Entertainment       Litigation       Policy       Privacy       Regulatory        Tribal Nations

The firm regularly represents clients in the communications, media, and entertainment industries, with a number of attorneys who have served as General Counsel or senior-level counsel at leading communications and media companies as well as at prominent communications practices at national law firms.

Entertainment

We represent entertainment and media clients across a broad range of platforms and technologies, with deep experience in cable and satellite television, Internet streaming, and satellite radio, as well as the production and multi-platform distribution of television programming, streaming video, and motion pictures. Our group assists both newly launched and established players in these industries in complex transactions, including negotiation of content distribution, affiliation, and production agreements, and a wide spectrum of entertainment law, licensing, intellectual property, and talent matters. Further, our past experience as in-house counsel and government policymakers gives us unique insight and enables us to provide sophisticated and practical advice.

Representative Matters:

  • Regularly advise feature film, television, streaming and documentary production companies on licensing, options, development, production, financing, rights clearance, and distribution matters.
  • Assisted a U.S.-based ownership group in launching a cable television and broadband system in an underserved foreign territory.
  • Advising content owners in pursuing all forms of online copyright infringement, including DMCA takedowns.
  • Representing television networks and MVPDs in negotiating programming affiliation and distribution agreements.
  • Providing counsel to the developer of a digital video watermarking technology in startup and commercial matters. 

Litigation

Our team has a deep bench of litigators who specialize in civil litigation related to entertainment, communications, and the technologies that support the nation’s networks.  From intercarrier disputes to consumer class actions to intellectual property, in federal courts and state courts, Potomac Law Group provides smart, efficient, and effective litigation counsel.  Our expertise extends to state and federal appeals from FCC and State Commission orders affecting the communications industry.

Representative Matters:

  • Mojica v. Securus Technologies, Inc., Summary judgment in nationwide class action entered for Securus on claims of unjust enrichment and violation of 47 U.S.C. Section 201 (W.D. Ark. June 29, 2018)
  • Global Tel*Link v. FCC, Reversal and vacatur of Federal Communications Commission order adopting rates and restrictions on ICS (D.C. Cir. 2017)
  • Smith v. Securus Technologies, Inc., Summary judgment entered for Securus on claims brought pursuant to the Telephone Consumer Protection Act (D. Minn. 2015)
  • Obtained voluntary dismissal of a consumer class action against a wireless carrier (Cricket Communications, now AT&T) alleging millions of dollars in unlawfully billed state excise taxes (E.D. Pa. 2013)
  • Verizon of Pennsylvania v. Nextel Communications, Defeated administrative claims alleging Nextel breached interconnection agreement by failing to pay $4.5 Million in access charges for wireless traffic (Pa. P.U.C. 2010)
  • Texas Ofc. Of Pub. Util. Counsel v. FCC, Partial reversal of Federal Communication Commission order that shifted the cost of interstate access charges onto consumer (5th Cir. 2001)
  • US West Communications v. MFS Intelenet, Inc., Obtained affirmance of interconnection agreement in first federal court review under Section 252 of the Telecommunications Act of 1996.
  • Won multistate AAA arbitration against Qwest Communications on behalf of national wireless carrier that was billed unlawfully for access charges on local wireless calls.

Policy

Our team has decades of experience in representing communications and entertainment companies before administrative agencies at both the state and federal level.  We operate at the meet-point of competition policy, communications statutes, and technological innovation to give our clients expert guidance and counsel in planning, building, and maintaining their businesses.

Representative Matters:

  • Advocating for procompetitive, pro-consumer Internet policy
  • Supporting the adoption of fair rates and policies applicable to Inmate Calling Services
  • Shaping policy for innovative technology, including obtaining the first-ever FCC authorization for IP Captioned Telephone Services (IP CTS) utilizing Automated Speech Recognition (ASR) exclusively to generate captioning on telephone calls

Privacy

As a subset of PLG’s broader Privacy and Cybersecurity expertise, our group counsels and assists companies with privacy protections specific to the telecommunications industry.

Representative Experience:

  • Telephone Consumer Protection Act – We have developed compliance and employee training programs for consumer-facing businesses such as call centers, data security firms, and financial services companies. We have also defended TCPA claims in federal and state courts around the country. 
  • Customer Proprietary Network Information – We assist clients with regulatory filings and best practices to safeguard data that reveals consumers’ usage of telecommunications services.

Regulatory

Consider Potomac Law Group your one-stop shop for all regulatory and compliance matters.  We routinely assist clients ranging from start-ups to some of the largest established competitive carriers with their state and federal reports, certifications, and assessments.  We work with companies whose services run the full gamut of telecommunications, including wireline and wireless telephony, broadband transmission, cloud services, messaging applications, and Voice over Internet Protocol (VoIP).  Our broad experience enables us to provide efficient advice for all members of this ever-changing industry.

Representative Experience:

  • Developing and implementing compliance plans to meet State and Federal regulatory obligations, including Emergency 911 Service, Telecommunications Relay Service, Numbering, and Universal Service Fund contributions
  • Advising companies subject to audit or investigation by the Universal Service Administrative Company, FCC, State Utility Commissions, and the FTC
  • Guiding companies through STIR/SHAKEN implementation
  • Obtaining service authorizations and certifications in all 50 U.S. states and the FCC
  • Obtaining and transferring licenses, including initial certifications, Eligible Telecommunications Carrier designations, and Special Temporary Authorities for both domestic and international companies
  • Drafting and negotiating vendor, finance, transmission, and end user agreements
  • Shepherding requests for pole attachments, interconnection agreements, and intercarrier agreements for installment of facilities in central offices, carrier hotels, and public rights-of-way

Tribal Nations

We have represented many Tribal Nations as they work to deploy and operate broadband networks on their respective Reservations.

Representative Experience:

  • Connect America Fund Phase II Auction (2018) – Won $4 Million in high-cost support for Northern Arapaho Tribal Industries d/b/a Wind River Internet to build out broadband in unserved areas.
  • Auction 904/Rural Digital Opportunity Fund Auction (2020) – Won approximately $8 Million in high-cost support for Wind River Internet to build out broadband to additional unserved areas on the Wind River Reservation.
  • ETC Status – Obtained Eligible Telecommunications Carrier status for Standing Rock Sioux Tribe.

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