Communications

Why Wilson Sonsini

Since the start of the digital revolution—when Silicon Valley earned its name through the pioneering visions of its many fearless entrepreneurs—Wilson Sonsini has been a steward of innovation, providing expert counsel to companies and individuals whose disruptive technological advancements continually challenge and reshape the legal and regulatory landscape.

This extends to the communications sector. As information technology has evolved, the communications regulatory landscape has become increasingly complex. In the past, there was a clear distinction between tech and telecom companies, which made regulatory requirements relatively easy to silo. Today, however, as industries have matured and new markets have been created, both emerging technology companies and established communications providers increasingly fall under the FCC’s regulatory oversight. Indeed, the convergence of tech and telecom has positioned the FCC as an agency that can impact business models and product development strategies in myriad ways.

That is why our communications regulatory practice is anchored by a core team of lawyers with expertise in a range of highly relevant practice areas and industries:

• Communications and Networking
• Mobile Devices
• Technology Transactions
• NewSpace and Unmanned Aircrafts
• Team Telecom
• National Security (CFIUS and Export Trade)
• Data, Privacy, and Cybersecurity
• Internet Strategy and Litigation
• Antitrust and Competition
• Artificial Intelligence and Machine Learning
• Digital Media and Entertainment

What We Do

Our communications team routinely assists clients in navigating the highly complex and rapidly evolving legal and regulatory landscape. Whether negotiating high-stakes technology transactions, guiding strategy on product development, or representing companies in rulemakings and adjudicatory proceedings, we take pride in providing premier, results-oriented service.

Wilson Sonsini routinely represents entities and individuals in business-critical mergers, acquisitions, and transfers of control of FCC-regulated entities and assets. Our extensive experience spans advising venture-backed companies, established communications providers, new market entrants, and investors and commercial banks, debtors, and creditors regarding FCC licensing in transactional contexts, including in the following areas:

• The legal requirements and process for obtaining, assigning, and transferring control of FCC licenses and structuring transactions to ensure regulatory compliance or mitigate the effect of these legal requirements
• Due diligence in transactions involving FCC-regulated targets and assets
• Ownership attribution of FCC licenses and structuring transactions to address such attribution
• Petitions for declaratory ruling to exceed foreign ownership benchmarks under the Communications Act
• Reviews by U.S. national security regulators (e.g., CFIUS and Team Telecom)
• Regulatory compliance and business issues associated with U.S. market entry

In addition, we work with companies and investors to prepare for and solve regulatory problems associated with a wide range of communications regulatory issues, including:

• Regulatory authorizations: We assist clients in understanding and proceeding with processes to secure FCC licenses and authorizations—for instance, for clients developing new space-based technologies, understanding the process to acquire space station, earth station, or experimental licenses, market entry, or Special Temporary Authorizations (STAs).
• Compliance considerations: We guide new market entrants in obtaining access to frequency bands, managing corporate regulatory compliance, and understanding best practices within their industries.
• Commercial issues: We assist companies in crafting agreements to acquire regulated services that avoid the undue allocation of regulatory burdens to parties not yet equipped to handle those issues.
• National security issues: We represent clients in navigating the FCC’s many recent national security-focused initiatives, including procurement issues related to the FCC’s Covered List and the national security review of acquisitions and transfers of International Section 214 Authorizations.
• Spectrum policy: We advocate for our clients in shaping spectrum policy, both domestically and internationally, to safeguard their interests.
• Enforcement: Government investigations demand swift, expert legal attention. When it comes to FCC investigations and enforcement actions, the stakes are higher due to the complexity of the regulatory landscape. Navigating these challenges requires in-depth knowledge of the FCC’s rules, industry practices, and enforcement protocols.

Who We Represent

Our communications attorneys advise a wide range of clients from virtually all segments and related sub-sectors of the communications industry, including internet service and online content providers, digital media companies, cloud storage and business data service providers, software developers, and equipment manufacturers. We represent both emerging technology companies and established communications providers that must align their business operations or investment activities with both longstanding statutes and newer laws and regulations that govern the backbone of our domestic U.S., global, and now extra-terrestrial communications.

Our communications and networking clients are engaged in all aspects of the industry, including wireline and wireless voice and data, broadband, video, and satellite communications. Our clients’ business activities involve manufacturing and marketing computer networking equipment; expanding underlying networking technologies such as communications-specific semiconductors and optical switches; deploying networking systems; and developing wireless equipment, software, and services.

We also represent clients in the unmanned aircraft and NewSpace sectors, both of which fall within the scope of FCC regulatory scrutiny. In addition to representing clients that include drone and launch vehicle manufacturers, satellite operators, and servicers, we advise venture capital firms and other investors on regulatory impediments, due diligence, and other areas.