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This year’s mergers-and-acquisitions boom is re-shaping industries and contributing handsomely to the bottom lines of leading investment banks. One statutory provision triggered in many transactions–not just those involving major wireless or satellite broadcasting companies–is Section 310(d) of the Communications Act of 1934, as amended. This provision requires that the FCC grant its prior consent to the assignment of radio station licenses or the transfer of control of a radio station licensee.
Continue Reading M&A Counsel: Don’t Overlook Section 310(d) of the Communications Act

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CTIA Offers to Unlock Devices; Will FCC Accept the Proposal?
As widely reported, CTIA responded positively in most respects to FCC Chairman Tom Wheeler’s November 14 letter requesting CTIA revise its Code of Conduct to incorporate five principles for unlocking wireless handsets, including the 3rd principle that calls for the wireless carriers to “affirmatively notify customers when their devices are eligible for unlocking and/or automatically unlock devices when eligible, without an additional fee.”
Continue Reading FCC Accepts CTIA’s Offer to Unlock Wireless

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In affirming the FCC’s Data Roaming Order, the D.C. Circuit rebuffed Verizon’s efforts to squash any obligation to enter into roaming agreements with competing wireless carriers. In Cellco Partnership v. FCC, No. 11-1135 (D.C. Cir. Dec. 4, 2012) (“Cellco”), the court found that the Commission had ample authority under Title III

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Over the weekend, the boards of both Sprint and Softbank agreed to terms under which the Japanese wireless carrier would acquire a 70% equity interest in Sprint, providing substantial cash infusion into Sprint.  In light Deutsche Telekom’s controlling interest in T-Mobile and Vodafone’s longstanding ownership interest in Verizon Wireless and that Sprint is often regarded

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When carriers routinely reject risk-balancing contract provisions based on “the business case,” deliver standard agreements that effectively eliminate the possibility of damages no matter how bad their services in a given instance, or demand iron-clad “preferred provider” clauses, the only conclusion is that the carriers do not perceive significant competition. While aggressive carrier positions are