Related Practices

Admitted to Practice

U.S. Supreme Court
District of Columbia, 1979
U.S. Court of Appeals D.C. Circuit
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 7th Circuit
U.S. Court of Appeals 8th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 10th Circuit
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals Federal Circuit
U.S. District Court District of Colorado, 2011
U.S. District Court District of Columbia
U.S. District Court Eastern District of Wisconsin
U.S. District Court Eastern District of Michigan

John D. Seiver

Of Counsel

Download vCard

Washington, D.C.

T202.973.4212

F202.973.4412

John Seiver practices communications law, representing the interests of cable television, competing delivery technology and telecommunications companies. He has more than 30 years of regulatory and litigation experience at the local, national and international levels. John has either directly handled or been substantially involved with most of the major state and national communications litigation since 1984.

Practice Highlights

More than 30 years of regulatory and litigation experience representing the interests of franchised cable television companies, related affiliates, state and national cable associations, and regional and national program networks providing video, data, and voice services in proceedings before state and federal courts, the FCC, and state public service commissions
Handled directly or substantially involved in most of the major state and national communications litigation since 1984
Litigation and related matters under the Communications Act and Fifth Amendment
Counseled and litigated matters involving governmental and third-party demands for subscriber information under ECPA, Cable Act, and other state and federal statutes
Drafted, counseled, and litigated online and video advertising privacy policies, DMCA compliance, subscriber agreements, acceptable use policies for Internet access service and websites
Drafted, negotiated, and litigated commercial agreements and statutory provisions relating to program distribution, program access, copyright and program licensing, telecommunications franchising, rights-of-way disputes, OVS, and telco, electric and municipal/cooperative competitive video deployment
Litigated theft of service proceedings, late fee defenses, signal carriage disputes, franchise renewals and transfers, and arbitration of copyright licensing disputes; federal preemption cases under Section 253 of the 1996 Act; and pole attachment hearings, regulatory proceedings, and appeals
Defended constitutional challenges to the 1996 revisions to Pole Attachment Act at the FCC and in the federal court of appeals

Representative Experience

Valentine v. Nebuad

Obtained dismissal on lack of jurisdiction, on behalf of Internet service provider Bresnan Communications in federal privacy lawsuit challenging the use of deep-packet inspection technology (2009). Won dismissal of sister-case in Montana and currently on appeal in the 9th Circuit. (Ongoing)

Florida Cable Telecommunications Association, et al. v. Gulf Power Company

Represented cable operators in victory at a hearing before an FCC ALJ and before the full Commission on appeal of that victory in a pole attachment complaint against Gulf Power, after the defendant terminated pole attachment agreements and demanded new ones with 600 percent rate increases. FCC 07D-01; E.B. Docket No. 04-381 (F.C.C. 2011). Now pending in DC Circuit (no. 11-1215). Read more

Pole attachment rate litigation for national provider of broadband services

Won motion to dismiss utility complaint company demanding higher pole attachment payments for the operator's provision of telecommunications and voice services over its cable system. (U.S.D.C. 2010)

Pole attachment rate litigation for cable system operator

Represented cable operator in obtaining an Atlanta court ruling which placed jurisdiction over pole attachment rate disputes with the FCC. Victory in litigation that has been going on since 2006 over the application of the telecom attachment rate to mixed cable and telecom networks, with approximately $5 million at stake directly and hundreds of millions of dollars at risk nationally from adverse rulings. (2009)

Subpoena enforcement matter for national provider of broadband services and other ISPs

Federal appeals court defense of subscriber privacy claims under Digital Millennium Copyright Act; multiple proceedings in state and federal courts for ISPs responding to, quashing or objecting to subpoenas for subscriber information. 393 F.3d 771 (8th Cir. 2005)

Buena Vista Television v. Adelphia Communications Corp.

Defended Adelphia against suit seeking more than $500 million in damages for copyright infringement arising from Adelphia’s failure to pay copyright royalties during the 2002/1 accounting period, when Adelphia declared bankruptcy. (2004) Read more