Telecommunications and New Technologies Law Practice

Legal Experience

Our telecommunications assignments have included:

For interexchange carriers (IXCs):

  • filed and prosecuted in federal court an antitrust suit for anticompetitive and discriminatory billing and collection service practices against ILEC, and settled the claims on favorable terms.
  • successfully challenged a state public utility commission intrastate access tariff deposit requirement.
  • successfully represented resellers of long distance services in complaint proceedings before the FCC, and on antitrust, Communications Act, and other claims against underlying IXCs in federal district court.
  • represented reseller in complaint before federal district court and in arbitration against underlying carrier.
  • obtained authorizations to provide service on international and interstate and intrastate basis for large reseller of long distance services.
  • represented large carriers with new technology in obtaining private placement of approximately $600 million in debt and equity securities.
  • successfully reduced proposed forfeiture by substantial amount imposed by FCC against reseller for various alleged violations of Communications Act.
  • Negotiated indefeasible right of use ("IRUs") Agreements.

For competitive local exchange carriers (CLECs):

  • represented CLEC in interconnection and collocation proceedings before the FCC and state commissions.
  • represented CLEC in tariff dispute before the state commission with favorable outcome.
  • prepared and filed and prosecuted to effectiveness registration statements with SEC for registration of approximately $600 million in securities.
  • negotiated on behalf of CLEC long term financing in the amount of $90 million.
  • represented CLEC in $77.5 million public offering of common stock and in bridge financing.
  • represented CLEC in mergers and acquisitions of other emerging technology-based companies and other providers of telecommunications services.
  • represented CLEC in $4.2 million private placement of securities.
  • represented CLEC in rural exemption rulemaking to obtain the credit for investment.
  • represented CLEC in negotiating a complex interconnection agreement.
  • negotiated interconnection agreements with ILEC.
  • participated in various rule making proceedings before the FCC for CLEC.
  • Advised CLEC in expansion into new real estate development in potential competition with cable laying and local exchange carrier.

For incumbent local exchange carriers (ILECs):

  • advised independently owned carrier on exclusive voice, video and data services in areas outside of its certified service areas.
  • advised and represented independently owned carrier before federal court, FCC and state public utility commission for $30 million toll charges settlements dispute.
  • defeated constitutional challenge raised in state court by private PBX vendor to the competitive sale of CPE by a municipally-owned carrier.
  • negotiated settlement with U.S. General Services Administration in dispute over charges to United States for private line and other telecommunications services.
  • represented LEC in an antitrust suit challenging its refusal to sell yellow pages listing on unfavorable terms with very favorable result.
  • negotiated extensive and complex interconnection agreements between CLECs and wireless providers with ILEC.
  • represented carrier before state public utility commission, defeating proposed reduction of local service rates to the extent of $1.4 million annually.
  • represented group of small carriers in state public utility commission proceeding concerning discontinuance of operator services by ILEC.
  • advised carrier regarding U.S. government procurement policies for provision of telephone service to military bases and litigation strategies in pursuit of service.
  • represented carrier in state public utility commission proceeding seeking massive changes in calling area boundaries.
  • represented group of small carriers in connection with state public utility commission adoption of cost allocation rules.
  • advised carrier regarding cellular telephone service extensions and fill-in requirements.
  • represented a purchaser of a local exchange from a larger carrier.
  • represented a local exchange carrier in expansion of service to a large undeveloped tract of property outside the carrier's area through private easements negotiated with the developer of the property.

For Internet and enhanced services providers (ISPs):

  • advised ISP on FCC and state Open Network Architecture ("ONA") rules.
  • advised ISP on dispute with ILEC on charge for interconnection and resale of service.
  • advised ISP on line sharing issues with ILEC.
  • advised ISP on defamation issues and tax issues.

For broadcasters:

  • successfully represented numerous broadcast licensees in station upgrades and modifications.
  • successfully represented applicants for new licenses in large markets.
  • advised network owner on FCC network regulations.
  • negotiated network and programming and royalty agreements.
  • advised on dispute between broadcaster and copyright owner's representative over copyright royalty payments.
  • represented national association in dispute with federal government over increase in communications site use fees.
  • represented national association in trademark dispute with television network association.
  • represented broadcast station licensee in breach of contract suit in federal court.
  • obtained first "duopoly" waiver of FCC's local multiple radio ownership rule for small market radio broadcaster.
  • represented broadcast station licensee in trademark and tradedress dispute.
  • successfully defeated claims against a broadcast company for $11.3 million based on breach of contract and fraud. In same case, obtained a court ruling in favor of the broadcast company for distribution of $1.4 million that had been held in escrow pending finality of litigation.

For cable operators and program providers:

  • negotiated purchase of programming.
  • negotiated joint ventures.
  • negotiated satellite programming distribution agreements.

For a cable and fiber optic construction company:

  • filed and successfully prosecuted and successfully defended in state court and federal court for breach of contract and employment and wage claims.
  • prepared various lease for dark fiber.

For telecommunications infrastructure companies:

  • advised in joint ventures with real estate developers.
  • advised on master agreements for easements and rights of way.
  • advised item of injunction in easement for local exchange and long distance carrier.

For operator service providers:

  • successfully represented major OSP company in state public utility commission show cause proceeding alleging unlawful rates.
  • advised large OSP company on proposed state regulation of operator services.
  • obtain certificates of public convenience and necessity for OSP from state commission.

For wireless providers:

  • successfully prosecuted applications for zoning of towers.
  • represented wireless provider in Enhanced Telecommunications Carrier (ETC) proceedings before state public utilities commission and proceeding before the FCC.
  • negotiated roaming agreements.

For transmitter site owners:

  • successfully represented site owner in litigation with broadcast station tenant in eviction action and recovered substantial damages recovery for radio frequency interference to other users at the site.
  • negotiated long term leases with wireless operators.
  • represented site owner successfully in dispute before FCC involving electronic interference between site lessees.
  • negotiated on behalf of telecommunications site owner a comprehensive lease agreement with multiple site lessees.

For police and public safety operators:

  • represented large police agency in connection with interference to vital public safety communications network caused by operations of a radio broadcast station.
  • represented fire district in dispute over interference with county government facilities.

For private carriers:

  • advised private carrier on compliance with federal and state regulations governing the provision of non-common carrier services in major metropolitan markets.
  • represented private carrier providing interstate service in multi-million dollar equipment financing.
  • represented private carriers in the multmillion dollar purchases of several other private carriers.
  • negotiated rights-of-way and service agreements with quasi-government authority, railroads, and state highway authority.

For investors in telecommunications:

  • prepared comprehensive analysis of telecommunications market and identified legal obstacles to potential investment.
  • prepared and filed applications with the FCC for participation in auction of PCS frequencies and advised investor on auction strategy.
  • advised in private placement for $20 million in securities for new technology-based telecommunication company.
  • advised in public offering of bonds.
  • Advised commercial bank in bankruptcy proceedings how to perfect lien on proceeds of sale of licenses radio broadcast stations.

For real estate developers and property owners:

  • negotiated infrastructure and service arrangements with ILECs and CLECs.
  • developed legal plan for a carrier chosen by developer to become an exclusive service provider in large residential development.
  • negotiated joint venture agreement and contracts between real estate and fiber optic broadband and infrastructure companies on telecommunications lines in major real estate developments.
  • successfully negotiated settlement for cable company intentional trespass on private real estate scene.
  • prepared dark fiber leases for developers for use with telecommunications companies.

For homeowner associations:

  • advised on interpretation of easement as prohibiting upgrade of service

For talent:

  • negotiated agreements for appearances in reality and non-reality scripted programming for broadcast and over television networks and cable networks.

For clients in defamation cases:

  • successfully represented elected official in libel claim against local newspaper.
  • successfully represented private party in libel/slander claim involving the Internet.
  • advised private persons and entities on potential defamation claims against private individuals.
  • provided advice to private parties on claims against commercial and non-commercial institutions for trade libel and slander.
  • advised public figure in defamation claim against network and local televisions stations.
  • successfully defended public figure in libel case brought by private person.
  • obtained large judgment in favor of commercial business for defamation against competitor who libeled commercial business on the internet.
  • successfully defended a person who posted alleged defamatory statements about another person on various websites as true.

For commercial litigation clients:

  • For a minority limited partner in a limited liability limited partnership:
    • forced a buyout from majority partners for seven figures where the partnership agreement did not provide for a buy-sell arrangement.
  • For a corporation:
    • successfully defended against a claim of trademark infringement.
    • obtained a judgment on the pleadings for alleged violation of state consumer protection laws by falsely advertising business services.
  • For a franchisee of a major franchiser:
    • secured a very favorable settlement for breach of contract.
  • For a broadcaster:
    • successfully defeated claims against a broadcast company for $11.3 million based on breach of contract and fraud. In same case, obtained a court ruling in favor of the broadcast company for distribution of $1.4 million that had been held in escrow pending finality of litigation.
    • advised commercial bank in bankruptcy proceedings how to perfect lien on proceeds of sale of licenses radio broadcast stations.
  • obtained large verdict for transportation company against a competitor for unfair competition.
  • obtained a permanent injunction for association against competitor using substantiating the same trade name.