Gary S. Lutzker

Partner

Washington, D.C.
T +1.202.861.1782
F +1.202.861.1783

Overview

Gary Lutzker focuses his practice in communications and cable television (broadband) law, regulation, transactions and policy. He counsels major communications and media clients, and represents them before the Federal Communications Commission, U.S. Copyright Office, Federal Trade Commission, Department of Justice and state and local regulatory agencies, on matters including cross-ownership, broadcast carriage, program exclusivity, leased commercial access, program access, program carriage, franchising and franchise fees, rights-of-way use and access, rate regulation, effective competition, pole attachments, copyright licensing, closed captioning, navigation devices and regulatory enforcement, among others. In the policy arena, Gary prepares comments in administrative rulemaking proceedings and advises clients on the operational impact of federal, state and local communications and cable television statutes and regulations.

Select Experience

  • Participated in the $3 billion acquisition of a major cable television multiple system operator by, among other things, achieving a waiver of the statutory cross-ownership restriction that otherwise would have prohibited the transaction.
  • Participated in the strategy and brief preparation of defending a Leased Access producer’s challenge to a cable operator’s rates, terms, and conditions of carriage, which resulted in a dismissal of the complaint by the United States District Court for the Middle District of Pennsylvania, and a settlement of the subsequent appeal approved by the United States Court of Appeals for the Third Circuit.
  • Participated in the strategy and brief preparation of defending a property owner’s challenge to a cable operator’s use of disputed right-of-way for installation of fiber-optic communications facilities, which resulted in a partial summary judgment for the cable operator in the United States District Court for the District of North Dakota and established that the local government’s authorization for installation of fiber-optic facilities constituted a cable television franchise under federal law.
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Experience

  • Participated in the $3 billion acquisition of a major cable television multiple system operator by, among other things, achieving a waiver of the statutory cross-ownership restriction that otherwise would have prohibited the transaction.
  • Participated in the strategy and brief preparation of defending a Leased Access producer’s challenge to a cable operator’s rates, terms, and conditions of carriage, which resulted in a dismissal of the complaint by the United States District Court for the Middle District of Pennsylvania, and a settlement of the subsequent appeal approved by the United States Court of Appeals for the Third Circuit.
  • Participated in the strategy and brief preparation of defending a property owner’s challenge to a cable operator’s use of disputed right-of-way for installation of fiber-optic communications facilities, which resulted in a partial summary judgment for the cable operator in the United States District Court for the District of North Dakota and established that the local government’s authorization for installation of fiber-optic facilities constituted a cable television franchise under federal law.

Recognitions and Memberships

Recognitions

  • Washington, D.C. "Super Lawyer" (2016, 2017)

Memberships

  • Federal Communications Bar Association
    • Cable Practice Section
  • New York State Bar Association
    • Intellectual Property Law Section
    • Entertainment, Arts and Sports Law Section
  • American Federation of Musicians
  • Recording Musicians Association (1982 to 1993)

Emerging Issues

Prior Positions

  • Dow Lohnes, PLLC (1996 to 2013)
    • Partner focusing practice on communications and cable television law, regulation and policy
  • City of New York Department of Information Technology and Telecommunications: Telecommunications Counsel (1993 to 1996)
    • Represented the City of New York in federal and state proceedings; responsible for cable television regulation and copyright and trademark matters; counseled the City of New York regarding telecommunications policy.
  • Editor and researcher for Professor Monroe E. Price (1993 to 1994)
    • Assisted in updating treatise Cable Television and Other Non-Broadcast Video
  • Gary Lutzker Music Services: President (1972 to 1993)
    • Managed music production for commercial announcements, television, motion pictures, symphonic, publishing, Broadway theatre and recordings.

Admissions

  • District of Columbia, 1997
  • New York, 1994

Education

  • J.D., Yeshiva University Benjamin N. Cardozo School of Law, 1993; Editor-in-Chief, Cardozo Arts & Entertainment Law Journal (1992 to 1993)
  • B.A., Fordham University, 1990
  • B.A., Berklee College of Music, 1975