Communications

Skadden has assisted in acquisitions, sales, investments, joint ventures, public and private issuances of debt and equity securities, and privatizations of telecommunications companies by foreign governments. We advise banks and investment firms on the issues arising from holdings in communications companies and methods for achieving goals while aligning with regulatory guidance. We counsel clients in the national security implications of transactions in the communications sector, including matters before “Team Telecom,” an executive branch group comprising the U.S. Departments of Justice, Defense and Homeland Security charged with reviewing the national security risks associated with foreign ownership for entities with pending applications before, or licenses granted by, the Federal Communications Commission. Our attorneys have helped clients obtain required CFIUS approvals, counseled on restructuring communications companies worldwide and represented clients dealing with the realignment of domestic and international regulations to adjust to rapidly changing communications technologies.

Skadden represents clients on commercial matters, such as structuring and negotiating agreements and contracts for multinational voice, data and video communications services, and handles agreements for telecommunications services, master services, technology licensing, content providers, capacity leasing, private lines, data protection, MVNO, technology development and distribution, resale, rights-of-way and pole attachment, cable and broadcast network affiliation, media rights, local marketing and time brokerage, and retransmission consent. In addition, our attorneys have structured both customer-facing and employee-facing information sharing, data privacy and network security policies.

We have handled diverse litigation, including for intellectual property and First Amendment-related issues, breach of contract suits, class actions and telemarketing complaints. We advise on antitrust and regulatory issues, often dealing with government agencies and international antitrust offices. We also advise clients on ways to address increasing threats to privacy and cybersecurity. Skadden has helped clients obtain federal and state regulatory approval to transfer control of communications companies and licenses, expand their businesses through innovative approaches to regulatory requirements, or enter the industry, including in hotly contested cases. We counsel clients on issues related to communications facilities including rights-of-way; mandatory access; zoning; and tower, pole attachment and site regulations.

The firm assists clients in developing positions and defending their interests in regulatory, policymaking, licensing and complaint proceedings before the Federal Communications Commission (FCC), the Federal Trade Commission, the U.S. Congress and the executive branch, as well as state and foreign governments. We have represented clients in connection with legislative proposals in Congress covering key aspects of communications regulation and advised entities regarding participation in FCC-conducted spectrum auctions. We also have worked with state public utility commissions and local authorities on issues affecting our clients’ ability to develop business and provide communications services.