Arthur (Art) Bresnahan has an active transactional and regulatory law practice, particularly for companies in the communications, information technology, and mass media industries. Mr. Bresnahan is the managing partner and co-founder of Zumpano, Patricios & Bresnahan. Prior, Mr. Bresnahan spent his first fifteen years of practice with Skadden, Arps, where he was the only attorney practicing simultaneously in both its corporate and communications practice areas.
Mr. Bresnahan has worked on regulatory and transactional issues involving landline and wireless telecommunications and the internet in the U.S., Africa, Asia, Europe, North America, Central America and South America. His practice has included work on the licensing of and regulatory framework for spectrum for digital mobile services, the provision of advice on the development of a regulatory agency to oversee the transition of a government-owned landline monopoly to a competitive environment, and representation of a former government-owned monopoly carrier in its initial public offering, other financings, strategic alliances, and other aspects of its business. Mr. Bresnahan has also represented bidders, joint venture partners, and investors in spectrum auctions and telecommunications transactions in the U.S. and around the world.
Mr. Bresnahan has extensive experience representing clients in rule-making and adjudicatory proceedings before government agencies such as the FCC, state public utility regulatory commissions, and national security agencies. He also advises clients on compliance within the effects of Federal, State, local and foreign government regulations. He has represented clients on matters involving nearly all areas of communications regulation, including:
• Licensing, auction structure, spectrum allocation, network buildout, and market entry regulations;
• Industry structure regulations such as cross- and multiple ownership regulations spectrum and ownership caps, affiliation rules, and similar issues;
• Security, emergency, and wiretapping issues;
• Universal service and access charge subsidy issues;
• Utility and rate of return regulation;
• Competition regulation, including interconnection obligations, number probability requirements, other network access and disclosure obligations;
• Privacy and consumer protection (such as anti-slamming) regulations;
• Radio frequency interference regulations;
• Regulations of acquisitions, mergers, and transfers of control;
• Industry-specific regulations such as wireless telephony, internet, tower siting paging, enhanced services, directory publication, satellite communications, payphones, and unlicensed spectrum; and First amendment and other U.S. constitutional issues.
Mr. Bresnahan’s transaction practice includes strategic alliances, mergers and acquisitions, and corporate finance transactions such as IPOs, other public offerings of equity and debt securities, structured and project financings, private securities transactions and strategic investments. Mr. Bresnahan has also represented both vendors and customers in major telecommunications and information technology procurements, including acquisitions of telephone, data, and cable television network infrastructure equipment landline, wireless and data telecommunications services purchases, and purchases of customer equipment. He has also advised on outsourcing transactions for information technology and other services, and agreements for the provision of engineering, software development, network support and other services, and software and technology licensing. Mr. Bresnahan has presented companies in negotiations regarding access to rights of way and related issues.
During 2004, Mr. Bresnahan was employed by the U.S. government (Department of Defense and Department of State) in Iraq where he was responsible for legal and policy issues relating to the rebuilding of Iraq’s communications and information technology infrastructure. Mr. Bresnahan made, or advised on, communications policies for Iraq, including those policies covering the creation of the country’s independent converged regulatory agency, lawful intercept and other security-related issues, and competition in the communications sector. As part of his duties, Mr. Bresnahan was responsible for managing Iraq’s radio spectrum from March 2004 until the transfer of authority following which he consulted with Iraqi authorities regarding spectrum issues. He also provided legal advice and significant industry knowledge on the wide range of projects involving in coalition programs to modernize and extend Iraq’s communications network and to develop an independent media in Iraq.
