Art Harding has represented clients in the broadcasting, cable television, and telecommunications sectors for over 40 years, with a particular concentration on interactions between broadcasters and MVPDs, including must carry, retransmission consent, and copyright. He advises broadcasters on matters such as the FCC incentive auction, market modifications, political broadcasting, children’s programming requirements, and network affiliation agreements. He assists cable operators with franchise negotiations, programming agreements, and rate regulation, and has obtained regulatory consents for many of the largest cable deals. He represents clients before the Federal Communications Commission and the U.S. Copyright Office on a wide range of issues, and participates in proceedings such as enforcement matters, approvals for transactions, waiver petitions, and rulemakings.
In recent matters, Art helped a TV station obtain FCC approval to relocate a transmitter to 1 World Trade Center; defended a client against efforts by a cable operator to drop a noncommercial station from various communities due to relocation of a long-standing headend site; and won a FCC case ruling that satellite carriers, not DBS resellers, are responsible for obtaining retransmission consent from broadcast stations. In addition, Art negotiated a Kid Vid consent decree with FCC on behalf of a TV station and represented a major cable MSO in a copyright compulsory license audit proceeding.
Earlier in his career, Art worked as an attorney/advisor in the Federal Communications Commission’s Cable Television Bureau, and served as Assistant General Counsel of the National Cable Television Association.