Marc S. Martin

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

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

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