The CommLaw Group routinely assists clients with the basics of media regulation; from licensing matters before the Federal Communications Commission (“FCC”) to advertising restrictions promulgated by the Federal Trade Commission (“FTC”). The firm also guides clients through the more complex aspects of regulation, including multiple ownership restrictions; contest and sweepstakes rules; EEO requirements; indecency matters; political broadcasting requirements; complex license modifications; program carriage and access issues, including copyright licensing; and accessibility requirements such as closed captioning and video description. We also represent clients before courts and administrative agencies to respond to inquiries, investigations and enforcement actions.

Media clients must also address regulatory issues raised by the collection, retention and utilization of customer, user and viewer data. As more of this data is collected from websites, marketing programs, and social media, companies must create and consistently update compliance programs to ensure that they are complying with evolving regulation at the local, State and Federal level. The implications of statutory consumer privacy and data security regulation are currently being examined by the courts and governmental agencies. The CommLaw Group advises clients on this maturing area of law and creates compliance programs consistent with industry best practices to minimize client liability.

Regulatory Issues

The CommLaw Group participates in rulemakings and other proceedings before the FCC; FTC; Copyright Office; U.S. Patent and Trademark Office; and other administrative bodies to shape regulation to the benefit of our clients. The firm also consults with members of Congress; officials in the Executive Branch; and agency commissioners and their staffs to craft legislation to better suit our clients’ interests. Some of the issues that we have addressed in the policy arena on behalf of our clients include spectrum utilization and optimization policy; media ownership and diversification; program carriage and access regulation; and FCC licensing policy.

Policy Formulation

The firm understands the business needs of its clients and can guide clients in creating and structuring the appropriate corporate forms to achieve their goals and comply with FCC regulations, including foreign ownership restrictions. The CommLaw Group’s attorneys have experience forming corporations, partnerships, joint ventures, and limited liability companies to meet any business model. The firm also creates stockholder, investor and other ownership agreements for its clients. Additionally, our firm’s expertise in Internet and computer law helps provide clients with exceptional counsel on all aspects creating an Internet presence, including domain name registration and protection; creating website development and hosting service agreements; drafting and reviewing website Terms of Use agreements; creating applications for mobile devices; creating streaming and/or on-demand services; drafting and negotiating advertising agreements, such as interactive marketing campaigns and 'Click Wrap' agreements; and creating user-generated content networks, including social networks.

Corporate Formation

The CommLaw Group assists media clients with all of their transactional needs by drafting, reviewing and negotiating a variety of agreements on their behalf. The firm has extensive experience with asset and stock purchase agreements; financing agreements; program carriage and retransmission consent agreements; program distribution and licensing agreements; network affiliation and syndication agreements; time brokerage and joint sales agreements; commercial leases; and talent and production agreements.

Transactional Competence

The CommLaw Group is well versed in the FCC’s spectrum auctions process. The firm advises clients on selecting permits or allotments on which to bid; obtaining appropriate bidding credits; complying with the FCC’s bidding arrangement and anti-collusion rules; auction bidding strategies; and completing the licensing process post-auctions.

Spectrum Auctions

Content is the currency of media providers. The CommLaw Group assists its clients in obtaining quality content; taking advantage of the wide range of content distribution channels available to them; and protecting the intellectual property rights of its clients in the content to ensure that they receive full value for their property.

The firm negotiates licensing and affiliation agreements for a wide variety of media content for its clients, including network affiliation agreements; third-party content licensing agreements; and Terms of Use for user-generated content. The CommLaw Group assists clients in complying with statutory licenses, including the royalty fee payments and recordkeeping requirements of statutory webcasting licenses. Additionally, the firm represents its clients’ interests in license fee disputes before administrative bodies, such as the Copyright Royalty Board, and industry representatives, such as ASCAP, BMI, SESAC, Inc., and SoundExchange.

The CommLaw Group has extensive experience negotiating content distribution and program carriage agreements for its clients, including cable and satellite carriage agreements. However, the firm’s background in broadband and wireless service regulation provide a distinctive edge to its clients as content providers must explore new distribution models beyond these traditional models to stay competitive. Further, when distribution disputes arise, The CommLaw Group is versed in the nuances of the FCC’s broadcast carriage rules and contractual remedies to provide positive solutions to conflicts for its clients.

Content Acquisition & Distribution

It is imperative for content providers to understand the intellectual property concerns associated with acquiring, utilizing and distributing media. The CommLaw Group assists clients in securing and protecting the copyrights in and trademarks of the content that media providers create, license or distribute. The firm also advises clients on potential intellectual property liabilities of new distribution platforms and the utilization of content in new services and devices, including “safe harbors” available in the Communications Decency Act and the Digital Millennium Copyright Act (“DMCA”); submitting “take-down” notices under the DMCA; and defending against invalid DMCA take-down notices.

Content Protection