Adrian Herbst

Adrian E. Herbst is a Partner with Bradley Berkland Hagen & Herbst, LLC.  Adrian has over 30 years of experience in municipal and governmental work.  As a past municipal official, including city attorney, he has a broad base knowledge of city government and the operations of city government as well as coordination and work with the various personnel within city government offices.  Additionally, he has worked in city government and in private practice, has been involved in extensive work on behalf of local governments on a wide range of matters, including:

  • Cable television franchising and regulation.
  • Regulation and development of rights‑of‑way governance and use.
  • Development of appropriate franchise and use fees for use of public property.
  • Recent innovations, including WiFi systems and mini cell development.
  • Utilizing public structures and the agreements and developments for such uses.

Adrian served as General Counsel for the Economic Development Authority for the City of Bloomington, Minnesota and was instrumental in the acquisition of land for development, public financing, and spearheaded the land acquisition and public financing, and negotiation of a development agreement that led to the development of the Mall of America, the largest single shopping mall and attraction center in the country.

Adrian has regularly worked on behalf of local governments throughout the country on a wide range of cable television and telecommunication matters as well as rights-of-way construction and administration ordinances providing governance for their use.

He has served as President of the Minnesota Trial Lawyers Association and Vice President of the League of Minnesota Cities.  Adrian is a charter member of the National Association of Telecommunications Officers and Advisors (NATOA), as well as various other legal organizations including the International Municipal Lawyers Association (IMLA), the Federal Communications Bar Association, and the Telecommunications Committee of the Minnesota State Bar Association. Adrian is a member of the State Bar of Minnesota and holds Martindale‑Hubbell’s highest AV rating.

Below is a brief summary of some of the services on behalf of clients:

  • Planning and organizational work leading to ordinances and other regulatory local requirements.
  • Franchise and licensing ordinances and agreements.
  • Service with municipal commissions and related authorities with the administration and enforcement of franchises and license agreements.
  • Transfers and exchange of ownership, evaluation, review and recommendations.
  • Feasibility studies of construction of municipal fiber optic networks.
  • Municipal ownership.
  • Cable and telecommunication services and performance audit reviews.
  • Technical reviews in coordination with technical consultants.
  • Franchise and license fee payment audit and reviews in coordination with fee payment audit consultants.
  • Rate regulation.
  • Litigation.
  • Negotiation.
  • Ordinance drafting.
  • Creation and administration assistance with non‑profit community access and programming corporations.
  • Institutional network planning and development.
  • Programming agreements.
  • Community needs assessments.
  • Review and development of customer service standards and enforcement options.
  • Use of poles and other structures for specific needs, including new technologies such as mini cells.
  • Periodic review and coordination with clients regarding administration and enforcement of franchise and license agreements for compliance.

 

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