US > Media, technology and telecoms > Telecoms and broadcast: regulatory
Index of tables
Telecoms and broadcast: regulatory
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Leading lawyers
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- John Janka, Latham & Watkins LLP ‘An exceptional talent’
- Michael Kellogg, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. ‘Tremendously well-respected FCC lawyer’
- Ted Livingston, Mayer Brown ‘Excellent value, knowledge, advice and result’
- Richard Metzger, Lawler, Metzger, Keeney & Logan, LLC ‘A very good listener with strong acumen for the workings of the FCC’
- John Nakahata, Wiltshire & Grannis LLP ‘An exceptional attorney and privilege to work with’
- Michael Senkowski, Wiley Rein LLP ‘Unbeatable guidance on FCC issues’
- Bryan Tramont, Wilkinson Barker Knauer LLP ‘Deep knowledge and responsiveness, wonderful personality and easy to work with’
- Richard Wiley, Wiley Rein LLP ‘The dean of the communications bar and an outstanding figure in telecommunications law’
Covington & Burling LLP’s regulatory group ‘is head and shoulders above many’ and its attorneys ‘really are subject matter experts’, with a well-deserved reputation for ‘top-quality legal advice’ based on close ties to the Washington DC bar and the FCC and a growing West Coast presence. The practice’s engagement with the critical issues affecting the dynamic telecoms industry has brought it a prestigious list of media and broadcast clients. Work in 2009 focused on strategic matters around convergence as well as online and privacy issues and cleantech. The government’s intense focus on broadband has produced significant work representing clients at the FCC regarding broadband and net neutrality issues. In 2009, Kurt Wimmer, former general counsel of Gannett, rejoined the team, bringing expertise in online and digital content. Wimmer, who provides ‘thoughtful, sound, and highly practical advice, and is a pleasure to work with’, advises the Open Mobile Video Coalition which comprises some 800 television stations. Gerard Waldron who rejoined the firm after a term on Capitol Hill as Chief Counsel of the House Select Committee on Energy Independence and Global Warming advises on internet, cleantech and smart grid issues. ‘Superb lawyer’ Yaron Dori, who specializes in policy issues and privacy law was promoted to partner. Along with communications and media practice group chair Mace Rosenstein, whose practice combines a high level of transactional mandates with ‘remarkable’ FCC expertise, Dori advised longstanding client Microsoft on FCC-related issues, notably on net neutrality proceedings and on content matters. The ‘experienced, constructive and rewarding’ Rosenstein and his team are sole regulatory counsel to new client, Spanish language media organization Univision Communications and its national broadcast networks and television and radio station groups with respect to strategic matters, including station sales and acquisitions, regulatory compliance, and legislative and policy matters bringing together the firm’s regulatory and transactional prowess. Co-chair of the technology and media group Jennifer Johnson focuses on broadcast and media work, acting for high-profile broadcasters, notably Newport Television, on regulatory and transactional issues. Clients describe her as ‘a terrific lawyer, very responsive and easy to work with’. Senior counsel and ‘eminent practitioner’ Jonathan Blake advises Hearst Corp. The firm’s range of expertise and prestigious client list are testament to the resources and energy it continues to commit to this practice area. While other firms in Washington DC and elsewhere have built a narrower, deeper approach to serving telecoms clients, none can match the group’s commitment to its diverse base of clients in this sector, and its positioning in converging landscape. Clients include TDS Telecommunications, Broadcasting Media Partners, Gannett, Cable One, a subsidiary of the Washington Post Company, CBS Television, Telephone and Data Systems, Qualcomm and Nintendo.
Latham & Watkins LLP’s telecoms industry practice group draws on its strength in IP, media, litigation, M&A and antitrust law, offering a global client base a broad practice supported by the firm’s significant international footprint. Based in Washington DC, the regulatory group handles a variety of roles related to the firm’s significant activities in communications, finance and M&A. The firm’s size enables it to handle the largest deals for clients ranging from carriers to satellite and broadcast companies and investors in the dynamic telecoms industry. Its capacity to allocate specialists to provide sophisticated regulatory support for major investors in the communications sector has enabled the team to represent the industry’s most active financiers and the group’s ‘aptitude for regulatory affairs’ underpins its leading reputation in this sector. Matthew Brill, ‘a fine, capable lawyer and definitely one to watch’, represented Time Warner Cable in its spin-off from Time Warner and regulatory matters involving cable television, broadband and digital phone services, notably regarding legal characterization of voice over internet protocol (VOIP) services; the prosecution of a formal complaint regarding Verizon’s retention marketing practices; and other proceedings before the FCC. Deputy practice chair and ‘exceptional talent’ John Janka receives plaudits for his blend of transactional and regulatory capabilities and his expertise in the satellite industry, where the team’s level of involvement is matched only by a few specialist practices. Highlights included assisting mobile satellite services provider Inmarsat to obtain FCC consent for the second step of its acquisition of Stratos Global in the face of competition-based challenges, as well as advising on spectrum coordination matters and legal compliance. Jim Barker represented Leap Wireless and Cricket Communications, the seventh largest wireless carrier in the US, on various matters, notably high-profile FCC proceedings involving wireless roaming issues. Former FCC advisor Karen Brinkmann represented major trade organization Director’s Guild (DGA) in internet policy proceedings before the FCC, including the net neutrality rulemaking. The group’s reputation for handling regulatory issues arising from the crossover of media, broadcast and internet services has attracted global giants including Yahoo! and Verizon. Regulatory counseling and structural advice to Freedom Communications in connection with the Chapter 11 reorganization of this major diversified media company, as well as comprehensive FCC representation draw on the firm’s corporate strength and regulatory prowess. A cohesive international outlook has given the group an advantage in winning and retaining clients with foreign interests, as well as overseas clients looking to move into the US market. Teresa Baer assists foreign investors with national security issues and advises clients on regulatory aspects of their transactions. Clients include Verizon, Yahoo!, SAT-GE, PCIA – The Wireless Infrastructure Association, Global Crossing, CW Network, Regent Communications, Asia Broadcast Satellite, Sirius XM Radio, ViaSat and BBC Worldwide.
Clients consider Wiley Rein LLP’s market-leading telecoms team ‘by far the best firm for FCC matters’, with its 80-strong communications team handling regulatory and appellate work. as well as big ticket transactions providing ‘in-depth knowledge and expertise in the broadcast regulatory arena’. The integration of regulatory and public policy has been the cornerstone of the team’s structure; matched by only a few communications boutiques, which are unable to match the firm’s level of resources. By virtue of superior numbers of experts and a blend of attorneys with backgrounds at the commission and young talent, the team has maintained its capabilities to address issues from every corner of the communications world, and is praised by clients as ‘very responsive to our needs and very capable without exception’. Former FCC chairman, firm founder and communications practice head Richard Wiley is recognized throughout the industry as ‘the outstanding figure in telecommunications law’ and ‘the dean of the communications bar’. Following the return of former FCC commissioner Tyrone Brown, the firm continued its strategy of big-name hires with former ambassador David Gross and litigator William Consovoy from the Supreme Court. Flagship clients in each sector are able to retain teams of specialists, lawyers with decades of FCC dealings and ancillary litigation and appellate expertise and value the firm’s capacity ‘to put together exactly the right people’. The team has consistently won mandates as regulatory counsel on high-profile mergers, advising Sirius Satellite Radio in its $3.5bn acquisition of XM Satellite Radio, an industry-defining transaction by virtue of its value and the market position of the parties involved. On the telecom side, the team is frequently the first stop for carriers on FCC matters. Highlights included representing Comcast in appealing the FCC’s first network neutrality enforcement, challenging the finding that Comcast’s broadband network management practices relating to peer-to-peer file sharing traffic violated the principles in the FCC’s Internet Policy Statement. Wiley and his team are representing companies including Newspaper Association of America, Belo, Gannett, Morris Communications and Clear Channel Communications in connection with proposed revisions to FCC multiple ownership rules, including elimination of the ban against common ownership of a newspaper and a broadcast station in the same local market, both before the FCC and in ongoing litigation before the US Court of Appeals for the Third Circuit. The group assists numerous banks with media company restructuring, notably representing JPMorgan Chase Bank as administrative agent in connection with the bankruptcy of the Tribune Company, specifically with respect to advice regarding the obtaining of FCC approval for a Tribune restructuring and emergence from bankruptcy. Other clients include Comcast, Verizon Wireless, Ericsson, Nokia, Motorola, Viacom/CBS, AT&T and Goldman Sachs. Michael Senkowski, chair of the telecommunications practice, leads on numerous telecom matters and provides ‘unbeatable guidance on FCC issues’. Along with Andrew McBride, who won a major victory on behalf of a wireless industry defense group in the Murray v Motorola litigation regarding the alleged health effects of radiofrequency emissions, he also handles high-profile disputes. Helgi Walker combines strength in both the disputes and the regulatory arena, recently securing an Appeals Court decision to uphold the limit on subsidies for rural phone services. ‘Rising star’ Nancy Victory is ‘first choice’ for spectrum-related matters.
Clients describe Wilkinson Barker Knauer LLP’s market-leading practice as ‘terrific value’ and ‘second to none’, and in 2009, this ‘excellent’ telecoms boutique continued its aggressive growth strategy with the recruitment of top attorneys Cheryl Tritt and William Maher as part of a six-attorney regulatory team from Morrison & Foerster LLP. This followed the recruitment of Ray Gifford and another team of six lawyers from Kamlet Reichet, LLP, who operate out of the firm’s new office in Denver and bolster the firm’s state regulatory and smart grid practice. The firm also hired Maureen Ohlhausen, an 11-year veteran of the FTC. Kathleen Abernathy, however, left the firm for an in-house role at Frontier Corporation. With 47 attorneys devoted to communications and technology law, the firm now has the largest such stand-alone practice in the country and continues to win and retain high-profile clients who are ‘impressed with the range and depth of its knowledge’. The firm is representing NBC in its acquisition by Comcast, in a $30bn deal that was still under scrutiny by the FCC at the time of going to press. Former FCC chief of staff and managing partner Bryan Tramont has been effective at driving the group’s progress in developing industry areas. Clients value his ‘deep knowledge, responsiveness and wonderful personality’ and appreciate the fact that he is ‘easy to work with’. In 2009, Tramont continued his role as lead counsel to Cisco Systems in the FCC’s latest inquiry into network neutrality, a rulemaking that arguably is the most significant telecoms proceeding in the past decade. ‘The bench strength of the teams is very deep’ and the range of expertise on offer has also ensured that the firm has been able to pick up work on frontline issues in several areas. Highlights included advising Verizon Wireless in the FCC’s expanded inquiry into the status of the competition in the mobile wireless industry. The team is particularly well respected for FCC regulatory work. David Solomon and Andrew Tollin successfully represented Comcast in three high-profile proceedings before an FCC administrative law judge. Kenneth Satten, who heads the firm’s broadcast and media practice, wins plaudits for his encyclopedic knowledge of FCC regulation and policies from clients including NAB, NBC Universal, Bonneville and Hubbard Broadcasting. Other key clients range from some of the country’s largest companies, notably Cox Communications, NBC Universal and Hubbard Broadcasting to smaller operators including First Broadcasting and Atlantic Tele-Network and leading investors Dobson Partnership, Merrill Lynch and Providence Equity Partners.
Dow Lohnes PLLC 25-strong telecoms regulatory team is recognized for its prowess in handling broadcast and cable matters for clients across the media sector. Michael Basile and his team represented a coalition of 16 local television station groups that own and operate 225 stations in an FCC proceeding focused on the delivery of high-speed broadband services to underserved areas of the country and the possibility of using additional radio frequency spectrum to support wireless broadband networks. Having built outward from a core of media clients, the team has embraced the regulatory and transactional aspects of industry consolidation and the collocation of services and has assisted numerous television station clients in successfully completing the transition of their transmission facilities from analog to digital operation. The team assists media companies with financial, business and regulatory matters, supported by a dedicated tax planning group. In 2009, it undertook numerous mandates at the intersection of FCC requirements and bankruptcy rules. Having represented ION Media Networks before the FCC throughout its recent restructuring and emergence from Chapter 11, it is representing Tribune Company in relation to its Chapter 11 bankruptcy proceedings, advising on ownership issues and working to obtain the FCC approvals necessary for the reorganized company to emerge from bankruptcy while retaining its existing newspaper-broadcast combinations and television duopolies. John Feore and John Logan have significant involvement in complex ownership issues. Kevin Reed, who represents numerous media and broadcasting companies before the FCC, is recommended for ‘his depth of knowledge of the media industry’. Other key clients include Hasbro, Cox Communications, Sprint Nextel, Local TV, Comcast, Allbritton Communications, McGraw-Hill Broadcasting, Media General and Ion Media Networks.
Clients rate Hogan & Hartson LLP’s telecoms practice as ‘ten out of ten. Its industry and political insights are sound and its response times and resources are excellent’. Michele Farquhar, who took over as head of the firm’s integrated telecommunications, media, and entertainment team, following the untimely death of Peter Rohrbach, is singled out for praise. The recruitment of partner Daniel Brenner, from the National Cable & Telecommunications Association (NCTA) reinforced the firm’s regulatory prowess. The group’s regulatory and transactional specialists work together to provide a wide range of services for longstanding clients, who rate them ‘among the best in Washington DC in terms of value for money’. Close links with the FCC bring steady flow of compliance work and key FCC mandates, advising on spectrum auctions, smart grid and wireless issues, and specialist sectors such as telemedicine. The firm’s merger with Lovells LLP will further extend the group’s resources and its industry presence. Highlights included advising AirCell in its acquisition of a broadband air-to-ground license, and its application for broadband stimulus funding; assisting Sprint Nextel with filings and strategic advice in regulatory proceedings involving spectrum issues, including wireless broadband filings, TV white spaces and the AWS-2 spectrum bands. The team provides ongoing advice to leading US cable television providers in their major new investments in the wireless business, including assistance on spectrum policy, auction and post-auction strategy, FCC compliance and related investment matters, providing ‘valuable strategic counsel based on its in-depth knowledge of the regulatory agencies’. Zenas Choi’s practice focuses on the juncture of technology and telecoms, with particular expertise in satellite-related matters. Ari Fitzgerald and Mark Brennan are ‘knowledgeable on FCC matters, professional and responsive’. Clients include Time Warner Cable, Comcast, Cox Communications, Bright House Networks, GE Health Care, Big Rivers Electric Corporation, Fox and SES Americom.
Washington DC boutique Lawler, Metzger, Keeney & Logan, LLC’s telecommunications practice is led by founding partner Richard Metzger ‘a very good listener with strong acumen for the workings of the FCC’. The firm changed its name in 2009, when former partner Ruth Milkman joined the FCC as chief of the Wireless Bureau and Charles Logan became a name partner. The firm’s core competence of advising leading wireless and wireline carriers on FCC compliance issues has won it an excellent market reputation and a loyal client following. Attorneys’ expertise on boundary-pushing compliance, spectrum, and licensing proceedings along with the partner attention and personal service that characterize a smaller boutique firm gives them an edge over larger and more generalist practices. The team represents longstanding client Sprint Nextel in special access pricing proceedings before the FCC and wireless-related issues and advises Comcast on the provision of VoIP, as well as assisting in legislative efforts at the federal level on its behalf, notably in relation to the universal service fund. Former FCC staff, notably name partners Metzger, former chief of the Common Carrier Bureau, Gina Keeney, ‘an outstanding strategist’ and Charles Logan give the group a unique combination of public service and private practice experience which support its negotiating strength. Gil Strobel is also recommended. The firm also has substantial experience with FCC merger review proceedings, advising Comcast on its acquisition of Chicago-based Cimco Communications and General Electric in its proposed joint venture with Comcast involving NBC Universal. The group is advising new client XO Communications in respect of the National Broadband Plan.
The head of Sidley Austin LLP’s communi-cations practice, David Lawson in Washington DC, has represented AT&T for over a decade, notably in regulatory proceedings before the FCC, and the US Congress. The activity of this ‘talented’ group in the US, outside of media companies and financial institutions, is largely focused on providing regulatory advice to its flagship client. With 15 partners divided between Chicago and Washington DC, where it has close ties to the communications bar, the team’s ‘level of service, response times and industry knowledge are consistently excellent’. Recent mandates for AT&T include handling numerous privacy and data protection matters before federal and state agencies, acting on several inter-carrier compensation disputes, and advising on the auction of wireless spectrum for broadband services. Other work includes assisting Tribune Company and Fox with challenges to the FCC’s new rules governing the cross-ownership of newspapers and broadcast properties and advising GE Capital on the regulatory implications of restructurings and reorganizations, notably the impact of attribution, multiple and cross-ownership, and foreign ownership rules. The team represented United States Cellular and its parent company TDS in its response before the Department of Justice and the FCC to a complaint filed under the False Claims Act. The firm’s lawyers actively participated in the FCC’s management of the transition to digital television as well as representing Fox in challenges to FCC rulings. Former FCC associate general counsel Mark Schneider represents clients from a variety of industries, and wins plaudits for his work in the cable arena, notably representing Kodiak Kenai Cable in obtaining a cable landing license from the FCC authorizing the construction of a new 600-mile fiber optic cable to provide new capacity in Alaska. Clients include Allbritton Communications, Fox Television Network, Leucadia National, Merrill Lynch, New Vision Television, Telephone and Data Systems and United States Cellular.
Skadden, Arps, Slate, Meagher & Flom LLP’s communications group, led by ‘great business mind’ Antoinette Cook Bush, provides a ‘quality service’ to clients in the broadcast, cable, satellite, telephone and mobile communications business, supplementing its prominent transactional practice with deep regulatory expertise. The team has repeatedly demonstrated that it offers the skills and resources to execute the most complex regulatory instructions and orchestrate compliance on large-scale complex transactions for flagship clients in the wireless, wireline and cable industries. These skills, in the context of a practice with ties to some of the largest names in media and broadcast, have given the team the ability to win high-profile engagements. Cook Bush represents Viacom, Univision Communications and Virgin Mobile USA. Ivan Schlager advised Virgin Mobile USA on the FCC and CFIUS review of its $39m acquisition of Helio from EarthLink and SK Telecom. Jared Sher advises Viacom, News Corporation and Border Media. Warren Lavey in Chicago is recognized for his work on regulatory strategies and proceedings before federal, state and municipal regulatory commissions, as well as his extensive experience of international communications issues. The group continues to represent Virgin Mobile in regulatory, business and transactional matters involving its mobile virtual network operator service offering, including federal and state regulatory compliance, and advises T-Mobile USA on various wireless regulatory and tax issues. Other clients include NTT DoCoMo, Telephone and Data Systems, US Cellular and Liberty Global.
Steptoe & Johnson LLP represents leading and innovative companies in the wireline, wireless, satellite, media and internet sectors. Satellite and wireless expert Philip Malet leads a team of attorneys who are ‘extremely knowledgeable in their specialized areas and understand the business-angle of the legal matters’. The group is ‘the best in the field’ for satellite work, the ‘dedicated, business-oriented’ Pantelis Michalopoulos and his team ‘working as one’ with in-house legal teams. In 2009, it advised longstanding client DISH Network and its spin-off company EchoStar on numerous issues, notably filing applications requesting stimulus funding for two ambitious broadband programs. Other work included filing an FCC application that represents the first step to allowing DISH to provide television service to Cuba, consistent with the Obama administration’s policy of relaxing the restrictions on the provision of satellite television service to that island. Other work includes representing Leap Wireless in opposing Verizon’s $28bn acquisition of Alltel. The fact that the group is ‘professional and very competent on technical issues’ enables it to make the most of the crossover between technology and telecoms, advising on broadband and net neutrality issues as well as more controversial topics. Head of the technology department, Alfred Mamlet is representing joint venture OnAir on FCC, legislative, security, and FAA issues involved in providing in-flight telecommunications services to mobile phones – services that are currently prevented by US law. ‘Techno-literate lawyer’ Stewart Baker, who rejoined the team from the Department of Homeland Security, focuses on privacy and security issues. Other major clients include AOL, Bell Aliant, DIRECTV, EMS Technologies, France Telecom, Motorola, Satamatics, SkyWave, Stratos Global Corporation, Telenor, VeriSign and WCI Cable.
Notwithstanding Bill Lake’s move to the FCC, WilmerHale’s five-partner team, based in Washington DC, provides a wide range of expertise and experience, combining telecoms with related skills. J Beckwith Burr specializes in privacy and e-commerce, which is particularly relevant in the current climate of convergence and in light of the development of mobile applications, location data and cutting-edge wireless applications. Recent work includes advising an advanced GPS service provider on US and EU telecommunications privacy compliance, including responding to law enforcement requests for information. The group has advised equipment and application providers on telecom privacy rules. The combination of data protection and telecommunications expertise gives the firm an edge over some of its competitors. Practice group head Lynn Charytan, who focuses on e-commerce and national security matters, represented the Puerto Rico Telephone Company in seeking a cable franchise and defending various litigation matters brought by incumbent providers seeking to block such entry. Charytan represented a wireless company in its efforts to modify and reinterpret provisions in National Security Agreement with the US Government. ‘Well-known, accomplished lawyer’ Jonathan Nuechterlein successfully represented AT&T, Qwest and T-Mobile in appellate litigation. Samir Jain is representing one of the nation’s largest broadband internet access service providers in FCC and related proceedings, concerning the potential imposition of net neutrality rules. Jain is also acting for Verizon in national, multi-district class action litigation and related regulatory inquiries in connection with claims that it allegedly assisted the National Security Agency with alleged electronic surveillance activities. Clients include AT&T, Citadel Investment Group, National Association of Broadcasters, Verizon and T-Mobile USA.
Communications and technology boutique Wiltshire & Grannis LLP is known as the ‘go-to firm for FCC advice’ as the majority of its attorneys have had prominent roles in the commission. The team’s deep specialism in regulatory matters is supplemented by a strong litigation element, giving the team the ability to steer clients through any number of situations, and its attorneys are recommended as ‘good technicians’. Following the departure of name partner Scott Blake Harris to join the Obama administration, Mark Grannis took over as managing partner. Head of the telecoms practice and ‘exceptional attorney’ John Nakahata, who was involved in the implementation of the 1996 Telecommunications Act during his time at the FCC, has a reputation for in-depth knowledge of the industry as well as policies, procedure and processes. Christopher Wright and Paul Margie are recommended, and name partner William Wiltshire draws on upon years of regulatory and litigation experience. The highly diversified practice represents cable companies, telephone companies, television and satellite companies, cable, internet and technology companies. It handles highly complex matters, notably spectrum auctions, submarine cable landings and federal regulations on satellite broadband operators as well as advising on the regulatory elements involved in major telecoms transactions, notably dealing with FCC and governmental approvals. Kent Bressie advises Tyco, a leading supplier of undersea cable systems. The team is particularly strong the wireless and satellite arenas, with recent mandates including representing equipment manufacturers on technical and spectrum policy matters before the FCC. It also advises on convergence-related matters, including mobile technology, VOIP and the National Broadband plan and how existing FCC rules apply to new technology. Clients include T-Mobile, Sprint Nextel, CTIA (The Wireless Association), Comcast, Atlantic Broadband, Vantage, Cisco and Dell.
Arnall Golden Gregory LLP’s practice, led by Don Hackney in Atlanta, provides regulatory assistance to telecommunications clients at federal, state and local levels. Work includes transactional support and stand-alone regulatory mandates, notably assisting clients to obtain CLEC certification in numerous states. The team has significant experience of cell site permit-related issues, and has achieved a successful resolution in the majority of these cases. In 2009, a team led by Scott Taylor, who provides ‘good, practical, timely and cost-effective advice’, represented a national wireless carrier in connection with dozens of zoning applications for cell towers and four federal lawsuits involving tower siting. Taylor wins plaudits from clients for his ‘excellent work and responsiveness’. The team was strengthened by the lateral hire of Seth Cohen from Kilpatrick Stockton LLP
Arnold & Porter LLP’s Washington DC group, led by Patrick Grant, combines litigation, transactional and regulatory expertise, advising wireline, cable and broadcast clients ranging from telecoms giant AT&T to entrepreneurial communications companies. Former practice group head Norman Sinel advises Comcast on regulatory matters. Building on its substantial record of working for SBC prior to, and in connection with, its merger with AT&T, the team has focused on regulatory counseling and assisting in securing FCC approval for large telecommunications transactions. The firm’s antitrust and lobbying credentials have led to its recognition as ‘one of the top DC firms in communications’. Clients include AT&T, Dobson Communications and Aloha Partners.
Bingham McCutchen LLP’s team, led by Andrew Lipman, acts as regulatory counsel in a wide range of matters, from restructurings and litigation to mergers and private equity transactions for competitive local exchange carriers (CLECs) and others operating in the communications industry. The team rarely encounters other leading telecoms firms, although its depth of regulatory expertise and ‘extensive experience of CLEC mergers’ generates a steady stream of work. The transactional and regulatory elements of the practice are closely linked. For example, the team is advising CIMCO Communications on regulatory issues in connection with its acquisition by Comcast. As the first transaction involving the acquisition of a CLEC by an in-region cable operator, it raises ground-breaking FCC legal issues and requires approvals in over 20 states. The team successfully represented leading independent telephone companies (ILECs), including CenturyTel, Windstream, Frontier and Embarq, in separate federal court litigations recovering millions of dollars of underpaid access charges from MCI. The Obama administration’s broadband plan has created additional work counseling numerous companies, ranging from fixed wireless and satellite firms to rural telephone companies and large systems integrators, in seeking funding from the US federal government’s allocation of $7.2bn for broadband deployment as part of the 2009 economic stimulus package. Catherine Wang, who advises a broad range of clients on regulatory compliance issues regarding wireless, long distance, local, international and enhanced services, is singled out for praise. Clients include Shure, PAETEC Communications, Brazil Telecom, Hybernia Atlantic, Columbus Networks, and Bermuda Telecom and Platinum Equity.
Jenner & Block LLP’s combination of leading litigation and appellate attorneys, with a top FCC practice, enables it to provide comprehensive solutions including compliance and trial representations. The nine-partner group is led by former FCC general counsel Samuel Feder in Washington DC, who ‘combines obvious technical expertise with a truly exceptional grasp of the practicalities’ and litigator John Harrington in Chicago, who ‘provides excellent, sophisticated advice’. Representative highlights included successfully achieving FCC and state approval of the merger of CenturyTel and Embarq under an interim FCC Chairman. The merger created CenturyLink, the fourth largest phone provider in the US. Representation of cable companies expanded, in part due to the team’s significant victory for Comcast against Verizon in the retention marketing case. Harrington and his team successfully represented longstanding client Neutral Tandem in a series of regulatory disputes against another carrier. Harrington is also representing Neutral Tandem in two further federal litigation matters. In 2009, the team handled significant content-related communications work for the firm’s music industry and media clients, notably representing the Recording Industry Association of America in the FCC’s net neutrality proceeding. Clients appreciate the fact that attorneys ‘have deep industry knowledge in their areas of subject matter expertise and are very responsive to client needs’. New clients in 2009 included Cablevision, Nielsen and the Recording Industry Association of America
Kelley Drye & Warren LLP’s 11-partner practice, based in Washington DC and Chicago, is recognized for its representations at state and federal level and has an excellent reputation among local carriers. In particular, the team has a number of FCC veterans and several talented litigators. Practice head Robert Aamoth, commended for his ‘ability to understand the technical and legal issues and how they work together’ and his ‘diplomacy in negotiations’, led a team representing Atlantic Tele-Network and Guyana Telephone & Telegraph in their on-going project to build, operate and maintain a new fiber optic submarine cable system linking Guyana, Trinidad & Tobago and Suriname. Aamoth also works with foreign carriers entering the US market. Brad Mutschelknaus is representing a coalition of five telecom carriers in opposing petitions filed by Verizon Communications and Qwest Communications, asking that the FCC forbear from requiring them to comply with critical facilities unbundling regulations. Leveraging dual backgrounds in engineering and the law, Todd Daubert advises domestic and international companies. Daubert recently represented a coalition of regional and mid-sized wireless service providers, the Universal Service for America Coalition, before the FCC in proceedings to reform the universal service fund. Clients include XO Communications, Covad Communications, Nuvox, Broadview Networks, Cavalier Communications and T-Mobile.
Telecommunications boutique Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. is recommended for its ‘expertise in appellate matters related to telecommunications and anti trust law’ and handles numerous matters before the FCC and, where necessary, the federal courts. The firm’s regulatory expertise has earned it numerous instructions from leading carriers including AT&T and Verizon. This Washington DC boutique, trading primarily off a mixture of ability in policy and appellate work, includes several ‘FCC veterans’. With over 50 attorneys, the firm’s extensive mix of experience and expertise mean that it is frequently instructed on the cases that are shaping telecommunications law. ‘Tremendously well-respected FCC lawyer’ Michael Kellogg wins plaudits from clients and peers. Mark Hansen, whose clients include Verizon, is recommended, along with David Frederick. Colin Stretch successfully represented AT&T against the FCC in a case before the Third Circuit Court of Appeals on whether corporations are entitled to assert claims of “personal” privacy under the Freedom of Information Act. Clients have included AT&T, BellSouth, BellAtlantic, the State of Hawaii, Qwest, TCR Sports Broadcasting Holding and Verizon.
Mayer Brown combines regulatory expertise with a nationwide telecoms litigation practice. According to clients, ‘the firm has a deep bench and is very responsive to requests for help’. Although with six partners, the group is relatively small, it ‘is very strong on general regulatory matters’ and has handled the majority of landmark cases under the 1996 Telecommunications Act in multiple forums. Convergence has generated significant work as cable television companies move into the traditional telecoms space and telecoms companies offer VOIP and broadband. The national outlook afforded by the group’s long-term placement of resources in the Chicago office has put it among a small group of firms truly able to claim to offer extensive litigation experience across the state courts and before the FCC ‘with unswerving consistency and competency’. The team represents major client AT&T in disputes with local authorities over local communications regulations. It is representing AT&T Mobility in several states where permission was denied for cell towers, notably winning a landmark case in the Third Circuit in Philadelphia. ‘Excellent’ Chicago partner Ted Livingston, who leads the practice has represented AT&T dating back to the group’s formation, offering ‘excellent value, knowledge, advice and results’. Livingston is currently handling numerous antitrust cases which involve communications regulatory rules and orders, and consumer class actions under the communications laws, successfully arguing for the dismissal of a class action challenging the FCC order prohibiting exclusive deals between video providers and owners of apartment complexes. Demetrios Metropoulos also represents AT&T, handling numerous inter-carrier compensation and access complaints. The team successfully represented affiliates of Sprint – iPCS Wireless, Horizon Personal Communications and Bright Personal Communications Services – in high-profile breach of contract cases challenging Sprint’s conduct in the aftermath of the Sprint-Nextel merger and subsequently in litigation in Illinois arising from Sprint’s arrangement to deploy 4G wireless technology with Clearwire. The team operates in a specific niche and therefore has its limitations; however, it is recognized for providing a specialized set of skills that are matched by few in the market.
Paul, Hastings, Janofsky & Walker LLP advises on the regulatory aspects of complex transactions as well as stand-alone regulatory matters. Its integrated telecoms practice benefits from the firm’s transactional and corporate strength and broad national and international footprint. In Washington DC, the ‘well-connected’ Carl Northrop advises wireless companies on federal regulatory issues, licensing work, regulatory policy issues (at the FCC and on Capitol Hill) and communications-related litigation. In 2009, Northrop handled purchase and sale transactions involving wireless spectrum and telecommunications assets for FCC-licensed companies, which implicated the FCC spectrum aggregation policies. Telecom regulatory work for longstanding client MetroPCS, the fifth largest facilities-based provider of broadband personal communications services in the US, included successfully challenging the FCC’s backup power requirements that would have required MetroPCS and other wireless carriers to meet burdensome regulations designed to reduce system outages. Tara Giunta handles complex international mandates. In 2009, Giunta advised Reliance Communications on FCC issues affecting International Section 214 authorizations held by subsidiary entities, corporate reorganizations and transfer of control issues. Giunta is also advising new client Telecom Italia on the regulatory requirements in the 23 jurisdictions applicable to the sale of its subsidiary, TI/Sparkle. Other key clients include WorldSpace, Syniverse and HBK.
Pillsbury Winthrop Shaw Pittman LLP’s communications group handles broadcast, satellite and telecom work and is commended for providing ‘sensible commercial counseling’. Broadcasting is a key focus area. The group provides regulatory support to large-scale transactions and handles FCC compliance matters, supported by the team’s litigation capabilities. Communications group head Clifford Harrington advised High Plains Broadcasting on the business and compliance aspects of its acquisition of television station KFTY from Newport Television Group. On the satellite side, ‘talented problem-solver’ Bruce Jacobs is advising SkyTerra on the development of its multibillion-dollar hybrid satellite-terrestrial broadband network, its proposed mergers with private equity firm Harbinger and Inmarsat, and its application to the US federal government for stimulus funds. Jacobs is also advising Xanadoo (formerly Pegasus) on its efforts to secure licenses for new broadcast satellites. Glenn Richards advises telecom and VoIP providers, notably assisting Digital Network Access with a broadband stimulus application seeking $800,000 in federal grants for the expansion of its communications network in rural Illinois. The group also advises financial institutions and investment companies that operate in the communications space. Other key clients include Sinclair Broadcast Group, 54 Broadcasting, Bristol Broadcasting, Duhamel Broadcasting Enterprises, Alta Communications, Mercury Capital Partners, Millennium Radio Group, Mobile Satellite Ventures and Wells Fargo Foothill. Bob Metzger in Los Angeles advises on current issues such as local authority over video services offered by telecom companies, compliance of IP video product with state laws, and municipal attempts to regulate carrier deployment of landline and wireless facilities. Metzger also assists with the development of regulatory strategies and dealings with local and state governments.
Sheppard, Mullin, Richter & Hampton LLP’s communications practice, led by Chris Huther in Washington DC, was boosted by the arrival of Brian Weimer from Latham & Watkins LLP, who specializes in satellite, broadcasting and wireless matters. Weimer’s primary satellite clients include SAT-GE and SES World Skies. SAT-GE’s satellite is licensed by the FCC and he provides FCC regulatory advice and assists with market access issues in foreign jurisdictions. Weimer is also assisting SES World Skies with a US market access application for one of its foreign-licensed satellites. New clients include Hughes Network Systems and O3b, which is backed by Google, Liberty Media and SES. Weimer assists wireless provider HySky Technologies with FCC regulatory matters and the regulatory elements of broadcasting transactions. He is recommended as ‘extremely responsive’, providing ‘solid knowledge of a specialized area’ and is ‘pro-active in alerting clients to upcoming trends’. Megan Troy focuses on telecommunications litigation, regulation and policy.