| Radio & Television BroadcastOur broadcast team features lawyers who are fully dedicated to the industry and are experienced in all facets of the law relating to radio and television broadcast operations. Every day we deal with clients on broadcast transactions, regulatory and intellectual property issues, and litigation for our clients with stations in every state.
Our attorneys are involved in the industry, speaking regularly at industry and trade conferences and association meetings. Rarely will you go to an important industry event where a Davis Wright Tremaine attorney is not in attendance, and you will regularly see our attorneys quoted on broadcast matters in the trades as well as in the popular press. We also write the Broadcast Law Blog, which is visited every month by thousands of industry professionals, journalists and government insiders. The blog has in-depth articles on legal and industry developments and trends, as well as advisories on current legal issues, court rulings and FCC proposals, and reminders of critical regulatory deadlines.
We represent single-station licensees, group owners and trade and state broadcast associations across the country. We also advise broadcast lenders, program producers, consultants and others involved in the industry. We regularly work with all the professionals who are key to your success, including engineers, investment bankers, financial analysts and media brokers.
Our practice includes one of the most active broadcast transactional practices in the country. We help clients every day with all the FCC regulatory requirements in this industry, which is rapidly being re-regulated after years of deregulation. For instance, our attorneys are among the most prominent in dealing with broadcasters’ First Amendment and indecency issues. We are also in the forefront of all digital issues, representing broadcasters and Webcasters not only in connection with their over-the-air digital transitions, but also on music licensing and other regulatory and transactional needs in connection with their Internet operations.
For programmers, we regularly deal with pre-broadcast review obligations, as well as the ins and outs of the FCC’s political broadcasting rules and regulations. We can also protect your open access to governmental information.
We also help support clients on their advertising law, copyright and trademark needs.
Our in-depth experience enables us to provide quick response to your questions, meeting your needs for both timeliness and cost-effectiveness. And given our long history in the industry, chances are that no matter how complex or obscure the issue you might face, we likely have someone with experience in exactly that area. For the rest of your diverse business needs, we can easily draw on the resources of our full-service law firm to help you in a range of other areas, including corporate finance, real estate and employment. |
Selected Experience Counsel for intervenor CBS, Inc., in challenge to FCC indecency finding against 'NYPD Blue.' (Supreme Court) No. 08-0841 (filed Feb. 21, 2008) (2d Cir. Ongoing) Assist television station group with day-to-day FCC regulatory licensing and compliance issues, including provision of advice regarding satellite and cable carriage, digital television transition, and matters related to acquisition of stations. (Ongoing) Represent hundreds of broadcasters with thousands of broadcast stations across the country on all aspects of FCC regulation, including multiple ownership rules, FCC technical regulations, noncommercial broadcasting rules, the transitions to digital television and radio broadcasting, applications for new broadcast stations, political advertising issues, children's television programming and advertising restrictions, sponsorship identification, and other FCC and government regulations. (Ongoing) Represents CBS Corporation in a successful challenge of the FCC's indecency finding and $550,000 forfeiture penalty levied against CBS for the 2004 Super Bowl halftime show featuring Janet Jackson and Justin Timberlake. (3d Cir., U.S. Ongoing) Represent a number of state broadcast associations and the National Association of Media Brokers in counseling their members on FCC policy issues and other broadcast regulatory matters which could impact their members. (Ongoing) Organized and represented coalitions of broadcasters in FCC rulemaking proceedings, including the filing of comments on proposals for new FCC localism regulations, the relationship between FM translators and Low Power FM stations, the service to be provided by AM expanded-band stations, FCC embedded advertising proposals, and the proposals to re-allot TV channel 6 to radio use. (Ongoing) Represents CBS Corporation in a consolidated appeal challenging the FCC's application of broadcast indecency rules to 'fleeting expletives' in live awards shows and brief nudity in the program NYPD Blue. 07-582 (U.S. Ongoing) Counseling broadcasters, cable companies and others on the FCC's political broadcasting rules--including equal opportunities, lowest unit rates, reasonable access, and the Fairness Doctrine. (Ongoing) Regularly provide production and pre-broadcast advice for television programs, webcasts and documentary films, including 'South Park,' 'Tosh.0,' 'Californication,' 'House of Lies,' 'Dexter,' Kitchen Nightmares,' and 'Off Their Rocker.' (Ongoing) Negotiate agreements for the purchase and sale of radio and television stations and other transactional documents on behalf of numerous broadcasters, including companies that have been among the most active in buying and selling radio stations in recent years, and counsel clients on the FCC regulatory aspects of such transactions. (Ongoing) Assist radio station groups with day-to-day FCC regulatory licensing and compliance issues. (Ongoing) Represents a startup radio station group in acquiring and operating twelve stations in Denver and other Colorado markets. (Ongoing) Represents many broadcasters in their tower leasing and acquisition transactions. (Ongoing) Assist television broadcast company with FCC regulatory issues. (Ongoing) Represents television station operator for its acquisitions, finance and general broadcast matters. (Ongoing) Represents a growing Spanish-language television station group for its acquisition and finance matters, corporate and general broadcast regulatory and operations issues. Transactions include two full power and four Class A television stations. (Ongoing) Represented the small commercial webcasters and certain noncommercial webcasters before Congress and in the negotiations with the RIAA concerning the passage and provisions of the Small Webcasters Settlement Act. Representation of the small commercial webcasters in negotiations over Internet Radio royalty rates with SoundExchange following the passage of that Act, and in administrative litigation before the Copyright Royalty Board in the 2007 Internet Radio royalty proceeding. (Ongoing) Secured summary judgment dismissing libel suit which alleged that, on her radio program, Rhodes falsely stated that CACI interrogators were responsible for rape, murder and torture at Abu Ghraib prison. Affirming summary judgment, the 4th Circuit Court of Appeals held that statements were either not made with actual malice, based on findings of military investigations and news accounts, or were nonactionable hyperbole. (E.D. Va. 2008) Represented ACLU as amicus curiae in successful argument that state criminal libel statute is unconstitutional. 186 P.3d 1094, 145 Wash. App. 223 (2008) Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition and breach of contract. Obtained dismissal with prejudice on behalf of client. (2007) Defended breach of contract and fraud action related to acquisition of online educational technology, which was successfully resolved after extensive discovery. (2007) Clearance of music rights for the television broadcast by Smithsonian Networks of a concert tribute to Ella Jenkins titled 'Cellabration!' (2007) Obtained dismissal of defamation and invasion of privacy claims. (2006) Obtained summary judgment for employer in harassment and retaliation case, and prevailed on appeal to the 9th Circuit. 427 F.3d 1177 (9th Cir. 2005) On behalf of local broadcaster, granted summary judgment dismissing false light, intentional infliction of emotional distress, and outrage claims by former public official. 315 F. Supp. 2d 1105 (W.D. Wash. 2004) Represented client in successful challenge to county sign ordinance. WL 21781131 (W.D. Wash. 2003) Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled. (2d Cir. 2001) * Denotes experience completed at a prior firm | | Search Experience | | | |  |
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