Communications litigation has long been an important part of the litigation practice at Dow Lohnes. Having represented communications companies since shortly after the firm was founded (before the FCC was formed!), there is a rich history of cases and clients in the group. Today, the litigators at Dow Lohnes have broad experience in this field and have become familiar with the industries, businesses and individuals, as well as the statutes, regulations and case law that define this important and changing area.
Communications litigation arises in a variety of contexts and often presents unusual and complex challenges for businesses competing across technologies. The Dow Lohnes litigators work with the firm’s lawyers in the communications, telecommunications, internet and technology areas to bring the right combination of advocacy and substantive knowledge to every case. And the cases are quite varied. They involve cable, wireless, satellite, broadcast and Internet issues and may relate to media transactions, corporate governance, open access, radio and television affiliation agreements, syndication rights, cellular license rights, spectrum auctions and spectrum allocations, as well as copyright disputes including broadcast retransmissions.
On many occasions, communications litigation arises in the form of class action suits under communications statutes or involving media-related claims, and our litigators have defended clients in many such suits.
While most of the litigation is in federal district and circuit courts, Dow Lohnes litigators also represent companies and individuals in connection with Federal Communications Commission ("FCC") administrative litigation and enforcement actions involving cutting edge regulatory issues such as Universal Service, conversion to digital communication, interconnection and open access. Dow Lohnes litigators sometimes work with the firm's regulatory attorneys in proceedings before the FCC itself and, very frequently, represent clients in connection with appeals of FCC actions to the United States Circuit Courts of Appeal. Dow Lohnes litigators also represent companies in international communications disputes, including matters involving the International Telecommunications Union.
Representative communications litigation at Dow Lohnes includes the following:
- Represented competitive common carrier in three class actions filed against a fax spamming business and the common carrier under the Telecommunication Consumer Protection Act allegedly for sending, or “permitting” the fax spammer to send, unsolicited fax advertisements over telecommunications facilities. The federal suit in the Northern District of California claimed over $2 trillion. That case was dismissed on jurisdictional grounds and the related cases against the carrier were dropped.
- Represented large cable company in the Ninth Circuit and Supreme Court seeking to uphold FCC’s decision that cable modem service is an unregulated information service, rather than a telecommunications or cable service. After years of litigation, the Supreme Court ruled in favor of the cable companies.
- Represented competitive local exchange carrier (telephone carrier) in Ninth Circuit challenging FCC order concerning the rights of competitive carriers to select appropriate provisions from approved interconnection agreements filed by incumbent common carriers.
- Represented large cable operator in U.S. District Court for the Southern District of California defending against claim for interconnection by competitive provider of broadband services.
- Representing competitive local exchange carrier (telephone carrier) in U.S. District Court for the District of Oklahoma and before the FCC, seeking to overturn a state commission decision that effectively precludes the competitor from directly accessing the incumbent carrier’s facilities in multi-tenant buildings.
- Represent competitive local exchange carriers (telephone carriers) in federal District Courts and Circuit Courts in disputes concerning reciprocal fees and appropriate charges.
- Representing wireless telephone carriers in various federal investigations concerning the privacy of consumer information and the fraudulent activities of third parties.
- Represented large cable operator in the U.S. District Court for the Western District of Virginia in defending against class action alleging an illegal cable service fee. Ultimately, the suit was dismissed for lack of subject matter jurisdiction.
- Represented large cable operator in the U.S. District Court for the Western District of Louisiana in defending against suit alleging breaches of franchise agreement.
- Represented large cable operator in the U.S. District Court for the Western District of Louisiana in defending against suit seeking to force the operator to carry specific programming content.