PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Released: December 1, 2011 CAPITALIZATION STRATEGIES WORKSHOP FOR SMALL, MINORITY- AND WOMEN-OWNED BUSINESSES THURSDAY, DECEMBER 8, 2011, 9:00 a.m. - 4:30 p.m. The Federal Communications Commission’s Office of Communications Business Opportunities (“OCBO”) will host its third annual Capitalization Strategies Workshop focused on capital acquisition for small and diverse businesses in the communications industry. The workshop is free and open to the public and will be held on Thursday, December 8, 2011 from 9:00 a.m. until 4:30 p.m. at the FCC Headquarters, Commission Meeting Room, 445 12th Street, SW, Washington, DC. Small, minority- and women-owned business owners interested in telecommunications, broadcasting, or related businesses for which raising capital is a prerequisite, will hear remarks presented by finance experts from both the government and private sectors. Our experts will discuss challenges and strategies for obtaining public or private-sector financing for entrepreneurs seeking to launch new enterprises or to grow existing businesses in broadband, cable and broadcast TV, radio, wireless services, common carrier facilities, and others. The workshop will also cover strategies for ancillary services that provide technological, marketing, and administrative support to businesses in the communications industry. Finally, the workshop will include 30-minute breakout sessions in which several of our panelists will meet one-on-one with individual entrepreneurs and provide constructive feedback on their business plans. All persons interested in attending this informative event in person are asked to register by contacting OCBO at (202) 418-0990 or via e-mail at Karen.Beverly@fcc.gov. Persons interested in participating via the Internet may do so by logging on to www.fcc.gov/ocbo . This event will be streamed live. Reasonable accommodations for people with disabilities are available upon request. The request should include a detailed description of the accommodation needed and contact information. Please provide as much advance notice as possible; last minute requests will be accepted, but may be difficult to fill. Send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). You can also follow us on Twitter at http://twitter.com/FCC and on Facebook at http://facebook.com/FCC. 2 BREAKOUT SESSIONS Interested parties who wish to participate in the breakout sessions must sign up in advance and identify their top two choices of panelists with whom they would like to meet. Please take a moment to review the investment criteria and bios of each of the panelists and select the most appropriate investor with whom you’d like to discuss your business plan and capital needs. Send your business plan or other pertinent business information, together with your preferences for the one-on-one sessions, via e-mail to Karen Beverly, Consumer and Industry Affairs Specialist, OCBO. Karen may be reached at Karen.Beverly@fcc.gov or by phone at (202) 418-0990 or (202) 418-0993. There will be a limited number of breakout sessions, and appointments will be scheduled on a first-come first-served basis. Nevertheless, we will do our best to accommodate your stated preferences. CONFIRMED PANELISTS GARY BOJES Gary Bojes (USDA RUS). USDA'S Rural Utilities Service provides programs to finance rural America's telecommunications infrastructure. The Broadband Loan program provides loans to fund the costs of constructing, improving and acquiring facilities to provide broadband service to eligible rural communities. The Distance Learning and Telemedicine program brings electronic educational resources to rural schools and improves health care delivery in rural America. The Community Connect Grant program provides financial assistance to eligible applicants that will provide broadband in unserved areas to provide public safety services and foster economic growth. For more information about RUS, please visit www.usda.gov/rus/telecom Gary is the Senior Level Program and Policy Advisor in the United States Department of Agriculture and supports the Rural Utilities Service Administrator. The Rural Utilities Service (RUS) provides federal funding programs for the Electric, Telecommunications, and Water & Environmental Programs in Rural America with a large portfolio of infrastructure investments. Gary brings over 25 years of experience in finance, accounting, investment banking, and management consulting with previous regulation and public service for the Federal Deposit Insurance Corporation (FDIC). JAMES DOWNEY James Downey (Hunter Wise). Hunter Wise is a specialized investment banking firm providing the highest quality level of institutional financing, merger and acquisition, divestiture and advisory services, for small to medium-sized public businesses, as well as selected middle market, privately-held companies. Hunter Wise creates win-win corporate financial transactions because we have the knowledge, experience and long-term key relationships to create the ideal buyer-seller union or financing options. They bring decades of experience to your company. Whether it is debt, equity, or other strategic alternatives, Hunter Wise offers a financial solution for your firm. Their exceptional depth of professional expertise provides clients with a broad spectrum of sophisticated capital markets, financial advisory services and attentive support. See www.hunterwise.com. 3 James is well known for his acumen on credit matters, following an extensive career in banking. Before joining Hunter Wise, James founded Pacific Media Capital, LLC, a hedge fund focused on arranging capital for broadcasters, publishers, content providers, and cable operators. Previously, he was the Director of Media Originations for Wells Fargo Foothill, with responsibility for loans within the media industry at Foothill. He joined Foothill from Textron Financial at the time of their media portfolio sale, and was instrumental in expanding Foothill's media portfolio to one of the largest in the middle-market sector. Earlier experience includes wireless and media syndicated lending with Barclays Capital, and leveraged lending with predecessor banks to JP Morgan Chase and BNY Mellon. In total he has handled more than $40 billion of financing in the industry since 1992. Career responsibilities have included loan origination, structuring, underwriting, approval, monitoring, and workout/recovery. James holds a Bachelor of Arts in Economics from the University of Illinois and an MBA from Boston University. DAVID GILLERS David Gillers (U.S. Senate Committee on Small Business and Entrepreneurship). The Committee on Small Business and Entrepreneurship is directed under the standing rules of the United States Senate to be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the Small Business Administration (SBA). David is Counsel for banking and finance issues for both the Senate Committee on Small Business & Entrepreneurship and for Senator Mary Landrieu's (D-LA) personal office. He has worked extensively to expand small business access to capital, and helped negotiate the lending provisions on the past several small business jobs bills. Additionally, David worked on the small business provisions of the Dodd Frank Bill. Prior to his current position, David worked on the House Financial Services Domestic Monetary Policy Subcommittee and was a corporate attorney in Goulston & Storrs' Boston office. In that capacity he assisted a REIT in its acquisition and financing of a $7 billion piece of the $36 billion Blackstone/Equity Office buyout, which at the time was the largest buyout ever. David is a graduate of Columbia College, and received his JD from Boston College Law School where he was a Weinstein Scholar. ANITA STEPHENS GRAHAM Anita Stephens Graham (Opportunity Capital). Opportunity Capital’s primary investment focus is providing capital to later stage companies seeking acquisition and expansion financing. Opportunity Capital focuses primarily on businesses in the areas of communications, including media broadcasting and wireless, applied technology and traditional manufacturing segments. Opportunity Capital invests in companies with exclusive licenses or franchises, proprietary products or processes or other unique features and characteristics that provide a clear and sustainable competitive advantage. Opportunity Capital invests only in companies with experienced, compatible management teams that adequately cover each of the businesses’ key 4 functional areas. Their preferred investment range is $2,000,000 to $10,000,000. See www.opportunitycapitalpartners.com/. Anita joined Opportunity Capital Partners (OCP) in 1996. She has more than 20 years of experience at management levels within the private equity and banking industries. Anita has managed OCP's affairs with respect to its investments in several companies. She currently serves on the board of directors of the National Association of Investment Companies. She is also a board member of Pacific Community Ventures and a member of the Cornell University Entrepreneurial Advisory Council. Anita holds an undergraduate degree in Economics from Cornell University and an Executive MBA from Golden Gate University. REGINALD GREINER Reginald Greiner (Avondale Ventures). Avondale Ventures, LLC is a private equity acquisition platform which is focused on middle-market, change-of-control transactions and minority investment transactions. Avondale Venture’s strategy is to partner with existing owners/managers as they acquire and invest in well-managed and well-positioned companies located principally in North America. Avondale Ventures primarily sponsors deals involving businesses with enterprise values from $5 million to $75 million. Their industry expertise includes business services, consumer products, financial services transportation, media, technology and communications. See http://www.avondaleventures.com. Mr. Greiner has spent the last 15 years in the private equity and corporate finance world. His deal activity has ranged from early stage payment technology companies to billion dollar multi- national financial organizations. His vast experience within private equity markets has enabled him to form many relationships and has been an active board member, advisor, and investor for many emerging companies over the years. Currently Mr. Greiner is actively involved in growing a payments platform in the prepaid debit card industry. Previously, Mr. Greiner was with UBS Capital in their Strategic Investment Group (SIG). Within this capacity Mr. Greiner and his team were responsible for investing in both direct and fund investments within private equity. His group invested and managed over $1.5 Billion in capital commitments while with UBS. Prior to UBS, Mr. Greiner was with Rare Medium Group’s Venture Practice, where his group transitioned Rare Medium from an Interactive Agency into one of the industry leading Terrestrial Satellite and Telecom Service Groups. (Mobile Satellite Ventures or MSV). Mr. Greiner holds a B.S. degree in Finance from Siena College and has completed thesis work at Georgetown University and American University where he was a Presidential Scholar. He is an active advisor to the Young Venture Capitalists Society, the UNC Kenan Flagler VCIC Program, and is an avid supporter and volunteer of Pendleton Place Childrens Home. A current company Mr. Greiner is currently actively involved is FirstView Financial. 5 MARK GROVIC Mark Grovic (New Market Venture Partners) New Markets Venture Partners is a leading early stage venture capital firm that invests in and actively assists innovative information technology, business services, and education companies. The New Markets Team has decades of experience investing in and building high growth companies, and benefits from the wisdom, tenacity, and vision of founders of a highly successful public company and one of the U.S.'s premier venture firms. The team has proprietary relationships with centers of innovation, and particular domain expertise around technology and education. They pride themselves as being entrepreneur friendly, and they work to add value before, during and after the investment process. See www.newmarketsvp.com. Mark co-founded New Market Venture Partners in 2002 and is a General Partner. Mark has been investing in high growth companies since 1992. Prior to New Markets, Mark was a Portfolio Manager for the Small Enterprise Assistance Funds (SEAF), a $200 million managed emerging market venture capital company, a Director of Estonia-based Baltic Small Equity Fund, a Co-Founder and Principal of the Templeton Emerging Europe Fund, a Principal of Templeton Direct Advisors, and a Portfolio Manager of Private Equities at the Calvert Group. Mark is a VC in Residence and Professor of Venture Capital and Ethics at the R.H. Smith School of Business at the University of Maryland (UMD). He has 10 years experience in higher education as an instructor and advisor to entrepreneurship and technology commercialization. Mark serves on numerous technology transfer, incubator and entrepreneurship committees in the mid-Atlantic, and has twice earned awards for his instruction at UMD and at Howard University. Mark is also on the Board of Directors of the Baltimore Chapter of National Foundation for Teaching Entrepreneurship (NFTE) and Emerson Preparatory High School in Washington, DC. PATRICK KELLEY Patrick Kelley (SBA). The U.S. Small Business Administration was created as an independent agency of the federal government and formed to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. The SBA recognizes that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace. The SBA helps Americans start, build and grow businesses. Through an extensive network of field offices and partnerships with public and private organizations, SBA delivers its services to people throughout the United States, Puerto Rico, the U. S. Virgin Islands and Guam. For a description of SBA’s loan programs, see www.sba.gov. 6 Mr. Kelley is a Senior Advisor to the Associate Administrator of the U.S. Small Business Administration's Office of Capital Access. His responsibilities include managing priority policy issues and projects for the Agency as well as representing the Agency in meetings with Congress, oversight groups, stakeholders and media. Prior to joining the U.S. Small Business Administration, he worked at the U.S. Department of Commerce providing guidance to the Under Secretary of the United States Patent and Trademark Office in developing next generation patent and trademark IT systems. Mr. Kelley led the $300M IT organization to a ground up re-design of the IT systems leveraging “agile” development methodology with smaller deliverables and more flexible development cycles. Working closely with the Deputy Under Secretary of the United States Patent and Trademark Office, he produced comprehensive operations reform for the 10,000 employee, $2B fee funded federal agency. Activities summarized in the 2010-2015 USPTO Strategic Plan. A former associate of Schulte Roth & Zabel's Structure Finance Group, Mr. Kelley worked as deal counsel and collateral manager counsel for Collateralized Debt Obligations (CDOs), including synthetic and hybrid CDOs, having an aggregate value of several billion dollars. He received his B.A. from Colgate University and his J.D. from Boston College. BRIAN MAILLIAN W. Brian Maillian (Whitestone Capital). Whitestone Capital Group, Inc. (Whitestone) is a New York based, minority owned and controlled investment-banking firm established in 1993. Whitestone has garnered a reputation as a premier financial advisor and investment banking firm, founded on credibility, integrity, and ability to provide clients with innovative solutions in a timely, cost effective manner. Whitestone’s core competencies include asset sales, securitizations, privatizations of government assets, international securitizations, strategic advisory services and portfolio analysis. Whitestone's standing engagements affirm its ability to execute large-scale, multifaceted and complex transactions. Whitestone has worked closely with Federal government agencies including the U.S. Small Business Administration, the Government National Mortgage Association, and the Federal Housing Authority. Whitestone has created an infrastructure that mirrors the deal management and asset sales processes to ensure quality control and program integrity and oversight. See http://www.whitestonegroup.com. Mr. Maillian is the Founder, Chairman, and Chief Executive Officer of the Whitestone Group of Companies. Mr. Maillian has over 35 years of experience in the financial services industry, and is responsible for setting the strategic direction of the Firm and for new business development, global capital markets and client management. In this role, Mr. Maillian interfaces with clients to provide sophisticated and innovative global capital solutions to large scale, multi-faceted engagements. Mr. Maillian provides leadership and oversight on Whitestone engagements. He has functioned as Engagement Partner on key assignments and transactions, including Whitestone as Financial Advisor to Ginnie Mae's Mortgage Backed Securities Program, and Program Financial Advisor to the Small Business Administration's $10 billion Asset Disposition Program of SBA direct and formerly guaranteed loans. Mr. Maillian also served as Engagement Partner to Ginnie Mae's 7 $500 billion maiden Multiclass Securities Program. Mr. Maillian led the team of capital markets professionals performing valuations on $50 billion of Fannie Mae whole loan reverse mortgages. He served as an expert witness in the Askin Capital Management's $2 billion mortgage derivative bankruptcy case. Prior to forming Whitestone, Mr. Maillian was Senior Vice President at Greenwich Asset Management and Taxable Fixed Income Sales, and Vice President at CS First Boston in the Mortgage Finance Department and Taxable Fixed Income Sales, where he advised financial institutions and mortgage clients on financial strategies and directed over $10 billion in mergers, acquisitions, and divestitures. Mr. Maillian is a nationally recognized expert in creative structuring of mortgage securities, and Institutional Investor magazine selected two mortgage transactions structured by Mr. Maillian as Collateralized Mortgage Obligations (“CMO”) Deals of the Year. In 1984, Mr. Maillian structured the Citigroup Homeowners CMO, which was the First private Label CMO ever done, effectively the "Father of Securitizations". Mr. Maillian earned both his Bachelors of Arts in Mathematics and Computer Science, and his Masters of Business Administration with a concentration in Accounting and Finance, at the University of California at Los Angeles. THOMAS A. REED Thomas A. Reed serves as the Director of the Office of Communications Business Opportunities at the FCC. He assumed the directorship in August 2009 after a long career as a litigator in both the government and private sectors. Prior to joining the FCC, Thomas was Of Counsel at the law firm, K&L Gates LLP in Washington, DC, where his practice focused on a broad range of issues including commercial litigation, corporate governance, investment management, and civil rights. At K&L, Thomas specialized in regulatory issues affecting women and minority-owned businesses. He has worked extensively with some of the nation's largest organizations that seek to advance the competitive interests of women and minority-owned businesses. Also prior to joining the FCC, Thomas served as Legal Counsel to the National Coalition on Black Civic Participation and as Vice Chair of the Fairfax County Board of Elections. Prior to K&L, Thomas worked for several years as a Senior Trial Attorney in the Civil Rights Division of the U.S. Department of Justice where he prosecuted state and local jurisdictions whose voting practices weakened the voting strength of minority voters in violation of the Voting Rights Act of 1964 or failed to provide disabled citizens an equal opportunity to register to vote in violation of the National Voter Registration Act of 1993. While in private practice, Thomas was a regular commentator on disadvantaged business enterprise certification procedures for companies pursuing federal transportation contracts and strategies for companies contesting decertification actions. Thomas received his bachelor’s degree from Princeton University and his law degree from the University of Chicago Law School. S. JENELL TRIGG A former television sales and marketing executive, S. Jenell Trigg is Chair of Lerman Senter, PLLC, Intellectual Property and New Media & Technology Practice Group. Prior to private practice, Ms. Trigg 8 served as Assistant Chief Counsel for Telecommunications for the Office of Advocacy, U. S. Small Business Administration, as a Senior Telecommunications Policy Analyst for the FCC’s Office of Communications Business Opportunities, and as a law clerk for FCC Commissioners Rachelle B. Chong and Susan Ness. She was a 2003 Fellow for the National Association of Broadcasters Educational Foundation Broadcast Leadership Training Program and currently serves on the BLT faculty. Ms. Trigg has been involved with the FCC’s Advisory Committee for Diversity in a Digital Age since its inception as a subject matter expert, consultant, and/or member of the Funding Acquisition Taskforce. A graduate of Northwestern University and The Catholic University Columbus School of Law, magna cum laude, Ms. Trigg also received certification from the law school’s Institute for Communications Law Studies, with honors. 9 Capitalization Strategies Workshop for Small, Women And Minority-Owned Businesses December 8, 2011 Commission Meeting Room AGENDA 9:00 a.m. Welcoming Remarks – Thomas Reed 9:05 a.m. Remarks –RUS Administrator Jonathan Adelstein 9:15 a.m. Remarks – Commissioner Michael Copps 9:30 a.m. Government Panel: Our first panel will discuss capital resources available through their respective government agencies; what initiatives they are currently implementing which provide federal grant and loan opportunities to small businesses; and training programs designed to prepare small businesses for the requisite grant and loan application processes. Panelists: Gary Bojes, PhD (Rural Utilities Service, Rural Development, USDA); Patrick Kelley (U.S. Small Business Administration); David Gillers (Senate Committee on Small Business and Entrepreneurship); and S. Jenell Trigg, (Lerman Senter, PLLC.). 10:45 a.m. Break 11:00 a.m. Private Equity Panel: Our second panel will discuss their companies’ respective investment strategies; where information technology and telecommunications innovators fit within their review of investment opportunities; and what small business owners need to do to convince potential investors that their company is a good bet. Panelists: Anita Stephens Graham (Opportunity Capital); Reginald Greiner (Avondale Ventures); James Downey (Hunter Wise); Mark Grovic (New Market Ventures) and Brian Maillian (Whitestone Capital). 12:15 p.m. Lunch (on your own: Capital Café is on CY-courtyard level of the FCC Building) 1:30-4:30pm Breakout Sessions: Workshop participants who registered in advance for our 30 minute breakout sessions should gather in the FCC meeting room promptly at 1:30 p.m. OCBO staff members will be on hand to escort you to your respective meeting rooms.