Given the increasing prevalence of mobile calling apps over the last several years, there has been great confusion, uncertainty, and speculation as to how the Federal Communications Commission (“FCC” or “the Commission”) views such services for regulatory purposes. As mobile app companies mature and become acquisition targets of larger enterprises looking to augment their core assets, the owners of these mobile app businesses are learning the hard way that uncertainty at the FCC may create obstacles to closing a transaction on favorable terms. These uncertainties can be mitigated, however, with the support of experienced telecommunications counsel. We advise any impacted mobile app provider to prepare for an exit in advance by having their current policies and practices reviewed. The time to prepare is now, not when due diligence is already underway.
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