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K.C. Halm

HalmK.C.
Partner
T202.973.4287
F202.973.4487
Broadband ISPs, wireless providers, and cable operators rely on K.C. Halm for experienced counsel on a wide range of broadband policy and competition matters involving wireless licensing and spectrum acquisition, compliance with Open Internet, privacy and special access (business data services) regulations, and state attorney general and PSC investigations. K.C. also litigates interconnection and competition issues for clients in federal and state courts and before administrative agencies.

In addition, K.C. advises clients on privacy and data/network security issues under federal and state law, with a recent focus on issues arising under the Communications Assistance for Law Enforcement Act (CALEA), the telephone and cable privacy sections of the Telecommunications Act (CPNI), and mobile privacy and location-based services.

Proud to represent America’s veterans, K.C. provides pro bono counsel to vets on disability and related claims before the Veterans Administration and the U.S. Court of Appeals for Veterans Claims.

K.C.’s clients include Charter Communications, Comcast, Cricket Communications (Leap Wireless), IPC Spectrum LLC, JAB Wireless Broadband, Mediacom Communications, Rogers Communications, Shentel, Suddenlink/Altice USA, Tampnet, Wave Broadband, and XO Communications.

Representative Experience

Transactions

Shenandoah Tel. acquisition of NTELOS

Buy-side regulatory counsel for acquisition of domestic wireless (CMRS) provider acquiring AWS, PCS, and BRS licenses, and network funding under FCC Mobility Fund and RUS grant. (2016)

Tampnet USA LLC acquisition of Broadpoint Wireless licenses and assets

Buy-side regulatory counsel for acquisition of domestic wireless provider. Secured declaratory ruling under 310(b)(4) for foreign parents’ acquisition and holding of domestic wireless and secured DOJ "Team Telecom" approval of transaction. (2016)

Altice-Suddenlink acquisition of cable broadband provider

Secured FCC and state license transfers, including due diligence and regulatory counseling, concerning acquisition of cable broadband and VoIP assets. Sell-side counsel to Suddenlink Communications in $9 billion transaction with Altice, involving review by FCC and 15 states. (2015)

Acquisition of cable broadband provider

Represented national cable broadband provider in obtaining California PUC consents for acquisition of cable broadband provider, involving significant oppositions during adjudicatory transfer of control proceeding. (2014)

IPC Spectrum acquisition of 700 MHz

Advised utility on acquisition of 700 MHz licenses for wireless telemetry and smart-grid operations. (2016)

Rise Broadband acquisition of EBS spectrum

Advised wireless ISP Rise Broadband on the purchase of EBS spectrum rights in the Xanadoo LLC bankruptcy.

Broadband/Wireline

Open Internet

Advising broadband providers on matters relating to Open Internet compliance, including implementation of data caps, usage limitations, and transparency disclosures. (Ongoing)

Broadband privacy

Advising cable and wireline broadband providers on matters relating to privacy and data security obligations and breach reporting duties related to CPNI and customer proprietary information. (Ongoing)

State attorney general investigations

Counseled cable broadband provider on state attorney general inquiry into broadband and network management practices. (2014)

Special Access/Business Data Services rulemaking

Advocated for cable broadband provider in FCC special access "business data services" rulemaking, including comments and ex parte advocacy regarding same. (2016)

Universal Service Fund Issues

Connect America Fund (CAF)

Successfully defeated numerous overbuild subsidies directed to incumbent telco providers through CAF Phase I and Phase II challenge process. (2015)

Rural Broadband Experiment

Represented several cable broadband and wireless service providers during FCC’s experimental rural broadband reverse auction proceeding. (2014)

Schools and libraries (E-Rate)

Successfully challenged USAC denial of funding decision to secure release of $5 million in E-Rate funding for wireline service provider. (2014)

Healthcare Connect Fund

Drafted, negotiated, and implemented operational contracts for recipient of funding under Healthcare Connect Fund program. (2014)

Audits, investigations, and inquiries

Secured favorable resolution for cable VoIP operator during informal audit of USF contribution and reporting methodologies. (2013)

Wireless/Mobile

Spectrum licensing, sharing, and transactions

Advised clients engaging in spectrum transactions, including FCC enhanced factor review for spectrum below 1 GHz, competition analysis, build-out rules, and other regulatory issues. (2016)

Spectrum licensing, sharing, and transactions for private equity firms

Counseled private equity firms on FCC spectrum allocation and licensing matters. (2016)

Spectrum licensing, sharing, and transactions for service providers

Advise service providers on potential commercial operations under spectrum sharing regime in 3.5 GHz band. (2016)

Incentive auctions

Advised incentive auction applicants on structure and governance issues to comply with FCC designated entity (D.E.) regulations for historic forward auction component of broadcast incentive auction. (2016)

Regulatory compliance

Counseled wireless service providers on regulatory compliance, including build-out obligations, USF contributions, and related operational matters. (2015)

Spectrum interference enforcement proceedings

Represented wireless service providers and cable operators in Enforcement Bureau proceedings and informal disputes involving spectrum interference issues. (2013)

Litigation

Fairpoint v. Charter

Represented cable broadband provider in network access and pole attachment dispute and adjudicatory proceeding involving issues of fair compensation, regulatory classification, and limitations on jurisdiction. (2015)

Suddenlink v. FiberNet

Secured favorable settlement terms for plaintiff in administrative litigation concerning competitive issues arising from waiver of early termination fees. (2011)

West Virginia PSC v. Shentel Cable

Litigated VoIP classification and related issues before West Virginia Public Service Commission. (2011)

XO Communications v. AT&T California

On behalf of XO Communications, litigated collocation and interconnection rate dispute before California Public Utilities Commission. (2011)

Cricket Communications v. AT&T

Arbitration of interconnection and intercarrier compensation issues with AT&T in multiple jurisdictions (Kentucky, Tennessee, Alabama, Mississippi, North Carolina, South Carolina, and Louisiana). (2010)

Additional Qualifications

  • Cole, Raywid & Braverman LLP, Associate, Washington, D.C., 1999-2006
  • KPMG Peat Marwick, Senior Consultant, 1995-1996
  • Hooper Hooper Owen & Gould, Legislative Assistant,1991-1995
  • U.S. Senate Finance Committee, Chairman Lloyd Bentsen (D-Texas), Clerk, 1989-1991

Professional & Community Activities

  • Federal Communications Bar Association
  • JJ’s Tournament, Inc. – Nonprofit organization in support of funding for autism research
  • Lawyers Serving Warriors – Pro bono assistance to veterans
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