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Telecommunications, Internet, Media & Entertainment

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 antitrust, intellectual property, and tax allows us to provide our clients with the best possible combination of consulting services.

Areas of Expertise
CASE HIGHLIGHT

Bringing an end to one of Hollywood’s largest legal battles in recent years, the Writers Guilds of America (WGA) and talent agency William Morris reached a settlement in William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc. et al. The settlement marks the final step in a long-running series of disputes between the WGA and a number of agencies, also including Creative Artists and United Talent Agency, focused on the talent agency fee structure and agency incentives.

A Brattle team supported the WGA throughout the litigation process, most recently including testimony by Principals Coleman Bazelon and James Reitzes that focused on the relationship between showrunners and other writers in the execution of show writing responsibilities and the adverse incentives created by agency ownership of production studios. Brattle’s analyses contributed to a highly successful outcome for the WGA, as the court dismissed William Morris’s preliminary injunction motion and a favorable settlement was agreed upon.

News

Following a long-running series of disputes, Brattle’s analyses contributed to a highly successful outcome for the Writers Guild of America in the matter of William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc., et al., as the court dismissed William Morris’ preliminary injunction motion and a favorable settlement was agreed upon.

Engagements
REPRESENTATIVE ENGAGEMENTS

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

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.
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.

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.”
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.

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
Article
Newsletter
The Brattle TIME: April 2021
April 2021
Jonathan F. Lee, Paroma Sanyal, Coleman D. Bazelon, Ezra Frankel, and Ryan Taylor
Report
Cost of Capital: Beta and Gearing for WFTMR 2021
March 12, 2021
Prepared for Ofcom
Report
Article
The Economics of Professional Sports League Broadcasts
December 2019
Published in the American Bar Association's Antitrust Law Section Antitrust magazine
Report
Economic Considerations of IP CTS Rate Structure and Methodology
March 27, 2019
Prepared for Hamilton Relay, Inc.
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
Report
Economic Analysis of IP CTS Provision Costs and Rate Setting
November 9, 2017
Prepared for Hamilton Relay
Report
Telecommunications Relay Services for Individuals who are Deaf or Hard of Hearing: Market and Policy Analyses
August 30, 2017
Prepared for Hamilton Relay
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 Lifeline to High-Speed Internet Access: An Economic Analysis of Administrative Costs and the Impact on Consumers
March 24, 2016
Prepared for the Multicultural Media, Telecom and Internet Council (MMTC)
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
Peter S. Fox-Penner and Joseph B. Wharton
Published in Public Utilities Fortnightly's Spark
Brochure
FCC Incentive Auctions
2012
Published by The Brattle Group, Inc.
News & Knowledge
May 13, 2021
The Monopoly on Inmate Calling Services: Brattle Consultants Author CPI Article on the Failed Market for Inmate Phone Use

Brattle Principal Dr. Coleman Bazelon and Senior Consultant Dr. Paroma Sanyal have coauthored a Competition Policy International article on the market structure ­– and market failures ­– of inmate calling services, which are significantly more expensive than comparable calls outside of correctional facilities.

April 26, 2021
Dr. Paroma Sanyal to Lead Panel Discussion on Data Privacy

Brattle Senior Consultant Dr. Paroma Sanyal will moderate an American Bar Association (ABA) webinar, “Privacy, Please?” on April 26 at 10:00 a.m. (PT) | 1:00 p.m. (ET). The panel is sponsored by the ABA Antitrust Section’s Consumer Protection Committee, Economics Committee, and Privacy and Information Committee.

April 22, 2021
Dr. Paroma Sanyal to Discuss Career Paths for Women in the Information and Communication Technologies (ICT) Field at FCBA Event

Brattle Senior Consultant Dr. Paroma Sanyal will speak on “Charting a Course and Achieving Success” at the Federal Communications Bar Association (FCBA) Celebrating International Girls in ICT Day on Thursday, April 22 from 1:00–2:30 p.m. (PT) | 4:00–5:30 p.m. (ET).

March 18, 2021
Court Ruling Leads to Favorable Settlement for Brattle Client in William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc., et al.

Following a long-running series of disputes, Brattle’s analyses contributed to a highly successful outcome for the Writers Guild of America in the matter of William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc., et al., as the court dismissed William Morris’ preliminary injunction motion and a favorable settlement was agreed upon.

November 11, 2020
NPR's Planet Money Podcast Taps Brattle Principal Coleman Bazelon to Discuss FCC Spectrum Auction

Brattle Principal Coleman Bazelon was a guest on the NPR Planet Money podcast, “Hacking the Perfect Auction.” The podcast explored the 2016 auction held by the Federal Communications Commission for the airwaves over which TV, radio, and wireless signals are transmitted.

October 21, 2020
Dan Harris to Discuss WACC for Legacy Telecoms Infrastructures at Online Seminar

Brattle Principal Dan Harris will join the Body of European Regulators for Electronic Communications (BEREC) and Cullen International seminar, “WACC for Legacy Telecoms Infrastructures,” which will take place on October 21 at 9:00 a.m. (ET) / 3:00 p.m. (CEST).

August 12, 2020
Coleman Bazelon to Discuss 5G Spectrum at Cowen Communications Infrastructure Summit

Brattle Principal Coleman Bazelon will join the Cowen 6th Annual Communications Infrastructure Summit, taking place August 11–12.

May 28, 2020
Lucrezio Figurelli Discussed Spectrum Valuation at Volterra Fietta Webinar

Brattle Senior Associate Lucrezio Figurelli spoke at a recent Volterra Fietta webinar, which covered a potential new basis for investor-state arbitration claims – the reallocation of the communications spectrum from satellite operators to terrestrial telecoms operators for use in 5G.

May 13, 2020
Brattle Economists Comment on the FCC's Recent Approval of Ligado Network's L-Band Application

Brattle Principal Coleman Bazelon and Senior Consultant Paroma Sanyal have published a commentary on the Federal Communications Commission’s (FCC’s) recent approval of Ligado Networks’s application to deploy a low-power nationwide terrestrial network in the L-Band.

March 06, 2020
Coleman Bazelon to Discuss Spectrum Auctions and Budget Scoring at FCBA Luncheon

Brattle Principal Coleman Bazelon will give a presentation on spectrum auctions and budget scoring at a Federal Communications Bar Association (FCBA) luncheon, which will take place on March 6 in Washington, DC.

February 05, 2020
New Paper Discusses the Value Created by Quickly Clearing the C-Band Spectrum

Brattle Principal Coleman Bazelon and Senior Consultant Paroma Sanyal have recently authored a paper titled Value Creation from an Accelerated Clearing of the C-Band Spectrum.  

December 19, 2019
Brattle Economists Respond to the FCC's Proposed Partial Reallocation of the 5.9 GHz Band

Brattle Principal Coleman Bazelon, Senior Associate Lucrezio Figurelli, and Senior Consultant Paroma Sanyal have published a commentary on the Federal Communications Commission’s (FCC’s) recent proposal to reallocate part of the 5.9 GHz band for Wi-Fi and unlicensed use.

December 16, 2019
Brattle Authored Article Addresses the Economic Issues Associated with Professional Sports League Broadcasting

In a recent article for the American Bar Association’s Antitrust Law Section Antitrust magazine, Brattle Principals Michael Cragg and Daniel Fanaras and Senior Consultant Daniel Gaynor addresses the nuanced antitrust issues associated with professional sports league broadcasts.

October 24, 2019
Paroma Sanyal Spoke on Broadband Infrastructure Investment and Innovation at US Telecom Forum

Brattle Senior Consultant Paroma Sanyal was a panelist at the US Telecom Broadband Investment Forum and Broadband Heroes Awards, which was held on October 24 in Washington, DC and via livestream.

September 20, 2019
Brattle Economists to Present at Telecommunications Conference

Brattle Principal Coleman Bazelon, Senior Consultant Paroma Sanyal, and Senior Research Analyst Ezra Frankel will present during the 47th Annual Telecommunications Policy Research Conference, to be held September 20–21 in Washington, DC.

July 23, 2019
Paroma Sanyal to Speak on 5G's Potential Competitive Effects at the Georgetown Center for Business & Public Policy

Brattle Senior Consultant Paroma Sanyal will speak at an event titled, “Can 5G Technology Create New Opportunities for Competition?” at the Georgetown Center for Business & Public Policy on Tuesday, July 23 in Washington, DC.

February 21, 2019
Brattle Welcomes New Senior Consultant Paroma Sanyal

The Brattle Group is pleased to announce that Paroma Sanyal, the former Chief Economist of the Wireless Bureau at the U.S. Federal Communications Commission (FCC), has joined the firm's litigation practice as a Senior Consultant in the Washington, DC office.

February 12, 2019
Francesco Lo Passo Presented at the ACI Europe Workshop

Brattle Principal Francesco Lo Passo spoke at the Airport Council International – ACI Europe workshop on Cost of Capital in the Airport Sector, which was held in Brussels on February 12th.

November 07, 2018
Brattle Principal Authors Report on Maximizing the Value of the C-Band

Brattle Principal Coleman Bazelon has prepared a report, “Maximizing the Value of the C-Band: Comments on the FCC’s NPRM to Transition C-Band Spectrum to Terrestrial Uses,” commissioned by Intel, Intelsat, and SES. 

April 13, 2018
Brattle Principal Coleman Bazelon Discusses C-Band Spectrum Policy at Hill Briefing

Coleman Bazelon, a principal in Brattle’s Washington, DC office, recently provided remarks at an information session on Capitol Hill regarding C-Band spectrum policy.

February 14, 2018
Brattle's Client Wins $14.7M in Judgments in Wireless Spectrum Investment Fraud Matter

Brattle’s client, the Securities and Exchange Commission (SEC), won a judgment of more than $14 million against defendants in disgorgements and civil penalties, as ordered by a U.S. District Judge in the matter Securities and Exchange Commission v. Janus Spectrum LLC et al.

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.”

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.

March 24, 2016
Coleman Bazelon Contributes Economic Analysis to White Paper on Modernization of the FCC's Lifeline Program

Brattle Principal Coleman Bazelon contributed economic analysis to a white paper on the modernization of the Lifeline program released today by the Multicultural Media, Telecom and Internet Council.

August 18, 2015
Report by Brattle Economists Assesses Potential Economic Impacts of Boston's Proposed Bid to Host 2024 Summer Olympic Games

Economists at The Brattle Group have authored a report that provides an independent analysis of the potential economic impacts of Boston’s proposed bid to host the 2024 Summer Olympic Games.