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Telecommunications and Media

Industry Team

Profile
Sectors
Services
Experience
People

Harris Beach has a long history representing telecommunications industry clients. In the wireless area, we drove groundbreaking litigation in interpreting the 1996 Telecommunications Act. This litigation related to the ability of municipal power authorities to regulate the siting of telecommunications towers and concluded with favorable results for our clients. Our Telecommunications team is led by a former chairman of the New York State Public Service Commission who, as head of one of the country’s leading state regulatory bodies on telecommunications, established numerous major policies and regulatory initiatives.

To address the complex business, technological, and regulatory challenges of the telecommunications industry, Harris Beach offers comprehensive legal services for all transactional, regulatory compliance, and litigation matters. We represent many companies, including those focused on wireless service, optics, cable, satellites, cellular telephones, internet, IP telephony, and WiMax, as well as manufacturers of communications equipment, companies that purchase and sell communications services, and broadcast radio and TV stations. In addition to transactional and regulatory matters, we represent cable television providers and telecommunications carriers on franchise, First Amendment, libel, and system development issues.

Our Telecommunications Industry Team counsels clients regarding franchise agreements, municipal ordinances, construction and use of dark fiber, zoning regulations, and state and federal statutes applicable to the industry. Our extensive experience enables us to advise on a wide range of issues such as negotiating vendor-financing agreements, executing mergers and acquisitions, managing equipment purchasing transactions, implementing contracts, securing capital funds for deployments of wireless networks, coordinating leases for multi-site tower placements, negotiating interconnection with incumbent carriers, registering and enforcing patents for manufacturers, selling fiber optic rights, preparing bankruptcy restructurings/ settlements, and much more. We also guide clients on government relations and strategic planning initiatives related to economic development, state and federal regulatory affairs, and policy decisions. In an environment with such rapidly evolving technologies, our strong knowledge of the technical, legal, and regulatory matters faced by telecommunications companies is valued by our clients. With them, we share extensive industry knowledge, identify emerging trends, and develop legal solutions to help them move ahead of issues and compete more effectively.

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Commercial Real Estate, Construction, and Environmental

Construction and licensing of new facilities and stations is another way our attorneys assist clients in the telecommunications industry. We provide a full range of services, including negotiating leases and purchases of real estate, providing environmental assessments, preparing for state environmental reviews, and preparing all contracts associated with construction.

Corporate and Tax Planning

From the formation of entity structures to the execution of contracts, our attorneys implement joint ventures, divestitures, mergers, and acquisitions. We counsel clients on all aspects of federal, state, and international taxation including federal excise tax issues. Our attorneys assist in the negotiation of franchise agreements, implementation of name changes, purchase and sale of broadcast station licenses, financial restructuring of distressed companies, and many other matters.

Intellectual Property

With the worldwide explosion in technology, protecting intellectual property (IP) is now a critical need. Harris Beach is at the forefront of counseling clients on IP protection as well as enforcing their IP property rights. We register trademarks and patents, assist in managing IP portfolios, help clients maximize IP assets through licensing, and litigate when needed. In both the United States and worldwide, we have successfully prosecuted patents in a wide variety of technologies.

Labor and Employment

Harris Beach handles all aspects of labor and employment law and litigation for telecommunications manufacturers and service providers alike, including occupational safety and health, employers’ rights, employment regulations, collective bargaining, negotiations, labor contract administration, employment discrimination, employee benefits, transitional liability for labor and pension obligations following acquisitions, and personnel policies. Our attorneys have extensive trial experience with all types of discrimination, including age, gender, sexual harassment, national origin, race, religion, and disability matters.

Litigation and Defense

Our attorneys have earned a national reputation for effectively defending difficult and often highly-charged cases on behalf of some of the world’s largest companies, including international media companies. We successfully represented a cell phone manufacturer, serving as regional counsel in a national class action claiming a brain cancer link to cell phones. When faced with potentially high verdict cases, our attorneys achieve reasonable settlements or summary judgment while maintaining a low profile for our clients. We also assist clients with insurance litigation (including directors and officers policies), and subrogation actions.

Regulatory Compliance and Oversight

To ensure compliance with federal telecommunications regulations and other laws, we counsel clients on all statutes governing the industry and provide advice regarding the Federal Communications Commission and state Public Service Commissions. Our attorneys address rulemaking, market-opening, and other competition issues in arbitration proceedings before state public utility commissions. We obtain authorizations for our clients to provide services in particular jurisdictions and assist with assignments of certificates.

Zoning and Land Use

Our attorneys appear before state agencies and local planning and zoning boards to help our clients obtain special use permits, variances, and building permits for telecommunications facilities. We also offer legal counsel to private property owners in matters involving licenses, rights-of-way, and easements.

Team Leader(s)

William Flynn

William M. Flynn

Member

Team

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 July 24, 2020
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In welcome news for employers, the U.S. Department of Homeland Security (DHS) has once again agreed to extend its exercise of discretion to ...read more
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 June 26, 2020
New York, New Jersey and Connecticut Issue Travel Advisory Requiring Quarantines for Travelers from Other States
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to vol...read more
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 May 21, 2020
New York State Courts to Expand New Lawsuit Filings via NYSCEF and Continue Limited In-Person Reopening Process
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 May 15, 2020
New York State Courts to Carefully Reopen In-Person Processes in Thirty Upstate Counties with Restrictions in Place Statewide
By press release, the New York State Unified Court System announced a gradual return to in-person courthouse operations for thirty upstate, ...read more
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 April 23, 2020
Summary of New York Executive Orders During COVID Pandemic
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 April 9, 2020
Summarizing Gov. Cuomo’s Latest COVID-19 Executive Order – No. 202.14
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 April 1, 2020
Emergency Loans Available to Small Businesses Under CARES Act
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 April 1, 2020
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The CARES Act (the "Act"), signed into law on March 27, is a wide-sweeping stimulus package, estimated at $2.2 trillion, that provides small...read more
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 March 16, 2020
Disaster Emergency in New York State Prohibits Certain Telemarketing Calls
On Saturday, March 7, New York Governor, Andrew Cuomo, issued Executive Order No. 202 declaring a disaster emergency in the State of New Yor...read more

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Telecommunications and Media

Industry Team

■ Profile

Harris Beach has a long history representing telecommunications industry clients. In the wireless area, we drove groundbreaking litigation in interpreting the 1996 Telecommunications Act. This litigation related to the ability of municipal power authorities to regulate the siting of telecommunications towers and concluded with favorable results for our clients. Our Telecommunications team is led by a former chairman of the New York State Public Service Commission who, as head of one of the country’s leading state regulatory bodies on telecommunications, established numerous major policies and regulatory initiatives.

To address the complex business, technological, and regulatory challenges of the telecommunications industry, Harris Beach offers comprehensive legal services for all transactional, regulatory compliance, and litigation matters. We represent many companies, including those focused on wireless service, optics, cable, satellites, cellular telephones, internet, IP telephony, and WiMax, as well as manufacturers of communications equipment, companies that purchase and sell communications services, and broadcast radio and TV stations. In addition to transactional and regulatory matters, we represent cable television providers and telecommunications carriers on franchise, First Amendment, libel, and system development issues.

Our Telecommunications Industry Team counsels clients regarding franchise agreements, municipal ordinances, construction and use of dark fiber, zoning regulations, and state and federal statutes applicable to the industry. Our extensive experience enables us to advise on a wide range of issues such as negotiating vendor-financing agreements, executing mergers and acquisitions, managing equipment purchasing transactions, implementing contracts, securing capital funds for deployments of wireless networks, coordinating leases for multi-site tower placements, negotiating interconnection with incumbent carriers, registering and enforcing patents for manufacturers, selling fiber optic rights, preparing bankruptcy restructurings/ settlements, and much more. We also guide clients on government relations and strategic planning initiatives related to economic development, state and federal regulatory affairs, and policy decisions. In an environment with such rapidly evolving technologies, our strong knowledge of the technical, legal, and regulatory matters faced by telecommunications companies is valued by our clients. With them, we share extensive industry knowledge, identify emerging trends, and develop legal solutions to help them move ahead of issues and compete more effectively.

■ Services

Commercial Real Estate, Construction, and Environmental

Construction and licensing of new facilities and stations is another way our attorneys assist clients in the telecommunications industry. We provide a full range of services, including negotiating leases and purchases of real estate, providing environmental assessments, preparing for state environmental reviews, and preparing all contracts associated with construction.

Corporate and Tax Planning

From the formation of entity structures to the execution of contracts, our attorneys implement joint ventures, divestitures, mergers, and acquisitions. We counsel clients on all aspects of federal, state, and international taxation including federal excise tax issues. Our attorneys assist in the negotiation of franchise agreements, implementation of name changes, purchase and sale of broadcast station licenses, financial restructuring of distressed companies, and many other matters.

Intellectual Property

With the worldwide explosion in technology, protecting intellectual property (IP) is now a critical need. Harris Beach is at the forefront of counseling clients on IP protection as well as enforcing their IP property rights. We register trademarks and patents, assist in managing IP portfolios, help clients maximize IP assets through licensing, and litigate when needed. In both the United States and worldwide, we have successfully prosecuted patents in a wide variety of technologies.

Labor and Employment

Harris Beach handles all aspects of labor and employment law and litigation for telecommunications manufacturers and service providers alike, including occupational safety and health, employers’ rights, employment regulations, collective bargaining, negotiations, labor contract administration, employment discrimination, employee benefits, transitional liability for labor and pension obligations following acquisitions, and personnel policies. Our attorneys have extensive trial experience with all types of discrimination, including age, gender, sexual harassment, national origin, race, religion, and disability matters.

Litigation and Defense

Our attorneys have earned a national reputation for effectively defending difficult and often highly-charged cases on behalf of some of the world’s largest companies, including international media companies. We successfully represented a cell phone manufacturer, serving as regional counsel in a national class action claiming a brain cancer link to cell phones. When faced with potentially high verdict cases, our attorneys achieve reasonable settlements or summary judgment while maintaining a low profile for our clients. We also assist clients with insurance litigation (including directors and officers policies), and subrogation actions.

Regulatory Compliance and Oversight

To ensure compliance with federal telecommunications regulations and other laws, we counsel clients on all statutes governing the industry and provide advice regarding the Federal Communications Commission and state Public Service Commissions. Our attorneys address rulemaking, market-opening, and other competition issues in arbitration proceedings before state public utility commissions. We obtain authorizations for our clients to provide services in particular jurisdictions and assist with assignments of certificates.

Zoning and Land Use

Our attorneys appear before state agencies and local planning and zoning boards to help our clients obtain special use permits, variances, and building permits for telecommunications facilities. We also offer legal counsel to private property owners in matters involving licenses, rights-of-way, and easements.

■ People

Team Leaders

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com

Team

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com

Roy R. Galewski

Member
(585) 419-8661
rgalewski@harrisbeach.com

Michael J. Masino

Member
(585) 419-8624
mmasino@harrisbeach.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com

Michelle K. Piasecki

Member
(518) 701-2741
mpiasecki@harrisbeach.com

Neal L. Slifkin

Member
(585) 419-8636
nslifkin@harrisbeach.com

Raymond J. Stapell

Counsel
(716) 200-5137
rstapell@harrisbeach.com

Pietra G. Zaffram

Member
(716) 200-5112
pzaffram@HarrisBeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 23, 2023 12:58 pm
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