The broadcasting practice of Dow Lohnes is among the oldest and largest in the United States. Currently, Dow Lohnes represents approximately 275 commercial television stations – the majority of which are major network affiliates – as well as more than 250 commercial radio stations throughout the country. It also represents banks and other financial institutions, investors, and a variety of other enterprises related to the commercial broadcast industry. Our broadcasting practice does not represent any of the major commercial broadcast television networks; instead, our practice historically and currently is dominated by affiliates of the major broadcast television networks as well as some of the emerging English and Spanish-language broadcast television networks.
In addition to assisting clients with all facets of broadcast regulatory policy, compliance, and litigation, Dow Lohnes broadcast lawyers are actively involved in broadcast transactions, from sales, acquisitions and financings, to operational ventures and programming agreements. In this regard, Dow Lohnes lawyers regularly represent clients in structuring, negotiating, and consummating acquisition, financing, local marketing, joint sales, management, and shared services agreements, from initial due diligence through closing and post-closing matters. In fact, Dow Lohnes has represented television broadcasters in a majority of all joint sales and shared services arrangements created over the past few years. The group also represents investment firms, commercial banks, and media companies in connection with private and public equity and debt financing transactions, as well as in restructurings and bankruptcy proceedings.
In terms of policy and advocacy, Dow Lohnes broadcast lawyers combine their business and legal skills in advising broadcast clients on major FCC policy initiatives, using both written advocacy in rulemaking proceedings and oral advocacy before the Commission and its Bureaus. This work extends beyond just Dow Lohnes’s traditional regulatory clients to include various consortia of similarly situated television broadcasters who share common business goals and needs for expert advice and advocacy.
On programming agreements, the firm’s communications attorneys regularly represent radio and television stations in all aspects of program acquisition and distribution. In addition to network affiliation and syndication agreements, they negotiate program development, production, licensing, and sharing agreements for broadcast programming between and among broadcasters, including news pooling and newscast production agreements. The broadcast attorneys counsel radio and television clients on content standards and legal requirements, and they assist broadcasters with securing and maintaining affiliations with major and emerging networks and with acquiring programming from syndicators and other suppliers. Dow Lohnes attorneys are well known as experts on the distribution (retransmission) of broadcast signals on cable, satellite, telco, wireless, VOD, mobile, and other distribution platforms. Television broadcasters regularly rely on Dow Lohnes communications attorneys for their most important distribution needs, including regulatory compliance, policy advocacy, contract negotiations and enforcement, exclusivity, and licensing.
Consequently, the breadth and scope of our representation of broadcasters permit us to provide our clients with expert advice on innovative legal, business, and strategic developments and opportunities.