Technology and Communications Transactions

In the past 2 years, the Patton Boggs TechComm team has closed transactions for our clients totaling over $1 billion dollars. What follows is a general description of the kinds of deals we executed for our clients.

Aggressive Plan of Acquisitions and Mergers Yields Wireless Client a 10-Fold Increase in Spectrum Coverage.

From 2006-2008 Patton Boggs represented NextWave Broadband Inc. in 16 transactions totaling over $400 million, including mergers, spectrum acquisitions and spectrum leases. This series of transactions increased NextWave’s spectrum coverage for its next generation mobile broadband technology from 20 million to nearly 250 million people and brought to bear our team’s extensive knowledge of how to structure spectrum acquisitions and secondary markets leases, and how the Federal Communications Commission (“FCC”) regulates various spectrum bands. Patton Boggs lead attorney: Jennifer L. Richter.

Patton Boggs Provides Critical Strategic Advice and Transactional Assistance to Help a New Wireless Client Acquire Mission Critical Assets for Rural Wireless Broadband.

During the past two years, the Patton Boggs TechComm team has worked closely with a newly formed wireless carrier, DigitalBridge Communications, to provide them with strategic, regulatory and transactional advice about spectrum opportunities that enable DigitalBridge to provide advanced wireless broadband services to rural and underserved areas. Our team found DigitalBridge its first significant transaction to acquire wireless operations and significant spectrum in four rural areas in Idaho and Montana. We followed this success with 15 additional transactions providing DigitalBridge with the spectrum needed to offer advanced wireless broadband services and technologies to consumers in remote and underserved areas. Patton Boggs lead attorney: Jennifer L. Richter.

Wireless Client Doubles Return on Wireless Spectrum Acquired Through FCC Auction and Sold to Private Bidders Two Years Later

In 2006, the Patton Boggs TechComm team advised AWS Wireless Inc. on opportunities presented by the FCC’s first Advanced Wireless Services (“AWS”) auction. We provided critical advice on the rules for participating in the auction, how to most optimally structure itself for participation in the auction, and how to avoid violating the complex anti-collusion rules. AWS Wireless Inc. was successful in acquiring AWS spectrum in 154 service areas throughout the country at a total auction price of $115.5 million. Less than two years later, Patton Boggs assisted AWS Wireless in executing all transactional and regulatory matters to sell half of this AWS spectrum to four interested parties for $150.1 million, valuing its spectrum at twice what AWS Wireless paid for it at FCC auction. Patton Boggs lead attorney: Jennifer L. Richter.

Acquisition of 100 Communication Towers Through Bankruptcy Auction

Patton Boggs brought its bankruptcy, transactional, FCC regulatory, and tower industry expertise to bear in representing Tower Acquisition LLC, a majority-owned subsidiary of CapitalSource Finance LLC, in the $1.25 million purchase of over 100 communication towers. The acquisition was made through a §363 bankruptcy auction from International Communications Group, Inc. and Corban Towers, Inc. in the U.S. Bankruptcy Court for the Northern District of Texas. The transaction yielded excellent returns for our client, who was able to sell roughly one-third of the towers a short time later for between $6-7 million. The firm continues to counsel the client in ongoing post-acquisition matters, including litigation related to claims against the purchased assets, leasing of tower space to commercial communication tenants, and the divestiture of various communication towers. Patton Boggs lead attorney: H. Jefferson LeForce.

Client in Qatar Prepares its Bid for Second Public Fixed Telecommunications License With Patton Boggs’ Assistance

In 2008, the Patton Boggs TechComm team combined its knowledge of the telecommunications industry with the expertise of our transactional lawyers in Doha to assist an international client in evaluating its opportunities to participate in competitive application for the second fixed telecommunications license in Qatar. Our team assisted the client in how to most optimally organize itself for the application process, how to negotiate a complex management agreement with a prospecitve operator in Qatar, and how to prepare and submit its application for participation in the competition. Patton Boggs lead attorneys: Sonia Barber, Paul Besozzi, and Jeff Craven.

Comprehensive Mobile Wireless Advice Advances Offerings in California and Florida

Since 2006, Patton Boggs has assisted Royal Street Communications with transactions totaling roughly $300 million, in addition to FCC regulatory, litigation and real estate matters, all of which are critical to the build-out of mobile wireless communications systems in Florida and California by Royal Street. Patton Boggs lead attorney: Paul Besozzi.

TechComm Finance Landmark Deal

Patton Boggs represented NextWave Wireless as regulatory counsel in a senior secured note transaction to provide the company with $350 million in additional liquidity to complete its spectrum acquisition plan and complete its WiMAX and LTE chipset and technology development. UBS Financial Services served as the bank and The Bank of New York served as the collateral agent. Patton Boggs Lead Attorneys: Paul Besozzi and Jennifer Richter.