EXPERIENCE

Our telecommunications assignments have included:

For interexchange carriers:

• 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 (CLEC):

• represented CLEC in interconnection and collocation proceedings before the FCC and state commissions.
• represented CLEC in tariff dispute before the state commission.
• 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.

For incumbent local exchange carriers:

• 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 .
• 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.

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.

For a telecommunications infrastructure company:

• advised in joint ventures with real estate developers.
• advised on master agreements for easements and rights of way.

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:

• prosecuted applications for zoning of towers.
• represented wireless provider in Enhanced Telecommunications Carrier (ETC) proceedings before state public utilities commission and 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.

For a real estate developers:

• 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.

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.

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