Mr. Hardy is Of Counsel with Marashlian & Donahue, PLLC, The CommLaw Group. Practicing law for nearly 20 years, focused on the needs of broadcasters and other mass media outlets, Mr. Hardy delivers senior partner level services to clients at an associate attorney’s rate of $350 per hour, subject to a multi-year freeze on rate increases.
Consistent with The CommLaw Group’s mission to provide clients with greater predictability, certainty and control over outside legal expenditures, Mr. Hardy also offers a variety of common legal services pursuant to fixed-fee rates.
Nate’s practice encompasses a wide range of regulatory, transactional, intellectual property and public policy matters for communications and media clients including broadcasters, programming providers, streaming Internet content purveyors, and telecommunications and satellite service providers.
His experience covers the range of regulatory matters faced by entities subject to government or administrative oversight. Highlights of his regulatory practice include the prosecution of license reinstatement requests before the Federal Communications Commission, complex license modification requests to relocate radio stations to new communities, creating Equal Employment Opportunity compliance programs, securing a precedent setting cross-service interference protection waiver, and reductions of forfeitures assessed clients for FCC rule violations. Mr. Hardy also has extensive experience with the FCC’s spectrum auction process; including the application, bidding and licensing portions of auctions and seeking redress for unfavorable auction decisions rendered by the FCC.
Mr. Hardy’s transactional practice includes drafting and negotiating purchase agreements, licensing agreements, and programming and carriage agreements for clients. He also provides guidance and advice on intellectual property issues, including copyright and trademark registration and protection, and data collection and privacy matters, including compliance with the TCPA and TSR.
In the public policy arena, Mr. Hardy protects clients’ interests by shaping regulation and seeking unique solutions to complex, competing concerns. The highlight of his public policy experience was negotiating a settlement between the managers of the Appalachian Trail and the wireless communications industry for the siting of telecommunications towers along the trail. The settlement provided the users of the trail with the safety of wireless communications, while maintaining the beauty and integrity of this national treasure.
- Represented radio and television licensees on regulatory compliance issues before the Federal Communications Commission (“FCC”) including the prosecution of license reinstatement requests, complex license modification requests to relocate radio stations to new communities, created Equal Employment Opportunity compliance programs, secured a precedent setting cross-service interference protection waiver, and reductions of forfeitures assessed clients for FCC rule violations.
- Supervised spectrum auction participation for broadcast stations which included identification of desirable auction licenses, devising auction bidding strategies, licensing stations post- auctions, and negotiating settlements amongst mutually exclusive auction proposals.
- Drafted and negotiated purchase agreements for radio and television properties, from simple small market sales to large scale transactions involving complex multiple station ownership compliance issues.
- Crafted programming carriage election cycle strategies for television stations, drafted and negotiated retransmission consent agreements and prosecuted carriage complaints against national multiple video programming distributors.
- Advised clients on data collection practices, privacy, and consumer protection matters, including compliance with the Telephone Consumer Protection Act (“TCPA”) and the Telemarketing Sales Rule (“TSR”).
- Persuaded FCC to change proposed regulations in client’s favor in rulemaking proceedings, including easing public notification requirements for television stations during digital transition.
- Oversaw trademark registration and protection for clients, including identifying potential infringers, sending cease and desist notifications, and negotiating settlements amongst competing users.
- Managed copyright licensing compliance for radio stations’ streaming content on the Internet.
- Persuaded FCC to auction MVDDS licenses to multiple licensees, as opposed to a grant to one licensee, and participated in auction of service.
- Negotiated settlement for the construction of wireless telephone towers adjacent to the Appalachian Trail.
- Moderated panel on the siting of telecommunications towers near National Scenic Trails.
Mr. Hardy received his Bachelor of Arts, cum laude, from Wake Forest University and received his Juris Doctorate from the Catholic University of America, Columbus School of Law, with a certificate from the Institute for Communications Law Studies.
Mr. Hardy is admitted to practice in the District of Columbia. Member of Federal Communications Bar Association