Thomas J. Dougherty, Jr.
Thomas J. Dougherty, Jr. represents cable companies, broadband Internet access providers, EBS licensees, BRS licensees, CLECs, CAPs, mobile carriers, satellite systems, purchasers of communications and outsourced services, and broadcasters before the Federal Communications Commission, State PUCs, cable franchising authorities and the Federal courts. Mr. Dougherty's transactional work spans the gamut from business sales through asset and tax-deferred stock transactions to spectrum leasing and outsourcing.
A major focus of Mr. Dougherty's practice is transactions in communications properties and spectrum, including Secondary Market transactions in wireless spectrum, and outsourcing. His list of deals includes:
- The representation of AT&T in a number of transactions involving the acquisition or disposition of spectrum and other telecommunications assets, including its recent S2.5 billion purchase of 700MHz spectrum from Aloha Partners and its exchange of wireless markets and other assets with Verizon Wireless.
- The representation of AT&T in a large outsourcing transaction by which a Fortune 100 company acquired various communications services.
- The representation of cable companies in retransmission consent negotiations with television broadcasters.
- The representation of a large European city in the procurement of disaster communications systems and disaster response equipment, including helicopters.
- The negotiation of a long term agreement whereby a provider of Internet access services leased LMDS spectrum in several major markets.
- The preparation and negotiation of an agreement by which a major international travel agency procured call center services.
- Assisting AT&T in developing and negotiating the intellectual property provisions in a joint venture for the provision of services through the Internet.
- The negotiation and preparation of a Master Agreement and forms of de facto transfer lease agreements whereby Craig McCaw's Clearwire Corporation has or will lease the capacity of over 50 Educational Broadband Service ("EBS") stations from a consortium of EBS licensees for consideration exceeding $250 million in net present value.
- The negotiation and preparation of a membership purchase agreement whereby the holder of a Broadband Radio Service ("BRS") stations in Los Angeles sold those stations to Clearwire Corporation.
- The negotiation and preparation of over twenty agreements whereby a subsidiary of Sprint Nextel has leased the capacity of EBS stations.
- The negotiation and preparation of an agreement between resellers and a WiFi services provider for the resale of services provided by a city-wide WiFi system serving a major metropolitan area.
- The negotiation and preparation of a sub-license agreement between a WiFi services provider and its sub licensee for the construction and operation of a WiFi system serving a major urban airport.
- The negotiation and preparation of an agreement between a Fortune Top-30 retailer and a major mobile services provider for the provision of mobile services and equipment over a multi-year period for the retailer's stores and employees throughout the United States.
- The negotiation and preparation of a series of agreements between a Fortune Top-30 retailer and a major domestic and international provider of communications and information services for the provision of a variety of such services, including trunk service, frame relay service, domestic long distance, MPLS and managed Internet service, over a multi-year period.
- The negotiation and preparation of an agreement between a Fortune Top-30 retailer and an ILEC for the provision of tariffed trunk services.
- The negotiation and preparation of an agreement between a large, multi-state retailer and the U.S. affiliate of a Chinese telecom company for the purchase of telecom services.
- The negotiation and preparation of an agreement between a Fortune Top-100 seller of telecommunications systems and a consortium of 3 hospitals serving New York City for the sale and maintenance of a large telephone system based upon VoIP technology, including the negotiation of vendor financing provisions.
- The negotiation and preparation of a Master Agreement and the form of BRS lease and license purchase option agreements whereby a major mobile services provider has or will lease the capacity of BRS stations in over 15 major cities.
- Represented provider of telephone and Internet access services to private student dormitories.
Mr. Dougherty's practice before the FCC and PUCs includes:
- Obtaining certificates of public convenience and necessity for competitive local exchange carriers (CLECs).
- The representation of cable companies in obtaining rate deregulation from the FCC.
- The representation of companies participating in FCC spectrum auctions.
- The representation of broadcasters in renewal and station upgrade application matters.
- Providing ongoing advice on FCC actions that affect broadcasters, cable casters, CLECs and others subject to the FCC's jurisdiction.
- Filing comments for broadcasters, equipment manufacturers and cable casters in FCC rule making proceedings, including comments submitted on behalf of a large group of BRS licensees which the FCC relied upon to accord "flexible use" rights to BRS and EBS licensees.
- Advice on FCC regulations.
- Assisting lenders in structuring loans to broadcasters and cable casters.
- Assisting telecommunications service providers in complying with universal service fund (USF), CALEA, number portability, broadband reporting, slamming and other reporting, payment and compliance requirements of the FCC.
Publications, Articles, and Speeches
- Spectrum Issues Aren't the Only Concern for Companies Selling Wireless Equipment Within the United States and Abroad. Purchasing Telecommunications Services in the Wake of the WorldCom Debacle: What the Business User Needs to Know. Telecommunications Equipment Sale is Unregulated - Don't Count on It.
- Served as a member of the editorial board of the Law Review
- Member, Federal Communications Bar Association and the American Bar Association
- AV® rated by Martindale-Hubbell