Gary C. Pennington
Managing Member
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 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 professional football, basketball, and baseball stadiums; 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 Above Ground Level, the HetNet Forum, the Wireless Infrastructure Association, Connect X, and the DAS Congress each year as a means of staying informed of industry trends.
Bar Admissions
Georgia
South Carolina
Beaufort County Bar Association
Education
J.D. - University of South Carolina School of Law, 1991
B.A. - The Citadel, 1988
Cum laude
Presentations
Speaker at the Regional AGL Conference in Florida, November 2011
Speaker at the Carolinas Wireless Association, 2010 & 2011
Speaker/Moderator at the AGL Conference in Philadelphia, June 2018
Speaker at the South Carolina Chapter of the American Planning Association 2018 Summer Conference
Organizations
Committee Member - Citadel Foundation for Leadership Campaign, 2014 – 2017
The goal of the Citadel Foundation for Leadership Campaign was to raise 175,000,000.00 Dollars to coincide with the Citadel’s 175th Anniversary. This goal was exceeded by over $75,000,000.00.
Member - Vistage International, 2004 – 2016
Vistage International is a peer mentoring membership organization for CEOs, business owners, and executives of small- to mid-size businesses. Founded in 1957 as The Executive Committee, Vistage has more than 22,000 members in 20 countries.
Committee Member - The Citadel Class of 1988 Reunion Committee, 2011 – 2012
The purpose of this Committee was to raise funds for The Citadel during our 25th Reunion Year. Our Committee set the record for the most funds raised by a 25th Reunion Class. The proceeds raised were used to help fund the operations of the Krause Center for Leadership and Ethics at The Citadel.
Chairman - South Carolina Educational Broadband Service Commission, 2008 – 2009, appointed by Governor Mark Sanford
The Commission was created by the General Assembly of the State of South Carolina. Its purpose was to obtain and evaluate proposals from commercial entities for the leasing of the excess spectrum capacity licensed to the South Carolina Educational Television Network. The successful result will provide approximately $130,000,000.00 for the State of South Carolina over the term of the leases for the spectrum.
Committee Member - South Carolina Broadband Technology and Communications Study Committee, 2008, appointed by Governor Mark Sanford
The Committee was created to investigate the status of broadband in South Carolina.