WilmerHale
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Mass Media
Regulatory and Government Affairs

In today’s competitive environment, where broadcast television and other video programming services are converging with voice and data offerings, we are ideally positioned to assist both traditional players and new entrants, as well as their investors and lenders. For example, we have advised Bell companies on the Federal Communications Commission (FCC) rules governing their use of broadband facilities to offer video programming.

For more than 40 years, we have assisted our clients in interpreting regulations and obtaining favorable FCC rules governing radio and television stations and networks. We have both a former general counsel of the FCC and a former general counsel of the National Association of Broadcasters on our legal team.

Our lawyers have substantial experience with the critical regulatory issues facing media firms today, including indecency and other broadcast content questions, media ownership limitations, cable and satellite carriage and retransmission consent obligations, foreign ownership restrictions, and the digital television transition.

We have represented news organizations (both broadcasters and print media) in a variety of matters involving the First Amendment, the Freedom of Information Act, laws governing the public's right of access to judicial proceedings, and libel and privacy issues. We have also represented a leading association of broadcasters in connection with a number of FCC proceedings on various regulatory issues.

In recent mass media matters, our lawyers have

  • Represented the major television networks and their trade association in their national court litigation against Direct Broadcast Satellite (DBS) operators such as EchoStar in which we have obtained injunctive relief, enforcing television station carriage limitations on these new entrants, and in related FCC proceedings
  • Negotiated and obtained antitrust and/or FCC clearances for dozens of radio and television station sales and acquisitions, including application of the FCC's controversial media ownership rules
  • Assisted cable programmers in negotiating carriage by cable systems
  • Represented a major television network in proceedings before the FCC concerning network-affiliate relations
  • Represented news organizations (both broadcasters and print media) in a variety of matters involving the First Amendment, the Freedom of Information Act, laws governing the public's right of access to judicial proceedings and issues of libel and privacy
  • Advised telephone companies on the FCC rules governing their use of broadband facilities to offer video programming
  • Counseled financial institutions about FCC ownership and other restrictions governing their broadcast investments