v. City and County of San Francisco a Victory for Local Government
Legal Alerts Jan 14, 2019
New FCC Shot Clocks and Other Rules Preempting Local Authority Over Wireless Take Effect Today
Federal Shutdown Does Not Delay Implementation
Legal Alerts Jan 09, 2019
New Year, New Laws Impacting Public Agencies in California – Part I
2019 Brings Changes to Election, Revenue, Conflict of Interest, Property and Public Safety Laws… and More
Authored Articles & Publications Jan 30, 2018
Local Government Reaction is Swift to FCC’s Wireless Regulation Actions
By Joseph Van Eaton, Gerard Lavery Lederer and Gail A. Karish
Legal Alerts Jan 30, 2018
Red Flags on Wireless: A Recent Resignation Signals Industry-Weighted Regulations Ahead
Local Governments Should Speak Up Now for Local Control
Legal Alerts Oct 16, 2017
SB 649 Small Cell Bill Vetoed by California Governor
Victory for Local Governments
Legal Alerts Sep 19, 2017
SB 649 Barely Passes Out of California Legislature
Governor has Until Oct. 15 to Veto Controversial Small Cell Bill
Legal Alerts Jun 12, 2017
UPDATE: Real Fight Begins Over SB 649 in California Assembly
Small Cell Bill Curtails Local Discretionary Review and Rates
Legal Alerts May 25, 2017
NO DEAL! SB 649 Passed Out of Appropriations Committee Without Amendment
This Small Cell Bill Curtails Local Discretionary Review and Rates
Legal Alerts Apr 19, 2017
CPUC Rulemaking Opens Door to Revisit Impacts of Wireless in Public Rights of Way
Local Governments Should Respond by May 3
Legal Alerts Apr 18, 2017
California Small Cell Bill Curtails Local Discretionary Review and Rates
Local Governments Need to Voice Their Concerns Before April 26 Hearing
Legal Alerts Feb 19, 2016
FCC Opens Door to New Regime of Multichannel Video Programming
FCC Will Seek Comments
Legal Alerts Jan 22, 2016
PEG Fees Set by Ordinance Under California Video Franchise Law Are Not Taxes Subject to Prop. 26
State AG Opinion Could Positively Impact Many Local Governments
Authored Articles & Publications Jan 16, 2015
Telecommunications 101: Current Legal Issues Affecting Telecommunications
By Gail Karish
Legal Alerts Sep 04, 2014
CPUC Adopts Rules for Renewal of State Video Franchises
Commission Decides Streamlined Process Required by DIVCA
Authored Articles & Publications Mar 12, 2014
Municipal Cable Franchise Transfer Toolkit
By Gail A. Karish and Joseph Van Eaton
Authored Articles & Publications Mar 07, 2014
A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Merger
By Gail Karish and Joseph Van Eaton
Authored Articles & Publications Sep 29, 2013
[PRESENTATION] Municipal Broadband and Opportunities for Public-Private Partnerships
By Gail A. Karish
Authored Articles & Publications Jun 01, 2012
Wireless Antenna Issues Paper Published at League of California Cities City Attorneys' Conference
By Gail Karish, Harriett Steiner, Joe Van Eaton
- "Should You Worry About DOD Sharing 5G Spectrum with Private Companies?" Daily Journal, Oct. 26, 2020
- "Wireless Carriers Have Big Plans for City Streets: Are Cities Powerless to Stop Them?" Daily Journal, June 12, 2019
- “Riverside County Issues RFP for Broadband Infrastructure,” BBKnowledge, April 5, 2017
- “[PRESENTATION] Developments in Wireless,” BBKnowledge, Oct. 19, 2015
- “[VIDEO] Responding to the Charter-Time Warner Cable-Bright House Merger,” BBKnowledge, Sept. 23, 2015
- “Texas Takes Step Toward Approving Charter/TWC Cable Merger,” BBKnowledge, July 20, 2015
- “Merging Cable Companies List Benefits for FCC Approval,” BBKnowledge, July 14, 2015
- “Opportunity in FCC Review of Charter Communications and Time Warner Cable Merger,” BBKnowledge, June 30, 2015
- “CityLinkLA: Broadband Access for All,” BBKnowledge, June 24, 2015
- “The Feds & the FCC: Exploring Activities Impacting Local Governments,” BBKnowledge, May 8, 2015
- “CPUC Adopts Streamlined Cable Franchise Renewal Process,” BBKnowledge, Sept. 4, 2014
- “Proposed Comcast-Time Warner Cable-Charter Merger/Swaps/Sales Spark Thousands of Filings at the FCC; Responses Due Sept. 23,” BBKnowledge, Aug. 27, 2014
- “Comments Due August 25 on Comcast-Time Warner Cable-Charter Merger/Spin Off Transactions,” BBKnowledge, July 15, 2014
- “Wireless Industry Seeks to Limit Local Zoning Authority,” BBKnowledge, April 1, 2014
