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Marc S. Martin
- Firmwide Chair, Communications Industry Group
- Washington, D.C.
Marc is a seasoned lawyer, offering guidance to leading technology companies on transactional and regulatory matters.
Marc Martin structures, negotiates, and provides strategic counseling for telecom, media, and technology transactions. These include licensing and distribution agreements, joint ventures, technology procurement agreements, and other matters involving information technology assets, telecommunications facilities and spectrum licenses, and programming and digital media.
Marc counsels clients on legislative and regulatory developments concerning artificial intelligence (AI) and generative AI technology. He advises on, drafts, and negotiates transactions involving mobile wireless, broadcast, cable, satellite, and online network platform assets and businesses. Marc represents companies, entrepreneurs, and investors before the Federal Communications Commission, Executive Branch, Congress, and the courts in matters involving telecom, media, and technology transactions, policy issues, and enforcement proceedings. He also guides manufacturers of new consumer products on the regulation of extended warranties, service contracts, and device insurance.
Marc is ranked as a leading communications lawyer by Chambers USA and holds numerous leadership positions in the firm.
Areas of focus
Education & Credentials
Education
- Georgetown University Law Center, LL.M., International and Comparative Law, 1993
- Syracuse University College of Law, J.D., cum laude, 1991
- Connecticut College , B.A., with distinction, 1987
Bar and Court Admissions
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District of Columbia
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Michigan
Professional Recognition
Received a 2018 Readers’ Choice Award from JD Supra for articles tracking the rise and fall of net neutrality and broadband privacy
Listed in Best Lawyers in America: Communications Law, 2017-2024
Ranked by Chambers USA as “America’s Leading Lawyer" for Telecom, Broadcast & Satellite, 2011-2024
Listed in Washington, D.C. Super Lawyers for Communications, 2014-2020
Impact
Professional Leadership
- Legal Aid Society of the District of Columbia, Board of Trustees, Member, 2011-2015
- Federal Communications Bar Association
Insights
News
Professional Experience
Communications and Technology Transactions
Acquisition by 11:11 Systems, Inc.
Represented 11:11 Systems, Inc. in the acquisition of Green Cloud Technologies, LLC, an independent channel-only cloud Infrastructure-as-a-Service provider including advice relating to fiber lease agreements.
Android RCS Messaging Agreement With Leading Wireless Carriers
Negotiated agreement to provide Android-based rich communications services (RCS) messaging interoperability with a limited liability company composed of the leading U.S. wireless carriers.
Wireless Carrier Negotiations to Provide Voice and Data Functionality for Smart Watch
On behalf of leading technology platform company, provide regulatory and transactional advice relating to negotiations with leading domestic and foreign wireless carriers for deals by which they will distribute new smart watch device.
5G Cloud Hardware as a Service Joint Distribution Agreement Between Tech Platform and Wireless Carrier
On behalf of the tech platform cloud provider, structured and negotiated unique joint distribution arrangement with leading wireless carrier.
Advise Leading Video Streaming OTT in Litigation with City Seeking Franchise Fees
Represent a leading video streaming over-the-top (OTT) provider in a litigation where a city is improperly seeking payment for cable system franchise fees.
Represent Tech Platform Launching Nationwide Roaming WiFi Network
Represent a leading technology platform’s startup venture to establish a nationwide interoperable Wi-Fi network with simplified roaming functionality.
Represent Cloud Provider in Interoperability Deals With Carriers Worldwide
Represent a cloud provider in its effort to add communications features in its video and cloud services by striking deals with telecom and broadband carriers domestically and abroad.
Advise Energy Utility on Dark Fiber Matters
Advise a leading energy utility on methods and risks related to monetizing available dark fiber to broadband and telecom providers. Drafted template dark fiber indefeasible rights of use (IRU) agreement.
Advise Device Manufacturer on Service Contract and Device Insurance Regulatory Compliance Issues
Represent a leading enterprise and consumer device manufacturer on regulatory and legal issues relating to the sale of service contracts and device insurance domestically and abroad.
Sprint Multibillion-Dollar Spectrum Rebanding Project
Created purchase and related agreements by which broadcast television industry purchased and had installed new digital broadcast auxiliary service equipment at Sprint’s expense and negotiated related agreements and issues with individual broadcasters and the National Association of Broadcasters.
Negotiation of Sprint’s 2.5 GHz Spectrum Leases
Represented Sprint in structuring and negotiating spectrum license and lease transactions.
Technology Supplier Agreements
Represent a leading aerospace manufacturer in revising and updating its software-as-a-service (SaaS), enterprise telecom, and other technology supplier agreements.
RFP and Master Services Agreements
Counsel a leading wireless carrier in the negotiation of vendor procurement requests for proposals (RFPs), master services agreements. and compliance counseling relating to wireless devices.
Resale (MVNO) Agreement
Negotiate wireless resale, or mobile virtual network operator (MVNO), agreements on behalf of multiple clients.
Transition Services Agreement
Represent a leading telecommunications network support vendor in the negotiation of its transition service agreements and amendments of its core contract with its customer.
Mergers and Acquisitions FCC Consents
Represented numerous clients in connection with obtaining U.S. Federal Communications Commission (FCC) consent for proposed mergers and acquisitions involving parties holding FCC authorizations and licenses, including Sprint, Clearwire, Pandora, Nextel, and others.
Novel Internet Access Partnership Agreement
Drafted model agreement for novel partnership between a leading technology company and foreign telco partners to expand internet access in remote areas of developing countries by an innovative distribution technology.
Software License Transactions
Negotiated a core software technology license as part of an acquisition of an internet domain registrar on behalf of a leading social media company.
Primary Outside Counsel to Wireless Company on FCC and Tech Transactions*
Served as primary outside counsel to wireless reseller, or MVNO, Helio from its founding until its sale in transactional matters, FCC and state regulatory compliance matters, content licensing and development, and procurement matters, among other things.
Primary Outside General Counsel to Software Developer*
After serving as its in-house general counsel, served as Convera Corporation's primary outside counsel for approximately a decade until its sale, including in license transactions, software-related technology acquisitions and sales, value-added reseller (VAR) and original equipment manufacturer (OEM) negotiations.
Technology M&A Counsel*
Represented BET.com in its acquisition of RS1W.com, an acquisition of a hip hop music and lifestyle website owned by Russell Simmons.
Distribution Agreements*
Counsel a leading professional mixed martial arts sports league in structuring and negotiating global content distribution agreements.
Content Distribution Transactions Counsel*
Advised the leading professional wrestling entertainment company for over a decade in numerous content distribution transactions via cable and broadcast TV, and online.
*Prior Experience
Regulatory Counseling and Compliance
Internet of Things (IoT) Company FCC Counsel
Advise numerous Internet of Things and wearable device manufacturers on legal issues relating to FCC equipment certification, advertising restrictions, and related import restrictions.
FCC Broadband Privacy Proceeding Counsel
Participate in the FCC’s Broadband Privacy rulemaking proceeding on behalf of a leading wireless carrier.
Insurance and Warranty Compliance Counseling
Advise numerous companies on legal compliance matters relating to consumer device insurance and service contract/extended warranty products and services.
FCC Counsel on Spectrum Re-banding Initiative
Advised Sprint (including Nextel Communications prior to its merger with Sprint) over the course of a decade on its multibillion-dollar strategic spectrum re-banding initiative affecting public safety communications and commercial wireless operations before the FCC and other federal agencies, and in related transactions and litigation matters.
FCC Compliance Counsel to OTT Service Provider
Provide digital media advice and related FCC compliance counseling to an OTT online programming network.
FCC Counsel for Spectrum Auctions*
Represented clients in FCC rulemakings that established specific auctions, including materially influencing ultimate structure and rules. Proceedings included the AWS-4 band, the C-band auction of 3.7 GHz licenses.
Advertising and Communications Regulatory Compliance Counsel*
Advised BET Holdings for over a decade in a variety of transactional, digital media, and programming matters.
Digital Content Distribution Regulatory Counsel*
Counseled the leading professional wrestling entertainment company on FCC regulatory compliance issues such as digital closed captioning and online privacy matters.
*Prior Experience
Communications Regulatory Disputes and Enforcement
FCC Counsel for 2.5 GHz Spectrum Lease Disputes
Represented Sprint in numerous disputes arising from spectrum leases.
FCC Enforcement Proceeding Counsel
Defended successfully a leading social media company in an FCC enforcement proceeding.
Enforcement Proceeding Defense
Resolved successfully an enforcement proceeding brought by a state E911 Board against a leading wireless carrier.
TCPA FCC Enforcement Proceeding
Defended successfully a leading streaming music company in an FCC enforcement proceeding involving the Telephone Consumer Protection Act (TCPA).
FCC Complaint Proceeding Defense
Represent a customer of special access services in an FCC complaint proceeding against a leading incumbent local exchange carrier.
FCC and Court Defense in Spectrum License Matter*
Represented Sprint before the FCC and courts in obtaining a nine-figure monetary recovery as reimbursement for Sprint’s prior clearance incumbent licensees operating in certain spectrum.
Regulatory Compliance Insurance Complaint Resolution*
Counsel a leading mobile wireless carrier in negotiating favorable resolution of a regulatory compliance complaint brought by a state attorney general involving wireless device insurance.
*Prior Experience