The Intersection of the FCC and Bankruptcy Law
In recent years, a number of high-profile communications and media companies have sought chapter 11 protection. ABI is partnering with the Federal Communications Bar Association to present a joint conference that will explore the intersection of bankruptcy and FCC law in these complex chapter 11 proceedings.
This half-day seminar will begin with an examination of the life cycle of a chapter 11 case involving an FCC-regulated entity, starting with the FCC’s policies on the filing of a chapter 11 petition and the continuity of the entity’s operations during the chapter 11 case, and concluding with issues relating to the plan of reorganization and emergence requirements. The program will also cover advanced topics that have arisen in the country’s most complex FCC-regulated-entity chapter 11 cases, including the grant of security interests in FCC licenses, the use of trust arrangements to permit early emergence from chapter 11, and mechanisms to address the FCC’s foreign-ownership limitations in connection with chapter 11 emergence. The faculty is comprised of leading advisors from the nation’s most high-profile FCC-related chapter 11 cases, who will provide their insight into successfully navigating a chapter 11 case involving a communications or media company.
Thursday, April 24
Registration and Continental Breakfast
The Life Cycle of an FCC-Regulated Entity in Bankruptcy
This panel will review the life cycle of a chapter 11 case involving an FCC-regulated entity, including whether FCC approval is required for an entity to file for and operate in chapter 11, developments during the chapter 11 case that may require the debtor to seek further approval from the FCC, the FCC approvals that may be required for the debtor to emerge from bankruptcy, and how each of these FCC issues intersects with bankruptcy law.
Norman L. Pernick, Moderator
Cole, Schotz, Meisel, Forman & Leonard, PA; Wilmington, Del.
Federal Communications Commission; Washington, D.C.
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP; New York
Jack N. Goodman
Law Offices of Jack N. Goodman; Washington, D.C.
Drinker Biddle & Reath LLP; Washington, D.C.
Alvarez & Marsal; Chicago
Bumps in the Road in the Bankruptcy of an FCC-Regulated Entity
This panel will explore advanced issues related to chapter 11 cases commenced by FCC-regulated entities. In particular, the panel will discuss the FCC’s prohibition on granting liens on FCC licenses, other avenues for taking a security interest in the value of FCC licenses, and legal complications associated with the FCC’s position in this arena — in each case against the backdrop of a chapter 11 proceeding. The panel will also address FCC issues relating to a debtor’s emergence from chapter 11 (including the trust structures that are used in some chapter 11 cases) and navigating the FCC’s foreign-ownership limitations when issuing new equity under a plan of reorganization.
John S. Logan, Moderator
Cooley LLP; Washington, D.C.
Paul M. Basta
Kirkland & Ellis LLP; New York
Wayne D. Johnsen
Wiley Rein LLP; Washington, D.C.
Mace J. Rosenstein
Covington & Burling LLP; Washington, D.C.
Rachel C. Strickland
Willkie Farr & Gallagher LLP; New York
11:45 a.m.-1:00 p.m.
Luncheon and Keynote: “A View from the Bankruptcy Bench on FCC-Related Issues”
Damian S. Schaible, Moderator
Davis Polk & Wardwell LLP; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.); New York
66 Canal Center Plaza, Suite 600
Copyright 2014 - The American Bankruptcy Institute