The terms of any type of public/private partnership or other joint venture arrangement should be specified by agreement or contract to ensure that the rights and obligations of all parties are both understood and protected.  These relate to such things as financing arrangements, service provision, access, quality of service, and default and remedies.  This subject is treated in depth in an article prepared by Lawrence Freedman for the FTTH Council.[xiv]

Even within countries, there are often differences in local jurisdictions that require specialised knowledge and expertise to ensure that the project complies with all legislative, planning and other requirements.  The experience of a project like Wireless Philadelphia where during the planning stage, the State of Pennsylvania enacted legislation restricting the deployment of wireless broadband networks illustrates some of the potential problems that can be faced.  Although the network will be deployed, it does demonstrate the need to have secure safeguards and remedies in contracts in the event that a project cannot proceed.

REFERENCES

 
[xiv] Freedman, L.,“Focused Solutions to Complex Wired Community Transaction Issues”, presentation to FTTH Council, undated.
http://www.ftthcouncil.org/documents/899701.pdf