Representative Experience

At the request of the Massachusetts Department of Telecommunications and Energy (DTE), a Foley Hoag partner served as special magistrate, conducting eight hearings around the Commonwealth of Massachusetts for 112 cities and towns, and preparing a report on US West’s purchase of Continental Cablevision. This partner also served as special magistrate, at the request of DTE, to conduct hearings on behalf of 28 cities and towns in connection with Charter Communications’ purchase of Greater Media Cablevision. In response to other DTE requests, this partner conducted hearings around the Commonwealth of Massachusetts for 200 cities and towns and prepared reports on AT&T’s proposed purchases of MediaOne and Cablevision. In each case, the partner’s report analyzed the merger proponents’ proposals against the criteria cities and towns must consider in approving the proposed transfer of control of their cable licenses. The reports also made final, non-binding, recommendations to the cities and towns on the proposed transfer.

Advised a CLEC on the negotiation of competitive-access provider agreements with telecommunications providers wishing to use a comprehensive network of local high-speed circuitry in the Boston area

Negotiated, on behalf of the City of Boston, a cable television license with RCN-BecoCom LLC. The license will permit RCN to construct a second cable system in the city. Because of that negotiation, RCN will provide the city with two strands of dark fiber, along with high-speed cable modem service to all public schools. These two negotiations mean Boston will be one of the first cities in the country to have a major cable overbuild.

Represented PrimeTime 24 Joint Venture, a satellite carrier, in lawsuits around the country against the major broadcast networks and their affiliates, as well as against the National Football League, DirecTV, Inc., EchoStar Satellite Corp., and others. This representation extended to proceedings before the Federal Communications Commission and the United States Copyright Office concerning the Satellite Home Viewer Act. As well as to hearings in the United States Congress concerning the amendment of that act, eventually leading to the Satellite Home Viewer Improvement Act of 1999.

Represented one of the regional bell operating companies in a wide variety of technology related matters. In addition to obtaining patents for our client’s technology, we negotiated substantial domestic and cross-border technology acquisition and divestiture agreements on the client’s behalf. We also assisted in structuring intellectual-property ownership and licensing relations between our client and its business relationships.

Advised Teleport Communications Boston, a wholly owned subsidiary of AT&T, since 1991. We helped our client establish a new regulatory framework, after drastic regulatory changes in the telecommunications landscape, and then helped secure approvals for installation of its fiber optic network in the greater Boston area.

Represented a wireless Internet Service Provider (ISP) in obtaining a critical decision from DTE, which broadened the scope of DTE’s existing pole-attachment regulations, to include locations for wireless providers

Negotiated, on behalf of our client Hasbro, the terms of a SONET agreement with Verizon

Represented AT&T Corp. regarding its regulatory initiatives in the greater Boston area. This included successful opposition to a high-profile legislative proposal for the taxation of telecommunications networks in Boston, which would have far-reaching impacts on the industry.

Represented the City of Boston in negotiating a cable television renewal license with Cablevision Systems. The agreement provides for a 10-year license renewal in exchange for the upgrade of the Cablevision plant. It also provides for Cablevision’s commitment to supply the City of Boston with a wide-area-network, connecting approximately 300 public buildings, including provision of high-speed cable modem service to all of the public schools.

Represented Sprint Communications Company, L.P. in a dispute with a local exchange carrier concerning the proper amount of the carrier’s access fees

Acted as counsel for the Town of Barnstable in a dispute with the owner of a radio tower under the Telecommunications Act of 1986. This involved local regulation of the height and use of the tower.