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Marc S. Martin

Partner
+1.202.778.9859
Fax +1.202.778.9100
Drawing on his legal experience in business and government, Marc Martin structures, negotiates and provides strategic and compliance counseling for Telecom Media and Technology (“TMT”) transactions and regulatory matters. His transactional experience includes technology and content licensing agreements, procurement agreements and mobile application transactions involving technology devices, software, spectrum licenses, and programming and digital media, and the distribution of such assets over traditional and advanced technology platforms. He represents companies, entrepreneurs and investors before the Federal Communications Commission, Executive Branch, Congress and the courts in matters involving TMT transactions, spectrum policy, FCC rulemakings, licenses, spectrum auctions, government enforcement proceedings, online and mobile privacy, and commercial disputes.

Professional Background

Chambers USA has ranked Mr. Martin as a top lawyer practicing in Telecom, Broadcast & Satellite (Band 3) in 2012, 2013, and 2014 citing market commentators’ description of Mr. Martin as “organized and detail-oriented” with a “creative, practical understanding of commercial realities” who “understands the needs of our business and proactively keeps us informed of matters that will affect our operations. He is a valued part of our team.” Washington, D.C. Super Lawyer – Communications 2014. Mr. Martin was also selected as a finalist as a “Top Washington Lawyer” in Technology Transactions from among 400 nominees by the Washington Business Journal.

Prior to joining K&L Gates, Mr. Martin served as the chief legal officer of the following companies: Convera, a publicly traded enterprise search software and broadband services company, BET.com, LLC (and served as VP and Deputy GC of Black Entertainment Television) and the telecom subsidiary of Capital One Financial Corporation.

Prior to practicing in-house, Mr. Martin practiced in the Washington, D.C. office of an international law firm. He also served as an attorney in the FCC’s Office of Plans and Policy (where he was part of the initial team that drafted the FCC's foundational spectrum auction rules and policies) and in the predecessor to the FCC’s Wireless Telecommunications Bureau.

Professional/Civic Activities

  • Co-editor of K&L Gates’ blog “TMT Law Watch” which provides frequent posts and updates on legal, regulatory and business issues in the TMT sector
  • Member of the Board of Trustees, Legal Aid Society of the District of Columbia
  • Federal Communications Bar Association  
  • Chair, K&L Gates D.C. Office Hiring 

Speaking Engagements

Mr. Martin is a frequent speaker at professional legal and business conferences on legal issues affecting the TMT industry sectors.   He has also guest lectured at several law and graduate schools, including the University of Virginia, Georgetown University, George Mason University and George Washington University.
  • Represent leading nationwide mobile wireless operator in connection with its participation in the H Block spectrum auction; successfully argued for changes to the FCC’s proposed auction design.
  • Represent companies, including a leading online music service and a leading mobile wireless network operator, in investigating and writing shareholder citizenship reports for purposes of determining compliance with the Communications Act in the context of mergers and acquisitions subject to FCC consent.
  • Advised a leading nationwide mobile wireless operator in the FCC’s rulemaking establishing the rules for the AWS-4 band and the allocation and adjacent interference rules for the H Block.
  • Represent a leading online gaming software and hardware company in connection with obtaining FCC equipment authorizations.
  • Represent a leading nationwide mobile wireless operator in the FCC’s rulemaking proposing spectrum aggregation rules.
  • Represented Sprint in its successful recovery of $135 million from DISH Network as reimbursement for Sprint’s prior clearance of the S Band spectrum of incumbent broadcast auxiliary service licensees at 2 GHz.
  • Represent an industry leading wireless device manufacturer in its global enterprise telecom and technology transactions.
  • Represent a start-up developer of advanced wireless technology in obtaining FCC device certification.
  • Counsel to Black Entertainment Television in a variety of general transactional, digital media and programming matters.
  • Counsel to leading professional wrestling entertainment company in numerous content distribution, online and mobile privacy and FCC regulatory matters.
  • Advised Sprint (including prior to merger with Sprint and Nextel Communications) on its multibillion dollar strategic spectrum rebanding initiative over the course of seven years affecting public safety communications and commercial wireless operations in the United States before the FCC and other federal agencies, and in related transactions and litigation matters.
  • Counsel to Sprint in negotiating the multi-billion dollar relocation of broadcast television licensees out of 1.9 GHz band, including related procurement agreement negotiations with the major broadcast equipment suppliers.
  • Counsel to Sprint in the negotiation of vendor procurement RFPs, master services agreements and compliance counseling relating to wireless devices.
  • Counsel to professional mixed martial arts league in structuring and negotiating global content distribution agreements.
  • Counsel to a leading mobile wireless operator in negotiating favorable resolution of a regulatory complaint brought by a state attorney general.
  • Counsel to provider of advanced wireless broadband services in the United States on transactional and regulatory matters.
  • Served as primary outside counsel to wireless MVNO Helio from its founding in FCC and state regulatory, content and technology licensing and development, and transactional, and procurement matters, among other things.
  • Counsel to a search software developer and broadband services company in all federal and commercial software licensing, VAR and OEM transactions and enforcement matters.
  • Counsel to Sprint on legal matters relating to its device insurance and service warranty products and services.
  • Counsel to leading global smartphone and tablet manufacturer on mobile application distribution agreements.
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