FCC/Bankruptcy Mini-Conference

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.


Chadbourne & Parke LLP

Cooley LLP

Sidley Austin LLP

Wiley Rein LLP

Thursday, April 24

8:15-9:00 a.m.

Registration and Continental Breakfast

8:45-9:00 a.m.

Introduction and Welcome

ABI Chairs:

Dennis F. Dunne

Milbank, Tweed, Hadley & McCloy LLP; New York

Douglas E. Deutsch

Chadbourne & Parke LLP; New York

9:00-10:15 a.m.

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.

David Brown

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.

Laura Phillips

Drinker Biddle & Reath LLP; Washington, D.C.

Brian Whittman

Alvarez & Marsal; Chicago

10:15-10:30 a.m.

Coffee Break

10:30-11:40 a.m.

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


Member Resources

Follow Us!

Contact ABI

    Multisite Search
    Online Journal
    Volo (Circuit Court Opinions)
    Interactive Code and Rules
    Educational Materials
    View All

twitter linkedin facebook Flickr

Join the conversation #ASM14

66 Canal Center Plaza, Suite 600
Alexandria, VA 22314
Tel. (703)-739-0800
Fax. (703) 739-1060

Copyright 2014 - The American Bankruptcy Institute