Professionals

Experience

Copyright

Drafted music licensing agreements for broadcasters to license live in-studio recording sessions and to use recordings in over-the-air performances, streaming, and podcasts on Web sites. Drafted releases to allow broadcasters to record and reuse guest interviews in other media.

Copyright

Assisted clients with understanding the requirements to qualify for the statutory license under the Digital Millennium Copyright Act to cover streaming audio on the Internet. Helped them with filing Notices of Use with the Copyright Office and with preparation of monthly Statements of Account and quarterly Reports of Use for filing with SoundExchange.

FCC Licensing

Developed renewal filing guide to assist clients through the FCC broadcast license renewal process. Worked on preparation and filing of several hundred renewal applications and successfully defended against petitions to deny their license renewals.

FCC Licensing

Worked on preparation of over 120 applications for new FM broadcast stations filed with the FCC in the noncommercial educational filing window. Assisted clients with amending bylaws to meet FCC point system qualifications, obtaining antenna site assurance of availability, meeting legal qualifications, coordinating with consulting engineers, budgeting and securing commitments for financing construction and operation of the station, meeting public notice requirements, negotiating settlement agreements, preparing petitions against competitors, and defending against petitions to deny the applications.

FCC Regulatory

Obtained waivers of FCC rules to receive special temporary authority to enable several AM broadcast stations to use FM translators.

FCC Regulatory

Assisted with the start-up of a national satellite direct-to-home television service provider; negotiated transponder agreements, purchase orders, and affiliation agreements, and advised it on FCC and FTC regulatory requirements.

FCC Regulatory

Guided clients through the FCC's auction procedures, including applicant structure for bidding discounts and new entrant discounts, pre-auction procedures, settlements and anticollusion issues, filing auction short form applications on Form 175, monitoring auction results and assisting with bid placement, filing post-auction long form applications, and responding to petitions against winning bidders.

FCC Regulatory

Developed template for a universal settlement agreement for a trade association to use to assist competing low-power FM (LPFM) station applicants to resolve their mutual exclusivity.

FCC Regulatory

Defended clients before the FCC on regulatory audits and negotiated consent decrees and tolling agreements.

FCC Regulatory

Helped television clients through the digital transition and filing forms unique to television stations, such as quarterly DTV Education Reports on Form 387 and DTV Status Reports on Form 388, quarterly Children's Television Programming Reports on Form 398, and Form 317 Digital Ancillary / Supplementary Services Reports.

FCC Regulatory

Developed affirmative action packet and forms for clients to use to comply with the FCC's EEO requirements; assisted clients with editing annual EEO public file reports.

FCC Regulatory

Assisted clients with managing FCC online databases, including Antenna Structure Registration, Federal Registration Numbers, and online filing of FCC applications and reports.

FCC Regulatory and Contracts

Assisted start-up programmer with drafting syndication affiliation agreement and contest rules.

FCC Regulatory and Contracts

Negotiated and drafted agreements relating to station programming, such as time brokerage agreements, local marketing agreements, noncommercial broadcast programming agreements, program syndication agreements, and HD2 and multicast program streams.

FCC Regulatory and Tower Leasing

Worked with master FM antenna committee to assess issues relating to co-location of TV stations atop a tall building hosting most of the broadcast stations licensed to a large U.S. market.

Tower Leasing

Negotiated and drafted tower leasing agreements for broadcasters as lessees to lease space from tower owners as well as for tower owners to lease to third-party users.

Transactions

Worked on a stock sale transaction worth over $100 million for the sale of a legacy broadcast station in a major Northeast market. Assisted client with transferring assets to other entities for sale to third parties and creating new corporate entities to facilitate multiple transactions.

Transactions

Assisted numerous clients with negotiating and drafting asset purchase agreements for sale of broadcast properties, filing and prosecuting assignment and transfer applications, and closing the deal.

Web Site Compliance Issues

Spearheaded development of comprehensive due diligence checklist to audit client Web sites. Assisted clients with drafting terms-of-use and privacy policies as well as managing issues relating to e-commerce, social networking, and federal regulations affecting business Web sites.

Professional Activities

• Member, Federal Communications Bar Association, 1982-present
• President, American Women in Radio & Television, Inc.; Chair of its Foundation, 2003-2005
• Vice President, American Women in Radio & Television, Inc., 2000-2002
• Program Chair, 1998 American Women in Radio & Television, Inc. Annual Convention; 2002 and 2004 Leadership Summit and Business Conferences
• Member, Board of Directors, American Women in Radio & Television, Inc., 1992-1994, 1997-2007
• Trustee, Board of Trustees, Foundation of American Women in Radio & Television, Inc., 1992-1994, 1997-2007
• Member, Radio Club of America, 1996-2001

Community Activities

• President, Toastmasters Club "Aesthetic Voices," 2002; Member

Publications

• "FCC Proposes 2010 Annual Regulatory Fees," Garvey Schubert Barer Legal Update, April 19, 2010.
• "Streaming Reference Memo," Garvey Schubert Barer, February 26, 2010
• "Chart of Various SoundExchange(SX) Rates and Terms to Stream Digital Sound Recordings under Statutory License," Garvey Schubert Barer, February 26, 2010
• "Copyright Office Defines Digital Phonorecord Delivery," Garvey Schubert Barer Legal Update, December 28, 2008.
• "Political Advertising Issues for 2008," Garvey Schubert Barer Legal Update, September 23, 2008.
• "$150,000 Consent Decree for EEO Violations," Garvey Schubert Barer Legal Update, September 23, 2008.
• "FCC Adopts 2008 Annual Regulatory Fees," Garvey Schubert Barer Legal Update, August 13, 2008.
• "EEO-1 Reports Due September 30, 2008 at the EEOC," Garvey Schubert Barer Legal Update, July 15, 2008.
• "FCC Revises Filing Requirement for DTV Consumer Education Report," Garvey Schubert Barer Legal Update, June 17, 2008.
• "Court Sets Online Companies' ASCAP Royalty Rate," Garvey Schubert Barer Legal Update, May 14, 2008.
• "Waiting to File Form 355 - Standardized Television Disclosure Form," Garvey Schubert Barer Legal Update, May 14, 2008.
• "FCC Publishes Revised Edition of 'The Public and Broadcasting'," Garvey Schubert Barer Legal Update, May 14, 2008.
• "FCC Slaps Wrists For Lack of EEO Recruitment," Garvey Schubert Barer Legal Update, April 23, 2008.
• "Broadcast Localism," Garvey Schubert Barer Legal Update, February 19, 2008.
• "The New Year Could Bring Added Programming, Ascertainment, Reporting and Main Studio Requirements," Garvey Schubert Barer Legal Update, December 28, 2007.
• "New TV Reporting and Public File Regulations," Garvey Schubert Barer Legal Update, December 11, 2007.
• "Are Your EEO Initiatives Adequate?," Garvey Schubert Barer Legal Update, September 28, 2007.
• "Payola Avoidance," Radio & Records, July 20, 2007.
• "Outreach & Recruitment," American Women in Radio & Television Making Waves magazine, Vol. 4, No. 2, 2007.
• "Doing the Royalty Math," The Financial Manager, May/June 2007.
• "Podcasting: Do You Have the Rights?," Prepared for distribution at Public Broadcasting Management Association Conference, New Orleans, May 30, 2007.
• "EEO Gut-Check Time," Small Market Radio Newsletter, January 18, 2007.
• "Beyond the Public File: Station Records and Logs," Garvey Schubert Barer, January 17, 2007.
• "Privacy and Data Security – Tips for Avoiding and Dealing with Breaches," Garvey Schubert Barer, October 20, 2006.
• "How to Squeeze Maximum Value from your FCC License," Radio Ink, May 23, 2005.
• "License Renewal in a Nutshell: A Quick and Helpful Guide to Documenting Broadcast License Renewal Applications," The Financial Manager, September/October 2004.
• "Publisher's Profile," Radio & Records Inc., September 5, 2003.