Jim Tomlinson draws on his nearly 25 years of experience in the communications industry to help clients with a wide range of cable and telecommunications issues, including federal, state and local regulatory matters, programming network issues, and contract negotiation and enforcement. Jim’s clients include cable operators, broadband providers, wireless carriers, VoIP providers, competitive local exchange carriers (CLECs) and cable programming networks. As a former senior in-house counsel for an international telecommunications provider, Jim has extensive practical experience with commercial and regulatory legal issues for telecommunications clients. Prior to practicing law, Jim was a systems engineer, corporate account manager and network planner with a large telecommunications company, giving him an in-depth understanding of broadband networks and business issues facing communications companies.
One of Jim’s primary practice areas is pole attachments, where he advises cable television, telecommunications and wireless providers on outside plant deployment issues. Jim regularly performs complex pole attachment rate calculations and analysis. Jim has negotiated numerous pole attachment and conduit agreements and represents communications companies before the FCC and state regulatory agencies in regulatory litigation and rulemakings involving pole attachments.
In addition, Jim counsels his communications clients on a variety of antitrust and competition issues, including matters such as joint ventures, group purchasing, tying, resale price maintenance and trade association activities. He also counsels clients on premerger notifications to the Federal Trade Commission and the Department of Justice, having obtained agency clearance for numerous mergers and acquisitions, and has represented clients in responding to DOJ investigations.
Jim counsels competitive telecommunications, VoIP and broadband service providers on a wide range of telecommunications competition and broadband policy matters, including market entry, licensing and tariff obligations, commercial disputes, and subscriber privacy issues under federal and state communications law. His work in this area involves drafting subscriber agreements, privacy policies, acceptable use policies and other related documents for communications entities and other companies.
Jim also advises cable program networks on a wide variety of commercial and regulatory issues, such as closed captioning, program access and Internet and website matters.
Selected Experience
Pole Attachments
Pole attachment and conduit rate analysis for cable television, broadband and wireless providers
Assisted clients with complex pole attachment and conduit rate analysis using formulas prescribed by the FCC and various state commissions. Performed detailed analysis and critique of pole attachment and conduit rate calculations prepared by pole owners.
Pole attachment agreements for cable television, broadband and wireless providers
Negotiate agreements on behalf of broadband and wireless clients, including state broadband and cable associations, for pole attachments and help to resolve disputes concerning pole attachment agreement rates, terms and conditions of carriage. (Ongoing)
Pole attachment and conduit rulemakings for cable television, broadband and wireless providers
Assist clients with participation in federal and state pole attachment and conduit rulemakings to ensure that communications clients obtain access to essential outside plant infrastructure on just and reasonable rates, terms and conditions. (Ongoing)
Antitrust
Antitrust counsel for cable television and broadband providers and program networks
Advise numerous companies regarding structuring and operation of joint buying, distribution, development and standard setting activities, interlocking directorates, and other issues concerning compliance with U.S. antitrust laws. (Ongoing)
Hart Scott Rodino premerger clearances
Obtained numerous Hart Scott Rodino premerger clearances from the U.S. Department of Justice and Federal Trade Commission for acquisitions or mergers involving cable television companies, Internet access businesses, and others.
Antitrust litigation for cable television operator
Obtained favorable settlement for plaintiff cable operator of federal antitrust lawsuit against electric cooperative for denial of access to essential utility poles.
Communications Regulatory
FCC rulemaking proceedings for cable program networks
Represented coalitions of cable television program networks in rulemaking proceedings before the FCC in opposing efforts to impose regulations that would undermine program networks’ economic model and significantly restrict their distribution.
Cable broadcast signal carriage disputes for cable operators and cable networks
Represent cable operators and cable networks in FCC complaint and rulemaking proceedings concerning must carry and retransmission consent rules. (Ongoing)
Litigation
Rohn v. Cingular Wireless, LLC et al.
Obtained dismissal for defendant wireless telephone carrier, Centennial de Puerto Rico, of class action alleging violation of federal number portability requirements.