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Telecommunications, Internet, and Media

The Brattle Group offers deep experience in the telecommunications, media, internet and information technology, and sports and entertainment sectors.

These sectors share a common theme, namely that they are all deeply influenced by regulatory policies. As a consequence, whether conducting a business valuation or regulatory analysis, Brattle brings a deep understanding and consciousness of the policy background to all engagements. Our reputation as fair, independent, and non-partisan is a critical reason why we are seen as established thought leaders in these telecommunications and related fields.

We support clients in matters related to litigation, regulation and policy, and private advisory analyses. The combination of our industry expertise and functional skills in areas such as antirust, intellectual property, and tax allows us to provide our clients with the best possible combination of consulting services.

Areas of Expertise
NEWS

The Brattle Group is pleased to introduce the seven exceptional experts who became Brattle principals over the past year.

NEWS

A Brattle team recently assisted counsel for SoundExchange in a proceeding before the Copyright Royalty Board to determine the license fee that SiriusXM Satellite Radio will pay for the right to broadcast sound recordings from 2018 through 2022.

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Telecommunications, Internet, and Media practice.

Laumann v. NHL and Lerner v. MLB

Two classes of Plaintiffs challenged league rules that establish exclusive market territories for television broadcasting of live games. On behalf of the National Hockey League and Major League Baseball, Brattle expert Daniel McFadden provided testimony at a Daubert and class certification hearing concerning the structural econometric model proffered by the Plaintiffs’ expert for estimation of damages from the vertical restraints imposed by the sports leagues on the broadcast rights to the league games. The Court granted Daubert in part in a decision that frequently refers to the testimony of Professor McFadden.

Competitive pricing analysis for Comcast
Comcast operated a regional sports network and also various cable systems on which that network was carried. A number of those cable systems were facing competition from rival operators that wished to also carry the Comcast-owned sports network. A Brattle principal was retained by Comcast to assist in determining a non-discriminatory price for the network to offer rival operators.
Nortel bankruptcy proceedings
The Brattle Group was retained by counsel for the UK Pension claimants to opine on allocation approaches and claims issues in Nortel’s bankruptcy proceedings. We developed an economically-rational allocation methodology that, in the absence of an ex ante agreement among Nortel’s legal entities prior to its bankruptcy, reflected the financial and management realities of Nortel’s business operations. A Brattle expert testified on this methodology before both the Delaware Court of Bankruptcy in the U.S. and the Superior Court of Toronto in Canada. Our expert’s recommended pro rata allocation method, with some modifications, was accepted by the Canadian court as “doing what is just in the unique circumstances” of Nortel’s case, and by the U.S. court as “a fair and equitable mechanism.”
Analysis of the Boston 2024 proposed Summer Olympic plans
Brattle economists prepared a report for the Commonwealth of Massachusetts Office of the Governor of Massachusetts, President of the Senate, and Speaker of the House evaluating Boston’s bid to host the 2024 Summer Olympic Games. The report detailed the components of the bid, tested its assumptions to examine potential risks, evaluated who would have borne the responsibility if any adverse risks had been realized, and estimated the potential economic impacts of the Olympic Games on the Commonwealth.
Determination of License Fees for Satellite Radio

The Brattle Group was retained by Counsel for SoundExchange, a performing rights organization that collects and distributes royalty payments on behalf of record labels and recording artists, in a proceeding before the Copyright Royalty Board to determine the license fee that SiriusXM Satellite Radio will pay for the right to broadcast sound recordings from 2018 through 2022. A Brattle team worked with academic survey experts to develop and analyze evidence on the degree to which satellite radio and streaming music services are viewed as substitutes for one another. We assisted attorneys from Jenner & Block in preparing for taking depositions and cross-examining SiriusXM’s survey experts, which played a key role in the determination of the royalty rate.

Experts
Publications
Report
Testimony of Coleman Bazelon before the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Communications and Technology
November 16, 2017
Before the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Communications and Technology
Presentation
Music Licensing: Background and Economic Issues
August 11, 2017
Presented at the Music Industry Research Association’s (MIRA) Conference
Report
REIT Supported Wireless Infrastructure: Foundation of the Mobile Economy
July 11, 2017
Prepared for The Wireless Infrastructure Association (WIA)

This report discusses how the wireless infrastructure industry will impact the U.S. economy in the coming years, as mobile wireless services and networks continue to expand.

Report
A Strategy for Active Remote Sensing Amid Increased Demand for Radio Spectrum
July 15, 2015
Published by the National Academies of Sciences, Engineering, and Medicine
Report
Substantial Licensed Spectrum Deficit (2015-2019): Updating the FCC’s Mobile Data Demand Projections
June 23, 2015
Coleman D. Bazelon and Giulia McHenry
Prepared for CTIA - The Wireless Association
Report
Mobile Broadband Spectrum: A Vital Resource for the American Economy
May 11, 2015
Coleman D. Bazelon and Giulia McHenry
Prepared for CTIA—The Wireless Association
Brochure
Music Industry Expertise
September 2014
Published by The Brattle Group, Inc.
Report
Canadian Wireless Market Performance and the Potential Effect of an Additional Nationwide Carrier
May 12, 2014
Prepared for The Competition Bureau, Government of Canada
Report
Spectrum Sharing: Taxonomy and Economics
February 06, 2014
Coleman D. Bazelon and Giulia McHenry
Published by The Brattle Group, Inc.
Article
Spectrum Value
October 2013
Coleman D. Bazelon and Giulia McHenry
Published in Telecommunications Policy
Article
The Impact of Digitization on Business Models in Copyright-Driven Industries: A Review of the Economic Issues
February 26, 2013
In The Impact of Copyright on Innovation in the Digital Age, edited by Stephen A. Merrill and William J. Raduchel, published by The National Academy of Sciences' Board on Science, Technology, and Economic Policy
Report
Alaska Mobile Broadband Cost Model
February 2013
William P. Zarakas and Giulia McHenry
Presented before the Federal Communications Commission in the Matter of Connect America Fund Universal Service Reform - Mobility Fund
Article
Telecom Transformation
November 29, 2012
Published in Public Utilities Fortnightly's Spark
Brochure
FCC Incentive Auctions
2012
Published by The Brattle Group, Inc.
News & Knowledge
January 19, 2018
The Brattle Group Introduces Its Newest Experts

The Brattle Group is pleased to introduce the seven exceptional experts who became Brattle principals over the past year.

January 01, 2018
Brattle Team Helps SoundExchange Secure Favorable Licensing Fee in CRB Proceeding

A Brattle team recently assisted counsel for SoundExchange in a proceeding before the Copyright Royalty Board to determine the license fee that SiriusXM Satellite Radio will pay for the right to broadcast sound recordings from 2018 through 2022.

November 16, 2017
Coleman Bazelon Testifies Before U.S. House Committee on Energy & Commerce

Brattle Principal Coleman Bazelon recently testified before the U.S. House Committee on Energy & Commerce’s Subcommittee on Communication and Technology during a hearing on “The Race to 5G and its Potential to Revolutionize American Competitiveness.”

October 02, 2017
Brattle’s Client Secures Summary Judgment in Wireless Spectrum Investment Fraud Matter

Brattle’s client, the Securities and Exchange Commission (SEC), secured a summary judgment in Securities and Exchange Commission v. Janus Spectrum LLC et al.

August 11, 2017
Steven Herscovici to Present at First Annual Music Industry Research Association Conference

Brattle Principal Steven Herscovici will present at the first annual Music Industry Research Association’s (MIRA) Conference, taking place August 10-11, 2017 at the University of California Los Angeles (UCLA) in Los Angeles, CA.

July 11, 2017
Brattle Report Discusses the Impact of the Wireless Infrastructure Industry on the U.S. Economy

Brattle economists have authored a report discussing how the wireless infrastructure industry will impact the U.S. economy in the coming years, as mobile wireless services and networks continue to expand.

June 21, 2017
Regulatory Economist Agustin J. Ros Joins The Brattle Group

The Brattle Group is pleased to announce that regulatory economist Dr. Agustin (Augie) Ros has joined the firm’s Boston, MA office as a principal.

June 01, 2017
Brattle Economists to Present at Rutgers Center for Research in Regulated Industries Annual Eastern Conference

Several Brattle consultants will present at Rutgers Center for Research in Regulated Industries’ (CRRI) 36th Annual Eastern Conference, taking place May 31 to June 2, 2017 in Annapolis, MD.

January 31, 2017
Finance Expert Laurence Freed Joins The Brattle Group’s New York Office

The Brattle Group announced today that finance expert Laurence Freed has joined the firm’s New York office as a senior consultant.